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            <author>Taylor, Jeremy, 1613-1667.</author>
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                  <title>Ductor dubitantium, or, The rule of conscience in all her generall measures serving as a great instrument for the determination of cases of conscience : in four books / by Jeremy Taylor ...</title>
                  <title>Ductor dubitantium</title>
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      <front>
         <div type="frontispiece">
            <pb facs="tcp:58903:1"/>
            <p>
               <figure>
                  <p>DUCTOR DUBITANTIUM
or The RULE of CONSCIENCE
In lumine tuc, Domine, videbimus, lumen.</p>
               </figure>
            </p>
         </div>
         <div type="title_page">
            <pb facs="tcp:58903:1" rendition="simple:additions"/>
            <p>
               <hi>DVCTOR DVBITANTIVM,</hi>
OR
THE RULE
OF
CONSCIENCE
In all her generall measures;
Serving as a great Instrument for the determination of
CASES of CONSCIENCE.
In Four Books.</p>
            <p>By JEREMY TAYLOR, D. D.</p>
            <q>
               <bibl>Prov. 14. 8.</bibl>
               <p>
                  <gap reason="foreign">
                     <desc>〈 in non-Latin alphabet 〉</desc>
                  </gap>.</p>
            </q>
            <p>
               <hi>LONDON,</hi>
Printed by <hi>James Flesher,</hi> for <hi>Richard Royston</hi> at the Angel
in Ivy-lane, 1660.</p>
         </div>
         <div type="dedication">
            <pb facs="tcp:58903:2"/>
            <pb facs="tcp:58903:2"/>
            <head>TO
THE MOST SACRED MAJESTY
OF
CHARLES II.
KING of GREAT BRITAINE,
FRANCE and IRELAND,
Defender of the Faith, &amp;c.</head>
            <opener>
               <salute>Great Sir,</salute>
            </opener>
            <p>
               <seg rend="decorInit">T</seg>HE circles of the Divine Providence turn
themselves upon the affairs of the world
so, that every spondel of the wheels may
mark out those Vertues which we are then
to exercise; and every new event in the Oe<g ref="char:EOLhyphen"/>conomy
of God is God's finger to point out to us by what in<g ref="char:EOLhyphen"/>stances
he will be served. We have been sorely smitten and
for a long time; for (that I may use the words of the Pro<g ref="char:EOLhyphen"/>phet)
<hi>Alas, for that day was great, so that none
was like it, it was even the time of Jacob's
trouble;</hi> and then, Faith and Patience, and all the pas<g ref="char:EOLhyphen"/>sive
Graces of Religion were in their own season. But since
God hath left off to smite us with an iron rod, and hath once
more said unto these Nations,<note place="margin">Jer. 30. 7, 8.</note> 
               <hi>They shall serve the
<pb facs="tcp:58903:3"/>
Lord their God, and David their King whom
I have raised up unto them;</hi> Now our duty stands
on the Sunny side; it is our work to rejoice in <hi>God</hi> and in
<hi>God's Anointed,</hi> and to be glad, and worthily to accept
of our Prosperity is all our business: for so good a God we
serve, that he hath made it our Duty to be happy, and we can<g ref="char:EOLhyphen"/>not
please him unless we be infinitely pleased our selves. It
was impossible to live without our King; but as Slaves live,
that is, such who are civilly dead, and persons condemn'd to
metalls: we lived to the lusts and insolency of others, but not at
all to our selves, to our own Civil or Religious comforts. But
now our joys are mere and unmixt; for that we may doe our
duty and have our reward at once, God hath sent your Ma<g ref="char:EOLhyphen"/>jesty
amongst us, that we may feel the pleasures of Obedi<g ref="char:EOLhyphen"/>ence,
and reap the fruits of that Government which God
loves and uses, which He hath constituted and adorned,
which He hath restored to us by a conjugation of miracles, by
the work of his hand and the light of his countenance, by
changing the hearts of Men, and scattering the people that
delight in War, by infatuating their Counsels and break<g ref="char:EOLhyphen"/>ing
their Cords asunder; that is, which He himself hath
wrought amongst us by himself alone, and therefore will bless
and will never interrupt: only we must be carefull never to
provoke him any more by our Vnthankfulness and infidel
Apostasie.</p>
            <p>But now, Great Sir, be pleas'd to give me leave in the
throngs of those that rejoice to see the goodness of God to
his servant <hi>Job,</hi> in imitation of them who presented him
with, everyman, an ear-ring of Gold, and a piece of Sil<g ref="char:EOLhyphen"/>ver,<note place="margin">
                  <gap reason="foreign">
                     <desc>〈 in non-Latin alphabet 〉</desc>
                  </gap>
               </note>
or a Lambe *, to bring also my Offering, the significa<g ref="char:EOLhyphen"/>tion
of my joy. For though it be but two Books which
<pb facs="tcp:58903:3"/>
like the Widows two mites make up but a contempti<g ref="char:EOLhyphen"/>ble
Summe; yet because it is all I have, your Majesty may
be pleased to accept: and so much the rather, because
it is also an expression of that part of the duty of my Cal<g ref="char:EOLhyphen"/>ling
which hath fallen to my share. For your Majesty,
like the King in the Gospel, hath been in a far Country,
and some of your Citizens sent after you,<note place="margin">Luke 19. 14.</note> and said, <hi>No<g ref="char:EOLhyphen"/>lumus
hunc regnare;</hi> but God hath caused you to re<g ref="char:EOLhyphen"/>turn
and reign: and if your Majesty should by that ex<g ref="char:EOLhyphen"/>ample
call us to render an account of our Talents, I can
only say, that amongst those many Excellent persons who have
greatly improv'd theirs, I was willing to negotiate and to
labour. What fruit will from hence accrue to Souls is
wholly in the hands of God: but this semination and cul<g ref="char:EOLhyphen"/>ture
was much wanting in the Reformed Churches. For
though in all things else the Goodness of God hath made us
to abound, and our Cup to run over; yet our labours have
been hitherto unimploied in the description of the Rules of
Conscience and <hi>Casuistical Theology.</hi> In which be<g ref="char:EOLhyphen"/>cause
I have now made some attempt, if the production be
not unworthy, I am sure it is not improper to lay it at the
feet of your Majesty. For your Majesty being by God
appointed <hi>Custos utriusque Tabulae,</hi> since like <hi>Mo<g ref="char:EOLhyphen"/>ses</hi>
you are from God descended to us with the two Tables
of the Law in your hand, and that you will best govern by the
arguments and compulsory of Conscience, and this alone is
the greatest firmament of Obedience; whatsoever can be
the measure of Conscience <hi>est res Fisci,</hi> is part of your
own propriety, and enters into your Exchequer.</p>
            <p>Be pleased therefore, Gracious Sir, to accept this in<g ref="char:EOLhyphen"/>stance
of my duty to God, to your Majesty, and to your
<pb facs="tcp:58903:4"/>
Great Charge, the Church of England. There are in it
many things intended for the service, but nothing to disserve
any of these great interests. Those Cases that concern the
Power and Offices of Ecclesiastical <hi>Superiors</hi> and <hi>Su<g ref="char:EOLhyphen"/>preme,</hi>
were (though in another manner) long since done
by the incomparable M<hi rend="sup">r</hi> 
               <hi>Hooker,</hi>
               <note place="margin">Lib. 7, 8. Of Eccle. Polity. Lib. 8. de rep. Eccles.</note> and the learned Arch<g ref="char:EOLhyphen"/>bishop
of <hi>Spalato:</hi> but their labours were unhappily lost,
and never saw the light. And though I cannot attain to
the strength of these Champions of <hi>David</hi> and Guardians
of the Temple; yet since their portion of work is fallen
into my hand, I have heartily endeavoured to supply that
loss; though with no other event, but as charitable pas<g ref="char:EOLhyphen"/>sengers
by their <hi>little,</hi> but well-meaning, alms repair the
breaches of his fortune who was <hi>greatly</hi> undone by War
or Fire. But therefore I humbly beg your Majesties par<g ref="char:EOLhyphen"/>don
in all things where my weaknesses make me to despair of
your more Gracious acceptance: and here I am therefore to
be confident, because your Mercy is, as your Majesty, this
day in her exaltation, and is felt by all your Subjects; and
therefore humbly to be hoped for by</p>
            <closer>
               <salute>Great Sir,</salute>

               <signed>
                  <hi>Your Majesties</hi>
most dutifull and most
obedient Subject Jeremy Taylor.</signed>
            </closer>
         </div>
         <div type="preface">
            <pb n="i" facs="tcp:58903:4"/>
            <head>THE PREFACE.</head>
            <p>
               <seg rend="decorInit">T</seg>HE Reformation of Religion in the Western
Churches hath been so violently, so laborious<g ref="char:EOLhyphen"/>ly,
so universally oppos'd by Evil Spirits and
Evil Men, by willfulness and ignorance, by
prejudice and interest, by error and partiality;
and it self also hath been done so imperfectly
in some places, and so unskilfully in some others, because the
thick and long-incumbent darkness had made it impossible to be<g ref="char:EOLhyphen"/>hold
the whole Light in all its splendour; that it was found to be
work enough for the Ministers of Religion to convince the Gain-sayers,
to oppose their witty arts by the advantageous represent<g ref="char:EOLhyphen"/>ment
of wise truths, so to keep the people from their temptations.
But since there were not found many able to doe this but such
which had other cures to attend, the conduct of souls in their pub<g ref="char:EOLhyphen"/>lick
and private charges, and the consequent necessity of preach<g ref="char:EOLhyphen"/>ing
and catechising, visiting the sick, and their publick daily offi<g ref="char:EOLhyphen"/>ces;
it was the less wonder that in the Reformed Churches there
hath been so great a scarcity of Books of Cases of Conscience:
though it is not to be denied but the careless and needless neglect
of receiving private Confessions hath been too great a cause of our
not providing materials apt for so pious and useful a ministration.
But besides this, it is certain that there was a necessity of labou<g ref="char:EOLhyphen"/>ring
to other purposes then formerly: and this necessity was pre<g ref="char:EOLhyphen"/>sent
and urgent; and the hearts and heads of men ran to quench
that fire, &amp; left <hi>the government of the house</hi> more loosely, till they could
discern whether the house would be burnt or no by the flames
of contention which then brake out: only <hi>this duty</hi> was supplied
by excellent preachings, by private conferences, by admonitions
and answers given when some more pious and religious persons
came to Confessions, and as they were upon particular occasions
requir'd and invited. But for any publick provisions of books of
Casuistical Theology, we were almost wholly unprovided, and,
like the children of <hi>Israel</hi> in the days of <hi>Saul</hi> and <hi>Jonathan,</hi> we were
forc'd to go down to the forges of the <hi>Philistims</hi> to sharpen every
man his Share and his Coulter, his Axe and his Mattock. We had
<pb n="ii" facs="tcp:58903:5"/>
Swords and Spears of our own, enough for defence, and more
then enough for disputation: but in this more necessary part of
the Conduct of Consciences we did receive our answers from
abroad, till we found that our old needs were sometimes very ill
supplied, and new necessities did every day arise.</p>
            <p>Some of the Lutherans have indeed done something in this
kind which is well; <hi>Balduinus, Bidenbachius, Dedekanus, Konig,</hi> and
the Abbreviator of <hi>Gerard:</hi> Some essays also have been made by
others; <hi>Alstedius, Amesius, Perkins,</hi> and the late Eloquent and
Reverend Bishop of <hi>Norwich.</hi> But yet our needs remain; and
we cannot be well supplied out of the Roman store-houses: for
though <hi>there</hi> the staple is, and very many excellent things expos'd
to view; yet we have found the Merchants to be deceivers, and the
wares too often falsified.</p>
            <p>For 1. if we consider what heaps of prodigious propositions
and rules of Conscience their Doctors have given us, we shall
soon perceive that there are so many boxes of poison in their Re<g ref="char:EOLhyphen"/>positories
under the same paintings and specious titles, that as it
will be impossible for <hi>every man</hi> to distinguish their ministeries of
health from the methods of death; so it will be unsafe for <hi>any man</hi>
to venture indiscriminately. For who can safely trust that guide
that teaches him, [<q>
                  <note n="a" place="margin">Eman. Sa. aphor. v. Fur<g ref="char:EOLhyphen"/>tum.</note> That it is no deadly sin to steal, or privately
against his will and without his knowledge to take a thing from
him who is ready to give it if he were ask'd, but will not endure
to have it taken without asking; That it is no theft<note n="*" place="margin">Prov. 28. 24.</note> private<g ref="char:EOLhyphen"/>ly
to take a thing that is not great from our Father;<note n="b" place="margin">Idem v. Re<g ref="char:EOLhyphen"/>stitutio.</note> that <hi>he</hi>
who sees an innocent punish'd for what <hi>himself</hi> hath done, he in
the mean time who did it, holding his peace, is not bound to
restitution;<note n="c" place="margin">Diana de Eu<g ref="char:EOLhyphen"/>char. in com<g ref="char:EOLhyphen"/>pend. n. 30.</note> That he who falls into fornication, if he goes to
confession, may the same day in which he did fornicate receive
the Communion;<note place="margin">n. 31.</note> That Communion is Manducation, and
therefore requires not attention;<note place="margin">n. 32.</note> That he who being in deadly
sin receives the H. Communion commits but one sin, viz. that
against the dignity of the Sacrament; and that the omission of
confession is no distinct sin, meaning, amongst them who be<g ref="char:EOLhyphen"/>lieve
confession to be of Divine institution?</q>]<note place="margin">Idem de poenit. n. 3.</note> As bad or worse
are those affirmatives and doctrines of repentance.<note place="margin">num. 7.</note> [<q>A dying man
is not tied to be contrite for his sins; but confession and attriti<g ref="char:EOLhyphen"/>on
are sufficient:</q>] and that we may know what is meant by <hi>at<g ref="char:EOLhyphen"/>trition,</hi>
we are told [<q>
                  <hi>it is a sorrow for temporal evil,</hi>
                  <note place="margin">num. 11, &amp; 17, &amp; 18.</note> 
                  <hi>disgrace or loss of
health, sent by God as a punishment, or feared to be sent;</hi>
               </q>] this alone is
enough for Salvation, if the dying man do but confess to the
<pb n="iii" facs="tcp:58903:5"/>
Priest, though he have liv'd wickedly all his life-time. And
that we need not think the matter of confession to be too great a
burden, we are told, [<q>He that examines his Conscience before
confession, sins if he be too diligent and carefull.] But as for
the precept of having a contrite and a broken heart [It binds
not but in the article or danger of death:<note place="margin">num. 18.</note> nor then, but when
we cannot have the Sacrament of penance.</q>] To these may be
added those contradictions of severity for the securing of a holy
life: that [<q>If a man purpose at the present to sin no more,
though at the same time he believes he shall sin again, (that is,
that he will break his purpose,) yet that purpose is good enough:<note place="margin">num. 19.</note>
That it is not very certain whether he that hath <hi>attrition</hi> does re<g ref="char:EOLhyphen"/>ceive
grace, though he does not formally resolve to sin no more:</q>]
meaning, that it is probable, that it is not necessary to make
any such resolution of leaving their sin; they are not certain it is
so, nor certain that it is otherwise; that is, they find no Com<g ref="char:EOLhyphen"/>mandment
for these things: It may be they are counsell'd and ad<g ref="char:EOLhyphen"/>vis'd
in Scripture,<note place="margin">Id. Verb. De<g ref="char:EOLhyphen"/>tractio. num. 5.</note> but that is no great matter; for [<q>It is no sin
not to correspond with the Divine inspirations exhorting us to
Counsels.</q>] Adde to these, that [<q>To detract from our Neigh<g ref="char:EOLhyphen"/>bours
fame before a consciencious, silent and a good Man, is no
deadly sin:<note place="margin">Dispensatio. num. 11.</note> To dispense with our vows in a year of Jubile is valid,
though the condition of obtaining that Jubilee be not perform<g ref="char:EOLhyphen"/>ed.</q>]
Thus men amongst them have leave to sin, and the may live
in it as long as their life lasts without repentance; and that repen<g ref="char:EOLhyphen"/>tance
in the sum of affairs is nothing but to call to the Priest to ab<g ref="char:EOLhyphen"/>solve
them; provided you be sorrowfull for the evil you feel or
fear God will send on you: but contrition, or sorrow procee<g ref="char:EOLhyphen"/>ding
from the love of God is not at all necessary;<note place="margin">Concil. Trid. sess. 14. cap. 4.</note> [<q>neither is
it necessary that our sorrow be thought to be contrition; nei<g ref="char:EOLhyphen"/>ther
is it necessary that attrition should goe before confession,<note place="margin">Dian. Com<g ref="char:EOLhyphen"/>pend. de poenit. Sacram. n. 8.</note>
but will serve if it be sometime after; and if you confess none
but venial sins, it is sufficient if you be sorrowfull for one of
them; and the case is the same for mortal sins formerly con<g ref="char:EOLhyphen"/>fessed.</q>]
But I am ashamed of this heap of sad stories: If I
should amass together what themselves have collected in their
books, it would look like a libel: but who is pleased with variety
of such sores may enter into the Hospitals themselves, and walk
and look til he be weary.</p>
            <p>2. But not only with the evil matter of their propositions; but
we have reason to be offended with the strange manner of their
answerings. I shall not need to instance in that kind of ar<g ref="char:EOLhyphen"/>gument
<pb n="iv" facs="tcp:58903:6"/>
which is but too frequent among those who prevail more
by their authority then their reason, of proving propositions by
similitudes and analogies.<note place="margin">Clavis Regia, l. 4. c. 2. n. 5.</note> I remember that <hi>Gregory Sayr</hi> saies
that all the Precepts of the Moral Law are to be reduc'd to the
Decalogue; because as all natural things are reduc'd to ten Praedi<g ref="char:EOLhyphen"/>ments,
so it is expedient that all kinds of vertues &amp; vice be reduc'd
to the ten Commandments. And <hi>Bessaeus</hi> infers seven Sacra<g ref="char:EOLhyphen"/>ments
from the number of the Planets, and the seven ears of full
corn in Egypt, &amp; seven water-pots changed into wine (though there
were but six,) because as the wine fill'd <hi>six water-pots,</hi> so the Sa<g ref="char:EOLhyphen"/>crament
of the Eucharist fills the other six, and it self makes the
seventh; and that therefore peradventure the Sacraments are cal<g ref="char:EOLhyphen"/>led
<hi>Vessels of grace.</hi> But this I look upon as a want of better argu<g ref="char:EOLhyphen"/>ments
in a weak cause, manag'd by careless and confident per<g ref="char:EOLhyphen"/>sons;
and note it only as a fault, that the Guides of Consciences
should speak many things when they can prove but few.</p>
            <p>3. That which I suppose to be of greatest Consideration is,
that the Casuists of the Roman Church take these things for reso<g ref="char:EOLhyphen"/>lution
and answer to questions of Conscience which are spoken
by an authority that is not sufficient; and they admit of Canons,
and the Epistles of Popes for authentick warranties, which are
suspicious whether ever they were written by them to whose au<g ref="char:EOLhyphen"/>thority
only they do pretend; and they quote sayings of the old
Doctors, which are contradicted by others of equal learning and
reputation, and all cited in their own Canon Law; and have not
any sufficient means to ascertain themselves what is binding in
very many cases argued in their Canons, and Decretal epistles, and
Bulls of Popes. Nay they must needs be at a loss in their con<g ref="char:EOLhyphen"/>duct
of Consciences, especially in all inquiries and articles of
faith, when they chuse such foundations, which themselves know
to be weak and tottering; and yet lay the greatest load upon such
foundations, and tie the Conscience with the hardest ligature,
where it is certain they can give no security. For it is not
agreed in the Church of <hi>Rome,</hi> neither can they tell upon whose
authority they may finally rely: <hi>they cannot tell who is the visible
Head of the Church:</hi> for they are not sure the Pope is; because a
Council may be superior to him, and whether it be or no it is
not resolved: And therefore either they must change their Princi<g ref="char:EOLhyphen"/>ple,
and rely only upon Scriptures and right Reason and Univer<g ref="char:EOLhyphen"/>sal
Testimonies, or give no answer to the Conscience in very
many cases of the greatest concernment; for by all other measures
their questions are indeterminable. But the authority of man
<pb n="v" facs="tcp:58903:6"/>
they make to be their foundation: and yet if their allegations were
allowed to be good argument, it would serve them but to very
few purposes, since the Doctors, whose affirmative is the decision
of the Case, are so infinitely divided.</p>
            <p>4. This to me, and to very many wise men, looks like a very
great Objection: but I find that they who are most concerned in
it account it none; For the Roman Casuists profess it; and yet
do not suppose that the Consequent of this should be, that <hi>the
case is difficult,</hi> and <hi>the men not to be relied upon,</hi> and <hi>the Conscience to be
otherwise informed,</hi> and <hi>that we ought to walk the more warily,</hi> but there<g ref="char:EOLhyphen"/>fore
<hi>the Conscience is at liberty,</hi> and <hi>the question in order to practice hath
no difficulty; hard</hi> in the <hi>case,</hi> but <hi>easie</hi> in the <hi>action;</hi> for by this
means they entertain all interests, and comply with all perswasi<g ref="char:EOLhyphen"/>ons,
and send none away Unsatisfied. For Uncertain answers
make with them no Uncertain resolution; for they teach us, that in
such cases we may follow either part: and therefore they studi<g ref="char:EOLhyphen"/>ously
keep up this Academical or rather Sceptick Theology,<note place="margin">Sa aphor. verb. Jejun. n. 11.</note> 
               <hi>Alii aiunt,
alii negant; utrumque probabile.</hi> And upon this account, al<g ref="char:EOLhyphen"/>though
with greatest severity they bind on mens perswasions the
doctrines of meats and carnal ordinances, yet they have left them
loose enough when it comes to the Conscience, so loose that the
precept is become ridiculous: for what can it be otherwise, when
they teach,<note place="margin">ibid. n. 8.</note>
               <q> that the <hi>Fast</hi> is not broken by drinking of water or
wine, nay though we eate something that our drink may not
hurt us; nor the usual collation at night if it be taken in the
morning; nor if the Butler or the Cook lick his fingers; nor if
we eat egs or milk-meats, so it be not in the holy time of Lent;
nor if after dinner awhile you eate something at the entreaty
of a friend; nor if you upon a reasonable cause eate before
your time? in all these cases you eat and fast at the same time.</q> All
these things are derivatives from the contrary opinions of some
easy, gentle Doctors; and the effect of this stratagem is seen in
things of greater consequence.<note place="margin">idem verb. Du<g ref="char:EOLhyphen"/>bium.</note> For [<hi>we are free from our vow, or
from a Commandement, if it be a probable opinion of the Doctors that we
are free;</hi>] and [it is probable, if it be the opinion of one grave
Doctor:] That is, in effect, plainly, <hi>If it be probable</hi> [in the
doctrine,] <hi>it is certain</hi> [in practice;] and it is probable if any
one of their Doctors says it.</p>
            <p>5. And the mischief of this is further yet discernible, if we
consider that they determine <hi>their greatest and most Mysterious cases</hi>
oftentimes by no other argument but the saying of some few of
their Writers. I shall give but one instance of it; but it shall be
<pb n="vi" facs="tcp:58903:7"/>
something remarkable. The question was, <hi>Whether the Pope can
dispense in the law of God?</hi> The inquiry is not concerning a dish of
whey,<note place="margin">Suarez lib. 10. deleg. cap. 6. n. 3.</note> but of a considerable affair; upon which the right or
the wrong of many thousand Consciences amongst them do
depend. It is answered <q>[That one opinion of the Catholicks
says, that the Pope can dispense in all things of the Law of God,
excepting the articles of faith.] The proof is this, So <hi>Panormi<g ref="char:EOLhyphen"/>tan</hi>
speaks, <hi>in cap. proposuit, de concess. praebend, n.</hi> 20. citing <hi>Inno<g ref="char:EOLhyphen"/>centius
in cap. cum ad Monasterium, de statu Monachorum;</hi> where he
saies, that without cause the Pope cannot dispense in things of
Divine right; intimating that with cause he may. And the
same is the opinion of <hi>Felinus in cap. Quae in Eccles. de const.
n.</hi> 19, <hi>&amp;</hi> 20. where amongst other things he saith, that the Pope
when he hath cause can change the usual form of baptisme,
and make it lawfull to baptize in the Name of the Trinity,
which he reports out of <hi>Innocentius cap.</hi> 1. <hi>de baptis. in fine num.</hi>
11. Yea the same <hi>Felinus</hi> is bold to affirm <hi>in cap.</hi> 1. <hi>de const. n.</hi> 23.
that the Pope with one word can create a Priest, without any
other solemnity, saying, Be thou a Priest; which he reports out
of <hi>Innocentius in cap.</hi> 1. <hi>Sacra Unct.</hi> The same <hi>Felinus</hi> adds further
that the Pope with his word alone can make a Bishop; and he
cites <hi>Angelus in l.</hi> 2. <hi>C. de crim. Sacrilegii; &amp; in l.</hi> 1. <hi>C. de Sententiam
passis.</hi> The same sentence is held by <hi>Decius, consil.</hi> 112. <hi>n</hi> 3. <hi>in fine;
&amp; in dict. cap. Quae in Eccles. n.</hi> 25. <hi>&amp; seq. aliàs n.</hi> 44, <hi>&amp;</hi> 45. <hi>in Novis.
Allegantur etiam alii Juristae in cap.</hi> 2. <hi>de translat. Episcopi; &amp; in l.
Manumissiones. ff. de just. &amp; jure; &amp; in l.</hi> 2. <hi>C. de servit.</hi> &amp;c.</q>
            </p>
            <p>Here is a rare way of probation: for these allegations are not
only a testimonial that these Catholick authors are of that opinion;
but it is intended to represent, that this opinion is not against the
Catholick faith; that Popes and great Lawyers are of it; and
therefore that it is safe, &amp; it may be followed, or be let alone: but
yet this is sufficient to determine the doubting Conscience of a
subject, or to be propounded to him as that on which he may
with security and indemnity rely. The thing is affirm'd by <hi>Feli<g ref="char:EOLhyphen"/>nus,</hi>
and for this he quotes <hi>Innocentius;</hi> and the same is the opinion
of <hi>Decius,</hi> and for this opinion divers other Lawyers are alleged.
Now when this or the like happens to be in a question of so great
Concernment as this, it is such a dry story, such an improbable
proof, so unsatisfying an answer to the Conscience, that the great
determination of all those questions and practices which can
depend upon so Universall an article as this, and a warranty to
doe actions which their adversaries say are abhorrent from the
<pb n="vii" facs="tcp:58903:7"/>
law of Nature and common honestly, shall in their finall resort
rest upon the saying of one or two persons, who having boldly
spoken a foolish thing, have passed without condemnation
by those Superiors for whose interest they have been bold to tell
so great a lie.</p>
            <p>In Conclusion, the effect of these Uncertain principles and
Unsteady Conduct of questions is this; that though by violence
and force they have constrain'd and thrust their Churches into
an Union of faith, like beasts into a pound, yet they have made
their cases of Conscience and the actions of their lives Unstable as
the face of the Waters, and Unmeasurable as the dimensions of
the Moon: by which means their Confessors shall be enabled
to answer according to every mans humor, and no man shall
depart sad from their Penitential chairs, and themselves shall
take or give leave to any thing: concerning which I refer the
Reader to the books and letters written by their parties of <hi>Port<g ref="char:EOLhyphen"/>royal,</hi>
and to their own weak answers and vindications.</p>
            <p>If I were willing by accusing others to get reputation to my
own, or the Undertakings of any of our perswasion or commu<g ref="char:EOLhyphen"/>nion,
I could give very many instances of their Unjustice and
partialities in determining matters and questions of justice which
concern the Church and their Ecclesiastical persons; as if what
was just amongst the reprobates of the laity were hard measure
if done to an Ecclesiastick, and that there were two sorts of
justice, the one for Seculars &amp; the other for Church-men; of which
their own books<note n="*" place="margin">Vide Summas Cas. Consc. in verbis, Immu<g ref="char:EOLhyphen"/>nitas. Ecclesia. Hospitale. Pri<g ref="char:EOLhyphen"/>vilegium. Cle<g ref="char:EOLhyphen"/>ricus. Mona<g ref="char:EOLhyphen"/>sterium. &amp;c.</note> give but too many instances. I could also
remark that the Monks and Friers are <hi>iniquiores in Matrimonium,</hi> and
make inquiries into Matrimonial causes with an impure curiosity,
and make answers sometimes with spite and envy, sometimes
with licentiousnesse; that their distinction of Sins <hi>Mortal and
Venial</hi> hath intricated and confounded almost all the Certainty &amp;
answers of Moral Theology: but nothing of this is fitted to
my intention, which is only to make it evident that it was
necessary that Cases of Conscience should be written over a new,
and established upon better principles, and proceed in more
sober and satisfying methods: nothing being more requisite
then that we should all <hi>be instructed, and throughly prepared to every
good work;</hi> that we should <hi>have a conscience void of offence both towards
God and towards man;</hi> that we should be able <hi>to separate the vile
from the precious,</hi> and know what to chuse and what to avoid;
that <hi>we may have our senses exercised to discern between good and evil,</hi> that
we may <hi>not call good evil, or evil good.</hi> For since obedience is the love
<pb n="viii" facs="tcp:58903:8"/>
of God, and to doe well is the life of religion, and the end of
faith is the death of sin and the life of righteousnesse; nothing is
more necessary then that we be rightly informed in all morall
notices; because in these things an Error leads on to evil acti<g ref="char:EOLhyphen"/>ons,
to the choice of sin, and the expresse displeasure of God; other<g ref="char:EOLhyphen"/>wise
then it happens in speculation and ineffective notices and
schoole-questions.</p>
            <p>And indeed upon this consideration I was alwaies confident,
that though the questions of the Schoole were nice and subtle,
difficult and very often good for nothing; yet that in <hi>Moral The<g ref="char:EOLhyphen"/>ology</hi>
I should have found so perfect an accord, so easie determi<g ref="char:EOLhyphen"/>nation
of questions, that it would have been harder to find out
questions then answers; and the great difficulty in books of this
subject would be to put the great number of inquiries into order
and method. I was not deceived in the ground &amp; reason of my
conjecture; because I knew that <hi>in promptu &amp; facili est aeternitas,</hi>
God had made the way to heaven plain and simple, and what
was necessary did ly open, and the lines of duty were to be read
by every eye, or heard and learn'd by all understandings; and
therefore it is certain that all practical truths are to be found out
without much contention and dispute, because Justice and obe<g ref="char:EOLhyphen"/>dience
to God in all morall conversation is Natural to us, just as
Logick and discourse is. But when I came to look a little nearer,
I found that Men were willing enough to be tied up to believe
the Unactive propositions of the Doctors, but would keep a
liberty of pleasing themselves in matters of life and conversation:
in the former they would easily be govern'd by leading Men; but
in the latter they would not obey God himself, and without great
regret would not be confin'd to strictnesse and severity in their
Cases of Conscience. Some would; but many would not. They
that would, gave laws unto themselves, and they could easily be
Governed; but they that would not, were ready to trample upon
their yoke, if it were made gentle and easie for their neck. But
this was the least part of the evil.</p>
            <p>For besides this, Moral Theology was made a trade for the
house, and an art of the Schools: and as nothing is more easie
then Natural Logick, and yet nothing harder then Sophistical,
so it is in Moral Theology; what God had made plain, Men
have intricated; and <hi>the easie Commandement</hi> is wrapped up in <hi>uneasie
learning;</hi> and by the new methods, a Simple and Uncrafty Man
cannot be <hi>wise unto salvation;</hi> which is but small comfort to him
that stands in the place of the Idiot and Unlearned. Sometimes
<pb n="ix" facs="tcp:58903:8"/>
a severe Commandement is expounded by the sense of ease and
liberty, and the liberty is established in Rule; but because the
Rule is not true in some hundreds of cases, a conscientious Man
does not know how to make use of it: and if the Commande<g ref="char:EOLhyphen"/>ment
be kept close to the sense of strictnesse and severity, there
are so many outlets and escapes found out, that few men think
themselves obliged. * Thus in the Rule [<hi>Spoliatum ante omnia
restituendum</hi>] which is an excellent measure of Conscience in
many cases, and certainly can have no direct abatement in the
duty, and the party obliged can only be relieved by equity in the
manner of doing it; yet of this plain and easie Rule, <hi>Gabrielius</hi>
brings no lesse then threescore and ten limitations: and to make
all questions of that Nature and the Rule of Conscience infinite
and indeterminable, <hi>Menochius</hi> hath seven hundred ninety and
eight questions concerning <hi>Possession;</hi> and <hi>who is sufficient for these
things?</hi> * There is a Rule amongst the Lawyers which very much
relates to the Conscience of those men who are engaged in suits
and sentences of Law in all Countries which are rul'd by the
Civil law, <hi>In quolibet actu requiritur citatio.</hi> Of this Rule <hi>Porcius</hi>
brings an hundred and sixteen ampliations, and an hundred and
four and twenty limitations. <hi>Maranta</hi> enumerates forty cases in
which [A Negative ought to be proved:] and <hi>Socinus</hi> sets down
eight hundred and two fallencies (that's the word of the law)
concerning the contestation of suits and actions at law. Many
more might be reckoned even in the interpreters of the Ci<g ref="char:EOLhyphen"/>vil
law, and in the measures we derive from thence. But if
any man thinks it better in the Canon law, which is supposed
to be as great a rule of our Conscience <hi>in the matter of Religion</hi> as
the other is of <hi>Justice;</hi> I shall only say, that the very title of the
Canon law was <hi>Concordantia Discordantiarum,</hi> a tying of contradicti<g ref="char:EOLhyphen"/>ons
together in one string: and when you begin to look into the
interpreters of the <hi>Decretum,</hi>
               <note place="margin">Tract. de De<g ref="char:EOLhyphen"/>cretis.</note> which is the best part of the Canon
law, <hi>Simoncellus</hi> tells us that the word <hi>Decretum</hi> hath five and twen<g ref="char:EOLhyphen"/>ty
significations. So that there is a wood before your doores,
and a labyrinth within the wood, and locks and barrs to every
door within that labyrinth; and after all we are like to meet
with Unskilfull guides; and yet of all things in the world, in
these things an error is the most intolerable.</p>
            <p>But thus the Enemy of Mankind hath prevailed upon us while
we were earnest in disputations about things less concerning:
Then he was watchfull and busie to interweave evil and uncer<g ref="char:EOLhyphen"/>tain
principles into our Moral institutions, to intangle what was
<pb n="x" facs="tcp:58903:9"/>
plain, to divide what was simple, to make an art of what was
written in the tables of our hearts with the finger of God. When
a Gentleman was commending Dr. <hi>Fisher</hi> Bishop of <hi>Rochester</hi> his
great pains in the confutation of <hi>Luther</hi>'s books, the wise Prelate
said heartily, that he wish'd he had spent all that time in pray<g ref="char:EOLhyphen"/>er
and meditation which he threw away upon such useless
wranglings. For that was the wisdom of the Ancients.<note place="margin">Seneca ad Lu<g ref="char:EOLhyphen"/>cilium.</note> 
               <hi>Antiqua
Sapientia nihil aliud quam facienda &amp; vitanda praecepit: Et tunc melio<g ref="char:EOLhyphen"/>res
erant viri. Postquam docti prodierunt, boni desunt. Simplex enim illa
&amp; aperta virtus in obscuram &amp; solertem scientiam versa est; docemurque
disputare, non vivere.</hi> Our fore-Fathers taught their children what
to do and what to avoid; and then Men were better. But when
Men did strive to become learned, they did not care so much
to become good; they then were taught to dispute rather then
to live. To this purpose I understand that excellent saying of
Solomon,<note place="margin">Eccles. 12. 12.</note> 
               <hi>Of making many books there is no end, and much study is a
weariness of the flesh. Let us hear the conclusion of the whole matter. Fear
God and keep his Commandements; for this is the whole duty of man.</hi> Mea<g ref="char:EOLhyphen"/>ning,
that books which serve to any other purpose are a labori<g ref="char:EOLhyphen"/>ous
vanity, consumptive of our time and health to no purpose:
nothing else being to any purpose but such things as teach us
to fear God, and how to keep his Commandements. All books,
and all learning which ministers to this end, partakes of the
goodnesse of the end; but that which promotes it not, is not to
be regarded: and therefore the Chaldee Paraphrast reades these
words into an advise of making many books tending to holinesse.
<hi>Fili mi, monitus esto ut facias libros sapientiae plurimos, adeò ut non sit fi<g ref="char:EOLhyphen"/>nis;
&amp; ut studeas verbis Legis, conspiciasque defatigationem carnis.</hi> Make
books of wisdom very many, and study in the words of the Law
till thou mayest see the wearinesse of thy flesh. <hi>Beata aetas quae in
vita hominum regenda totam disputandi rationem posuit,</hi> Blessed are the
times in which men learn to dispute well that they may live the
better. And truly it were much to be wished that men would
doe so now; endeavouring to teach the waies of Godlinesse in
sincerity; to shew to men the right paths of Salvation; to describe
the right and plain measures of Simplicity, Christian Charity,
Chastity, Temperance and Justice; to unwind the intangle<g ref="char:EOLhyphen"/>ments
of Art, and to strip Moral Theology of all its Visors; to
detract all the falshoods and hypocrisies of crafty men; to con<g ref="char:EOLhyphen"/>fute
all the false principles of evil Teachers, who by uncertain
and deceitfull grounds teach men to walk confidently upon trap-doors
and pit-falls, and preach doctrines so dangerous and
<pb n="xi" facs="tcp:58903:9"/>
false, that if their Disciples should live according to the conse<g ref="char:EOLhyphen"/>quents
of such doctrines, without doubt they must perish ever<g ref="char:EOLhyphen"/>lastingly.</p>
            <p>It is a great work and too heavy for one mans shoulders; but
some body must begin; and yet no man ever would, if he can
be affrighted with the consideration of any difficulty in the
world. But I have laid aside all considerations of my self, and
with an intire dependence upon God for help, I have begun an
institution of Morall Theology, and established it upon such
principles and instruments of probation which every man allows,
and better then which we have none imparted to us. I affirm no<g ref="char:EOLhyphen"/>thing
but upon grounds of Scripture, or Universall Tradition, or
right Reason discernable by every disinterest person, where the
questions are of great concern, and can admit these probations:
Where they cannot, I take the next best; the laws of wise Com<g ref="char:EOLhyphen"/>monwealths
and the sayings of wise men, the results of fame
and the Proverbs of the Ancient, the Precedents of holy persons
and the great examples of Saints. <gap reason="foreign">
                  <desc>〈 in non-Latin alphabet 〉</desc>
               </gap>.<note place="margin">Arist. lib. <gap reason="illegible" resp="#TECH" extent="1 letter">
                     <desc>•</desc>
                  </gap> eth. c. 3.</note>
He that is well instructed will require in
every kind of argument and disputation no other proof or sub<g ref="char:EOLhyphen"/>tilty
then the subject matter will bear. For it were ridiculous
for a Mathematician to goe about to perswade with eloquence,
or an Orator to pretend to demonstrations. But Morall Theolo<g ref="char:EOLhyphen"/>gy
is a collective Body of all wisdome, whereof some things are
demonstrable and many are probable, and other things are bet<g ref="char:EOLhyphen"/>ter
then their contraries; and they are to be proved according<g ref="char:EOLhyphen"/>ly,
every thing in its proportion and capacity. And therefore here
I make use of all the <hi>Brocardics,</hi> or rules of interpreters; that is,
not only what is established regularly in law, but what is con<g ref="char:EOLhyphen"/>cluded
wise and reasonable by the best interpreters. <hi>Socinus, Du<g ref="char:EOLhyphen"/>ennas,
Azo, Gabrielius, Damasus,</hi> and divers other great Lawyers
attempted this way in the interpretation of the Civil and Canon
law. I intermeddle not in the question, whether they did well
or ill, but leave the contest as it lies between <hi>Duarenus</hi> and <hi>Bal<g ref="char:EOLhyphen"/>duinus</hi>
who blame them, and <hi>Wesenbech</hi> and <hi>Gribaldus</hi> who are
their confident Advocates. But in the discourses of Consci<g ref="char:EOLhyphen"/>ence,
whatsoever is right reason, though taken from any fa<g ref="char:EOLhyphen"/>culty
or science, is also of use and efficacy. Because what<g ref="char:EOLhyphen"/>ever
can guide the actions or discourses, or be the businesse or
the conduct of any man, does belong to Conscience and its
<pb n="xii" facs="tcp:58903:10"/>
measures; and what is true in any <hi>Science;</hi> is true in <hi>Conscience.</hi>
            </p>
            <p>I do not say that what is true or allowed in <hi>humane laws</hi> is also
true or allowed in the <hi>Divine;</hi> because though God does justly
and wisely, yet men doe not alwaies so; and what is true in
Sciences is not alwaies understood to be true in Civil laws. <hi>Qua<g ref="char:EOLhyphen"/>lis
causa, talis effectus,</hi> saith the Philosopher, The cause and the ef<g ref="char:EOLhyphen"/>fect
are of the same nature. But the Lawyer saies, this is not al<g ref="char:EOLhyphen"/>waies
true. For <hi>Manumission,</hi> which is a cause of liberty, is of the
Civil law and positive institution; but <hi>Liberty,</hi> which is the effect
of it, is of the law of Nature. Now although the Philosopher
understands his Rule of <hi>Natural causes and effects,</hi> or those causes
which are artificial, but operate by the way of Nature, and in<g ref="char:EOLhyphen"/>tends
it not at all to be perswasive in matters of positive and legal
institution; yet this truth and all other truths must prevail in
Conscience, because they are emanations from the fountain of
truth; from whence nothing can derive that is not alwaies true,
and in all senses true where they are intended to perswade or
teach. But then the truths of Philosophy must be used in the
measures of Conscience by the intentions of Philosophy, and
not be carried on to a disparate matter, and without cause be in<g ref="char:EOLhyphen"/>differently
applied, the same words to things of another nature.
* There is a Rule in Philosophy, <hi>Incorporalia sunt individua:</hi> from
hence <hi>Ho<gap reason="illegible" resp="#TECH" extent="2 letters">
                     <desc>••</desc>
                  </gap>oman</hi> argues, Therefore <hi>Dominion,</hi> Heritage, <hi>Ususfructus,</hi>
or the use of a thing by him that is not the Lord, are <hi>individual,</hi>
because they are incorporeal. Now this will deceive him that
trusts upon it: not because what is true in one place is not true
alwaies and every where; but because these words applied to
other matters, and the words signifying other intentions,
they abuse the unwary hearer, but instruct not. But because
the questions of Conscience doe relate to all matters, therefore to
these all Arts and Sciences do minister. <hi>Res fisci est ubicunque
natat,</hi> Whatsoever swims upon any water belongs to this Exche<g ref="char:EOLhyphen"/>quer;
that is,<note place="margin">De doct. Chri<g ref="char:EOLhyphen"/>sti. li. 2. c. 18.</note> saith S. <hi>Austin, Christianus Domini sui esse intelligit, ubi<g ref="char:EOLhyphen"/>cunque
invenerit veritatem,</hi> If it be truth, wheresoever it be found,
the Christian knows it is his Lords goods: and therefore I have
prov'd and adorn'd some truths with the wise sayings of Philo<g ref="char:EOLhyphen"/>sophers
and Poets,<note place="margin">Co<g ref="char:cmbAbbrStroke">̄</g>fess. l2. c. 15.</note> 
               <hi>ut Deo serviat quicquid puer utile didici,</hi> that, ac<g ref="char:EOLhyphen"/>cording
to the expression of the same Saint, whatsoever being a
child I learned which can profit, may be brought in to serve and
pay homage to God. But still they are to be understood accor<g ref="char:EOLhyphen"/>ding
to the sense and meaning of their proper Art where they
dwell. And though there is great need of skill in all those Sciences
<pb n="xiii" facs="tcp:58903:10"/>
from whence we derive notices in order to the conduct of Con<g ref="char:EOLhyphen"/>science;
and that it will be hard for any man to pretend to be
Master of all those things which must be us'd in these discour<g ref="char:EOLhyphen"/>ses;
yet I who will not pretend to that, have yet taken as good a
course as I could to inform my self, though not in the whole
System of every art in the whole circle which I have here occasi<g ref="char:EOLhyphen"/>onally
us'd, yet I have been carefull to understand those few
things which I have thence drawn in as auxiliaries: and lest I
should yet fail, I have taken another course by way of caution
and defence, that I may be right and sure in the reflexe, if I had
cause to doubt of any thing in the direct notice.</p>
            <p>For I have propounded to my self general measures to be as
boundaries to the determination of doubts and the answer of
questions; which so long as I do observe, my error will be very
innocent, if any happens. For 1. In hard and intricate questi<g ref="char:EOLhyphen"/>ons
I take that which is easie and intelligible, and concerning
which it will be easie to judge whether it be right or wrong.
2. In odious things, and matters of burden and envy, I take that
part which is least, unlesse there be evident reason to the con<g ref="char:EOLhyphen"/>trary.
3. In favours I alwaies chuse the largest sense, when
any one is bettered by that sense, and no man is the worse. 4. In
things and questions relating to men I give those answers that take
away scruples, and bring peace and a quiet mind. 5. In things
relating to God I alwaies chuse to speak that thing which to him
is most honourable. 6. In matters of duty I alwaies chuse
that which is most holy. 7. In doubts I chuse what is safest.
8. In probabilities I prefer that which is the more reasonable,
never allowing to any one a leave of chusing that which is con<g ref="char:EOLhyphen"/>fessedly
the lesse reasonable in the whole conjunction of circum<g ref="char:EOLhyphen"/>stances
and relative considerations.</p>
            <p>Upon the account of these principles I hope to serve God and
the good of Souls. For these being the points of my compasse,
which way soever I sail, I shall not suffer shipwrack: and if at
anytime I goe about, which I have avoided as much as my infir<g ref="char:EOLhyphen"/>mities
will permit, yet at last, and in the whole, I arrive where
I ought to be. For indeed in this whole affair I have proceeded
with great fear; as knowing that he who writes Cases of Con<g ref="char:EOLhyphen"/>science,
does in a manner give lawes to all that do believe
him: and no man perswades more vehemently then he that
tells you, <hi>This, God forbids; This, God commands;</hi> and therefore I
knew that to be mistaken here was very evil, and might do much
evil; but to be carelesse, or prejudicate, or partiall, or flattering, or
<pb n="xiv" facs="tcp:58903:11"/>
oppressive with severity, or unsafe with gentleness, was crimi<g ref="char:EOLhyphen"/>nal
in the cause as well as mischievous in the event: and the great<g ref="char:EOLhyphen"/>est
security which I have that I have not spoken unsafely in any
mans case, is because I have prayed much, and laboured much
that I might not at all minister to error or schisme, to folly or va<g ref="char:EOLhyphen"/>nity,
but to the glory of God, and to the good of Souls: and I
have so determined every Case that I have here presented, as I my
self would practise, as I would account at the day of judgment,
through the mercies of God in Jesus Christ, and the integrity
and simplicity of my Conscience: and therefore I desire that my
Reader will use the same caution and ingenuity before he con<g ref="char:EOLhyphen"/>demns
any conclusion, and consider, that as in these things it was
impossible to please every man <gap reason="foreign">
                  <desc>〈 in non-Latin alphabet 〉</desc>
               </gap>
so I design'd to please no man but as he is a lover of truth,
and a lover of his own soul.</p>
            <p>The style that I here use is according as it happens, some<g ref="char:EOLhyphen"/>times
plain, sometimes closer: the things which I bring are
sometimes new, and sometimes old; they are difficult and they
are easie; sometimes adorn'd with cases, and the cases specifica<g ref="char:EOLhyphen"/>ted
in stories, and sometimes in stead of a story I recite an
apologue, and disguise a true narrative with other names, that
I may not discover the person whose case I discourse of: and
in all things I mind the matter; and suppose truth alone and
reason and the piety of the decision to be the best ornament; and
indeed sometimes the thing it self will not be handled otherwise.
<q>Ornari res ipsa negat, contenta doceri.</q>
            </p>
            <p>I was here to speak to the Understanding, not to winne the af<g ref="char:EOLhyphen"/>fections;
to convince, not to exhort: and where I had no certain<g ref="char:EOLhyphen"/>ty
in a case, or that the parts of a question were too violently con<g ref="char:EOLhyphen"/>tended
for, without sufficient evidence on either side, I have not
been very forward to give my final sentence; but my opinion
and my reason;
<q>Per verbum FORTE respondent saepe periti.<note place="margin">G. of. in c. quo<g ref="char:EOLhyphen"/>
                     <gap reason="illegible" resp="#TECH" extent="1 letter">
                        <desc>•</desc>
                     </gap>um appell. non <gap reason="illegible" resp="#TECH" extent="2 letters">
                        <desc>••</desc>
                     </gap>cipiuntu<gap reason="illegible" resp="#TECH" extent="1 letter">
                        <desc>•</desc>
                     </gap>.</note>
               </q>
And yet I hope that in some cases it will be found, that though
I am not fierce, positive and decretory, yet the case it self is
sufficiently declared, so that he who hath occasion to use it,
may upon those accounts determine himself. For the Mo<g ref="char:EOLhyphen"/>desty
of him that teaches is not alwaies an argument that he is
uncertain in his proposition.<note place="margin">b. 3. 15. Ad Olynth. 1.</note> 
               <gap reason="foreign">
                  <desc>〈 in non-Latin alphabet 〉</desc>
               </gap>,
<pb n="xv" facs="tcp:58903:11"/>
saith
<hi>Ulpian.</hi> When the Antients said, <hi>I suppose, I think, It seems,</hi> they
did not alwaies mean that they were uncertain; but they some<g ref="char:EOLhyphen"/>times
intended it for a modest, but a direct affirmative: and
so I doe in some few Cases where there is great reason on one
side, and a great prejudice on the other: I give my reasons,
and lay down the Case and all its allays, and leave it to prevail
without my sentence by its own strength. And for this I hope
no man will be offended at me: if he be, it is because I was not
willing to offend him; but I was desirous to instruct, to comfort,
to determin and to establish him that needs.</p>
            <p>I have studiously avoided all questions that are curious and
unprofitable; such, I mean, which are only trials of witt, but
neither ministers of Justice nor Religion. Such was that which
was brought before the Lawyers and all the learned men of
<hi>Athens,</hi> with great noises to little purpose. A Gentleman of
<hi>Aegina</hi> dying left three daughters. The one was beauteous and
wanton; the second a lover of wine and gay pleasures; and the
third a good spinster, and a great follower of Country houswifry.
He made the Mother of these daughters to be his Heir upon this
condition, that she should divide all his estate between his daugh<g ref="char:EOLhyphen"/>ters
equally; but in such a manner, that what they received they
should neither possesse nor enjoy, and as soon as ever they had
quitted their portions they should pay each of them to their Mo<g ref="char:EOLhyphen"/>ther
ten thousand Philippics. The Mother runs to <hi>Athens,</hi> con<g ref="char:EOLhyphen"/>sults
the Lawyers and Philosophers how this <hi>Will</hi> should be fulfil<g ref="char:EOLhyphen"/>led;
but they know not, as supposing one part to crosse another,
and altogether to be impossible; for if the whole estate be di<g ref="char:EOLhyphen"/>vided
amongst them, how is it that they shall not enjoy it? and
if they do not, how shall they pay their Mother her assignment?
The Mother therefore finding no help there, contrives it thus her
self. To the pretty wanton she gives rich clothes, smooth Eunuchs,
soft beds, sweet perfumes, silver lavatories, and all things which
she suppos'd might please her lust, and consume her portion. To
the drinking girle she provides vessels of rich wines, a house well
furnished, and all things fitted for expensive entertainments.
But to the Country houswife, a good farm, plowmen and a great
stock, many horses and some cows, some Men-servants and a
great many Maidens, a kennel of hounds and a few swine; sup<g ref="char:EOLhyphen"/>posing
this was no very probable way for her to thrive, but the
likeliest way to do her Husbands will; because the lust of the
first, and the thirst and debauchery of the second, and the ill-contrived
<pb n="xvi" facs="tcp:58903:12"/>
stock of the third would consume all their porti<g ref="char:EOLhyphen"/>ons.
But all this while she considered not how when they grew
poor, she should receive her share. But at last, a wiser Man then
was in the Schools of <hi>Athens</hi> advis'd her thus; Give to the Drun<g ref="char:EOLhyphen"/>ken
maiden the rich garments, the jewels and the Eunuchs;
and because she loves them not, she will sell them all for old
wines of <hi>Chios:</hi> To the Wanton give fields and cattel, oxen
and ploughs, hinds and swine; and she will quickly sell them
that she may entertain her Lovers: But if you give vessels of
wine to the Country girl, she knows not what to doe with them,
and therefore will sell them to the Merchant for ready money.
Thus shall neither of them enjoy their portion; but by selling
it, they shall be enabled to pay the money to their Mother. This
was a Riddle, rather then a Case of Law of Conscience; and so
are many others, which I therefore resolved to lay aside, and
trouble no mans Conscience or head with them; as supposing
that the answer of the dul <hi>Diodorus</hi> mention'd in the Greek Epigram
is sufficient for such curiosities,
<q>
                  <gap reason="foreign">
                     <desc>〈 in non-Latin alphabet 〉</desc>
                  </gap>, &amp;c.</q>
It is so, or it is not so; it must be done this way, or some other;
the thing in question is yours, or some bodies else: but make
the Judge your friend, and I will warrant your cause, provided
it be just; but look you to that. A slight answer to an intricate
and useless question is a fit cover for such a dish; a cabbage leaf is
good enough to cover a pot of mushromes: but I have taken
a shorter way, and laid them all aside; remembring the saying of
Frier <hi>John Annias</hi> to <hi>Nicolaus de Lyra; Testimonium Dei lucidum est,
nec egent literae Divinae plicis,</hi> The things of God are plain and
easie: and therefore I have rejected every thing that is not use<g ref="char:EOLhyphen"/>full
and intelligible; chusing only to make such inquiries by
which we may become better, and promoted in something of
our duty;
<q>
                  <l>Quid sumus, &amp; quidnam victuri gignimur, ordo</l>
                  <l>Quis datus, aut metae quam mollis flexus, &amp; unde,</l>
                  <l>Quis modus argento, quid fas optare, quid asper</l>
                  <l>Utile nummus habet, patriae, charísque propinquis</l>
                  <l>Quantum elargiri deceat, quem te Deus esse</l>
                  <l>Jussit, &amp; humanâ quâ parte locatus es in re:</l>
               </q>
viz. That we may be taught how to know what God requires of
us, instructed to salvation, and fitted to every good work.</p>
            <p>
               <pb n="xvii" facs="tcp:58903:12"/>
But now I shall desire that he who reads my Book will not
expect this Book to be a collective body of particular Cases of
Conscience; for I find that they are infinite, and my life is not
so; and I shall never live to write them all, or to understand them
all: and if I should write some and not all, I should profit I
know not whom, and doe good but to a very few, and that
by chance too; and it may be that their cases being changed
by circumstances would not be fitted by my indefinite answers.
I therefore resolved upon another way; which although No
Man before me hath trod in writing Cases of Conscience,
yet I cannot say it is new; for I took my pattern from <hi>Triboni<g ref="char:EOLhyphen"/>anus</hi>
the Lawyer, who out of the lawes of the old Romans col<g ref="char:EOLhyphen"/>lected
some choice Rules which give answer to very many
Cases that happen. And after I had considered and tried ma<g ref="char:EOLhyphen"/>ny
others, I found this most reasonable, most usefull and most
comprehensive of all matters relating to my present Underta<g ref="char:EOLhyphen"/>king.
For I intend here to offer to the world <hi>a General instru<g ref="char:EOLhyphen"/>ment</hi>
of <hi>Morall Theology,</hi> by the rules and measures of which,
the guides of Souls may determine the particulars that shall
be brought before them; and those who love to inquire, may
also find their duty so described, that unlesse their duties be
complicated with Laws, and civil Customes, and secular in<g ref="char:EOLhyphen"/>terests,
men that are wise may guide themselves in all their
proportions of Conscience: but if their case be indeed invol<g ref="char:EOLhyphen"/>ved,
they need the conduct of a Spiritual Guide to untie the
intrigue, and state the question, and applie the respective Rules
to the several parts of it; for though I have set them down
all in their proper places relating to their severall matters, yet
when a question requires the reason of many Rules, it is not
every hand that can applie them: Men will for ever need a
living guide; and a wise Guide of Souls will by some of these
Rules be enabled to answer most Cases that shall occur.</p>
            <p>For although I have not given answers to every doubt; yet
have I told what we are to doe when any doubt arises; I
have conducted the doubting Conscience by such Rules which
in all doubts will declare her duty: and therefore if the mat<g ref="char:EOLhyphen"/>ter
of the doubt be in the reception of the Sacrament of the
Eucharist, or in wearing cloths, or in eating, the Rule is
the same and applicable to every matter. I have not dispu<g ref="char:EOLhyphen"/>ted
whether Sumptuary lawes be actually obligatory to us in
<hi>England</hi> or <hi>Ireland;</hi> but I have told by what measures we shall
know concerning all laws, whether they be obligatory or no,
<pb n="xviii" facs="tcp:58903:13"/>
in any place, and to every person. I have not expounded all the
laws of God, but I have told by what rules they are to be expoun<g ref="char:EOLhyphen"/>ded
and understood. But because these Rules have influence
upon all particulars, I have by way of instance and illustration
determined very many special Cases: and I was a little curious
to chuse such which are the matter of our usual inquiries; and
have been very studious to draw in to particular Scrutiny most of
the principal and noblest questions of Christendom which could
relate to the matter of my <hi>Rule;</hi> provided that they were practi<g ref="char:EOLhyphen"/>call
and did minister to good manners; having that of <hi>Lactan<g ref="char:EOLhyphen"/>tius</hi>
in my mind, <hi>Non tam de rebus humanis bene meretur qui scien<g ref="char:EOLhyphen"/>tiam
bene dicendi affert, quam qui piè &amp; innocenter docet vivere.</hi> He best
deserves of mankind who teaches men to live well rather then
to talk well: and therefore the wiser Greeks preferred Philoso<g ref="char:EOLhyphen"/>phers
before Orators. <hi>Illi enim rectè vivendi Doctores sunt existimandi,
quod est longe praestabilius.</hi> It is better to be a Doctor of good life,
then of eloquent or learned speaking: for there are but few who
are capable of eloquence, but to live well is the duty of all: and
I have alwaies been pleased with the saying of <hi>Jupiter</hi> to <hi>Pallas</hi>
in the apologue, when he kissed her cheek for chusing the fruit<g ref="char:EOLhyphen"/>full
Olive.
<q>
                  <l>—Nam quod facimus, id nisi utile est,</l>
                  <l>Stulta omnis atque inanis inde est gloria;</l>
               </q>
unlesse it does good &amp; makes us better, it is not worth the using:
and therefore it hath been no small part of my labour not only
to doe what was necessary, but to lay aside what was uselesse
and unfit, at least what I thought so.</p>
            <p>In this manner by the Divine assistance I have described a Rule
of Conscience: in the performance of which I shall make no
excuses for my own infirmities, or to guard my self from the
censure of the <hi>Curious</hi> or the <hi>Scorners.</hi> I have with all humility and
simplicity desired to serve God, and to minister to his Church,
and I hope he will accept me: and for the rest, I have laid it all
at his most holy feet, and therefore will take no further care con<g ref="char:EOLhyphen"/>cerning
my self in it. Only I am desirous that now I have at<g ref="char:EOLhyphen"/>tempted
to describe a General Rule, they who find it defective
would be pleased to make this more perfect by adding their own
Symbol; which is much easier then to erect that building which
needs but some addition to make it usefull to all its purposes and
intentions. But if any man, like a bird sitting upon a tree, shall
foul the fruit and dishonour it, that it may be unfit for food, I
<pb n="xix" facs="tcp:58903:13"/>
shall be sorrowfull for him that does so, and troubled, that the
good which I intended to every one, should be lost to any one.
But I shall have the Prophet's comfort if I have done my duty in
righteousnesse and humility:<note place="margin">Isa. 49. 4, 5.</note> 
               <hi>though I labour in vain and spend my
strength for nought, yet surely my judgment is with the Lord, and my work
is with my God.</hi>
            </p>
            <p>I know not whether I shall live to adde <hi>Matter</hi> to this <hi>Form,</hi>
that is, to write a particular explication of all the precepts of
Christian Religion; which will be a full design of <hi>all special cases</hi>
and questions of Conscience measurable by this <hi>General Rule.</hi> If
I doe not, I hope God will excite some other to doe it; but who<g ref="char:EOLhyphen"/>ever
does it, he will doe it with so much the more profit, by how
much he does dispute the lesse: and I remember that <hi>Socrates</hi> and
<hi>Sozomen</hi> tell that <hi>Aelius</hi> the Heretick was counted an Atheist
<hi>propter eristicum loquendi &amp; disputandi modum,</hi> because he taught no
part of religion but he minc'd it into questions and chop'd it into
<hi>Aristotle's Logick.</hi> The simple and rational way of teaching God's
Commandements as it is most easie, so it is most usefull; and all
the cases that will occur will the most easily be answered by him
that considers and tell in what Cases they bind, and in what
they bind not: which is the duty of him that explicates, and
may be delivered by way of plain rule and easie commentary.</p>
            <p>But this I shall advertise; That the Preachers may retrench
infinite numbers of Cases of Conscience if they will more ear<g ref="char:EOLhyphen"/>nestly
preach and exhort to simplicity and love; for the want of
these is the great multiplier of Cases. Men do not serve God
with honesty and heartinesse, and they do not love him great<g ref="char:EOLhyphen"/>ly;
but stand upon tearms with him, and study how much is
lawfull, how far they may goe, and which is their utmost step
of lawfull, being afraid to doe more for God and for their Souls
then is simply and indispensably necessary; and oftentimes
they tie religion and their own lusts together, and the one intan<g ref="char:EOLhyphen"/>gles
the other, and both are made lesse discernible, and lesse pra<g ref="char:EOLhyphen"/>cticable.
* But the good Man understands the things of God;
not only because God's Spirit by secret immissions of light does
properly instruct him; but because he hath a way of determi<g ref="char:EOLhyphen"/>ning
his Cases of Conscience which will never fail him. For if
the question be put to him whether it be <hi>fit</hi> for him to give a
shilling to the poor; he answers that it is not only fit, but necessa<g ref="char:EOLhyphen"/>ry
to doe so much at least, and to make it sure, he will give
two: and in matter of duty he takes to himself the greater share;
in privileges and divisions of right, he is content with the least:
<pb n="xx" facs="tcp:58903:14"/>
and in questions of priority and dignity he alwaies prevails by
cession, and ever is Superior by sitting lowest, and gets his
will, first by chusing what God wills, and then what his neigh<g ref="char:EOLhyphen"/>bour
imposes or desires. But when Men have no love to God,
and desire but just to save their Souls, and weigh grains and
scruples, and give to God no more then they must needs,
they shall multiply Cases of Consciences to a number which
no books will contain, and to a difficulty that no learning can
answer.</p>
            <p>The multiplication also of Laws and Ceremonies of Religion
does exceedingly multiply questions of practice; and there were
among the Jews by reason of their numerous rites many more
then were at first among the Christians. For we find the Apostles
only exhorting to humility, to piety towards parents, to obedi<g ref="char:EOLhyphen"/>ence
to Magistrates, to charity and justice; and the Christians
who meant well understood well, and needed no books of Con<g ref="char:EOLhyphen"/>science
but the Rule, and the Commandement. But when
Error crept in, Truth became difficult and hard to be understood:
and when the Rituals of the Church and her laws became nume<g ref="char:EOLhyphen"/>rous,
then Religion was hard to be practised: and when Men set
up new interests, then the laws of Conscience were so many, that
as the laws of the old Romans;
<q>
                  <l>—verba minantia fixo</l>
                  <l>Aere legebantur—</l>
               </q>
which at first were nailed
in a brasse-plate upon a wall, became at last so numerous and
filled so many volumes, that their very <hi>Compendium</hi> made a large
Digest; so are these, too many to be considered, or perfectly to
be understood; and therefore either they must be cut off by
simplicity and an honest heart, and contempt of the world, and
our duty must look for no measures but love and the lines of
the easie Commandement, or else we can have no peace and no
security. But with these there is not only collateral security, but
very often a direct wisdom. Because he that endeavours to keep
a good Conscience and hath an honest mind, besides that he
will enquire after his duty sufficiently, he will be able to tell
very much of it himself: for God will assist him, and cause
that <hi>his own mind shall tell him more then seven Watchmen that fit
in a tower;</hi> and if he misse, he is next to an excuse, and God is
ready to pardon him: and therefore in what sect of <hi>Christianity</hi>
soever any man is ingaged, <hi>if he have an honest heart, and a good
Conscience,</hi> though he be in darknesse, he will find his way out, or
grope his way within; he shall be guided, or he shall be pardon'd;
<pb n="xxi" facs="tcp:58903:14"/>
God will pity him, and find some way for his remedy; and if it
be necessary, will bring him out.</p>
            <p>But however it comes to passe, yet now that the inquiries of
Conscience are so extreamly numerous, Men may be pleased to
observe that Theology is not every mans trade; and that it re<g ref="char:EOLhyphen"/>quires
more wisdom and ability to take care of Souls, then those
Men who now-adays run under the formidable burden of the
Preachers office can bring from the places of their education and
first imploiment. Which thing I doe not observe that by it I
might bring reputation to the office of the Clergy; for God is
their portion and lot, and as he hath given them work enough, so
he hath given them honour enough, though the world despise
them: but I speak it for their sakes who doe what they ought
not, and undertake what they cannot perform; and consequent<g ref="char:EOLhyphen"/>ly
doe more hurt to themselves and others then possibly they
imagine; which it were better they should amend, then be put
to answer for it before Him who loves Souls better then he loved
his life, and therefore would not intrust them to the conduct of
such persons, who have need to be taught the plain things of sal<g ref="char:EOLhyphen"/>vation,
and learn to doe justice and charity, and the proper things
of a holy religion.</p>
            <p>Concerning my self I shall make no request to my Reader, but
that he will charitably believe I mean well, and have done my
best. If any Man be troubled that he hath expected this <hi>Nothing</hi>
so long; I cannot make him other answer, but that I am afraid
it is now too soon; and I blesse God that I had abilities of health
and leisure now at last to finish it: but I should have been much
longer, if God had not by the <hi>piety</hi> of one of his <hi>Servants</hi> provided for
me a comfortable retirement and opportunity of leisure: which if
I have improved to God's glory, or to the comfort and institution
of any one, <hi>He</hi> and <hi>I</hi> both have our ends, and God will have
his Glory; and that's a good Conclusion, and to that I humbly
dedicate my Book.</p>
            <closer>
               <dateline>From my Study in <hi>Portmore</hi> in <hi>Kilultagh,</hi>
                  <date>October 5. 1659.</date>
               </dateline>
            </closer>
         </div>
         <div type="table_of_contents">
            <div n="1" type="book">
               <pb facs="tcp:58903:15"/>
               <pb n="xxiii" facs="tcp:58903:15"/>
               <head>A TABLE
Of the TITLES of the Chapters, and the Rules of the
FIRST BOOK.</head>
               <head>Of COnscience, the kinds of it, and the generall
Rules of conducting them.</head>
               <list>
                  <head>CHAP. I. The Rule of Conscience in general.</head>
                  <item>RULE. 1. Conscience is the mind of a man, gover<g ref="char:EOLhyphen"/>ned
by a Rule, and measured by the
proportions of good and evil in order to
practice. <hi>Pag.</hi> 1.</item>
                  <item>2. The Duty and Offices of Conscience are
to dictate and to testifie or bear witness, to
accuse or excuse, to loose or bind. 11</item>
                  <item>3. Be carefull that Prejudice or Passion,
Fancy and Affection, Error or Illusion, be
not mistaken for Conscience. 26</item>
                  <item>4. The Conscience of a Vitious man is an
Evil Judge and an imperfect rule. 30</item>
                  <item>5. All Consciences are to walk by the same
rule, and that which is just to one is so to
all in the like Circumstances. 32</item>
                  <item>6. In Conscience that which is first is truest,
easiest and most usefull. 34</item>
                  <item>7. Conscience by its several habitudes and
relations and tendencies toward its proper
object is divided into several kinds. 35</item>
               </list>
               <list>
                  <head>CHAP. II. Of the Right or Sure Conscience.</head>
                  <item>1. <hi>A</hi> Right Conscience is that which guides
our actions by right and proportion'd
means to a right end. 38</item>
                  <item>2. In a right Conscience the practical judg<g ref="char:EOLhyphen"/>ment,
that is the last determination to an
action, ought to be sure and evident. 38</item>
                  <item>3. The practical judgment of a right Con<g ref="char:EOLhyphen"/>science
is alwaies agreeable to the speculative
determination of the understanding. 40</item>
                  <item>4. A Judgment of Nature or Inclination is
not sufficient to make a sure Conscience. 62</item>
                  <item>5. When two motives concur to the determi<g ref="char:EOLhyphen"/>nation
of an action, whereof one is vertuous
and the other secular, a Right Conscience
is not prejudic'd by the mixture. 64</item>
                  <item>6. An argument not sufficient nor compe<g ref="char:EOLhyphen"/>tent,
though it do perswade us to a thing in it
<pb n="xxiv" facs="tcp:58903:16"/>
self good, is not the ground of a right, nor a
sufficient warrant for a sure Conscience. 73</item>
                  <item>7. A Conscience determined by the counsil
of wise men, even against its own inclinati<g ref="char:EOLhyphen"/>ons,
may be sure and right. 80</item>
                  <item>8. He that sins against a right and a sure
Conscience, what ever the instance be, com<g ref="char:EOLhyphen"/>mits
a great sin, but not a double one. 81</item>
                  <item>9. The goodnesse of an object is not made by
Conscience, but is accepted, declared and pub<g ref="char:EOLhyphen"/>lished
by it, and made personally obligatory. 95</item>
               </list>
               <list>
                  <head>CHAP. III. Of the Confident or erroneous
Conscience.</head>
                  <item>1. AN erroneous Conscience commands us to
doe what we ought to omit, or to omit
what we ought to doe, or to doe it otherwise
then we should. 99</item>
                  <item>2. An erroneous Conscience binds us to <hi>Obedi<g ref="char:EOLhyphen"/>ence,</hi>
but not so as a right Conscience does. 102</item>
                  <item>3. A Conscience erring vincibly or culpably
is an unavoidable cause of sin, whether it be
resisted or complied with. 109</item>
                  <item>4. It is a greater sin to doe a good action a<g ref="char:EOLhyphen"/>gainst
our Conscience, then to doe an evil
action in obedience to it. 111</item>
                  <item>5. It is not lawfull to delight in an evil acti<g ref="char:EOLhyphen"/>on
(after the discovery of our error) which
we did innocently in our erroneous Consci<g ref="char:EOLhyphen"/>ence.
112</item>
                  <item>6. An innocent or invincibly erring Consci<g ref="char:EOLhyphen"/>ence
is to be obeyed even against the known
Commandements of a Superiour. 113</item>
                  <item>7. The Error of an abused Conscience ought
to be reformed sometimes by the command of
the Will, but ordinarily by a contrary reason. 116</item>
                  <item>8. The Error of a Conscience is not alwaies
to be opened to the erring person by the Guides
of Souls, or any other charitable adviser. 117</item>
               </list>
               <list>
                  <head>CHAP. IV. Of the Probable or thinking Con<g ref="char:EOLhyphen"/>science.</head>
                  <item>1. <hi>A</hi> Probable Conscience is an imperfect as<g ref="char:EOLhyphen"/>sent
to an uncertain proposition, in
which one part is indeed clearly and fully
chosen, but with an explicit or implicit notice
that the contrary is also fairly eligible. 119</item>
                  <item>2. A Conscience that is at first and in its
own nature probable may be made certain by
accumulation of many probabilities operating
the same perswasion. 124</item>
                  <item>3. Of two Opinions equally probable upon the
account of their proper reasons, one may be
safer then another. 144</item>
                  <item>4. An Opinion that is speculatively probable
is not alwaies practically the same. 144</item>
                  <item>5. The greater probability destroys the less. 146</item>
                  <item>6. When two Opinions seem equally probable
the last determination is to be made by ac<g ref="char:EOLhyphen"/>cidents,
circumstances and collateral induce<g ref="char:EOLhyphen"/>ments.
150</item>
                  <item>7. It is not lawfull to change our practicall
sentence about the same object, while the
<pb n="xxv" facs="tcp:58903:16"/>
same probability remains. 154</item>
                  <item>8. An Opinion relying upon very slender pro<g ref="char:EOLhyphen"/>bability
is not to be followed, except in the
cases of great necessity or great charity. 154</item>
                  <item>9. Multitude of Authors is not ever the most
probable inducement, nor doth it in all cases
make a safe and sure Conscience. 156</item>
                  <item>10. In following the Authority of men, no
rule can be antecedently given for the choice
of the persons, but the choice is wholly to be
conducted by prudence and according to the
subject matter. 162</item>
                  <item>11. He that hath given assent to one part of a
probable opinion, may lawfully depose that
Conscience and that opinion upon confidence
of the sentence of another. 168</item>
                  <item>12. He that enquires of several Doctors, untill
he find one answering according to his mind,
cannot by that enquiry make his Conscience
safe; but according to the subject matter,
and other circumstances he may. 171</item>
                  <item>13. He that is asked concerning a case that is
on either side probable, may answer against
his own opinion if the contrary be probable,
or more safe, or more expedient, or more fa<g ref="char:EOLhyphen"/>vourable.
172</item>
                  <item>14. When the Guide of Souls is of a different
opinion from his charge or penitent, he is not
bound to exact conformity to his own opinion
that is but probable, but may proceed accor<g ref="char:EOLhyphen"/>ding
to the Conscience of the Penitent. 173</item>
                  <item>15. The sentence and arbitrement of a pru<g ref="char:EOLhyphen"/>dent
and good man, though it be of it self but
probable, yet is more then a probable warran<g ref="char:EOLhyphen"/>ty
to actions otherwise undeterminable. <hi>ibid.</hi>
                  </item>
               </list>
               <list>
                  <head>CHAP. V. Of a Doubtfull Conscience.</head>
                  <item>1. <hi>A</hi> Doubtfull Conscience assents to neither
side of the question, and brings no di<g ref="char:EOLhyphen"/>rect
obligation. 174</item>
                  <item>2. A negative doubt neither binds to action
nor inquiry nor repentance, but it binds only
to caution and observance. 175</item>
                  <item>3. A privative doubt cannot of it self hinder
a man from acting what he is moved to by an
extrinsick argument or inducement that is in
it self prudent or innocent. 177</item>
                  <item>4. In doubts of right or Law we are al<g ref="char:EOLhyphen"/>waies
bound to enquire: but in doubts of
fact not alwaies. 178</item>
                  <item>5. In doubts the safer part is to be chosen. 180</item>
                  <item>6. It is lawfull for the Conscience to proceed
to action against a doubt that is merely spe<g ref="char:EOLhyphen"/>culative.
184</item>
                  <item>7. Every dictate and judgment of the Consci<g ref="char:EOLhyphen"/>ence,
though it be little and less material, is
sufficient, and may be made use of for the de<g ref="char:EOLhyphen"/>position
of a doubt. 187</item>
                  <item>8. When two precepts contrary to each other
meet together about the same question, that
is to be preferred which binds most. 188</item>
               </list>
               <list>
                  <head>CHAP. VI. Of the Scrupulous Conscience.</head>
                  <item>1. <hi>A</hi> Scruple is a great trouble of mind pro<g ref="char:EOLhyphen"/>ceeding
from a little motive and a
<pb facs="tcp:58903:17"/>
                     <pb n="xxiii" facs="tcp:58903:17"/>
                     <gap reason="duplicate" extent="1 page">
                        <desc>〈1 page duplicate〉</desc>
                     </gap>
                     <pb n="xxiv" facs="tcp:58903:18"/>
                     <gap reason="duplicate" extent="1 page">
                        <desc>〈1 page duplicate〉</desc>
                     </gap>
                     <pb n="xxv" facs="tcp:58903:18"/>
                     <gap reason="duplicate" extent="1 page">
                        <desc>〈1 page duplicate〉</desc>
                     </gap>
                     <pb n="xxvi" facs="tcp:58903:19"/>
great indisposition, by which the Conscience,
though sufficiently determined by proper ar<g ref="char:EOLhyphen"/>guments,
dares not proceed to action, or if it
does, it cannot rest. 208</item>
                  <item>2. A Conscience sufficiently instructed by its
proper <gap reason="illegible" resp="#TECH" extent="2 letters">
                        <desc>••</desc>
                     </gap>guments of perswasion may with<g ref="char:EOLhyphen"/>out
sin proceed to action against the Scruple,
and its weaker arguments or stronger trem<g ref="char:EOLhyphen"/>blings.
213</item>
                  <item>3. He that is troubled with scruples ought
to relie upon the judgment of a prudent
Guide. <hi>ibid.</hi>
                  </item>
                  <item>4. When a Doubt is resolved in the entrance
of an action, we must judge of our action after<g ref="char:EOLhyphen"/>wards
by the same measures as before; for
he that changes his measures, turns his doubt
into a Scruple. <hi>ibid.</hi>
                  </item>
                  <item>5. A Scrupulous Conscience is to be cured
by remedies proper to the disease and to the
man. 215</item>
               </list>
            </div>
            <div n="2" type="book">
               <head>SECOND BOOK. Of Divine Laws, and all Collaterall Obligations.</head>
               <list>
                  <head>CHAP. I.Of the Law of Nature in Gene<g ref="char:EOLhyphen"/>rall.</head>
                  <item>1. THE Law of Nature is the Universall
Law of the world, or the Law of Man<g ref="char:EOLhyphen"/>kind,
concerning common necessities, to
which we are inclined by Nature, invited by
consent, prompted by reason; but is bound
upon us only by the commands of God. 220</item>
                  <item>2. The Law of Nature is the foundation of
all Laws, and the measure of their obligation. 243</item>
                  <item>3. The first or greatest band of the Law of
Nature is fear of punishment. 244</item>
                  <item>4. The second band of Vertue is Love, and
its proper and consequent deliciousness. 247</item>
                  <item>5. The Imperfection of some provisions in
civil Laws are supplied by the natural obli<g ref="char:EOLhyphen"/>gation
remaining upon persons civily inca<g ref="char:EOLhyphen"/>pable.
251</item>
                  <item>6. Sins against the Law of Nature are grea<g ref="char:EOLhyphen"/>ter
or less, not by that proportion, but by the
greatness of the matter, and the evil conse<g ref="char:EOLhyphen"/>quent
or the malice of the Sinner. 258</item>
                  <item>7. Actions which are forbidden by the Law
of Nature either for defect of power, or
for the incapacity of the matter, are not only
unlawfull but also void. 260</item>
                  <item>8. When an act is forbidden by the Law of
Nature for the turpitude and undecency that
it hath in the matter of the Action, the Act
is also void when the turpitude remains or
hath a perpetual cause. 262</item>
                  <item>9. The Law of Nature can be dispensed with
by the Divine power. 263</item>
                  <item>10. The Law of Nature cannot be dispensed
with by any Humane power. 269</item>
                  <item>11. That the Obligation to a naturall Law does
cease in any particular, is not to the presumed
in every one, but is to be declared by the pub<g ref="char:EOLhyphen"/>lick
voice. 274</item>
                  <pb n="xxvii" facs="tcp:58903:19"/>
                  <item>12. The Exactness of naturall Laws is capa<g ref="char:EOLhyphen"/>ble
of interpretation, and may be allayed by
Equity and Piety and Necessity. 275</item>
               </list>
               <list>
                  <head>CHAP. II. Of the Law of Nature as it is
drawn up in the Christian Law.</head>
                  <item>1. WHen the Law of Jesus Christ was
established, the Old Testament or
the Law of Moses did no longer oblige the
Conscience. 275</item>
                  <item>2. The Ceremoniall Law of Moses is wholly
void. 280</item>
                  <item>3. The Judicial Law of Moses is annull'd or
abrogated, and retains no obliging power
either in whole or in part over any Christian
Prince, Commonwealth or person. 286</item>
                  <item>4. The ten Commandments of Moses, com<g ref="char:EOLhyphen"/>monly
called the Morall Law, is not a perfect
Digest of the Law of Nature. 318</item>
                  <item>5. All the Explications of the Morall Law
that are found in the Prophets and other H.
writers of the Old Testament are to be ac<g ref="char:EOLhyphen"/>counted
as parts of the Morall Law, and equal<g ref="char:EOLhyphen"/>ly
oblige the Conscience. 323</item>
                  <item>6. Every thing in the Decalogue is not obli<g ref="char:EOLhyphen"/>gatory
to Christians, is not a part of the Mo<g ref="char:EOLhyphen"/>rall
Law or Naturall. 324</item>
                  <item>The measures of difference to discern be<g ref="char:EOLhyphen"/>tween
Morall precepts and precepts not Mo<g ref="char:EOLhyphen"/>rall
in all the Laws of God. 367</item>
                  <item>7. There is no state of men or things but is to
be guided by the proportion of some Rule or
Precept in the Christian Law. 372</item>
               </list>
               <list>
                  <head>CHAP. III. Of the Interpretation and Obli<g ref="char:EOLhyphen"/>gation
of the Laws of JESUS
CHRIST.</head>
                  <item>1.IN Negative precepts the Affirmatives
are commanded, and in the Affirmative
commandments the Negative are included. 389</item>
                  <item>2. When a Negative and an Affirmative
seem opposite in any sense, the Affirmative is
to be expounded by the Negative, not the Ne<g ref="char:EOLhyphen"/>gative
by the Affirmative. 395</item>
                  <item>3. In the Affirmative and Negative precepts
of Christ, not only what is in the words of
the Commandment, but whatsoever is sym<g ref="char:EOLhyphen"/>bolicall
or alike, is equally forbidden or com<g ref="char:EOLhyphen"/>manded.
396</item>
                  <item>4. When any thing is forbidden by the Laws
of Jesus Christ, all those things are forbid<g ref="char:EOLhyphen"/>den
also which follow from that forbidden
action, or for whose sake it was forbidden. 402</item>
                  <item>5. The Laws of Jesus Christ are the measures
of the Spirit, and are alwaies to be extended
to a spiritual signification. 404</item>
                  <item>Whatsoever is an Elicit or Imperate
Act of vertue, whether it be acted by the
soul or by the body, is an act of spiritual re<g ref="char:EOLhyphen"/>ligion.
408</item>
                  <item>All acts of vertue are to be preferred be<g ref="char:EOLhyphen"/>fore
the Instruments of it; and that
which exercises it before that which sig<g ref="char:EOLhyphen"/>nifies
it; and the inward Act before the
outward. 410</item>
                  <item>6. The Imperate Acts or outward expressions
of one Commandement must not contradict
the Elicit Acts of another. 411</item>
                  <pb n="xxviii" facs="tcp:58903:20"/>
                  <item>7. When any thing is forbidden by the Laws
of Christ, all those things also by which we
come to that sin are understood to be by the
same Law forbidden. 414</item>
                  <item>8. The Suppositive Propositions with the su<g ref="char:EOLhyphen"/>pervening
advices of our B. Saviour are al<g ref="char:EOLhyphen"/>waies
equivalent to matter of Duty, and are
by Interpretation a Commandement. 417</item>
                  <item>9. The Institution of a Rite or Sacrament by
our B. Saviour is a direct Law, and passes a
proper obligation in its whole integrity. 420</item>
                  <item>10. If the sense of a Law be dubious, we are
sometimes to expound it by Liberty, sometimes
by Restraint. 432</item>
                  <item>11. The positive Laws of Jesus Christ cannot
be dispensed with by any Humane power. 440</item>
                  <item>12. Not every thing that is in the Doctrines
and Sermons of Jesus Christ was intended
to bind as a Law or Commandement. 448</item>
                  <item>13. Some things may be used in the service of
God which are not commanded in any Law,
nor explicitly commended in any doctrine of
Jesus Christ. 454</item>
                  <item>14. The Christian Law both of Faith and
Manners is fully contained in the H. Scri<g ref="char:EOLhyphen"/>ptures,
and from thence only can the Consci<g ref="char:EOLhyphen"/>ence
have divine warrant and authority. 472</item>
                  <item>15. In the Law of Christ there is no precept
that ministers wholy to the Law of Moses, but
for a time only and less principally. 519</item>
                  <item>16. The Laws of Jesus Christ are to be inter<g ref="char:EOLhyphen"/>preted
to the Sense of a present Obedience ac<g ref="char:EOLhyphen"/>cording
to the subject matter. 520</item>
                  <item>17. Because the Laws of Jesus Christ were de<g ref="char:EOLhyphen"/>livered
in Sermons to a single person or a de<g ref="char:EOLhyphen"/>finite
number of hearers, we are curiously to
enquire and wisely to understand when those
persons were only personally concerned, and
when they were representatives of the whole
Church. 540</item>
                  <item>18. Evangelicall Laws given to one concer<g ref="char:EOLhyphen"/>ning
the duty of another do in that very re<g ref="char:EOLhyphen"/>lation
concern them both, but in differing de<g ref="char:EOLhyphen"/>grees.
546</item>
                  <item>19. Custome is no sufficient Interpreter of the
Laws of Jesus Christ. 548</item>
                  <item>20. The measure of perfection and obedience
required of Christians is greater then that of
the Jews even in morall duties common to
them and us. 554</item>
               </list>
            </div>
            <div n="3" type="book">
               <pb n="xxix" facs="tcp:58903:20"/>
               <head>THE SECOND VOLVME.
THIRD BOOK.Of Humane Laws, &amp;c.</head>
               <list>
                  <head>CHAP. I. Of Humane Laws in general.</head>
                  <item>1. THE Conscience is properly and directly,
actively and passively under pains of
sin and punishment obliged to obey the Laws
of men. 3</item>
                  <item>Rules whereby to conjecture at the gra<g ref="char:EOLhyphen"/>vity
or lessening of the Sin of disobedi<g ref="char:EOLhyphen"/>ence
to humane Laws.</item>
                  <item>2. Humane Laws doe not oblige the Consci<g ref="char:EOLhyphen"/>ence
to an active obedience, when there is an
imminent danger, or an intolerable or very
grievous evil in the obedience. 26</item>
                  <item>3. The Laws of our Superiour that are not
just and good do not bind the Conscience. 32</item>
                  <item>4. A Law that is founded on a false pre<g ref="char:EOLhyphen"/>sumption
does not oblige the Conscience. 37</item>
                  <item>5. Humane Laws do bind the Conscience to or
from an act in secret as well as in publick. 40</item>
                  <item>6. Humane Laws before sufficient promul<g ref="char:EOLhyphen"/>gation
do not oblige the Conscience. 44</item>
                  <item>7. That a Law should oblige the Conscience
does not depend upon the acceptation of the
Law by the people. 46</item>
                  <item>8. Humane Laws of indifferent matter do
not oblige the Conscience of the Subjects out
of the Dominions of the Superiour. 49</item>
                  <item>9. Obedience to Laws is to be paid according
to what is commanded, not according to what
is best. 51</item>
               </list>
               <list>
                  <head>CHAP. II. Of Laws Penall and Tributary.</head>
                  <item>1. IT is lawfull for Christian Magistrates to
make Penall Laws not only pecuniary and
of restraint, but of loss of member and life it
self. 53</item>
                  <item>2. Penall do sometimes oblige the guilty per<g ref="char:EOLhyphen"/>son
to the suffering the punishment even be<g ref="char:EOLhyphen"/>fore
the sentence and declaration of the
Judge. 59.</item>
                  <item>In what cases the Criminall is to be his
own Executioner. 63.</item>
                  <item>Signes by which we may judge when the
Criminall is condemned <hi>ipso facto.</hi> 67</item>
                  <item>3. Penalties imposed by the Judge must be
suffered and submitted to, but may not after
such sentence be inflicted by the hands of the
condemned. 71</item>
                  <item>4. He that hath suffered the punishment is not
discharged in Conscience, unless he also re<g ref="char:EOLhyphen"/>pent
of the disobedience. 79</item>
                  <item>5. It is not lawfull for a guilty person to de<g ref="char:EOLhyphen"/>fend
<pb n="xxx" facs="tcp:58903:21"/>
himself by calumny or a lye, from the
penalty of the Law, though it be the sentence
of death. 82</item>
                  <item>6. It is not lawfull for private Christians
without publick authority to punish malefa<g ref="char:EOLhyphen"/>ctors,
but they may require it of the Magi<g ref="char:EOLhyphen"/>strate
in some cases. 107</item>
                  <item>7. It is not lawfull to punish one for the of<g ref="char:EOLhyphen"/>fence
of another merely and wholly. 117</item>
                  <item>8. The Laws of Tribute are Morall Laws and
not Penall, except it be by accident; and there<g ref="char:EOLhyphen"/>fore
do oblige the Conscience to an active obe<g ref="char:EOLhyphen"/>dience.
124</item>
                  <item>9. The Laws of tribute have the same condi<g ref="char:EOLhyphen"/>tions,
causes, powers and measures with other
Laws of government. 125</item>
                  <item>10. Tribute and custome, which are due, are to
<gap reason="illegible" resp="#TECH" extent="1 letter">
                        <desc>•</desc>
                     </gap>e paid, whether they be demanded or no. 127</item>
               </list>
               <list>
                  <head>CHAP. III. Of Kings, Princes and all Su<g ref="char:EOLhyphen"/>preme
Civill Powers, and their
Laws in Speciall.</head>
                  <item>1. THE Supreme power in every Republic is
universal, absolute and unlimited. 130</item>
                  <item>2. The Supreme power is superior to the
Civill Laws, but not wholy free from them. 138</item>
                  <item>3. It is not lawfull for Subjects to rebell or
to take up arms against the Supreme power of
the Nation, upon any pretence whatsoever. 149.</item>
                  <item>4. The Supreme civil power is also supreme
Governour over all persons and in all Causes
Ecclesiasticall. 160</item>
                  <item>5. Kings have a legislative power in the af<g ref="char:EOLhyphen"/>fairs
of Religion and the Church. 174</item>
                  <item>6. The Supreme civil power hath a power of
coercion over every person in the whole Or<g ref="char:EOLhyphen"/>der
Ecclesiasticall. 178</item>
                  <item>7. The Supreme civil power hath Jurisdicti<g ref="char:EOLhyphen"/>on
in causes not only Ecclesiasticall but In<g ref="char:EOLhyphen"/>ternal
and Spirituall. 199</item>
                  <item>8. The Supreme civil power is to govern in
causes Ecclesiasticall by the means and mea<g ref="char:EOLhyphen"/>sures
of Christ's institution, that is by the
assistance and ministeries of Ecclesiastical
persons. 207</item>
               </list>
               <list>
                  <head>CHAP. IV. Of the power of the Church in
Canons and Censures, with
their obligations and powers
over the Conscience.</head>
                  <item>1. THE whole power which Christ hath left
in ordinary to his Church is merely spi<g ref="char:EOLhyphen"/>ritual.
211</item>
                  <item>2. The Church hath power to make Laws, and
to give Commands obliging the Conscience,
that is, tying the Subject to obedience under
the penalty of committing or incurring the
Divine displeasure. 220</item>
                  <item>3. The Church hath power to make laws in
all things of necessary duty by a direct power
and a divine authority. 224</item>
                  <pb n="xxxi" facs="tcp:58903:21"/>
                  <item>4. The Church hath power to make Laws in
such things which are helps and apt ministe<g ref="char:EOLhyphen"/>ries
and advantages of necessary duty. 226</item>
                  <item>
                     <hi>The Rule</hi> [The Accessory follows the
nature of the Principall] <hi>explicated.</hi> 227</item>
                  <item>5. When the Canons or Rules of Ecclesiasti<g ref="char:EOLhyphen"/>call
Rulers are confirmed by the Supreme ci<g ref="char:EOLhyphen"/>vill
power, they oblige the Conscience by a
double obligation. 234</item>
                  <item>§. II. Of Censures Ecclesiasticall.
6. Kings and Princes are tied by the ties of
religion, not of power, to keep the Laws of the
Church. 237</item>
                  <item>7. It is not lawfull for the Ecclesiasticall
power to excommunicate Christian Princes
or the supreme civil power. 240</item>
                  <item>8. Ecclesiastical censures are to be inflicted
by the consent and concurrence of the supreme
civil power. 247</item>
                  <item>9. Excommunication inflicted upon a light
cause binds externally but not internally:
but if it be inflicted upon an unjust cause it
binds not at all. 255</item>
                  <item>10. It is not lawfull to communicate with those
whom the Church hath by a just sentence ex<g ref="char:EOLhyphen"/>communicated.
260</item>
                  <item>§. III. Of Canons Ecclesiastical.
11. The Canons of the Apostles which are of
order and externall government do oblige
the Conscience by being accepted in severall
Churches, not by their first establishment. 266</item>
                  <item>12. All those ritualls which were taught to the
Apostles concerning ministeries, which were
of divine institution, do oblige all Christen<g ref="char:EOLhyphen"/>dome
to their observation. 269</item>
                  <item>13. In the Rules which the Apostles gave to
the Churches in things indifferent, the
Church hath a liberty, but it is not to be used
but for great reason, great necessity, and for
the edification of their people committed to
their charge. 272</item>
                  <item>14. The Canons of the antient Generall &amp; Pro<g ref="char:EOLhyphen"/>vinciall
Councils are then laws to the Con<g ref="char:EOLunhyphen"/>science
when they are bound upon us by the
authority of the respective Governours of
Churches. 285</item>
                  <item>15. The Laudable customs of the Catholick
Church which are in present observation do
oblige the Conscience of all Christians. 287</item>
                  <item>16. The Decrees and Canons of the Bishops of
Rome oblige the Conscience of none but his
own subjects. 298</item>
                  <item>§. IV. Of the matter and conditions of
Ecclesiasticall Laws required to the
obligation of Conscience.
17. Ecclesiasticall Laws that are merely such
cannot be universall and perpetuall. 301</item>
                  <item>18. Ecclesiasticall Laws of ceremonies and ex<g ref="char:EOLhyphen"/>ternall
observances do not bind the Consci<g ref="char:EOLhyphen"/>ence
beyond the cases of contempt and scan<g ref="char:EOLhyphen"/>dall.
313</item>
                  <item>19. Ecclesiasticall Laws must be charitable
and easie; and when they are not, they oblige
not. 315</item>
                  <item>20. Ecclesiasticall Laws must ever promote the
service of God and the good of Souls, but
must never put a snare or stumbling-block to
Consciences. 323</item>
                  <pb n="xxxii" facs="tcp:58903:22"/>
                  <item>§. V. Of Ecclesiasticall Laws of Faith.
21. The Catholick Church is a witness of Faith
and a record of all necessary truths; but not
the Mistress and Ruler of our Creed, that is,
cannot make any laws of Faith. 350</item>
                  <item>22. The Decrees of Generall Councils are of
great use in the conduct of Conscience, but
not the proper measure or last determination
of matters of belief. 353</item>
                  <item>23. Subscription to articles and forms of con<g ref="char:EOLhyphen"/>f<gap reason="illegible" resp="#TECH" extent="1 letter">
                        <desc>•</desc>
                     </gap>ssion
in any Particular Church is wholly of
Politicall consideration. 356</item>
               </list>
               <list>
                  <head>CHAP. V. Of Laws Domestick, or the power
which Fathers of Families
have to bind the Consciences of
their Relatives.</head>
                  <item>1. CHildren are bound to obey the Laws and
Commandments of their Parents in
all things Domesticall, and in all actions per<g ref="char:EOLhyphen"/>sonall
relating to the familie, or done within
it. 359</item>
                  <item>2. Fathers have a power to chastise their of<g ref="char:EOLhyphen"/>fending
children, but not a power of life and
death. 364</item>
                  <item>3. A Father hath power over the goods and
persons of his children so as to be maintained
by them. 366</item>
                  <item>4. The Fathers power doe<gap reason="illegible" resp="#TECH" extent="1 letter">
                        <desc>•</desc>
                     </gap> not extend to mat<g ref="char:EOLhyphen"/>ter
of Religion and perswasions of Faith. 369</item>
                  <item>5. The Fathers power over the children can
remit an injury done to them without their
leave or consent. 371</item>
                  <item>6. A Fathers authority cannot abide after his
death, but the Sons piety to his Father must
and may pass upon him some indirect obliga<g ref="char:EOLhyphen"/>tions.
372</item>
                  <item>7. Neither the Fathers authority nor his Sons
piety can oblige them to do an action against
the Laws of God, or of the Fathers, or our
just superiours. 374</item>
                  <item>8. It is not lawfull for Children to enter into
any lasting course of life against the will or
approbation of their Fathers or parents. 378</item>
               </list>
               <list>
                  <head>CHAP. VI. Of the Interpretation, Diminuti<g ref="char:EOLhyphen"/>on
and Abrogation of Humane
Laws.</head>
                  <item>§. I. Of Equity. 1. WHen the Letter of the Law is bur<g ref="char:EOLhyphen"/>densome
and unjust, the meaning
and charity of the Law does only oblige the
Conscience. 398</item>
                  <item>§. II. Of Judiciall Interpretation. 2. When the power that made the Law does
interpret the Law, the Interpretation is au<g ref="char:EOLhyphen"/>thenticall,
and obliges the Conscience as
much as the Law, and can release the bond of
Conscience so far as the Interpretation ex<g ref="char:EOLhyphen"/>tends
as much as if the Law were abrogated. 407</item>
                  <item>§. III. A contrary or ceasing reason.3. A Law made for a particular reason, when
the reason wholly ceases, does no longer oblige
the Conscience. 411</item>
                  <item>§. IV. Dispensation.4. The Legislator hath authority to dispense in
<pb n="xxxiii" facs="tcp:58903:22"/>
his own Laws for any cause that himself pru<g ref="char:EOLhyphen"/>dently
shall judge to be reasonable, so that no
distinct interest be prejudic'd or injur'd. 423</item>
                  <item>§. V. Commutation.5. The same power that can dispense can al<g ref="char:EOLhyphen"/>so
commute a Duty: and as in the first it ea<g ref="char:EOLhyphen"/>ses,
so in the latter it binds the Conscience. 426</item>
                  <item>§. VI. Contrary Customes.6. A Custome can interpret a Law, but can
never abrogate it without the consent of the
supreme power. 427</item>
                  <item>§. VII. Abrogation. 7. Abrogation of a Law by a competent, that
is, the Supreme power, may be just and rea<g ref="char:EOLhyphen"/>sonable,
though the Law it self be neither un<g ref="char:EOLhyphen"/>reasonable
nor unjust. 431</item>
               </list>
            </div>
            <div n="4" type="book">
               <head>FOURTH BOOK. Of the Nature and Causes of Good and Evil.</head>
               <list>
                  <head>CHAP. I. Of the Efficient Causes of all
Humane Actions good or evil.</head>
                  <item>§. I. Of Choice and Election voluntary and
involuntary.
1. AN action is neither good nor evil, unless
it be voluntary and chosen. 437</item>
                  <item>2. The virtuall and interpretative consent of
the will is imputed to Good or Evil. 455</item>
                  <item>Rules of conducting our Sports and Re<g ref="char:EOLhyphen"/>creations.
473</item>
                  <item>3. The Act of the will alone, although no ex<g ref="char:EOLhyphen"/>ternall
action or event do follow, is imputed
to Good or Evil by God and men. 480</item>
                  <item>4. An Involuntary effect proceeding form a
voluntary cause is imputed to the Agent as if
it were voluntary and directly chosen. 489</item>
                  <item>§. II. Of the Diminutions of voluntary
Actions; and first of Ignorance, and its
influence into the morality of Humane
Actions.
5. Nothing is good or bad but what we know,
or concerning which we can deliberate. 493</item>
                  <item>6. Ignorance does alwaies excuse the fact,
or diminish the malignity of it, or change the
kind or nature of the Sin. 500</item>
                  <item>§. III. Of Fear and Violence, and how
these can make an action Involuntary.
7. Fear that makes our reason useless, and
suffers us not to consider, leaves the actions it
produces free from crime, even though it self
be culpable. 511</item>
               </list>
               <list>
                  <head>CHAP. II. Of the Finall cause of Humane
actions, and its influence or cau<g ref="char:EOLhyphen"/>sality
of Good and Evil.</head>
                  <item>1. IN every good Action the means and the end
must be Symbolicall; so that a good Action
done for an evil end, and an evil Action done
for a good end, are alike Criminall. 517</item>
                  <item>2. To do an action of it self lawfull for tempo<g ref="char:EOLhyphen"/>rall
regards, for ends of profit, pleasure, or ho<g ref="char:EOLhyphen"/>nour,
is not unlawfull, except it be acciden<g ref="char:EOLhyphen"/>tally.
520</item>
                  <item>3. The end and intention of a Law is under
the Commandement as much as the Action it
self commanded in order to the end. 525</item>
               </list>
            </div>
         </div>
         <div type="table_of_questions">
            <pb n="xxxiv" facs="tcp:58903:23"/>
            <head>A Table of Questions solemnly handled and
under distinct Titles.</head>
            <list>
               <item>1. WHether it be in any case, or in what
case it is lawfull to chuse the Con<g ref="char:EOLhyphen"/>clusion
before the Premisses. <hi>Pag.</hi> 28</item>
               <item>2. Whether one may believe a Proposition
which he cannot prove. <hi>ibid.</hi>
               </item>
               <item>3. Whether the <gap reason="foreign">
                     <desc>〈 in non-Latin alphabet 〉</desc>
                  </gap> may be corrupted. 31. n. 2.</item>
               <item>4. How far the Conscience may be corrupted. 31. n. 3</item>
               <item>5. Of what use <hi>RIGHT REASON</hi>
ought to be in religion. 42. n. 8</item>
               <item>6. Whether they that enter into H. Orders are
bound principally to design the glory of God. 65</item>
               <item>7. Whether it be lawfull to perswade a man to
believe a truth by arguments which himself
judges insufficient. 73</item>
               <item>8. Whether it be lawfull for a good end for
preachers to affright men with Panick terrors,
and to create fears that have no ground; as to
tell them, If they be liars their faces will be
deformed. 78. n. 12</item>
               <item>9. Whether a Judge must give sentence ac<g ref="char:EOLhyphen"/>cording
to the evidence of those witnesses
whom he knows false, or according to his
Conscience, though contrary to a legal pro<g ref="char:EOLhyphen"/>cess.
82. n. 5.</item>
               <item>10. Whether a false and abused Conscience can
oblige us to pursue the error. 102. n. 3</item>
               <item>11. Whether obedience to a Conscience erring
vincibly or culpably be a double sin in the
action and the principle.</item>
               <item>12. A Discourse to prove that the <hi>RELIGION</hi>
of <hi>JESUS CHRIST</hi> is from God. 124</item>
               <item>13. Whether it be lawfull to severall persons to
use probable arguments contradictory to one
another for ends in themselves lawfull. 154</item>
               <item>14. How the Ignorant and vulgar people shall
proceed, when the Teachers are divided in
opinion. 159</item>
               <item>15. When the Authority of Divines is to be
followed, when that of Lawyers. 165</item>
               <item>16. Whether it be lawfull to advise, determine
or petition another to a lesser sin, that thereby
he may avoid a greater. 189</item>
               <item>17. Whether it be lawfull for a wife that she
may live with some degree of comfort to con<g ref="char:EOLhyphen"/>nive
at her Husbands stolen pleasures, and
what is the Womans duty, and most prudent
course in this case. 190</item>
            </list>
            <list>
               <head>LIB. II.</head>
               <item>18. Whether a will not sufficiently ratified ac<g ref="char:EOLhyphen"/>cording
to the Civil Law be valid to the in<g ref="char:EOLhyphen"/>jury
of any of the Legatees. 254</item>
               <item>19. Whether we under the Gospel are still
bound to abstain from blood and things stran<g ref="char:EOLhyphen"/>gled.
281</item>
               <item>20. Whether the Judiciall Law of mutuall
abstinence in the daies of womens separation
obliges Christians. 287</item>
               <item>21. Whether Cosen-Germans may marry one
another. 301</item>
               <item>22. Whether it be against the Law of Nati<g ref="char:EOLhyphen"/>ons
to doe so. 309</item>
               <item>23. Whether it be lawfull to make a picture or
Image of God. 331</item>
               <item>24. Whether it be lawfull for Christians to
worship God by an Image. 337</item>
               <pb n="xxxv" facs="tcp:58903:23"/>
               <item>25. How we are to celebrate the Lords day. 363</item>
               <item>26. Whether it is lawfull for a Prince to per<g ref="char:EOLhyphen"/>mit
any thing for the publick necessities of
the people, which is forbidden by the Laws
of Jesus Christ. 374</item>
               <item>27. Of the measures of War by Christ's Law. 377</item>
               <item>28. Whether the precedents of the Old Testa<g ref="char:EOLhyphen"/>ment
are a Law to them that go to war. 380</item>
               <item>29. Of the Negative measures of Examples in
the Old Testament. <hi>ibid.</hi>
               </item>
               <item>30. Of the Example of Christ. 383</item>
               <item>31. Of the use of Examples in the Old and
New Testament. 386</item>
               <item>32. Of the Positive measures of Examples,
and which may be safely followed. 387</item>
               <item>33. Why the Law of Moses consisted of Nega<g ref="char:EOLhyphen"/>tives
all but one. <hi>ibid.</hi>
               </item>
               <item>34. In what cases the stricter sense of the
Laws of Christ is to be followed. 432</item>
               <item>35. When the Laws of Christ are to be expoun<g ref="char:EOLhyphen"/>ded
to a sense of ease and liberty. 433</item>
               <item>36. Who are truly and innocently weak and
to be complied with. 437</item>
               <item>37. What are the notes of difference between
counsels and commands Evangelicall. 452</item>
               <item>38. Whether we are to require from Scripture
a warrant for every action we doe in common
life. 454</item>
               <item>39. Whether in matters of religion we may
use any thing for which we have no express
word in Scripture. 457</item>
               <item>40. Of Will-worship. <hi>ibid.</hi>
               </item>
               <item>41. What voluntary or uncommanded actions
are lawful or commendable. 459</item>
               <item>42. Whether there be any, or what are those
rules by which we may discern tradition. 493</item>
               <item>43. Whether or no and how far a Negative ar<g ref="char:EOLhyphen"/>gument
from Scripture is to prevail. 501</item>
               <item>44. Whether there may be any new Articles of
Faith, or that the Creed of the Church may so
increase that what was sufficient to salvati<g ref="char:EOLhyphen"/>on
in one age cannot serve in another. 508</item>
               <item>45. At what time precisely is every sinner bound
to repent of his Sins, so that if he does not re<g ref="char:EOLhyphen"/>pent
at that time, he commits a new sin. 523</item>
               <item>46. Whether a man is bound to repent not only
the first time, but every time he thinks of
his Sin. 537</item>
               <item>47. Whether the Customs of Jews or Gentiles
or indifferently of many nations be a just pre<g ref="char:EOLhyphen"/>sumption,
that the thing so practis'd is agree<g ref="char:EOLhyphen"/>able
to the Law of Nature, or is any waies to be
suppos'd to be consonant to the will of God. 551</item>
            </list>
            <list>
               <head>LIB. III.</head>
               <item>48. Whether the Laws of Men oblige the Con<g ref="char:EOLhyphen"/>science.
<hi>p.</hi> 3.</item>
               <item>49. Of Christian Liberty. 17</item>
               <item>50. The difference of Divine and Humane
Laws in their obligation. 23</item>
               <item>51. Whether Humane Laws can command or
forbid inward actions. 41</item>
               <item>52. Whether it be lawfull to kill ones self to
prevent a cruell death inflicted by his Ene<g ref="char:EOLhyphen"/>mies.
72</item>
               <item>53. Whether in suffering the punishment an<g ref="char:EOLhyphen"/>nexed
to penall Laws the Conscience is dis<g ref="char:EOLhyphen"/>charged
without repentance. 79</item>
               <item>54. Whether it can in any case be lawfull to
tell a lie. 83</item>
               <item>55. Whether it be lawfull to use restrictions
and mentall reservations, so that what we
utter is false, but joined with something
within does integrate a truth and make up
an answer. 97</item>
               <pb n="xxxvi" facs="tcp:58903:24"/>
               <item>56. Whether it be lawfull to equivocate or
use words of doubtfull signification with
a purpose to deceive, or knowing that they will
deceive, and in what case it is so. 100</item>
               <item>57. Whether it be lawfull by false signs, by
actions and pretences of action to deceive
others for any good end, and in what cases it
is so. 104</item>
               <item>58. Whether it be lawfull for a Christian to
require of the Magistrate that his offending
Brother may be punished. 114</item>
               <item>59. Whether it be lawfull for the supreme
Prince or Magistrate to aliene his Princely
rights, or to give away any parts of his King<g ref="char:EOLhyphen"/>dome.
137</item>
               <item>60. Whether a Prince is subject to the Laws
which he makes. 138</item>
               <item>61. What Laws they are from which a Prince
is freed; what is the right or prerogative of
the Supreme Power. 145</item>
               <item>62. Whether it be lawfull for Subjects to take
up arms against the Supreme power. 150</item>
               <item>63. In what sense the service of God is to be
preferred before every thing else. 180</item>
               <item>64. Which are to be preferred, and which are
better, things spirituall or temporall. 183</item>
               <item>65. Whether are to be preferred, Spirituall or
temporall persons. 186</item>
               <item>66. Whether the eminency of the spirituall
calling, and the consequent prelation of spi<g ref="char:EOLhyphen"/>rituall
persons can exempt them from se<g ref="char:EOLhyphen"/>cular
coercion, and make them superiour to
Princes. 188</item>
               <item>67. Whether is to be obeyed, the Prince or the
Bishop, if they command contrary things. 191</item>
               <item>68. Whether in the civill affairs and causes
of the Ecclesiasticall power and persons the
presumption ought to lie for the King or for
the Church. 198</item>
               <item>69. Whether the supreme Civill power hath
authority to convene and dissolve Synods Ec<g ref="char:EOLhyphen"/>clesiasticall.
203</item>
               <item>70. Whether the Supreme Civill power hath
a power of externall judgment in matters of
faith. 205</item>
               <item>71. Whether the Guides of Souls have a pro<g ref="char:EOLhyphen"/>per
and spirituall power to enjoin Penances or
Ecclesiasticall Satisfactions to a Prince that
hath sinned publickly. 244</item>
               <item>72. Of the Lent Fast &amp; the weekly fasting. 273</item>
               <item>73. The Lent Fast is not a Tradition or Canon
Apostolicall. 275</item>
               <item>74. Whether Ecclesiastical Laws may be per<g ref="char:EOLhyphen"/>petuall.
303</item>
               <item>75. What persons are tied to the observation
of Ecclesiasticall fasts, and in what cases. 317</item>
               <item>76. Of Musick in Churches. 329</item>
               <item>77. Of the Marriage of Bishops and Priests. 332</item>
               <item>78. Whether it can be lawfull to subscribe
what he does not believe to be true. 358</item>
               <item>79. Whether it be lawfull for children to enter
into any religious vow or state without the
consent of their Parents. 378</item>
               <item>80. Whether they may lawfully marry without
or against their parents consent. 381</item>
               <item>81. Of Exemption from the power of Fathers. 390</item>
               <item>82. Whether if the Grand-father be alive and
the Son in his power, it be sufficient to le<g ref="char:EOLhyphen"/>gitimate
the marriage of the Son, if the
Grand-father consent, though the Father be
not asked. 391</item>
               <item>83. Whether if the Parents have consented
and authorized the treaty of marriage, till
the affections of the children are irrevoca<g ref="char:EOLhyphen"/>bly
engaged, and afterwards recall their
consent, the children are bound to obey their
Parents. 392</item>
               <item>
                  <pb n="xxxvii" facs="tcp:58903:24"/>84. Whether Mothers have the same authority
ever their children as their Fathers have. 393</item>
               <item>85. VVhether the power of Parents is such
that they can compell a Son or Daughter to
marry whom or when they will. 394</item>
               <item>86. Whether the Law obliges no more, when its
reason ceaseth. 411</item>
               <item>87. Whether in some case the Subject is so
quitted from the obligation of the Law that
he may use his liberty without asking the will
of the Superior. 417</item>
               <item>88. Whether the obligation of the Law doth
extend it self to all cases that have the same
or an equall reason, though the case be not
comprehended directly in the Law. 419</item>
               <item>89. Whether it be a just and prudent cause
to take a thing quite away because it has
been abused. 432</item>
               <item>90. Whether every action of our life ought to
be directed by a right Conscience, or a well<g ref="char:EOLhyphen"/>perswaded
will: Or, Are not some Actions,
not only in their whole kind, but in their Cir<g ref="char:EOLhyphen"/>cumstances
and Limitations also, merely in<g ref="char:EOLhyphen"/>different?
444</item>
               <item>91. Whether is it necessary that for the doing
of good we have an express act of volition?
that is, May not the will be indifferent, though
the actions are not? 450</item>
               <item>92. Upon whom doth the greater portion of the
guilt lie, upon him that commands a sin, or
him that sins in obedience? 458</item>
               <item>93. How farre it can be lawfull to permit a
sin. 464</item>
               <item>94. Whether to make and provide the instru<g ref="char:EOLhyphen"/>ments
which usually minister to sin, makes us
also guilty. 467</item>
               <item>95. Whether it be lawfull to play at Cards or
Dice. 469</item>
               <item>96. Whether the Sin of the Action be distinct
from that of the Affection. 481</item>
               <item>97. Of the identity and diversity respectively
of actions internall and externall, and the
multiplication of sins by them. 483</item>
               <item>98. What degrees of guiltiness are contracted
by the beginnings and desires of wickedness
which are imperfect and unfinished. 486</item>
               <item>99. Whether a mad man may be punished for a
fact he did in his health. 491</item>
               <item>100. Of what things a man may be innocently
ignorant, and what not. 494</item>
               <item>101. What diligence is necessary that our igno<g ref="char:EOLhyphen"/>rance
may be innocent. 496</item>
               <item>102. What is a probable ignorance. 497</item>
               <item>103. Whether drunkennesse does excuse, or ex<g ref="char:EOLhyphen"/>tenuate,
or aggravate the crimes which it oc<g ref="char:EOLhyphen"/>casions.
505</item>
               <item>104. What morality is in those actions which
are done by a man that is abused into igno<g ref="char:EOLhyphen"/>rance
by the fraud of another. 509</item>
               <item>105. Whether it be lawfull to serve God for
any end less then himself, for riches, ho<g ref="char:EOLhyphen"/>nour,
<hi>&amp;c.</hi> 523</item>
               <item>106. In what sense it is true that God must be
served purely for his own sake, and vertue
pursued for vertues sake. 524</item>
            </list>
            <list>
               <head>QUESTIONS
more briefly handled.</head>
               <item>1. WHether a man can be wholly without
Conscience. <hi>lib.</hi> 1. <hi>cap.</hi> 1. <hi>rul.</hi> 1. <hi>n.</hi> 5.</item>
               <item>2. From whence Conscience hath the power
to torment a man. <hi>l.</hi> 1. <hi>c.</hi> 1. <hi>r.</hi> 2. <hi>n.</hi> 18. <hi>p.</hi> 20.</item>
               <item>3. Why is the Conscience more afraid in
some sins then others? <hi>l.</hi> 1. <hi>c.</hi> 1. <hi>r.</hi> 2. <hi>n.</hi> 21. <hi>p.</hi> 21.</item>
               <item>4. Whether Ecclesiasticks ever ought to
leave one Church for another. <hi>l.</hi> 1. <hi>c.</hi> 1. <hi>r.</hi> 5. <hi>n.</hi> 23. <hi>p.</hi> 69.</item>
               <pb n="xxxviii" facs="tcp:58903:25"/>
               <item>5. Whether it be lawfull to use <hi>argumen<g ref="char:EOLhyphen"/>ta
ad hominem. l.</hi> 1. <hi>c.</hi> 2. <hi>r.</hi> 6. <hi>n.</hi> 10. <hi>p.</hi> 75.</item>
               <item>6. Whether a Conscience invincibly erring
is to be obeyed against the known commands of
our Superiour. <hi>l.</hi> 1. <hi>c.</hi> 3. <hi>r.</hi> 6. <hi>p.</hi> 114.</item>
               <item>7. Whether the Error of a Conscience may
be laid down upon an argument less probable
then that which first produced the error. <hi>l.</hi> 1. <hi>c.</hi> 3. <hi>r.</hi> 7. <hi>n.</hi> 2. <hi>p.</hi> 116.</item>
               <item>8. Whether a morall demonstration be a
sufficient ground of certainty in duties. <hi>l.</hi> 1. <hi>c.</hi> 4. <hi>r.</hi> 2. <hi>n.</hi> 2. <hi>p.</hi> 121.</item>
               <item>9. Whether when two probable opinions
are practically compared, it is lawfull to reject
that which is more probable. <hi>l.</hi> 1. <hi>c.</hi> 4. <hi>r.</hi> 5. <hi>n.</hi> 3. <hi>p.</hi> 148.</item>
               <item>10. VVhether when two opinions seem e<g ref="char:EOLhyphen"/>qually
probable, the understanding ought to
chuse neither. <hi>l.</hi> 1. <hi>c.</hi> 4. <hi>r.</hi> 6. <hi>n.</hi> 1. <hi>p.</hi> 150.</item>
               <item>11. Whether the lesser evil in respect of
the greater hath the nature of good, and whe<g ref="char:EOLhyphen"/>ther
it may be lawfully chosen, if necessity
force to chuse one. <hi>l.</hi> 1. <hi>c.</hi> 5. <hi>r.</hi> 8. <hi>n.</hi> 25. <hi>p.</hi> 199.</item>
               <item>12. Whether the Christian Law be a colle<g ref="char:EOLhyphen"/>cted
body of the Laws of Nature. <hi>l.</hi> 2. <hi>c.</hi> 1. <hi>r.</hi> 1. <hi>n.</hi> 40. <hi>p.</hi> 235.</item>
               <item>13. Whether it be lawfull to serve God
with intuition of reward. <hi>l.</hi> 2. <hi>c.</hi> 1. <hi>r.</hi> 4. <hi>n.</hi> 9. <hi>p.</hi> 250.</item>
               <item>14. Whether the Divine power can dis<g ref="char:EOLhyphen"/>pense
with the Law of Nature. <hi>l.</hi> 2. <hi>c.</hi> 1. <hi>r.</hi> 9. <hi>p.</hi> 263.</item>
               <item>15. How God dispenseth with his Laws. <hi>l.</hi> 2. <hi>c.</hi> 1. <hi>r.</hi> 9. <hi>n.</hi> 3. <hi>p.</hi> 264.</item>
               <item>16. What Laws of Nature can be dispen<g ref="char:EOLhyphen"/>sed
with. <hi>l.</hi> 2. <hi>c.</hi> 1. <hi>r.</hi> 9. <hi>n.</hi> 10. <hi>p.</hi> 267.</item>
               <item>17. <hi>Whether it be rightly said,</hi> Per Jus
Gentium &amp; Civile aliquid detrahitur de
Jure Naturali. l. 2. c. 1. r. 10. n. 2. p. 269.</item>
               <item>18. Whether the Pope can dispense with
the Law of Nature. <hi>l.</hi> 2. <hi>c.</hi> 1. <hi>r.</hi> 10. <hi>n.</hi> 9. <hi>p.</hi> 271.</item>
               <item>19. Whether Abraham were brother to
Sarah. <hi>l.</hi> 2. <hi>c.</hi> 2. <hi>r.</hi> 3. <hi>n.</hi> 31. <hi>p.</hi> 300, 305.</item>
               <item>20. <hi>What is meant</hi> Levit. xviii. 6. <hi>by,</hi>
None of you; and, Near of kin to you. <hi>l.</hi> 2. <hi>c.</hi> 2. <hi>r.</hi> 3. <hi>n.</hi> 36, 39. <hi>p.</hi> 302.</item>
               <item>21. Whether Christ gave any new pre<g ref="char:EOLhyphen"/>cepts
which were not in the Mosaicall Digest. 319.</item>
               <item>22. Whether that which we call the se<g ref="char:EOLhyphen"/>cond
Commandment be a distinct Command<g ref="char:EOLhyphen"/>ment,
or an explication only of the first. 325.</item>
               <item>23. Whether it is well to divide the tenth
Commandment into two. 327.</item>
               <item>24. Whether it be lawfull to make an
image. 330.</item>
               <item>25. Whether Spirituall persons should be
exempt from Secular Jurisdiction. <hi>l.</hi> 2. <hi>c.</hi> 2. <hi>r.</hi> 6. <hi>n.</hi> 67. <hi>p.</hi> 368.</item>
               <item>26. Whether an example out of the Old
Testament be sufficient warrant for us. <hi>l.</hi> 2. <hi>c.</hi> 2. <hi>r.</hi> 7. <hi>n.</hi> 26. <hi>p.</hi> 380.</item>
               <item>27. Whether in the Law of Moses, the
Affirmative Laws are included in the Ne<g ref="char:EOLhyphen"/>gative.
<hi>l.</hi> 2. <hi>c.</hi> 3. <hi>r.</hi> 1. <hi>n.</hi> 7. <hi>p.</hi> 391.</item>
               <item>28. Whether the Arguments of an old
Heretick new made use of still increase the
account of the first sin. <hi>l.</hi> 2. <hi>c.</hi> 3. <hi>r.</hi> 4. <hi>n.</hi> 6. <hi>p.</hi> 404.</item>
               <item>29. Whether marriage be an universall
Commandment. <hi>l.</hi> 2. <hi>c.</hi> 3. <hi>r.</hi> 9. <hi>n.</hi> 2. <hi>p.</hi> 420.</item>
               <item>30. Whether the Lords Supper be to be
administred to all in both kinds. <hi>l.</hi> 2. <hi>c.</hi> 3. <hi>r.</hi> 9. <hi>n.</hi> 5. <hi>p.</hi> 421.</item>
               <item>31. Whether in the Holy Eucharist whole
Christ be received under each kind. <hi>l.</hi> 2. <hi>c.</hi> 3. <hi>r.</hi> 9. <hi>n.</hi> 26. <hi>p.</hi> 427.</item>
               <item>32. Whether the blood is received in the
Bread by concomitance. <hi>l.</hi> 2. <hi>c.</hi> 3. <hi>r.</hi> 9. <hi>n.</hi> 26. <hi>p.</hi> 429.</item>
               <item>33. Whether a power of dispensing with
the positive laws of Christ be intrusted with
any man or society of men, to the Pope or
any other. <hi>l.</hi> 2. <hi>c.</hi> 3. <hi>r.</hi> 11. <hi>n.</hi> 6. <hi>p.</hi> 441.</item>
               <item>34. Whether it be lawfull to break the
vow and bonds of marriage to enter into
a religious house. <hi>l.</hi> 2. <hi>c.</hi> 3. <hi>r.</hi> 11. <hi>n.</hi> 9. <hi>p.</hi> 443.</item>
               <item>35. Whether a Supplie of duty is to be
made in any case, or, whether it be not
better in some cases to doe something of
the duty then nothing when we cannot doe
all. <hi>l.</hi> 2. <hi>c.</hi> 3. <hi>r.</hi> 11. <hi>n.</hi> 17. <hi>p.</hi> 446.</item>
               <item>36. Whether it be as great a sin to teach
for necessary doctrines the prohibitions of
men as the injunctions. <hi>l.</hi> 2. <hi>c.</hi> 3. <hi>r.</hi> 13. <hi>n.</hi> 20. <hi>p.</hi> 463.</item>
               <item>37. What Superstition is. <hi>l.</hi> 2. <hi>c.</hi> 3. <hi>r.</hi> 13. <hi>n.</hi> 26. <hi>p.</hi> 466.</item>
               <item>38. Whether the Sacrifice of Abel was
will-worship. <hi>l.</hi> 2. <hi>c.</hi> 3. <hi>r.</hi> 13. <hi>n.</hi> 27. <hi>p.</hi> 467.</item>
               <item>
                  <pb n="xxxix" facs="tcp:58903:25"/>39. Whether whatsoever is taught us by
naturall reason is bound upon us by a na<g ref="char:EOLhyphen"/>turall
law. <hi>l.</hi> 2. <hi>c.</hi> 3. <hi>r.</hi> 13. <hi>n.</hi> 28. <hi>p.</hi> 467. <hi>&amp;


c.</hi> 1. <hi>r.</hi> 1. <hi>n.</hi> 30. <hi>p.</hi> 230.</item>
               <item>40. Whether the Holy Scriptures contain
the whole will of God. <hi>l.</hi> 2. <hi>c.</hi> 3. <hi>r.</hi> 14. <hi>n.</hi> 2. <hi>p.</hi> 473.</item>
               <item>41. What is the use of Traditions. <hi>l.</hi> 2. <hi>c.</hi> 3. <hi>r.</hi> 14. <hi>n.</hi> 13. <hi>p.</hi> 483.</item>
               <item>42. Whether Tradition after the consigna<g ref="char:EOLhyphen"/>tion
of the Canon of Scriptures be of any
use in Questions of Faith or manners. <hi>l.</hi> 2. <hi>c.</hi> 3. <hi>r.</hi> 14. <hi>n.</hi> 23. <hi>p.</hi> 487.</item>
               <item>43. Whether Traditions can be proved
out of Scripture. <hi>l.</hi> 2. <hi>c.</hi> 3. <hi>r.</hi> 14. <hi>n.</hi> 38. <hi>p.</hi> 494.</item>
               <item>44. Whether the belief of the Catholick
Church is a sufficient argument to prove a
Tradition to be Apostolicall. <hi>l.</hi> 2. <hi>c.</hi> 3. <hi>r.</hi> 14. <hi>n.</hi> 39. <hi>p.</hi> 495.</item>
               <item>45. Whether a Council or the Doctors
of the Church can give sufficient Authori<g ref="char:EOLhyphen"/>ty
to Tradition. <hi>l.</hi> 2. <hi>c.</hi> 3. <hi>r.</hi> 14. <hi>n.</hi> 42. <hi>p.</hi> 499.</item>
               <item>46. What Authority an uninterrupted
Succession from Apostolicall men can give
to a Tradition. <hi>l.</hi> 2. <hi>c.</hi> 3. <hi>r.</hi> 14. <hi>n.</hi> 43. <hi>p.</hi> 500.</item>
               <item>47. Whether it be lawfull to defer Ba<g ref="char:EOLhyphen"/>ptisme
till near death. <hi>l.</hi> 2. <hi>c.</hi> 3. <hi>r.</hi> 16. <hi>n.</hi> 1. <hi>p.</hi> 521.</item>
               <item>48. Whether a man be bound to weep as
often as he thinks of his sin. <hi>l.</hi> 2. <hi>c.</hi> 3. <hi>r.</hi> 16. <hi>n.</hi> 36. <hi>p.</hi> 539.</item>
               <item>49. Whether the Bishop that ordeins, or
he that is ordeined, or they that chuse do
sin, if the Bishop be unfit. <hi>l.</hi> 2. <hi>c.</hi> 3. <hi>r.</hi> 18. <hi>n.</hi> 1. <hi>p.</hi> 547.</item>
               <item>50. Whether Christian Liberty extend to
the freeing from all humane Laws made
concerning ceremonies. <hi>l.</hi> 3. <hi>c.</hi> 1. <hi>r.</hi> 1. <hi>n.</hi> 28. <hi>p.</hi> 18.</item>
               <item>51. Whether Humane Laws bind to their
observation with the danger of life. <hi>l.</hi> 3. <hi>c.</hi> 1. <hi>r.</hi> 2. <hi>n.</hi> 2. <hi>p.</hi> 27.</item>
               <item>52. Whether a Law that binds under pain
of mortall sin does also bind to obedience
though death attend it. <hi>l.</hi> 3. <hi>c.</hi> 1. <hi>r.</hi> 2. <hi>n.</hi> 10. <hi>p.</hi> 28.</item>
               <item>53. When the Supreme power can bind to
the observation of his Laws though with
danger of death. <hi>l.</hi> 3. <hi>c.</hi> 1. <hi>r.</hi> 2. <hi>n.</hi> 12. <hi>p.</hi> 29.</item>
               <item>54. Whether Laws have their binding
power from the consent of the people. <hi>l.</hi> 3. <hi>c.</hi> 1. <hi>r.</hi> 7. <hi>n.</hi> 5. <hi>p.</hi> 47.</item>
               <item>55. Whether when a Law is refused by
the greater part of the people, single per<g ref="char:EOLunhyphen"/>sons
are excused. <hi>l.</hi> 3. <hi>c.</hi> 1. <hi>r.</hi> 7. <hi>n.</hi> 9. <hi>p.</hi> 49.</item>
               <item>56. Whether for a lawfull Magistrate to
put a malefactor to death <hi>flagrante crimine</hi>
be against charity. <hi>l.</hi> 3. <hi>c.</hi> 2. <hi>r.</hi> 1. <hi>n.</hi> 4. <hi>p.</hi> 54.</item>
               <item>57. VVhether a liee may be told to ano<g ref="char:EOLhyphen"/>ther
for the benefit of a third person. <hi>l.</hi> 3. <hi>c.</hi> 2. <hi>r.</hi> 5. <hi>n.</hi> 12. <hi>p.</hi> 87.</item>
               <item>58. Whether a lie may be told to save
ones good name and prevent disgrace. <hi>l.</hi> 3. <hi>c.</hi> 2. <hi>r.</hi> 5. <hi>n.</hi> 17. <hi>p.</hi> 92.</item>
               <item>59. VVhether a Generall may tell a lye
and use stratagems. <hi>l.</hi> 3. <hi>c.</hi> 2. <hi>r.</hi> 5. <hi>n.</hi> 19. <hi>p.</hi> 93.</item>
               <item>60. Whether a Prince is to be accounted
a private person, when he proceeds not ac<g ref="char:EOLhyphen"/>cording
to the sentence and methods of Law. <hi>l.</hi> 3. <hi>c.</hi> 2. <hi>r.</hi> 6. <hi>n.</hi> 11. <hi>p.</hi> 111.</item>
               <item>61. Whether Judiciall duells are lawfull. <hi>l.</hi> 3. <hi>c.</hi> 2. <hi>r.</hi> 6. <hi>n.</hi> 12. <hi>p.</hi> 112.</item>
               <item>62. Whether it be lawfull for Christians
to goe to law one with another. <hi>l.</hi> 3. <hi>c.</hi> 2. <hi>r.</hi> 6. <hi>n.</hi> 18. <hi>p.</hi> 115.</item>
               <item>63. Whether it be lawfull to punish one
for another of persons conjoined by Contract. <hi>l.</hi> 3. <hi>c.</hi> 2. <hi>r.</hi> 7. <hi>n.</hi> 5. <hi>p.</hi> 118.</item>
               <item>64. Whether it be lawfull to imprison or
torment insolvent Debtors. <hi>l.</hi> 3. <hi>c.</hi> 2. <hi>r.</hi> 7. <hi>n.</hi> 5. <hi>p.</hi> 118.</item>
               <item>65. Whether persons affianced by Nature
may be lawfully punished one for another. <hi>l.</hi> 3. <hi>c.</hi> 2. <hi>r.</hi> 7. <hi>n.</hi> 11. <hi>p.</hi> 121.</item>
               <item>66. Whether persons affianced by Crime
may be punished one for another. <hi>l.</hi> 3. <hi>c.</hi> 2. <hi>r.</hi> 7. <hi>n.</hi> 12. <hi>p.</hi> 122.</item>
               <item>67. Whether it be unlawfull to deny tribute
on pretence it is unjust. <hi>l.</hi> 3. <hi>c.</hi> 2. <hi>r.</hi> 10. <hi>n.</hi> 3. <hi>p.</hi> 128.</item>
               <item>68. What the Bishops are to doe, if the Ci<g ref="char:EOLhyphen"/>vill
power forbid that any invocation of the
H. Ghost be made in the publick Liturgies. <hi>l.</hi> 3. <hi>c.</hi> 3. <hi>r.</hi> 6. <hi>n.</hi> 29. <hi>p.</hi> 196.</item>
               <item>69. Whether it be lawfull for the Spiri<g ref="char:EOLhyphen"/>tuall
power by spirituall censures to punish
those actions which the Civil power permits. <hi>l.</hi> 3. <hi>c.</hi> 3. <hi>r.</hi> 6. <hi>n.</hi> 32. <hi>p.</hi> 197.</item>
               <item>70. How to know which is the Accessory
and which the Principall. <hi>l.</hi> 3. <hi>c.</hi> 4. <hi>r.</hi> 4. <hi>n.</hi> 6. <hi>p.</hi> 227.</item>
               <pb n="xl" facs="tcp:58903:26"/>
               <item>71. In what sense the Accessory does fol<g ref="char:EOLhyphen"/>low
the nature of the Principall. <hi>l.</hi> 3. <hi>c.</hi> 4. <hi>r.</hi> 4. <hi>n.</hi> 12. <hi>p.</hi> 229.</item>
               <item>72. Whether the Bishops can give Laws
which properly and immediately bind the
transgressors under sin. <hi>l.</hi> 3. <hi>c.</hi> 4. <hi>r.</hi> 4. <hi>n.</hi> 23. <hi>p.</hi> 233.</item>
               <item>73. In what cases Excommunication may
be lawfully inflicted. <hi>l.</hi> 3. <hi>c.</hi> 4. <hi>r.</hi> 9. <hi>n.</hi> 6. <hi>p.</hi> 257.</item>
               <item>74. VVhether such sentences in Law as
declare a man Excommunicate <hi>ipso facto</hi> be
unlawfull. <hi>l.</hi> 3. <hi>c.</hi> 4. <hi>r.</hi> 9. <hi>n.</hi> 11, 12. <hi>p.</hi> 259.</item>
               <item>75. <hi>VVhat is meant by that word of our
Saviours,</hi> teaching for doctrines the Com<g ref="char:EOLhyphen"/>mandments
of men. l. 3. c. 4. r. 17. n. 8. p. 303.</item>
               <item>76. VVhether Bishops and Priests may mar<g ref="char:EOLhyphen"/>ry
after Ordination. <hi>l.</hi> 3. <hi>c.</hi> 4. <hi>r.</hi> 20. <hi>n.</hi> 24. <hi>p.</hi> 343.</item>
               <item>77. When the Law expresly names the
punishment, whether there can be any relief
by Equity or Interpretation. <hi>l.</hi> 3. <hi>c.</hi> 6. <hi>r.</hi> 1. <hi>n.</hi> 17. <hi>p.</hi> 406.</item>
               <item>78. VVhether a Custome can abrogate a
Law. <hi>l.</hi> 3. <hi>c.</hi> 6. <hi>r.</hi> 6. <hi>n.</hi> 4, 5, 6, 7. <hi>p.</hi> 429.</item>
               <item>79. VVhèther the VVill be free in it's
actions. <hi>l.</hi> 4. <hi>c.</hi> 1. <hi>r.</hi> 1. <hi>n.</hi> 2, 3. <hi>p.</hi> 440.</item>
            </list>
         </div>
         <div type="summary_of_contents">
            <p>First Volume Contains
BOOK FIRST,
OF CONSCIENCE IN GENERAL,
viz. <hi>the Right, Confident or Erroneous, Probable or
Thinking, Doubtfull and Scrupulous Conscience.</hi> (Page 1.</p>
            <p>SECOND BOOK,
OF LAWS DIVINE,
viz. <hi>the Laws of Nature, Moses and Christ, and all Col<g ref="char:EOLhyphen"/>lateral
Obligations.</hi> (pag. 220.</p>
            <p>Second Volume Contains
BOOK THIRD,
OF HUMANE LAWS,
<hi>Their Obligation and Relaxation, and of the Collaterall,
Indirect and Accidental bands of Conscience.</hi> (pag. 1.</p>
            <p>BOOK FOURTH,
OF THE NATURE AND CAUSES
OF GOOD And EVIL,
<hi>Their Limits and Circumstances, Aggravations and
Diminutions.</hi> (pag. 437.</p>
         </div>
         <div type="illustration">
            <p>
               <pb facs="tcp:58903:26"/>
               <pb facs="tcp:58903:27"/>
               <figure>
                  <p>NON MAGNA LOQVIMVR. SED VIVIMVS<g ref="char:punc">▪</g>
NIHIL OPINIONIS GRATIA. OMNIA
CONSCENTIAE FACIAM</p>
               </figure>
            </p>
         </div>
      </front>
      <body>
         <div n="1" type="volume">
            <div n="1" type="book">
               <pb n="1" facs="tcp:58903:27"/>
               <head>DVCTOR DVBITANTIVM,
OR,
The Rule of Conscience.</head>
               <head>THE FIRST BOOK. Of Conscience, the kindes of it, and the
general Rules of conducting them.</head>
               <div n="1" type="chapter">
                  <head>CHAP. I. The Rule of Conscience in general.</head>
                  <div n="1" type="rule">
                     <head>RULE 1. Conscience is the minde of a Man governed by a
Rule, and measured by the proportions of good
and evil, in order to practice; <hi>viz.</hi> to conduct all
our relations, and all our entercourse between
God, our Neighbours, and our Selves: that is,
in all moral actions.</head>
                     <p>
                        <seg rend="decorInit">G</seg>OD governs the world by several attributes and ema<g ref="char:EOLhyphen"/>nations
from himself.<note place="margin">§. 1.</note> The nature of things is supported
by his power, the events of things are ordered by his
providence, and the actions of reasonable creatures are
governed by Laws, and these Laws are put into a mans
soul or minde as into a Treasury or Repository: some
in his very nature, some by after actions, by education
and positive sanction,<note place="margin">Lib. de interi<g ref="char:EOLhyphen"/>ori domo.</note> by learning and custome: so that
it was well said of S. <hi>Bernard, Conscientia candor est lucis aeternae, &amp; speculum
sine macula Dei Majestatis, &amp; imago bonitatis illius.</hi> Conscience is the bright<g ref="char:EOLhyphen"/>ness
and splendor of the eternal light, a spotless mirror of the Divine Maje<g ref="char:EOLhyphen"/>sty,
and the image of the goodness of God. It is higher which <hi>Tatianus</hi> said
of Conscience, <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>, <hi>Conscience is God unto us;</hi> which
saying he had from <hi>Menander,</hi>
                        <q>
                           <gap reason="foreign">
                              <desc>〈 in non-Latin alphabet 〉</desc>
                           </gap>,</q>
and it had in it this truth, That God who is every where in several manners,
hath the <hi>appellative</hi> of his own attributes and effects in the several manners
of his presence.
<q>Jupiter est quodcunque vides, quocunque moveris.</q>
                     </p>
                     <p>
                        <pb n="2" facs="tcp:58903:28"/>
That providence which governs all the world is nothing else but God pre<g ref="char:EOLhyphen"/>sent
by his providence:<note place="margin">2.</note> and God is in our hearts by his Laws: he rules in
us by his <hi>Substitu<gap reason="illegible" resp="#TECH" extent="1 letter">
                              <desc>•</desc>
                           </gap>e</hi> our conscience. <hi>God</hi> sits there and gives us laws; and as God
said to <hi>Moses,</hi>
                        <note place="margin">Exod. 7. 1.</note> 
                        <hi>I have made thee a God to Pharaoh,</hi> that is, to give him Laws, and
to minister in the exec<gap reason="illegible" resp="#TECH" extent="1 letter">
                           <desc>•</desc>
                        </gap>tion of those Laws, and to inflict angry sentences upon
him; so hath God done to us. He hath given us <hi>Conscience</hi> to be in Gods
stead to us, to give us Laws, and to exact obedience to those Laws, to punish
them that prevaricate, and to reward the obedient. And therefore <hi>Consci<g ref="char:EOLhyphen"/>ence</hi>
is called <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>, <hi>The Houshold
Guardian, The Domestick God, The Spirit or Angel of the place:</hi> and when we call
god to witness, we onely mean, that our conscience is right, and that God
and Gods Vicar,<note place="margin">Lib. 6. de vero cultu. cap. 24.</note> our conscience knows it. So <hi>Lactantius: Meminerit Deum
se habere testem, id est, ut ego arbitror, mentem suam, quâ nihil homini dedit Deus
ipse divinius.</hi> Let him remember that he hath God for his witness, that is, as I
suppose, his mind; then which God hath given to man nothing that is
more divine. In summe, <hi>It is the image of God;</hi> and as in the mysterious <hi>Tri<g ref="char:EOLhyphen"/>nity,</hi>
we adore the <hi>will, memory</hi> and <hi>understanding,</hi> and <hi>Theology</hi> contemplates
<hi>three persons</hi> in the <hi>analogies, proportions</hi> and <hi>correspondencies</hi> of them: so in
this also we see plainly that <hi>Conscience</hi> is <hi>that likeness of God</hi> in which he was
pleased to make man. For although conscience be primarly founded in the
understanding, as it is the <hi>Lawgiver,</hi> and <hi>Dictator;</hi> and the rule and domini<g ref="char:EOLhyphen"/>on
of conscience <hi>fundatur in intellectu,</hi> is established in the <hi>understanding</hi> part;
yet it is also <hi>Memory,</hi> when it <hi>accuses</hi> or <hi>excuses,</hi> when it makes joyful and
sorrowful; and there is in it some mixture of <hi>will,</hi> as I shall discourse in the
sequel; so that conscience is a result of all, <hi>of Understanding, Will,</hi> and <hi>Memory.</hi>
                     </p>
                     <p>But these high and great expressions are better in the Spirit then in the let<g ref="char:EOLhyphen"/>ter;<note place="margin">3.</note>
they have in them some<gap reason="illegible" resp="#TECH" extent="1 letter">
                           <desc>•</desc>
                        </gap>hing of institution, and some<gap reason="illegible" resp="#TECH" extent="1 letter">
                           <desc>•</desc>
                        </gap>hing of design,
they tell us that Conscience is a guard and a guide, a rule and a law set over us
by God, and they are spoken to m<gap reason="illegible" resp="#TECH" extent="1 letter">
                           <desc>•</desc>
                        </gap>ke us afraid to sin against our conscience,
because by so doing we sin against God; he having put a double bridle upon
us, <hi>society</hi> and <hi>solitude,</hi> that is, <hi>company,</hi> and <hi>our selves,</hi> or rather, <hi>God</hi> and <hi>Man;</hi>
it being now impossible for us to sin in any circumstances, but we shall have a
reprover: <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>,
as <hi>Hierocles</hi> said well; that neith<gap reason="illegible" resp="#TECH" extent="1 letter">
                           <desc>•</desc>
                        </gap>r <hi>company</hi> may
g<gap reason="illegible" resp="#TECH" extent="1 letter">
                           <desc>•</desc>
                        </gap>ve <hi>countena<gap reason="illegible" resp="#TECH" extent="1 letter">
                              <desc>•</desc>
                           </gap>ce</hi> or <hi>excuse</hi> to sin, or <hi>solitariness</hi> may give <hi>confidence</hi> or <hi>war<g ref="char:EOLhyphen"/>ranty;</hi>
for <gap reason="illegible" resp="#TECH" extent="1 letter">
                           <desc>•</desc>
                        </gap>s we are ashamed to sin in company, so we ought to fear our con<g ref="char:EOLhyphen"/>science,
which is Gods <hi>Watchman</hi> and <hi>Intelligencer.</hi>
                     </p>
                     <p>To which purpose it was soberly spoken of <hi>Tertullian,</hi>
                        <note place="margin">4.</note> 
                        <hi>Conscientia optima
testis Divinitatis;</hi>
                        <note place="margin">Lib. de testi<g ref="char:EOLhyphen"/>mon. animae.</note> our conscience is the best argument in the world to prove
there is a God: For conscience is Gods deputy; and the inferiour must sup<g ref="char:EOLhyphen"/>pose
a superiour; and God and our conscience are like relative terms, it not
being imaginable why some persons in some cases should be am<gap reason="illegible" resp="#TECH" extent="1 letter">
                           <desc>•</desc>
                        </gap>z'd and
troubled in their minds for their having done a secret turp<gap reason="illegible" resp="#TECH" extent="1 letter">
                           <desc>•</desc>
                        </gap>tude, o<gap reason="illegible" resp="#TECH" extent="1 letter">
                           <desc>•</desc>
                        </gap> cruelty;
but that conscience is present with a message from God, and the men feel in<g ref="char:EOLhyphen"/>ward
causes of fear, when they are secure from without; that is, they are
forc'd to fear God, when they are safe from men. And it is impossible that any
man should be an Atheist, if he have any conscience: and for this reason it
is, there have been so few Atheists in the world, because it is so hard for men to
lose their conscience wholly.</p>
                     <p>
                        <pb n="3" facs="tcp:58903:28"/>
Quest.</p>
                     <p>SOme dispute whether it be possible or no for any man to be totally with<g ref="char:EOLhyphen"/>out
conscience.<note place="margin">5.</note> 
                        <hi>Tertullians</hi> sentence in this article is this, <hi>Potest obumbrari
quia non est Deus: extingui non potest quia à Deo est.</hi> It is not God, and there<g ref="char:EOLhyphen"/>fore
may be clouded: but it is from God, and therefore cannot be destroyed.
But I know a man may wholly lose the use of his reason; some men are
mad, and some are natural fools, and some are sots, and stupid; such men
as these lose their <hi>conscience,</hi> as they lose their <hi>reason:</hi> and as some mad men
may have a fancy that there is no Sun; so some fools may say there is no
God; and as they can believe that, so they can lose their conscience, and be<g ref="char:EOLhyphen"/>lieve
this. But as he that hath reason or his eyes cannot deny but there is
such a thing as the Sun, so neither can he that hath conscience deny there is
a God. For as the Sun is present by his light which we see daily, so is God by
our conscience which we feel continually: we feel one as certainly as the
other.</p>
                     <p>But it is to be observed,<note place="margin">6.</note> that conscience is sometimes taken for the <hi>pra<g ref="char:EOLhyphen"/>ctical
intellective</hi> faculty; so we say the law of nature, and the fear of God
is <hi>written in the conscience</hi> of every man.</p>
                     <p>2. Sometimes it is taken for the habitual perswasion and belief of the
principles written there; so we say, He is a good man, and <hi>makes conscience of
his ways.</hi> And thus we also say, and it is true, that a wicked person is of a
profligate and <hi>lost conscience.</hi> He <hi>hath no conscience in him.</hi> That is, he hath lost
the habit, or that usual perswasion and recourse to conscience by which good
men govern their actions.</p>
                     <p>3. Or the word conscience is used effectively, for any single operation and
action of conscience: so we speak of particulars, <hi>I make a conscience of taking
up arms</hi> in this cause. Of the first and last acceptation of the word Consci<g ref="char:EOLhyphen"/>ence,
there is no doubt; for the <hi>last may,</hi> and the <hi>first can never</hi> be lost: But
for the <hi>second,</hi> it may be lost more or less, as any other habit can; though this
with more difficulty then any thing else, because it is founded so immediately
in nature, and is so exercised in all the actions and entercourses of our life,
and is so assisted by the grace of God, that it is next to impossible to lose
the habit intirely; and that faculty that shall to eternal ages doe the offices
which are the last, and such as suppose some preceding actions, I mean to tor<g ref="char:EOLhyphen"/>ment
and afflict them for not having obeyed the former acts of dictate and
command, cannot be supposed to die in the principle, when it shall be eternal
in the emanation; for <hi>the worm shall never die.</hi>
                     </p>
                     <p>For,<note place="margin">7.</note> that men doe things against their conscience, is no otherwise then as
they doe things against their reason; but a man may as well cease to be a man,
as to be wholly without conscience. For the drunkard will be sober, and his
conscience will be awake next morning: This is a perpetual pulse, and though
it may be interrupted, yet if the man be alive, it will beat before he dies;
and so long as we beleeve a God, so long our conscience will at least teach
us, if it does not also smite us: But as God sometimes lets a man go on in sin
and does not punish him, so does conscience; but in this case, unless the man be
smitten and awakened before he dies, both God &amp; the conscience reserve their
wrath to be inflicted in hell. It is one and the same thing; <hi>Gods wrath, and
an evil guilty conscience:</hi> For by the same hand by which God gives his law,
by the same he punishes them that transgress the law. God gave the old law
<hi>by the ministery of Angels,</hi>
                        <note place="margin">Psal. 78. 49.</note> and when the people broke it, <hi>he sent evil angels among
<pb n="4" facs="tcp:58903:29"/>
them;</hi> now God gives us a law in our consciences, and there he hath establi<g ref="char:EOLhyphen"/>shed
the penalty; This is the <hi>worm that never dies;</hi> let it be trod upon never
so much here, it will turn again. It cannot die here, and it shall be alive
for ever.</p>
                     <p>But by explicating the parts of the Rule, we shall the best understand the
Nature, Use, and Offices of Conscience.
<q>Conscience is the minde of a Man—</q>
                     </p>
                     <p>When God sent the B. Jesus into the world to perfect all righteousness,<note place="margin">7.</note>
and to teach the world all his Fathers will,<note place="margin">Heb. 10. 16.</note> it was said, and done, <hi>I will give
my laws in your hearts,</hi>
                        <note place="margin">Jer. 31. 33.</note> 
                        <hi>and in your mindes will I write them;</hi> that is, you shall be
governed by the law of natural and essential equity and reason, by that law
which is put into every mans nature: and besides this, whatsoever else shall be
superinduc'd shall be written in your minds by the Spirit, who shall write all
the laws of Christianity in the Tables of your consciences. He shall make
you to understand them, to perceive their relish, to remember them because
you love them, and because you need them, and cannot be happy without
them: he shall call them to your minde, and inspire new arguments and in<g ref="char:EOLhyphen"/>ducements
to their observation, and make it all as naturall to us, as what
we were born with.</p>
                     <p>
                        <hi>Our minde being thus furnished with a holy Rule,</hi>
                        <note place="margin">8.</note> 
                        <hi>and conducted by a
divine Guide, is called</hi> Conscience; <hi>and is the same thing which in Scripture is
sometimes called,</hi> The heart<note n="*" place="margin">Eccles. 7. 22. 1 John 3. 21.</note>; <hi>there being in the Hebrew tongue, no proper
word for</hi> Conscience, <hi>but in stead of it they use the word</hi> 
                        <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap> the heart; Often<g ref="char:EOLhyphen"/>tentimes
also thine own heart knoweth,<note place="margin">Apud Syros conscientia dicitur <gap reason="foreign">
                              <desc>〈 in non-Latin alphabet 〉</desc>
                           </gap> à radice <gap reason="foreign">
                              <desc>〈 in non-Latin alphabet 〉</desc>
                           </gap> for<g ref="char:EOLhyphen"/>mavit, depinxit, descripsit; quia scil. conscientia notat &amp; pingit actiones nostras in tabula cor<g ref="char:EOLhyphen"/>dis.</note> 
                        <hi>that is, thy conscience
knoweth, that thou they self hast cursed others: so in the New
Testament,</hi> Beloved, if our hearts condemne us not, then have we peace
towards God; viz. <hi>If in our own consciences we are not condem<g ref="char:EOLhyphen"/>ned.
Sometimes it is called</hi> Spirit<note n="*" place="margin">Prov. 18. 14.</note>, <hi>the third ingredient of the
constitution of a Christian; the</hi> Spirit, <hi>distinct from</hi> Soul <hi>and</hi> Body. <hi>For as
our Body shall be spiritual in the resurrection, therefore because all its offices
shall</hi> intirely <hi>minister to the spirit, and converse with spirits, so may that part
of the soul which is wholly furnished, taught and conducted by the spirit of
grace, and whose work it is wholly to serve the spirit, by a just proportion of
reason be called</hi> the Spirit.<note place="margin">Heb. 4. 12.</note> 
                        <hi>This is that which is affirmed by S.</hi> Paul, The word
of God sharper then a two edged sword, dividing the soul and the spirit; <hi>that is,
the soul is</hi> the spirit <hi>separated by the word of God, instructed by it, and by
relation to it, is called,</hi> the spirit.<note place="margin">In epist. ad Rom. cap. 2. lib. 2.</note> 
                        <hi>And this is the sense of</hi> Origen, <q>Testimonio
sanè conscientiae uti Apostolus dicit eos qui descriptam continent in cordibus le<g ref="char:EOLhyphen"/>gem,
&amp;c. The Apostle says, that they use the testimony of conscience, who have the
law written in their hearts. Hence it is necessary to enquire what that is which the
Apostle cals conscience, whether it be any other substance then the heart or soul?
For of this it is otherwhere said, that it reprehends, but is not reprehended, and
that it judges a man, but it self is judged of no man: as <hi>John</hi> saith, If our con<g ref="char:EOLhyphen"/>science
condemne us not, then have we confidence towards God. And again, <hi>Paul</hi>
himself saith in another place, Our glorying is this, even the testimony of our con<g ref="char:EOLhyphen"/>science;
because therefore I see so great a liberty of it, that in good things it is
always glad and rejoyces, but in evil things it is not reproved, but reproves and
corrects the soul it self to which it does adhere: I doe suppose that this is the
very spirit which by the Apostle is said to be with the soul, as a paedagogue and
<pb n="5" facs="tcp:58903:29"/>
social Governour, that it may admonish the soul of better things, and chastise her
for her faults and reprove her: Because no man knows the things of a man but
the spirit of a man which is in him; and that is the spirit of our conscience, con<g ref="char:EOLhyphen"/>cerning
which, he saith, That spirit gives testimony to our spirit.</q> 
                        <hi>So far</hi> Origen.</p>
                     <p>Thus,<note place="margin">9.</note> Conscience is the <hi>Minde,</hi> and God <hi>writing his laws in our mindes</hi>
is, informing our conscience, and furnishing it with laws and rules, and mea<g ref="char:EOLhyphen"/>sures,
and it is called by S. <hi>Paul,</hi>
                        <note place="margin">Rom. 7. 23.</note> 
                        <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>, <hi>the law of the minde;</hi> and
though it is once made a distinct thing from the minde (as in those words,<note place="margin">Titus 3. 1<gap reason="illegible" resp="#TECH" extent="1 letter">
                              <desc>•</desc>
                           </gap>.</note>
                        <hi>Their mindes and consciences are defiled</hi>) yet it happens in this word as in divers
others, that it is sometimes taken largely, sometimes specifically and more de<g ref="char:EOLhyphen"/>terminately:
The <hi>minde</hi> is all the whole understanding part, it is the <hi>memory;</hi>
so <hi>Peter called to minde the word that Jesus spake,</hi>
                        <note place="margin">Marc. 14. 72.</note> that is, he remembred it. It is,
the <hi>signification</hi> or <hi>meaning,</hi> the <hi>purpose</hi> or <hi>resolution. No man knoweth the minde
of the spirit,</hi>
                        <note place="margin">Philip. 2. 5.</note> 
                        <hi>but the spirit.</hi>
                        <note place="margin">1 Co<gap reason="illegible" resp="#TECH" extent="1 letter">
                              <desc>•</desc>
                           </gap>. 2. 16.</note> It is the discursive or reasoning part;<note place="margin">Luc. 1. 29.</note> 
                        <hi>Mary cast in her
minde what manner of salutation this should be.</hi> It is the assenting and determi<g ref="char:EOLhyphen"/>ning
part;<note place="margin">Rom. 14. 5.</note> 
                        <hi>let every man be fully perswaded in his own minde:</hi> and it is also
taken for <hi>Conscience,</hi> or that Treasure of rules which are in order to practice.
And therefore when S. <hi>Paul</hi> intended to express the anger of God punish<g ref="char:EOLhyphen"/>ing
evil men with evil consciences and false perswasions in order to cri<g ref="char:EOLhyphen"/>minal
actions and evil worshippings, he said, <hi>God gave them over</hi> 
                        <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>,
<hi>to a reprobate minde,</hi>
                        <note place="margin">Rom. 1. 28.</note> that is, to a conscience evil perswaded, furnished
with false practical principles; but the return to holiness, and the improve<g ref="char:EOLhyphen"/>ment
of a holy conscience is called,<note place="margin">Ephes 4. 23.</note> 
                        <hi>a being renewed in the spirit of our minde,</hi>
                        <note place="margin">Rom. 12. 2.</note>
                        <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>, <hi>the renovation of the minde.</hi>
                     </p>
                     <p>Now there are two ways by which God reigns in the <hi>minde</hi> of a man,<note place="margin">10.</note>
1. <hi>Faith,</hi> and 2. <hi>Conscience. Faith</hi> contains all the treasures of Divine know<g ref="char:EOLhyphen"/>ledge
and speculation. <hi>Conscience</hi> is the treasury of divine Commandements
and rules in practical things. <hi>Faith</hi> tells us <hi>why; Conscience</hi> tells us <hi>what</hi>
we are to doe. <hi>Faith</hi> is the measure of our <hi>perswasions; Conscience</hi> is the
measure of our <hi>actions.</hi> And as <hi>Faith</hi> is a gift of God, so is <hi>Conscience;</hi> that
is, as the understanding of a man is taught by the Spirit of God in Scripture,
what to beleeve, how to distinguish truth from errors; so is the <hi>Conscience</hi> in<g ref="char:EOLhyphen"/>structed
to distinguish good and evil, how to please God, how to doe justice
and charity to our neighbour, and how to treat our selves; so that when the
revelations of Christ and the Commandements of God are fully recorded in
our mindes, then we are <hi>perfectly instructed to every good work.</hi>
                     </p>
                     <p>
                        <hi>Governed by a Rule—</hi>
                     </p>
                     <p>S. <hi>Bernard</hi> comparing the <hi>Conscience</hi> to a house,<note place="margin">11.</note> says it stands upon se<g ref="char:EOLhyphen"/>ven
pillars.<note place="margin">De interiori domo cap. <gap reason="illegible" resp="#TECH" extent="1 letter">
                              <desc>•</desc>
                           </gap>.</note> 1. Good will. 2. Memory of Gods benefits. 3. A clean heart.
4. A free spirit. 5. A right soul. 6. A devout minde. 7. An enlightned rea<g ref="char:EOLhyphen"/>son.
These indeed are some of them the fruits and effects, some of them are
the annexes and appendages of <hi>a good conscience,</hi> but not the foundations or
pillars upon which Conscience is built. For as for the first</p>
                     <p>
                        <hi>Good will.</hi>
                     </p>
                     <p>Conscience relies not at all upon the will <hi>directly.</hi>
                        <note place="margin">12.</note> For though a <hi>Conscience</hi>
is <hi>good,</hi> or <hi>bad, pure</hi> or <hi>impure;</hi> and so the Doctors of <hi>Mystick Theology</hi> divide
and handle it, yet a conscience is not made so by the <hi>will, formally,</hi> but by
<pb n="6" facs="tcp:58903:30"/>
the <hi>understanding.</hi> For that is <hi>a good conscience,</hi> which is rightly taught in the
word of life; that is <hi>impure and defiled,</hi> which hath entertained evil and un<g ref="char:EOLhyphen"/>godly
principles; such is theirs, who follow false lights, evil teachers, <hi>men of
corrupt minds.</hi> For the <hi>conscience</hi> is a <hi>Judge</hi> and a <hi>Guide,</hi> a <hi>Monitor</hi> and a <hi>Wit<g ref="char:EOLhyphen"/>ness,</hi>
which are offices of the <hi>knowing,</hi> not of the <hi>choosing</hi> faculty. <hi>Spiritum cor<g ref="char:EOLhyphen"/>rectorem,
&amp; paedagogum animae,</hi> so <hi>Origen</hi>
                        <note n="a" place="margin">Ubi supsa.</note> calls it. <hi>The instructor of the soul, the
spirit,</hi>
                        <note place="margin">In Psal. 48.</note> 
                        <hi>the corrector. Naturale judicatorium,</hi> or <hi>naturalis vis judicandi,</hi> so S. <hi>Basil.
The natural power of judging,</hi> or <hi>natures judgement seat. Lucem intellectus no<g ref="char:EOLhyphen"/>stri,</hi>
so <hi>Damascen</hi> cals it, <hi>The light of our understanding.</hi> The conscience does
accuse or excuse a man before God, which the will cannot. If it could, we
should all stand upright at doomesday, or at least those would be acquitted,
who fain would doe well, but miss, who do the things they love not, and love
those they doe not; that is, <hi>they who strive to enter in, but shall not be able.</hi> But
to accuse or excuse is the office of a faculty which can neither will nor choose,
that is, of the conscience; which is properly a record, a book, and a judge<g ref="char:EOLhyphen"/>ment
seat.</p>
                     <p>But I said,<note place="margin">13.</note> 
                        <hi>Conscience relies not upon the will [directly]</hi> yet it cannot be
denied, but the <hi>will</hi> hath force upon the conscience <hi>collaterally</hi> and <hi>indirectly.</hi>
For the evil will perverts the understanding, and makes it beleeve false prin<g ref="char:EOLhyphen"/>ciples;
<hi>deceiving and being deceived</hi> is the lot of false Prophets; and they
that are <hi>given over to beleeve a lie,</hi> will live in a lie, and doe actions relative
to that false doctrine which evil manners first perswaded and introduc'd. For
although it cannot be that Hereticks should sin in the article against the actual
light of their consciences, because he that wittingly and willingly sins against
a known truth is not properly a <hi>Heretick</hi> but a <hi>Blasphemer,</hi> and sins against the
Holy Ghost; and he that sees a Heretick run to the stake or to the gallows, or
the <hi>Donatist</hi> kill himself, or the <hi>Circumcellian</hi> break his own neck with as much
confidence to bear witness to his heresie, as any of the blessed Martyrs to
give testimony to Christianity it self, cannot but think he heartily beleeves,
what so willingly he dies for; yet either hereticks do sin voluntarily, and so<gap reason="illegible" resp="#TECH" extent="1 letter">
                           <desc>•</desc>
                        </gap>
distinguish from simple errors, or else they are the same thing, and either
every simple error is damnable, or no heresie. It must therefore be ob<g ref="char:EOLhyphen"/>served,
that</p>
                     <p>The will of man is cause of its actions either <hi>mediately</hi> or <hi>immediately.</hi>
                        <note place="margin">14.</note>
Some are the next products of our will; such are <hi>Pride, Ambition, Prejudice,</hi>
and these blinde the understanding, and make an evil and a corrupted consci<g ref="char:EOLhyphen"/>ence,
making it an incompetent judge of truth and error, good and evil. So
that the corruption of conscience in a heretick is voluntary in the principle,
but miserable and involuntary in the product; it may proceed from the will
<hi>efficiently,</hi> but it is <hi>formally</hi> a depravation of the understanding.</p>
                     <p>And therefore our wils also must be humble and apt,<note place="margin">15.</note> and desirous to learn,
and willing to obey. <hi>Obedite &amp; intelligetis,</hi> by humility and obedience we shall
be best instructed. Not that by this means the conscience shall receive direct
aids, but because by this means it will be left in its own aptnesses and dispo<g ref="char:EOLhyphen"/>sitions,
and when it is not hindred, the word of God will enter and dwel upon
the conscience. And in this sense it is that some say that <hi>[Conscience is the
inclination and propension of the will corresponding to practical knowledge] Will</hi>
and <hi>Conscience</hi> are like the <hi>cognati sensus,</hi> the <hi>Touch</hi> and the <hi>Tast;</hi> or the <hi>Teeth</hi>
and the <hi>Eares,</hi> affected and assisted by some common objects, whose effect is
<pb n="7" facs="tcp:58903:30"/>
united in matter and some reall events, and distinguished by their formalities,
or metaphysical beings.</p>
                     <p>
                        <hi>2. Memory of Gods benefits,</hi>
                     </p>
                     <p>Is indeed a good ingagement to make us dutiful,<note place="margin">16.</note> and so may incline the
will; but it hath no other force upon the conscience but that it re-minds us of
a special obligation to thankfulness, which is a new and proper tie of duty;
but it works onely by a principle that is already in the conscience, <hi>viz. that
we are specially oblig'd to our gracious lords;</hi> and the obedience that is due to
<hi>God</hi> as our <hi>lord</hi> doubles upon us by love and zeal when we remember him to
be our bountiful Patron, and our gracious Father.</p>
                     <p>
                        <hi>3. A clean heart,</hi>
                     </p>
                     <p>May be an effect and emanation from a holy <hi>Conscience;</hi>
                        <note place="margin">17.</note> but <hi>conscience</hi>
in it self may be either good or bad, or it may be good when the heart is not
clean, as it is in all the worst men who actually sin against conscience, doing
that which conscience forbids them. In these men the principles are holy,
the instruction perfect, the law remaining, the perswasions uncancell'd; but
against all this torrent, there is a whirlwinde of passions and filthy resolutions,
and wilfulness, which corrupt the heart, while as yet the head is uncorrupted
in the direct rules of conscience. But yet sometimes a clean conscience and
a clean heart are the same; and a good conscience is taken for holiness, so
S. <hi>Paul</hi> uses the word,<note place="margin">1 Tim. 1. v. 1<gap reason="illegible" resp="#TECH" extent="1 letter">
                              <desc>•</desc>
                           </gap>.</note> 
                        <hi>holding faith and a good conscience, which some having put
away have made shipwrack,</hi> 
                        <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>, so
<hi>Clemens Alexandrinus</hi> explicates the place; they have by infidelity polluted
their divine and holy conscience: but S. <hi>Paul</hi> seems to argue otherwise, and
that they laying aside a good conscience fell into infidelity; their hearts and
conscience were first corrupted, and then they turn'd hereticks. But this sense
of a good conscience is that which in <hi>Mystick Divinity</hi> is more properly hand<g ref="char:EOLhyphen"/>led,
in which sense also it is sometimes used in the law. <hi>Idem est conscientia quod
vir bonus intrinsecè,</hi> said <hi>Ungarellus</hi>
                        <note n="a" place="margin">Verb. Con<g ref="char:EOLhyphen"/>s<gap reason="illegible" resp="#TECH" extent="1 letter">
                              <desc>•</desc>
                           </gap>ientia.</note> out of <hi>Baldus</hi>
                        <note n="b" place="margin">In c<gap reason="illegible" resp="#TECH" extent="1 letter">
                              <desc>•</desc>
                           </gap>cum cau sa de Testi.</note>; and from thence <hi>Aretine</hi>
                        <note n="c" place="margin">In §. s<gap reason="illegible" resp="#TECH" extent="1 letter">
                              <desc>•</desc>
                           </gap>d iste. Instu. de Act. Gl. in c. Sta<g ref="char:EOLhyphen"/>tut. §. assess. de<g ref="char:EOLhyphen"/>tent.</note>
gathered this conclusion, that <hi>if any thing be committed to the conscience of any
one, they must stand to his determination &amp; ab eâ appellari non potest; there lies no
appeal, quia vir bonus pro quo sumitur conscientia non potest mentiri &amp; falsum di<g ref="char:EOLhyphen"/>cere
vel judicare.</hi> A good man, for whom the word <hi>conscience</hi> is used, cannot
lie, or give a false judgement or testimony: of this sort of conscience it is
said by <hi>Ben Sirach,</hi>
                        <note place="margin">Ecclus. 13. 30, alia<gap reason="illegible" resp="#TECH" extent="1 letter">
                              <desc>•</desc>
                           </gap> 24.</note> 
                        <hi>Bonam substantiam habet cui non est peccatum in conscientiâ.</hi>
It is a mans wealth to have no sin in our conscience. But in our present and
future discourses, the word <hi>conscience</hi> is understood in the Philosophical sense,
not in the Mystical, that is, not for the conscience as it is invested with the acci<g ref="char:EOLhyphen"/>dents
of good or bad, but as it abstracts from both, but is capable of either.</p>
                     <p>
                        <hi>4. A free spirit,</hi>
                     </p>
                     <p>Is the blessing and effect of an obedient will to a well instructed conscience,<note place="margin">18.</note>
and more properly and peculiarly to the grace of chastity, to honesty and sim<g ref="char:EOLhyphen"/>plicity;
a slavish, t<gap reason="illegible" resp="#TECH" extent="1 letter">
                           <desc>•</desc>
                        </gap>morous, a childish and a trifling spirit being the punishment
inflicted upon <hi>David</hi> before he repented of his fact with <hi>Bathsheba.</hi> But there
is also a freedom which is properly the privilege, or the affection of conscience,
and is of great usefulness to all its nobler operations; and that is, a being
clear from prejudice and prepossession, a pursuing of truths with holy purpo<g ref="char:EOLhyphen"/>ses,
an inquiring after them with a single eye, not infected with any sickness
or unreasonableness. This is the same thing with that which he distinctly
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cals <hi>[A right soul]</hi> To this is appendant also, that the conscience cannot be
constrained, it is of it self <hi>a free spirit,</hi> and is subject to no commands, but
those of reason and religion. God onely is the Lord of our conscience, and the
conscience is not to subject it self any more to the Empire of sin, to the law of
<hi>Moses,</hi> to a servile spirit, but to the laws of God alone, and the obedience of
Jesus, willingly, chearfully, and <hi>in all instances,</hi> whether the Commandement
be conveyed by the holy Jesus, or by his Vicegerents. But of this I shall af<g ref="char:EOLhyphen"/>terwards
give particular accounts.</p>
                     <p>
                        <hi>5. A devout minde,</hi>
                     </p>
                     <p>May procure more light to the conscience,<note place="margin">19.</note> and assistances from the spirit
of wisdome in cases of difficulty, and is a good remedy against a doubting and
a scrupulous conscience; but this is but indirect, and by the intermission of
other more immediate and proper entercourses.</p>
                     <p>6.<note place="margin">20.</note> But the last is perfectly the foundation of conscience.</p>
                     <p>
                        <hi>An enlightned Reason.</hi>
                     </p>
                     <p>To which if we adde what S. <hi>Bernard</hi> before cals a <hi>right soul,</hi> that is, <hi>an honest
heart,</hi> full of simplicity and hearty attention, and ready assent, we have all
that by which the conscience is informed and reformed, instructed and pre<g ref="char:EOLhyphen"/>served
in its just measures, strengths, and relations. For the <hi>Rule of Conscience</hi> is
all that notice of things and rules by which God would have good and evil
to be measured, that is, the will of God communicated to us by any means,
by <hi>reason,</hi> and by <hi>enlightning,</hi> that is, <hi>natural</hi> and <hi>instructed.</hi> So that <hi>conscience</hi>
is <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>, and <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>, it is <hi>principled</hi> by <hi>creation,</hi> and it is instructed
or <hi>illuminated</hi> in the <hi>regeneration.</hi> For God being the fountain of all <hi>good,</hi>
and <hi>good</hi> being nothing but a conformity to him, or to his will, what measures
he makes, are to limit us. No man can make measures of good and evil, any
more then he can make the good it self. Men sometimes give the instance in
which the good is measured; but the <hi>measure</hi> it self is the will of God. For
therefore it is good to obey humane laws, because it is Gods will we should;
and although the man makes the law to which we are to give obedience, yet
that is not the rule. The rule is the Commandement of God, for by it obedi<g ref="char:EOLhyphen"/>ence
is made a duty.</p>
                     <p>
                        <hi>Measured by the proportions of good and evil—</hi>
                     </p>
                     <p>That is,<note place="margin">21.</note> of that which God hath declared to be good or evil respectively,
the conscience is to be informed. God hath taken care that his laws shall be
published to all his subjects, he hath written them where they must needs
read them, not in tables of stone or phylacteries on the forehead, but in a se<g ref="char:EOLhyphen"/>cret
Table: The conscience or minde of a man is the <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>, the pre<g ref="char:EOLhyphen"/>server
of the Court Rols of heaven. But I added this clause, to the former of
<hi>[a Rule]</hi> because the express line of Gods rule is not the adequate measure of
conscience: but there are analogies and proportions, and commensurations of
things with things, which make the measure full and equal. For he does not
always keep a good conscienee who keeps onely the words of a Divine law,
but the proportions also and the reasons of it, the similitudes and correspon<g ref="char:EOLhyphen"/>dencies
in like instances, are the measures of conscience.</p>
                     <p>The whole measure and rule of conscience,<note place="margin">22.</note> The law of God, or Gods
will, signified to us by nature, or revelation, and by the several manners and
<pb n="9" facs="tcp:58903:32"/>
times and parts of its communication it hath obtained several names. The
law of Nature. *The consent of Nations. *Right Reason. *The Deca<g ref="char:EOLhyphen"/>logue.
*The Sermon of Christ. *The Canons of the Apostles. *The laws
Ecclesiastical and Civil of Princes and Governours. *Fame, or the publick
reputation of things, expressed by Proverbs and other instances and measures
of publick honesty. This is
<q>
                           <gap reason="foreign">
                              <desc>〈 in non-Latin alphabet 〉</desc>
                           </gap>,</q>
so <hi>Euripides</hi> cals it, all the rule that teaches us good or evil. These being the
full measures of right and wrong, of lawful and unlawful, will be the Rule of
Conscience, and the subject of the present Books.</p>
                     <p>
                        <hi>In order to practice—</hi>
                     </p>
                     <p>In this,<note place="margin">23.</note> 
                        <hi>conscience</hi> differs from <hi>knowledge,</hi> which is in order to speculation,
and ineffective notices. And it differs from <hi>faith,</hi> because although <hi>faith</hi> is
also in order to practice, yet not directly and immediately: it is a collection
of propositions, the belief of which makes it <hi>necessary</hi> to live well, and <hi>rea<g ref="char:EOLhyphen"/>sonable</hi>
and <hi>chosen.</hi> But before the propositions of <hi>faith</hi> pass into action, they
must be transmitted through another principle, and that is <hi>conscience.</hi> That
Jesus Christ is the Son of God, and our Lord, and our Master, is a proposi<g ref="char:EOLhyphen"/>tion
of faith, and from thence if we pass on to practice, we first take in ano<g ref="char:EOLhyphen"/>ther
proposition; <hi>If he be our lord, where is his fear?</hi> and this is a sentence,
or virtual proposition of conscience. And from hence we may understand
the full meaning of the word <hi>[Conscience.]</hi> 
                        <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>, and <hi>Conscientia,</hi> and
so our English word <hi>Conscience</hi> have in them <hi>Science</hi> or <hi>Knowledge:</hi> the seat of
it is the <hi>Understanding,</hi> the act of it is <hi>Knowing,</hi> but there must be a know<g ref="char:EOLhyphen"/>ing
of more together.</p>
                     <p>
                        <hi>Hugo de S. Victore</hi> says, that <hi>Conscientia est cordis scientia, Conscience is the
knowledge of the heart.</hi> It is so, but certainly this was not the <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap> and origi<g ref="char:EOLhyphen"/>nal
of the word. But there is truth in the following period. <hi>Cor noscit se &amp; alia.
Quando autem se noscit appellatur conscientia, quando praeter se, alia noscit, appel<g ref="char:EOLhyphen"/>latur
scientia.</hi> Knowledge hath for its object any thing without; but when
the <hi>heart</hi> knows it self, then it is <hi>conscience.</hi> So it is used in Authors sacred
and prophane. <hi>Nihil mihi conscius sum,</hi> saith S. <hi>Paul;</hi> I know nothing by my
self; <hi>ut alios lateas, tute tibi conscius eris:</hi> and
<q>
                           <l>—hic murus aheneus esto,</l>
                           <l>Nil conscire sibi—</l>
                        </q>
so <hi>Cicero</hi> to <hi>Marcus Rutilius</hi> uses it; <hi>Cùm &amp; mihi conscius essem quanti te facerem;</hi>
When I my self was conscious to my self how much I did value thee. But
this acception of the word <hi>conscience</hi> is true, but not full and adequate; for
it onely signifies <hi>conscience</hi> as it is a <hi>Witness,</hi> not as a <hi>Guide.</hi> Therefore it is
more reasonable which <hi>Aquinas</hi> and the <hi>Schoolmen</hi> generally use: that con<g ref="char:EOLhyphen"/>science
is a conjunction of the universal practical law with the particular mo<g ref="char:EOLhyphen"/>ral
action: and so it is <hi>scientia cum rebus facti,</hi> and then it takes in that which
is called <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>, or the general repository of moral principles or measures
of good, and the particular cases as reduced to practice. Such as was the case
of S. <hi>Peter</hi> when he denied his Lord: He knew that he ought not to have
done it, and his conscience being sufficiently taught his duty to his Lord, he
also knew that he had done it, and then there followed a <hi>remorse,</hi> a biting,
or gnawing of his spirit, grief, and shame, and a consequent weeping: when
<pb n="10" facs="tcp:58903:33"/>
all these acts meet together, it is the full process of <hi>conscience.</hi>
                     </p>
                     <p>1. The <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap> or the first act of conscience, S. <hi>Hierome</hi> cals <hi>Scintillam
conscientiae,</hi> the spark or fire put into the heart of man.</p>
                     <p>2. The <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>, which is specifically called <hi>conscience</hi> of the deed done, is
the bringing fuel to this fire.</p>
                     <p>3. And when they are thus laid together, they will either shine or burn,
acquit or condemne. But this complication of acts is <hi>conscience.</hi> The first is
Science, <hi>practical science;</hi> but annex the second: or it and the third, and then
it is <hi>conscience.</hi> When <hi>Davids</hi> heart smote him, that is, upon his adultery and
murder, his conscience thus discours'd. Adultery and Murder are high vio<g ref="char:EOLhyphen"/>lations
of the Divine Law, they provoke God to anger, without whom I can<g ref="char:EOLhyphen"/>not
live, whose anger is worse then death. This is practical knowledge, or
the principles of conscience; but the following acts made it up into consci<g ref="char:EOLhyphen"/>ence.
For he remembred that he had betrayed <hi>Uriah</hi> and humbled <hi>Bathsheba,</hi>
and then he begs of God for pardon; standing condemn'd in his own breast,
he hopes to be forgiven by Gods sentence. But the whole process of consci<g ref="char:EOLhyphen"/>ence
is in two practical Syllogisms, in which the method is ever this. The <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>
or <hi>Repository</hi> of practical principles begins, and where that leaves, the
conscience or the witness and Judge of moral actions begins, like <hi>Jacob</hi> laying
<hi>hold upon his elder brothers heel.</hi> The first is this:
<q>
                           <l>Whatsoever is injurious ought not to be done,</l>
                           <l>But to commit adultery is injurious,</l>
                           <l>Therefore it ought not to be done:</l>
                        </q>
This is the Rule of conscience, or the first act of conscience as it is a Rule and
a Guide, and is taken for the <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>, or practical repository. But when an
action is done or about to be done, conscience takes the conclusion of the for<g ref="char:EOLhyphen"/>mer
Syllogism, and applies it to her particular case.
<q>
                           <l>Adultery ought not to be done,</l>
                           <l>This action I go about, or which I have done, is adultery,</l>
                           <l>Therefore it ought not to be done, or to have been done.</l>
                        </q>
This is the full proceeding of this Court; after which many consequent so<g ref="char:EOLhyphen"/>lemnities
and actions do pass, of sentence, and preparatory torments and ex<g ref="char:EOLhyphen"/>ecution.</p>
                     <p>But this I am to admonish,<note place="margin">25.</note> that although this which I have thus defin'd,
is the proper and full sence of the word <hi>Conscience</hi> according to art and proper
acceptation,<note place="margin">Acts 23. 1. &amp; 24. 16.</note> yet in Scripture it is used indifferently for an act of conscience,<note place="margin">Rom. 13. 5.</note> or
any of its parts,<note place="margin">1 Cor. 8. 10. &amp; 19. 12.</note> and does not always signify in its latitude and integrity,<note place="margin">1 Tim. 1. 5. 19. &amp; 3. 9.</note> but
yet it all tends to the same signification;<note place="margin">2 Tim. 1. 3.</note> and though the name be given to
the faculty,<note place="margin">Titus 1. 15.</note> to the habit,<note place="margin">1 Pet. 2. 19. 3. 16.</note> to the act,<note place="margin">Heb. 13. 18.</note> to the object, to the effect, to every ema<g ref="char:EOLhyphen"/>nation
from the minde in things practical, yet still it supposes the same thing:
<hi>viz.</hi> that conscience is the guide of all our moral actions; and by giving the
name to so many acts and parts and effluxes from it, it warrants the defini<g ref="char:EOLhyphen"/>tion
of it when it is united in its own proper and integral constitution.</p>
                     <p>
                        <hi>To conduct all our relations and entercourses between God, our Neighbours
and our Selves; that is, in all moral actions.</hi>
                     </p>
                     <p>This is the final cause of <hi>conscience:</hi>
                        <note place="margin">26.</note> and by this it is distinguished from
<hi>prudence,</hi> which is also a practical knowledge and reduc'd to particular and cir<g ref="char:EOLhyphen"/>cumstantiate
actions. But 1. <hi>Prudence</hi> consists in the things of the world, or
relative to the world; <hi>Conscience</hi> in the things of God, or relating to him.
<pb n="11" facs="tcp:58903:33"/>
2. <hi>Prudence</hi> is about affairs as they are of advantage or disadvantage: <hi>conscience</hi>
is imployed about them as they are honest or dishonest. 3. <hi>Prudence</hi> regards
the circumstances of actions whether moral or civil: <hi>conscience</hi> only regards
moral actions in their substance or essential proprieties. 4. <hi>Prudence</hi> intends to
doe actions dexterously and prosperously: <hi>conscience</hi> is to conduct them <hi>justly</hi>
and according to the Commandement. 5. There are many actions in which
prudence is all at all concerned as being wholly indifferent to this or that
for matter of advantage; but there is no action but must pass under the file and
censure of Conscience; for if we can suppose any action in all its circumstan<g ref="char:EOLhyphen"/>ces
to be wholly indifferent to <hi>good</hi> or <hi>bad;</hi> yet none is so to <hi>lawful</hi> or <hi>unlaw<g ref="char:EOLhyphen"/>ful,</hi>
the very <hi>indifferent,</hi> being therefore <hi>lawful</hi> because it is <hi>indifferent,</hi> and
therefore to be considered by conscience, either <hi>actually</hi> or <hi>habitually:</hi> For
in this sense even our natural actions in their time and place, are also moral,
and where they are not primarily moral, yet they come under conscience, as
being permitted, and innocent; but where ever they are relative to another
person, they put on some more degrees of <hi>morality,</hi> and are of proper cogni<g ref="char:EOLhyphen"/>sance
in this Court.
<q>
                           <l>Qui didicit patriae quid debeat, &amp; quid amicis:</l>
                           <l>Quo sit amore parens,<note place="margin">Horat. de art<gap reason="illegible" resp="#TECH" extent="1 letter">
                                    <desc>•</desc>
                                 </gap> Poet.</note> quo Frater amandus, &amp; Hospes:</l>
                           <l>Quid sit Conscripti, quid Judicis officium: quae</l>
                           <l>Partes in bellum missi Ducis: ille profectò</l>
                           <l>Reddere personae scit convenientiae cuique.</l>
                        </q>
That is the full effect of conscience, to conduct all our relations, all our mo<g ref="char:EOLhyphen"/>ral
actions.</p>
                  </div>
                  <div n="2" type="rule">
                     <head>RULE 2. The duty and offices of Conscience are to dictate,
and to testify or bear witness; to accuse or ex<g ref="char:EOLhyphen"/>cuse;
to loose or binde.</head>
                     <p>THE first and last are the direct acts and offices of Conscience: the o<gap reason="illegible" resp="#TECH" extent="1 letter">
                           <desc>•</desc>
                        </gap>her
are reflex or consequent <hi>actions,</hi> but direct <hi>offices.</hi> The first act which is,</p>
                     <p>
                        <hi>To dictate</hi>
                     </p>
                     <p>Is of that which Divines call the <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>, or the phylactery, the keeper of
the records of the laws, and by it we are taught our duty: God having written
it in our hearts by Nature and by the Spirit, leaves it there, ever plac'd before
the eye of conscience as S. <hi>Bernara</hi> cals it) to be read and used for directions
in all cases of dispute,<note place="margin">Rom. 2. 15.</note> or question or action: this is that which S. <hi>Paul</hi> cals
<hi>the work of the law written in our hearts,</hi> and therefore it is, that to sin against
our conscience is so totally inexcusable, and according to the degree of that
violence which is done against the conscience, puts on degrees. For conscience
dictates whatsoever it is perswaded of, and will not suffer a man to do other<g ref="char:EOLhyphen"/>wise
then it suggests and tels us:
<q>
                           <l>
                              <gap reason="foreign">
                                 <desc>〈 in non-Latin alphabet 〉</desc>
                              </gap>
                              <note place="margin">Iliad. <gap reason="foreign">
                                    <desc>〈 in non-Latin alphabet 〉</desc>
                                 </gap>
                              </note>
                           </l>
                           <l>
                              <gap reason="foreign">
                                 <desc>〈 in non-Latin alphabet 〉</desc>
                              </gap>
                           </l>
                        </q>
said <hi>Achilles</hi> of <hi>Hector</hi> when he was violently angry with him; I would my
conscience would give me leave to eat thy very flesh.</p>
                     <p>
                        <pb n="12" facs="tcp:58903:34"/>
Its universal dictates are ever the most certain, and those are the first prin<g ref="char:EOLhyphen"/>ciples
of justice and religion; and whatsoever else can be infallibly and im<g ref="char:EOLhyphen"/>mediately
inferr'd from thence, are her dictates also, but not primely and di<g ref="char:EOLhyphen"/>rectly,
but transmitted by the hands of reason. The same reason also there is
in clear revelation. For whatsoever is put into the conscience immediately by
God, is plac'd there to the same purpose, and with the same efficiency and per<g ref="char:EOLhyphen"/>swasion
as is all that which is <hi>natural.</hi> And the conscience properly dictates
nothing else, but <hi>prime natural reason,</hi> and <hi>immediate revelation;</hi> whatsoever
<gap reason="illegible" resp="#TECH" extent="2 letters">
                           <desc>••</desc>
                        </gap>es after these two, is reach'd forth to us by <hi>two hands,</hi> one whereof alone is
ministred by conscience. The reason is this: Because all that law by which
God governs is written in our hearts, put there by God immediately, that
is antecedently to all our actions, because it is that by which all our actions are
to be guided, even our discoursings and arguings are to be guided by consci<g ref="char:EOLhyphen"/>ence,
if the argument be moral: now the ways by which God speaks to us
immediately, are onely <hi>Nature</hi> and the <hi>Spirit: Nature</hi> is that principle which
taught all men from the beginning until now; all that prime practical reason
which is perfective of humane nature, and in which all mankinde agrees. Ei<g ref="char:EOLhyphen"/>ther
the <hi>perfections,</hi> or the <hi>renovations,</hi> or the <hi>superadditions</hi> to this are taught
us by the <hi>Holy Spirit,</hi> and all this being written in the conscience by the finger
of God is brought forth upon all occasions of action; and whatsoever is
done against any thing so plac'd, is <hi>directly</hi> and <hi>violently</hi> against the conscience;
but when from thence reason spins a longer thred, and draws it out from the
clue of natural principles or express revelation, that also returns upon the
conscience and is plac'd there as light upon a wall, but not as the stones that
are there: but yet whatever is done against that light is also against conscience
but not so as the other. Just as it is in nature and accident. To eat poison,
and filthiness is against every mans health and stomack; but if by an <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>
a propriety of temper or an evil habit, or accidental inordination, wine,
or fish makes a man sick, then these are against his <hi>nature</hi> too, but not so as
poison is, or stones. Whatever comes into the <hi>conscience primarily,</hi> or <hi>conse<g ref="char:EOLhyphen"/>quently<g ref="char:punc">▪</g>
right</hi> or <hi>wrong,</hi> is brought forth upon occasion of action, and is part of
her dictate: but as a man speaks some things of his own knowledge, some
things by hearsay; so does conscience, somethings she tels from God and her
self, some things from reason and her self, or other accidental notices: <hi>Those</hi>
and <hi>these</hi> do integrate and complete her sermons, but they have several influ<g ref="char:EOLhyphen"/>ence
and obligation according to their proper efficiency. But of this I shall
give f<gap reason="illegible" resp="#TECH" extent="1 letter">
                           <desc>•</desc>
                        </gap>ll accounts in the second Book.</p>
                     <p>
                        <hi>To testifie.</hi>
                     </p>
                     <p>Conscience bears witness of our actions;<note place="margin">3.</note> so S. <hi>Paul, their conscience bearing
witness:</hi> and in this sense,<note place="margin">Rom. <gap reason="illegible" resp="#TECH" extent="1 word">
                              <desc>〈◊〉</desc>
                           </gap>
                        </note> conscience is a practical memory. For as the practi<g ref="char:EOLhyphen"/>cal
knowledge, or notices subjected in the understanding make the <hi>understand<g ref="char:EOLhyphen"/>ing</hi>
to be <hi>conscience;</hi> so the actions of our life recorded in the <hi>memory</hi> and
brought forth to practical judgements, change the <hi>memory</hi> also into <hi>conscience.</hi>
                        <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>. Man differing from brute beasts by the use of reason, it is not
likely he should be a stranger to his own actions as the beasts are, but that the
evil which is done should be recalled to their minde with the signification of
some displeasure.<note place="margin">
                           <gap reason="illegible" resp="#TECH" extent="1 word">
                              <desc>〈◊〉</desc>
                           </gap>. 6.</note> So <hi>Polybius</hi> discourses of the reason and the manner of <hi>con<g ref="char:EOLhyphen"/>science.</hi>
                     </p>
                     <p>
                        <pb n="13" facs="tcp:58903:34"/>
Every <hi>knowing faculty</hi> is the seat of conscience.<note place="margin">4.</note> and the same faculty
when it is furnished with speculative notions retains its natural and proper
name of <hi>Understanding,</hi> or <hi>Memory;</hi> but as the same is instructed with notices
in order to judgements practical, so it takes the <hi>Christian name</hi> of <hi>Conscience,</hi>
The <hi>Voltitive</hi> or <hi>choosing faculty</hi> cannot, but the <hi>intellectual</hi> may. And this is
that Book which at Doomsday shall be brought forth and laid open to all the
world. The <hi>Memory</hi> chang'd into <hi>Conscience</hi> preserves the notices of some
things, and shall be reminded of others, and shall doe that work intirely and
perfectly, which now it does imperfectly and by parts, according to the words
of S. <hi>Paul,</hi>
                        <note place="margin">1 Cor. 13 12.</note> 
                        <hi>Then shall we know as we are known,</hi> that is, as God knows us now,
so then shall we see and know our selves.<note place="margin">Cicero 2. Tu<g ref="char:EOLhyphen"/>scul.</note> 
                        <hi>Nullum theatrum virtuti conscientiâ
majus,</hi> shall then be highly verified. Our conscience will be the great Scene
or Theatre upon which shall be represented all our actions good and bad. It
is Gods Book,<note place="margin">De Inter. dom. lib. 2. cap. ult.</note> the Book of life or death. According to the words of S. <hi>Ber<g ref="char:EOLhyphen"/>nard,
Ex his quae scripta erunt in libris nostris judicabimur: &amp; ideò scribi debent
secundùm exemplar libri vitae, &amp; si sic scripti non sunt, saltem corrigendi sunt.</hi> We
shall be judged by that which is written in our own books (the books of con<g ref="char:EOLhyphen"/>science)
and therefore they ought to be written according to the copy of the
book of life; and if they be not so written, yet they ought to be so corrected.</p>
                     <p>Consequently to these the conscience does<note place="margin">5.</note>
                     </p>
                     <p>
                        <hi>Accuse <hi>or</hi> Excuse.</hi>
                     </p>
                     <p>So S. <hi>Paul</hi> joyns them as consequent to the former;<note place="margin">Rom. 2. 1<gap reason="illegible" resp="#TECH" extent="1 letter">
                              <desc>•</desc>
                           </gap>.</note> 
                        <hi>Their conscience bearing
witness, and their thoughts in the mean time accusing or excusing one another. Si opti<g ref="char:EOLhyphen"/>morum
consiliorum atque factorum testis in omni vita nobis conscientia fuerit,</hi>
                        <note place="margin">Cicero pro Cluentio.</note> 
                        <hi>sine
ullo metu summa cum honestate vivemus.</hi> If our conscience be the witness that
in our life we do good deeds, and follow sober counsels, we shall live in great
honesty and without fear. <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>, said <hi>Hierocles, God hath consti<g ref="char:EOLhyphen"/>tuted
a most righteous and domestick Judge, the Conscience and right Reason;</hi> 
                        <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>,
<hi>Every man ought most
of all to fear himself, because it is impossible but we should know what we have done
amiss, and it concerns us also to make righteous judgement, for we cannot escape our
selves.</hi> 
                        <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>, said <hi>Isocrates. Etsi à caeteris silentium est, tamen ipse
sibimet censcius est posse se meritò increpari,</hi> so <hi>Apuleius</hi> renders it. Though
others hold their peace, yet there is one within that will not.
<q>
                           <l>Nec facile est placidam ac pacatam degere vitam,</l>
                           <l>Qui violat factis communia foedera pacis:<note place="margin">Lucretius<g ref="char:punc">▪</g>
                              </note>
                           </l>
                           <l>Etsi fallit enim Divum genus, Humanúmque;</l>
                           <l>Perpetuò tamen id fore clam diffidere debet.</l>
                        </q>
It is hard to be concealed from God and man too, and although we think our
selves safe for a while, yet we have something within that tels us <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>,
he that does any thing is espied, and cannot doe it privately.
<hi>Quîcum in tenebris?</hi> was the old Proverb; <hi>Who was with you in the dark?</hi> And
therefore it was that <hi>Epicurus</hi> affirm'd it to be impossible for a man to be con<g ref="char:EOLhyphen"/>cealed
always. Upon the mistake of which he was accused by <hi>Plutarch</hi> and
others, to have supposed it lawful to doe any injustice secretly; whereas his
design was to obstruct that gate of iniquity, and to make men beleeve that
<pb n="14" facs="tcp:58903:35"/>
even that sin which was committed most secretly, would some time or other
be discovered and brought to punishment; all which is to be done by the
ex raregular events of providence, and the certain accusations and discove<g ref="char:EOLhyphen"/>ries
of Conscience.</p>
                     <p>For Conscience is the Looking-glass of the soul,<note place="margin">6.</note> so it was called by <hi>Pe<g ref="char:EOLhyphen"/>
                           <gap reason="illegible" resp="#TECH" extent="1 letter">
                              <desc>•</desc>
                           </gap>ipha<gap reason="illegible" resp="#TECH" extent="2 letters">
                              <desc>••</desc>
                           </gap>s</hi>
in <hi>Plautus;</hi>
                        <note place="margin">In Epic<gap reason="illegible" resp="#TECH" extent="3 letters">
                              <desc>•••</desc>
                           </gap>
                        </note>
                        <q>
                           <l>Non oris causâ modò homines aequum fuit</l>
                           <l>Sibi habere speculum, ubi os contemplarent suum;</l>
                           <l>Sed qui perspicere possent cor sapientiae:</l>
                           <l>Igitur perspicere possent ut cordis copiam</l>
                           <l>Ubi id inspexissent, cogitarent postea</l>
                           <l>Vitam ut vixissent olim in adolescentia.</l>
                        </q>
And a man looking into his Conscience, instructed with <hi>the word of God,</hi> its
proper rule,<note place="margin">James 1. 21, 23, 24.</note> is by S. <hi>James</hi> compar'd to a <hi>man beholding his natural face in a
glass;</hi> and that the Apostle describes <hi>Conscience</hi> in that similitude, is to be ga<g ref="char:EOLhyphen"/>thered
from the word <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>, <hi>verbum insitum, the ingraffed word,</hi> the
word of God written in our hearts, which who so looks on, and compares his
actions with his rule, may see what he is: but he that neglects this word and
follows not this rule, did indeed see his face, but hath forgotten what manner
of man he was, that is, what he was fram'd in the works of the new Creation,
when he was newly form'd and <hi>created unto righteousness and true holiness.</hi>
                     </p>
                     <p>This accusation and watchfulness,<note place="margin">7.</note> and vocal, clamorous guards of
Conscience are in perpetual attendance, and though they may sleep, yet they
are quickly awakened, and make the evil man restless. <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>,
said <hi>Epicurus,</hi> which is very well rendred
by <hi>Seneca, Ideo non prodest latentibus, quòd latendi etiamsi felicitatem habeant, fidu<g ref="char:EOLhyphen"/>ciam
non habent.</hi> They that live unjustly, always live miserably and fearfully;
because although their crime be secret, yet they cannot be confident that it shall
be so: meaning, that because their conscience does accuse them, they perceive
they are discovered, and previous to an eye, which what effect it will have in
the publication of the crime here and hereafter, is not matter of knowledge,
but cannot choose but be matter of fear for ever.
<q>
                           <l>—<note place="margin">Juven. Sat. 10.</note> fiet adulter</l>
                           <l>Publicus, &amp; poenas metuet quascunque mariti</l>
                           <l>Irati debent, nec erit felicior astro</l>
                           <l>Martis, ut in laqueos nunquam incidat—</l>
                        </q>
If any chance makes the fact private, yet no providence or watchfulness can
give security, because <hi>within</hi> there dwels a principle of fear that can never die,
till repentance kills it. And therefore <hi>Chilon</hi> in <hi>Laërtius</hi> said upon this account,
that loss is rather to be chosen then filthy gain; because that loss brings sorrow
but once, but injustice brings a perpetual fear and pain.
<q>
                           <l>Anne magìs Siculi gemuerunt aera juvenci,<note place="margin">
                                 <gap reason="illegible" resp="#TECH" extent="1 word">
                                    <desc>〈◊〉</desc>
                                 </gap>. Sat. 3.</note>
                           </l>
                           <l>Et magìs auratis pendens laquearibus ensis</l>
                           <l>Purpureas subter cervices terruit? Imus,</l>
                           <l>Imus praecipites, quam si sibi dicat, &amp; intus</l>
                           <l>Palleat infelix quod proxima nesciat Uxor.</l>
                        </q>
The wife that lies by his side knows not at what the guilty man looks pale,
but something that is within the bosome knows; and no pompousness of con<g ref="char:EOLhyphen"/>dition
can secure the man, and no witty cruelty can equal the torment. For
<pb n="15" facs="tcp:58903:35"/>
that also, although it be not directly the office of conscience, yet it is the act
and effect of conscience; when it self is injur'd, it will never let any thing else
be quiet.</p>
                     <p>
                        <hi>To loose or binde,</hi>
                     </p>
                     <p>Is the reflex act of conscience.<note place="margin">8.</note> Upon viewing the records, or the <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>,
the Legislative part of conscience, it binds to duty; upon viewing the act,
it binds to punishment, or consigns to comfort; and in both regards it is cal<g ref="char:EOLhyphen"/>led
by <hi>Origen, affectuum corrector, atque animae paedagogus,</hi> the corrector of the
affections, and the teacher of the soul. Which kinde of similitude <hi>Epictetus</hi> in
<hi>Stobaeus</hi> followed also, <hi>Parentes pueros nos paedagogo tradiderunt, qui ubique ob<g ref="char:EOLhyphen"/>servaret
ne laederemur, Deus autem clam viros insitae conscientiae custodiendos tradi<g ref="char:EOLhyphen"/>dit;
quae quidem custodia nequaquam contemnenda est.</hi> As our parents have de<g ref="char:EOLhyphen"/>livered
us to a guardian who did watch lest we did or suffered mischief; so hath
God committed us to the custody of our conscience that is planted within us;
and this custody is at no hand to be neglected.</p>
                     <p>
                        <hi>The binding to duty</hi> is so an effect of conscience,<note place="margin">9.</note> that is cannot be separated
from it; but <hi>the binding to punishment</hi> is an act of conscience also as it is a
<hi>Judge,</hi> and is intended to affright a sinner, and to punishment: but it is such
a punishment as is the beginning of hell torments, and unless the wound be
cured will never end till eternity it self shall go into a grave:
<q>Illo nocens se damnat quo peccat die,<note place="margin">Apud Publi<g ref="char:EOLhyphen"/>anum.</note>
                        </q>
the same day that a man sins, on the same day he is condem'd; and when
<hi>Menelaus</hi> in the Tragedy did ask,
<q>
                           <gap reason="foreign">
                              <desc>〈 in non-Latin alphabet 〉</desc>
                           </gap>;</q>
what disease kill'd poor <hi>O<gap reason="illegible" resp="#TECH" extent="1 letter">
                              <desc>•</desc>
                           </gap>estes?</hi> he was answer'd,
<q>
                           <gap reason="foreign">
                              <desc>〈 in non-Latin alphabet 〉</desc>
                           </gap>,</q>
His disease was nothing but an evil conscience; he had done vile things, and
had an amazed spirit that distracted him, and so he died. <hi>Curas ultrices Virgil</hi>
cals the wounds of an evil conscience,<note place="margin">Plautus.</note> 
                        <hi>Revenging cares. Nihil est miserius quàm
animus hominis conscius,</hi> said he in the Comedy; nothing is more miserable
then an evil conscience, and the being pain'd with it, is called <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>,
to be choked or strangled with an evil conscience; by S<g ref="char:punc">▪</g> 
                        <hi>Chrysostome</hi>
(who in his 22. Homily upon the first Epistle to the <hi>Corinthians,</hi> speaks much
and excellently to the same purpose;) and there are some that fancy that this
was the cause of <hi>Judas</hi> death; The horrors of his conscience were such that
his spirits were confounded, and restless, and uneasy; and striving to go from
their prison stopp'd at the gates of emanation, and stifled him. It did that, or as
bad; it either choak'd him, or brought him to a haltar, as it hath done many
besides him. And although I may truly say as he did,
<q>
                           <l>Non mihi si linguae centum—</l>
                           <l>Omnia poenarum percurrere nomina possem,</l>
                        </q>
no tongue is able to express the evils which are felt by a troubled conscience,
or a wounded spirit, yet the heads of them are visible and notorious to all
men.</p>
                     <p>1.<note place="margin">10.</note> The first is that which <hi>Nazianzen</hi> cals <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>,
accusations and vexings of a man when he is in misery; then when he
needs most comfort, he shall by his evil conscience be most disquieted. A sick<g ref="char:EOLhyphen"/>ness
awakes a dull sleeping conscience, and when it is awaken'd it will make
that the man shall not sleep.<note place="margin">1 Macc<g ref="char:punc">▪</g> 6. 1<gap reason="illegible" resp="#TECH" extent="1 letter">
                              <desc>•</desc>
                           </gap>.</note> So <hi>Antiochus</hi> when his Lieutenant <hi>Lysias</hi> was bea<g ref="char:EOLhyphen"/>ten
<pb n="16" facs="tcp:58903:36"/>
by the Jews, he fell sick with grief, and then his conscience upbraided
him; <hi>but now</hi> (said he) <hi>I remember the evils that I did at Jerusalem; quia inve<g ref="char:EOLhyphen"/>nerunt
me mala ista,</hi> so the <hi>Latin Bible</hi> reads it; <hi>because these evils now have
found me out.</hi> For when a man is prosperous, it is easie for him to stop the
mouth of conscience, to bribe or to abuse it, to fill it with noise, and to divert
it with business, to outvie it with temporal gayeties, or to be flattered into
weak opinions and sentences; but when a man is smitten of God, and deve<g ref="char:EOLhyphen"/>sted
of all the outsides and hypocrisies of sin, and that conscience is disin<g ref="char:EOLhyphen"/>tangled
from its fetters and foolish pretensions, then it speaks its own sense,
it ever speaks loudest when the man is poor, or sick, or miserable. This was
well explicated by S. <hi>Ambrose, Dum sumus in quadam delinquendi libidine, nebu<g ref="char:EOLhyphen"/>lis
quibusdam conscientiae mens obducitur, nè videat eorum quae concupiscit deformi<g ref="char:EOLhyphen"/>tatem.
Sed cùm omnis nebula transierit, gravia tormenta exercentur in quodam
malè conscii secretario.</hi> A man is sometimes so surpris'd with the false fires
and glarings of temptation, that he cannot see the secret turpitude and defor<g ref="char:EOLhyphen"/>mity.
But when the cloud and vail is off, then comes the tormentor from
within:
<q>
                           <l>—acuúntque metum mortalibus agris,<note place="margin">Aeneid. 12.</note>
                           </l>
                           <l>Si quando lethum horrificum, morbósque Deûm Rex</l>
                           <l>Molitur, meritas aut bello territat urbes.</l>
                        </q>
Then the calamity swels, and conscience increases the trouble, when God
sends warre, or sickness, or death. It was <hi>Sauls</hi> case, when he lost that fatal
battel in which the Ark was taken, he called to the <hi>Amalekite, Sta super me &amp; in<g ref="char:EOLhyphen"/>terfice
me,</hi> fall upon me and slay me; <hi>quoniam tenent me angustiae, I am in a great
straìt.</hi> He was indeed; for his son was slain, and his army routed, and his ene<g ref="char:EOLhyphen"/>mies
were round about: But then conscience stept in and told him of the evil
that he had done in causing fourscore of the Lords Priests to be slain; and
therefore <hi>Abulensis</hi> reads the words thus, <hi>Fall upon me and slay me, quoniam
tenent me or ae vestimenti Sacerdotalis,</hi> I am intangled in the fringes of the Priests
garments. <hi>Videbatur sibi Saul quòd propinquus morti videret Sacerdotes Dei accu<g ref="char:EOLhyphen"/>santes
eum in judicio coram Deo.</hi> He thought he saw the Priests of the Lord
accusing him before God. And this hath been an old opinion of the world,
that in the days of their calamity wicked persons are accus'd by those whom
they have injur'd. Not much unlike to which is that of <hi>Plato,</hi> describing the
torments of wicked souls, <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>,
<hi>They roar and cry
out. Some calling on them whom they kill'd, some on those they have calumniated;
and calling they pray them whom they have injured to give them pardon.</hi> Then
every bush is a wild beast, and every shadow is a ghost, and every gloworm
is a dead mans candle, and every lantern is a spirit.
<q>
                           <l>—pallidúmque visâ</l>
                           <l>Matris lampade respicit Neronem.</l>
                        </q>
When <hi>Nero</hi> was distressed, he saw his mothers tapor and grew pale with it.</p>
                     <p>2. The second effect is <hi>shame,</hi>
                        <note place="margin">11.</note> which conscience never fails to inflict se<g ref="char:EOLhyphen"/>cretly,
there being a secret turpitude and baseness in sin, which cannot be bet<g ref="char:EOLhyphen"/>ter
express'd then by its opposition and contradiction to conscience. Con<g ref="char:EOLhyphen"/>science
when it is right makes a man bold; <hi>qui ambulat simpliciter, ambulat
confidenter, he that walks honestly, walks confidently,</hi> because he hath innocence
and he hath reason on his side. But he that sins, sins against reason, in which
the honour and the nobleness of a man does consist; and therefore shame
<pb n="17" facs="tcp:58903:36"/>
must needs come in the destitution of them. For as by reason men naturally
rule, so when they are fallen from it, unless by some accidental courages they
be supported, they fall into the stare of slaves and sneaking people. And up<g ref="char:EOLhyphen"/>on
this account it was that <hi>Plato</hi> said, <hi>Si scirem Deos mihi condonaturos, &amp; ho<g ref="char:EOLhyphen"/>mines
ignoraturos, adhuc peccare erubescerem propter solam peccati turpitudinem.</hi> If I
were sure God would pardon me, and men would not know my sin, yet I
should be ashamed to sin, because of its essential baseness: The Mistresses of
our vile affections are so ugly, we cannot endure to kiss them but through a
vail; either the vail of excuse, or pretence, or darkness; something to hide their
ugliness; and yet even these also are so thin that the filthiness and shame is
not hid. <hi>Bona conscientia turbam advocat, mala autem in solitudine anxia atque
sollicita est,</hi> said <hi>Seneca.</hi> An evil conscience is asham'd of light, and afraid of
darkness; and therefore nothing can secure it. But being asham'd before
Judges, and assemblies, it flies from them into solitudes, and when it is there,
the shame is chang'd into fear, and therefore from thence it runs abroad into
societies of merry criminals, and drinking sanctuaries, which is nothing but a
shutting the eyes, and hiding the head, while the body is exposed to a more cer<g ref="char:EOLhyphen"/>tain
danger. It cannot be avoided, it was and is and will eternal<gap reason="illegible" resp="#TECH" extent="1 letter">
                           <desc>•</desc>
                        </gap>y be true,
<hi>Perjurii poena Divina exitium,</hi>
                        <note place="margin">Cicero de <gap reason="illegible" resp="#TECH" extent="1 letter">
                              <desc>•</desc>
                           </gap>e<g ref="char:EOLhyphen"/>gib. l. 2.</note> 
                        <hi>humana dedecus esto.</hi> Which S <hi>Paul</hi> perfectly ren<g ref="char:EOLhyphen"/>ders,
<hi>The things whereof ye are now ashamed;</hi>
                        <note place="margin">Rom <gap reason="illegible" resp="#TECH" extent="1 letter">
                              <desc>•</desc>
                           </gap> 
                           <gap reason="illegible" resp="#TECH" extent="2 letters">
                              <desc>••</desc>
                           </gap>.</note> 
                        <hi>the end of these things is death.</hi>
Death is the punishment which God inflicts, and shame is that which comes
from man.</p>
                     <p>3. There is another effect which cannot be well told by him that feels it,<note place="margin">12.</note>
or by him that sees it, what it is; because it is a thing without limit and without
order. It is a distraction of minde, indeterminate, divided thoughts, flying
every thing, and pursuing nothing. It was the case of <hi>Nebuchadnezzar,</hi> 
                        <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>,
his thoughts troubled him.<note place="margin">A. Gell. l. 5. c. 1.</note> 
                        <hi>Varios vultus,
disparilésque sensus;</hi> like the Sophisters who in their pursuit of vainglory dis<g ref="char:EOLhyphen"/>pleased
the people, and were hissed from their Pulpits; nothing could amaze
them more; they were troubled like men of a disturbed conscience. The rea<g ref="char:EOLhyphen"/>son,
is, they are fallen into an evil condition which they did not expect; they
are abus'd in their hopes, they are fallen into a sad state of things, but they
know not yet what it is, nor where they are, nor whither it will bear them, nor
how to get out of it. This indeed is commonly the first part of the great evil;
shame goes along with the sin, in the very acting it, but as soon as it is acted,
then begins this confusion,
<q>
                           <l>—nefas tandem incipiunt sentire peractis</l>
                           <l>Criminibus—</l>
                        </q>
they thought of nothing but pleasure before, but as soon as they have finished,
then they begin to tast the <hi>wormwood</hi> and the <hi>colliquintida; perfecto demum
scelere, magnitudo ejus intellecta est,</hi>
                        <note place="margin">Lib. 14. Annal.</note> said <hi>Tacitus.</hi> While they were doing it,
they thought it little, or they thought it none, because their fancy and their
passion rul'd; but when that is satisfied and burst with a filthy <hi>plethory,</hi> then they
understand how great their sin is, but are distracted in their thoughts, for they
understand not how great their calamity shall be.
<q>Occultum quatìente animum tortore flagellum,</q>
the secret tormentor shakes the minde, and dissolves it into indiscrimination
and confusion. The man is like one taken in a lie, or surpris'd in a shameful act
of lust, or theft; at first he knows not what to say, or think, or do, and his spi<g ref="char:EOLhyphen"/>rits
huddle together, and fain would go some where, but <hi>they know not whither,</hi>
and doe something, but <hi>they know not what.</hi>
                     </p>
                     <p>
                        <pb n="18" facs="tcp:58903:37"/>
This confusion and first amazement of the conscience in some vile na<g ref="char:EOLhyphen"/>tures,<note place="margin">13.</note>
and baser persons proceeds to impudence, and hardness of face.
<q>—frontémque à crimine sumunt.</q>
when they are discover'd they rub their foreheads hard, and consider it can<g ref="char:EOLhyphen"/>not
be worse, and therefore in their way they make the best of it; that is,
they will not submit to the judgement of conscience, nor suffer her infliction,
but take the fortune of the <hi>Banditi,</hi> or of an outlaw, rather then by the rule
of subjects suffer the penalty of the Law, and the severity of the Judge. But
<hi>Conscience</hi> hath no hand in this, and whatsoever of this nature happens, it is in
despite of conscience; and if it proceeds upon that method, it goes on to <hi>ob<g ref="char:EOLhyphen"/>stinacy,</hi>
hardness of heart, a resolution never to repent, a hatred of God, and
<hi>reprobation.</hi> For if conscience be permitted to do its work, this confusion when
it comes to be stated, and that the man hath time to consider, it passes on to
fear; and that is properly the next effect.</p>
                     <p>4. An evil or a guilty conscience is dispos'd for fear,<note place="margin">14.</note> shame and fear cannot
be far asunder:
<q>
                           <gap reason="foreign">
                              <desc>〈 in non-Latin alphabet 〉</desc>
                           </gap>.<note place="margin">Epicharm.</note>
                        </q>
Sin makes us asham'd before men, and afraid of God: an evil conscience makes
man a coward, timorous as a child in a Churchporch at midnight; it makes the
strongest men to tremble like to keepers of the house of an old mans Ta<g ref="char:EOLhyphen"/>bernacle.
<q>
                           <l>
                              <gap reason="foreign">
                                 <desc>〈 in non-Latin alphabet 〉</desc>
                              </gap>,</l>
                           <l>
                              <gap reason="foreign">
                                 <desc>〈 in non-Latin alphabet 〉</desc>
                              </gap>,</l>
                        </q>
said <hi>Menander,</hi> No strength of body, no confidence of spirit is a defensative
against an evil conscience which will intimidate the courage of the most per<g ref="char:EOLhyphen"/>fect
Warriour.
<q>
                           <l>Qui terret, plus iste timet, sors ista tyrannis</l>
                           <l>Convenit, invideant claris, fortésque trucident,</l>
                           <l>Muniti gladiis vivant, septíque venenis</l>
                           <l>Ancipites habeant arces, trepidíque minentur.</l>
                        </q>
So <hi>Claudian</hi> describes the state of Tyrants and injurious persons,<note place="margin">De 4 Hono<gap reason="illegible" resp="#TECH" extent="1 letter">
                              <desc>•</desc>
                           </gap> Con<gap reason="illegible" resp="#TECH" extent="1 letter">
                              <desc>•</desc>
                           </gap>u<gap reason="illegible" resp="#TECH" extent="1 letter">
                              <desc>•</desc>
                           </gap>.</note> they do evil
and fear worse, they oppress brave men, and are afraid of mean fellows; they
are encompassed with swords, and dwell amongst poysons, they have towers
with back doors and many outlets, and they threaten much, but themselves
are most afraid. We read of <hi>Belteshazzar,</hi> his knees beat against each other
upon the arrest made on him by the hand on the wall, which wrote the sen<g ref="char:EOLhyphen"/>tence
of God in a strange character, because he would not reade the writing
in his conscience. This fear is very great and very lasting even in this world:
and is rarely well describ'd by <hi>Lucretius:</hi>
                        <q>
                           <l>Cerberus &amp; Furiae—</l>
                           <l>—neque sunt usquam, neque possunt esse profectò:<note place="margin">
                                 <gap reason="illegible" resp="#TECH" extent="1 span">
                                    <desc>〈…〉</desc>
                                 </gap>
                              </note>
                           </l>
                           <l>Sed metus in vitâ poenarum pro malefactis</l>
                           <l>Est insignibus insignis; scelerísque luela</l>
                           <l>Carcer, &amp; horribilis de saxo jacta deorsum,</l>
                           <l>Verbera, Carnifices, robur, pix, lumina, taedae,</l>
                           <l>Quae tamen etsi absunt, &amp; mens sibi conscia facti</l>
                           <l>Praemetuens adhibet stimulos, torretque flagellis;</l>
                        </q>
Which description of the evil and intollerable pains and fears of conscience is
exceeded by the Author of the wisdome of <hi>Solomon, Indisciplinatae animae er<g ref="char:EOLhyphen"/>raverunt.</hi>
                        <note place="margin">
                           <gap reason="illegible" resp="#TECH" extent="1 span">
                              <desc>〈…〉</desc>
                           </gap>
                        </note> That is the ground of their misery; <hi>The souls were refractory to disci<g ref="char:EOLhyphen"/>pline,
and have erred. They oppress the holy Nation.</hi> The effect was, <hi>they became
<pb n="19" facs="tcp:58903:37"/>
Prisoners of darkness, and fettered with the bands of a long night; fugitive perp<gap reason="illegible" resp="#TECH" extent="1 letter">
                              <desc>•</desc>
                           </gap>
                           <g ref="char:EOLhyphen"/>tuae
providentiae <gap reason="illegible" resp="#TECH" extent="1 letter">
                              <desc>•</desc>
                           </gap>acuerunt, they became outlaws from the divine providence. And
while they supposed to lie had in their secret sins, they were scattered under <gap reason="illegible" resp="#TECH" extent="1 letter">
                              <desc>•</desc>
                           </gap> dark
vail of forgetfulness; paventes horrendè, &amp; cum admiratione nimia perturbati,
they did fear horribly, and disturbed with a wonderful amazement. For neither
might the corner that held them keep them from fear, but a sound descending did
trouble them; &amp; personae tristes apparentes pavorem illis praestabant, sad appar<gap reason="illegible" resp="#TECH" extent="1 letter">
                              <desc>•</desc>
                           </gap>ti<g ref="char:EOLhyphen"/>ons
did affright them; a fire appeared to them very formidable; &amp; timore per<g ref="char:EOLhyphen"/>cussi
ejus quae non videbatur faciei; they were affrighted with the apprehensions
of what they saw not:</hi> and all the way in that excellent description, there is no<g ref="char:EOLhyphen"/>thing
but fear, and affrightment, horrid amazement and confusion; <hi>pleni ti<g ref="char:EOLhyphen"/>more,</hi>
and <hi>tremebund: peribant, full of fear, and they perished trembling;</hi> and then
follows the philosophy and rational account of all this. <hi>Frequenter enim prae<g ref="char:EOLhyphen"/>occupant
pessima redarguente conscientiâ. When their conscience reproves them,
they are prepossess'd with fearful expectations. For wickedness condemn'd by her
own witness is very timorous. Cùm enim sit timida nequitia, dat testimonium con<g ref="char:EOLhyphen"/>demnata:
Conscience gives witness and gives sentence, and when wickedness is con<g ref="char:EOLhyphen"/>demn'd
it is full of affrightment.</hi> For <hi>fear is praesumptionis adjutorium,</hi> the allay of
confidence and praesumption, and the promoter of its own apprehensions,
and <hi>betrays the succours that reason yeelds.</hi> For indeed in this case, no reason can
dispute a man out of his misery, for there is nothing left to comfort the con<g ref="char:EOLhyphen"/>science,
so long as it is devested of its innocence. The Prophet <hi>Jeremy</hi> in<g ref="char:EOLhyphen"/>stances
this in the case of <hi>Pashur</hi> who oppressed the Prophets of the Lord, put<g ref="char:EOLhyphen"/>ting
them in Prison and forbidding them to preach in the name of the Lord:
<hi>Thy name shall be no more called Pashur but Magor Missabib,</hi>
                        <note place="margin">J<gap reason="illegible" resp="#TECH" extent="1 letter">
                              <desc>•</desc>
                           </gap>r. 2<gap reason="illegible" resp="#TECH" extent="1 letter">
                              <desc>•</desc>
                           </gap> 
                           <gap reason="illegible" resp="#TECH" extent="1 letter">
                              <desc>•</desc>
                           </gap> 4.</note> 
                        <hi>[that is, fear round
about] for I will make thee a terror unto thy self.</hi>
                     </p>
                     <p>This fear of its own nature is apt to increase,<note place="margin">15.</note> for indeed it may be in<g ref="char:EOLhyphen"/>finite.
<q>
                           <l>Nec videt intereà quis terminus esse malorum</l>
                           <l>Possit,<note place="margin">Lucret.</note> nec quae sit poenarum denique finis:</l>
                           <l>Atque eadem metuunt magis, haec nè in morte gravescant.</l>
                           <l>Hinc Acherusia fit stultorum denique vita.</l>
                        </q>
He that fears in this case, knows not the greatness and measure of the evil
which he fears; it may arrive to infinite, and it may be any thing, and it may
be every thing, and therefore there is,</p>
                     <p>5. <hi>An appendant perpetuity and restlesness;</hi>
                        <note place="margin">16.</note> a man of an evil conscience is
never at quiet.<note place="margin">De profugit.</note> 
                        <hi>Impietas enim malum infinitum est, quod nunquam extingui potest,</hi>
said <hi>Philo:</hi> He is put to so many shifts to excuse his crime before men, and
cannot excuse it to God or to himself, and then he is forc'd to use arts of for<g ref="char:EOLhyphen"/>getfulness,
that he may not remember his sorrow; he runs to weakness for
excuse, and to sin for a comfort, and to the methods and paths of hell for
sanctuary, and rols himself in his uneasy chains of fire, and changes from
side to side upon his gridiron till the flesh drop from the bones on every side.
This is the Poets vultur,
<q>
                           <l>Immortale jecur tundens, faecundáque poenis</l>
                           <l>Viscera, rimatúrque epulis, habitátque sub alto</l>
                           <l>Pectore, nec fibris requies datur ulla renatis.</l>
                        </q>
It gnaws perpetually, and consumes not, being like the fire of hell, it does
never devour, but torments for ever.</p>
                     <p>
                        <pb n="20" facs="tcp:58903:38"/>
6. This fear and torment,<note place="margin">17.</note> which is inflicted by conscience does not only
increase at our death, but after death is the beginning of hell. For these are
the fire of hell; <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>, I am tormented in this flame, so
said <hi>Dives</hi> when he was in torments; that is, he had the torments of an evil
conscience, for hell it self is not to be opened till the day of judgement; but
the sharpest pain is usually expressed by <hi>fire,</hi> and particularly the troubles
of minde are so signified. <hi>Urit animum meum; This burns,</hi> that is, this ex<g ref="char:EOLhyphen"/>ceedingly
troubles my minde; and <hi>uro hominem</hi> in the Comedy, I vex him
sufficiently, I burn him; <hi>loris non ureris,</hi> thou art not tormented with scour<g ref="char:EOLhyphen"/>gings.
<q>
                           <l>Poena autem vehemens,<note place="margin">Juvenal.</note> &amp; multò saevior illis</l>
                           <l>Quos &amp; Caeditius gravis invenit, &amp; Rhadamanthus,</l>
                           <l>Nocte diéque suum gestare in pectore testem.</l>
                        </q>
This is a part of hell fire, the smoke of it ascends night and day; and it is
a preparatory to the horrible sentence of Doomsday, as the being tormen<g ref="char:EOLhyphen"/>ted
in prison is, to the day of condemnation and execution. The conscience
in the state of separation does accuse perpetually, and with an insupportable
amazement fears the revelation of the day of the Lord.
<q>
                           <l>Et cum fateri Furia jusserit verum,</l>
                           <l>Cogente clamet conscientiá scripsi.<note place="margin">Martial.</note>
                           </l>
                        </q>
The fury within will compel him to confess, and then he is prepared for the
horrible sentence, as they who upon the rack accuse themselves, and then they
are carried to execution.<note place="margin">
                           <gap reason="foreign">
                              <desc>〈 in non-Latin alphabet 〉</desc>
                           </gap>.</note> 
                        <hi>Menippus</hi> in <hi>Lucian</hi> says that the souls of them that are
dead are accused by the shadows of their bodies. <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>
and these he says are <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap> 
                        <hi>worthy of belief,</hi> because they are always present,
and never parted from the bodies; meaning that a mans conscience which is
inseparable as a shadow, is a strong accuser and a perfect witness: and this
will never leave them till it carries them to hell, and then the fear is chang'd
into despair, and indignation, and hatred of God, and eternal blasphemy.
This is the full progress of an evil conscience, in its acts of binding.</p>
                     <p>
                        <hi>Quest.</hi>
                     </p>
                     <p>BUT if it be inquired by what instrument conscience does thus torment
a man,<note place="margin">18.</note> and take vengeance of him for his sins, whether it hath a proper ef<g ref="char:EOLhyphen"/>ficiency
in it self, and that it gives torment, as it understands, by an exercise
of some natural power; * or whether it be by an act of God inflicting it,
* or by opinion and fancy, * by being perswaded of some future events which
shall be certainly consequent to the sin, or by Religion and belief, * or lastly
by deception and meer illusion, and upon being affrighted with bugbears?
I answer,</p>
                     <p>That it does or may afflict a man by all these.<note place="margin">19.</note> For its nature is to be in<g ref="char:EOLhyphen"/>quisitive
and busie, querulous and complaining; and to doe so is as natural to
it, as for a man to be grieved when any thing troubles him. But because men
have a thousand little arts to stifle the voice of conscience, or at least that
themselves may not hear it; God oftentimes awakens a man by a sudden dash
of thunder and lightning, and makes the conscience sick, and troublesome; just
as upon other accidents a man is made <hi>sad,</hi> or <hi>hardned,</hi> or <hi>impudent,</hi> or <hi>foolish,</hi>
or <hi>restless:</hi> and sometimes every dream, or sad story that the man hath heard,
the flying of birds, and the hissing of serpents, or the fall of waters, or the
beating of a watch, or the noise of a cricket, or a superstitious tale, is suffered
to doe the man a mischief and to increase his fear.
<pb n="21" facs="tcp:58903:38"/>
                        <q>
                           <l>—Ergo exercentur poenis, veterúmque malorum</l>
                           <l>Supplicia expendunt.</l>
                        </q>
This the Poets and Priests expressed by their <hi>Adrastea, Nemesis, Minos, Aea<g ref="char:EOLhyphen"/>cus</hi>
and <hi>Rhadamanth,</hi> not that these things were real,
<q>—neque sunt usquam, neque possunt esse profectò,</q>
said one of them; but yet to their pains and fears they gave names, and they
put on persons, and a phantastick cause may have a real event, and there<g ref="char:EOLhyphen"/>fore
must come from some further principle: and if an evil man be affrighted
with a meteor or a bird, by the chattering of swallows (like the young Greek
in <hi>Plutarch</hi>) or by his own shadow (as <hi>Orestes</hi> was) it is no sign that the fear is
vain, but that God is the Author of conscience, and will beyond the powers
of nature, and the arts of concealment set up a Tribunal, and a Gibbet, and a
Rack in the Court of Conscience. And therefore we finde this evil threatned
by God to fall upon sinners.<note place="margin">Levit. 26. 36.</note> 
                        <hi>They that are left alive of you in the land of your
captivity, I will send fainting in their hearts, in the land of their enemy, and the
sound of a leaf shall chace them:</hi>
                        <note place="margin">Deuter. 28. 65<gap reason="illegible" resp="#TECH" extent="1 letter">
                              <desc>•</desc>
                           </gap>
                        </note> and again <hi>The Lord shall give thee there a trem<g ref="char:EOLhyphen"/>bling
heart, and failing of eyes, and sorrow of minde, and thy life shall hang in doubt
before thee, and thou shalt fear day and night, and shalt have no assurance of thy life:</hi>
and this very fear ends in death it self; it is a mortal fear sometimes; for
when the Prophet <hi>Isaiah</hi> had told concerning <hi>Jerusalem,</hi>
                        <note place="margin">Isai. 22. 2.</note> 
                        <hi>Thy slain men are not
slain with the sword, nor dead in battle;</hi> to the inquiry of those who ask how
then were they slain? the answer is made by a learned gloss upon the place,
<hi>Homines hi non expectato adventu hostis, velut transfossi exanimantur metu:</hi>
They were dead with fear, slain with the affrightments of their own consci<g ref="char:EOLhyphen"/>ence,
as if they were transfixed by the spear of their enemies.<note place="margin">Lib. 1. c. <gap reason="illegible" resp="#TECH" extent="1 letter">
                              <desc>•</desc>
                           </gap>.</note> 
                        <hi>Quid ergo nos
à Diis immortalibus divinitùs expectemus, nisi errationibus finem faciamus,</hi> said
<hi>Q. Metellus</hi> in <hi>A. Gellius:</hi> There is no avoiding punishment, unless we will
avoid sin; since even a shadow as well as substances may become a <hi>Nemesis,</hi>
when it is let loose by God, and conducted by conscience.</p>
                     <p>But the great instrument of bringing this to pass is that certainty of per<g ref="char:EOLhyphen"/>swasion
which is natural in all men,<note place="margin">20.</note> and is taught to all men, and is in the
sanction of all laws expresly affirmed by God, that evil shall be to them that
doe evil;
<q>
                           <gap reason="foreign">
                              <desc>〈 in non-Latin alphabet 〉</desc>
                           </gap>,<note place="margin">Aeschyl.</note>
                        </q>
                        <hi>He that dishonours God shall not escape punishment:</hi> both in this life,
<q>
                           <note place="margin">Senec. <gap reason="illegible" resp="#TECH" extent="1 word">
                                 <desc>〈◊〉</desc>
                              </gap> Act. 3.</note>
                           <l>Ultrix Erinnys impio dignum parat</l>
                           <l>Lethum Tyranno—</l>
                        </q>
and after this life, for so they reckon'd, that <hi>Adulterers, Rebels,</hi> and <hi>Traytors</hi>
should be kept in prisons in fearful expectation of horrid pains;
<q>
                           <l>Quíque ob adulterium caesi, quíque arma secuti</l>
                           <l>Impia, nec veriti Dominorum fallere dextras,</l>
                           <l>Inclusi poenam expectant—</l>
                        </q>
all this is our conscience, which in this kind of actions and events, is no<g ref="char:EOLhyphen"/>thing
but the certain expectation and fear of the Divine vengeance.</p>
                     <p>
                        <hi>Quest.</hi>
                     </p>
                     <p>BUT then why is the conscience more afraid in some sins then in others,<note place="margin">21.</note>
since in sins of the greatest malignity we finde great difference of fear and
apprehension, when because they are of extreme malignity there can be no
difference in their demerit?</p>
                     <p>I answer;<note place="margin">22.</note> Although all sins be damnable, yet not onely in the several de<g ref="char:EOLhyphen"/>grees
of sin, but in the highest of all there is great difference; partly procee<g ref="char:EOLhyphen"/>ding
<pb n="22" facs="tcp:58903:39"/>
from the Divine threatnings, partly from fame and opinion, partly from
other causes.</p>
                     <p>For 1. there are some sins which are called <hi>peccata clamantia, crying sins;</hi> that
is, such which cry aloud for vengeance; such which God not onely hath speci<g ref="char:EOLhyphen"/>ally
threatned with horrid plagues, but such which doe seldome escape ven<g ref="char:EOLhyphen"/>geance
in this life, but for their particular mischief are hedged about with
thorns lest by their frequency they become intolerable. Such are <hi>Sacrilege,
Oppression of widows and Orphans, Murder, Sodomy,</hi> and the like<gap reason="illegible" resp="#TECH" extent="1 letter">
                           <desc>•</desc>
                        </gap> Now if any
man fals into any of these crimes, he sees an Angel with a sword drawn stand
before him; he remembers the angry words of God, and cals to minde that
so few have escaped a severe judgement here, that Gods anger did converse
with men, and was cloth'd with our circumstances, and walk'd round about
us; and less then all this is enough to scare an evil conscience.</p>
                     <p>But 2. there are some certain defensatives and natural guards which God
hath plac'd in men against some sins; such as are a natural abhorrency against
unnatural lusts. A natural pity against Murder, and Oppression: the double
hedge of sacredness and religion against Sacrilege. He therefore that com<g ref="char:EOLhyphen"/>mits
any of these sins does so much violence to those defensatives, which were
plac'd either in or upon his heart, that such an act is a natural disease, and
vexes the conscience not onely by a moral but by a natural instrument.</p>
                     <p>3. There are in these crying sins certain accidents and appendages of hor<g ref="char:EOLhyphen"/>ror
which are apt to amaze a mans minde: as in Murder there is the circum<g ref="char:EOLhyphen"/>stance
and state of death, which when a man sees and sees alone, and sees
that himself hath acted, it must needs affright him; since naturally most men
abhorre to be alone with a dead corpse; so also in Oppression of widows, a
man mee<gap reason="illegible" resp="#TECH" extent="1 letter">
                           <desc>•</desc>
                        </gap>s with so many sad spectacles, and hears so many groans, and cla<g ref="char:EOLhyphen"/>morous
complaints, such importunities, and such prayers, and such fearful
cursings, and perpetual weepings, that if a man were to use any artifice to
trouble a mans spirit, he could not dress his Scene with more advantage.</p>
                     <p>4. Fame hath a great influence into this effect, and there cannot easily be a
great shame amongst men, but there must be a great fear of vengeance from
God; and the shame does but antidate the Divine anger, and the man feels
himself entring into it, when he is enwrapped within the other. A man com<g ref="char:EOLhyphen"/>mitting
a foul sin, which hath a special dishonour and singular disreputation
among men, is like a wolf espied amongst the sheep: The outcry and noises
among the shepherds make him flie for his life, when he hears a vengeance com<g ref="char:EOLhyphen"/>ming.
And besides in this case, it is a great matter that he perceives all the world
hates him for his crime, and that which every one decries must needs be ve<g ref="char:EOLhyphen"/>ry
hateful and formidable, and prepar'd for trouble.</p>
                     <p>5. It cannot be denied, but <hi>Opinion</hi> also hath some hand in this affair; and
some men are affrighted from their cradle in some instances, and permitted
or conniv'd at in others; and the fears of childhood are not shaken from the
conscience in old age: as we see the perswasions of childhood in moral acti<g ref="char:EOLhyphen"/>ons
are permanent, so is the fear and hope which were the sanction and
establishment of those perswasions. Education and Society, and Country
Customes, and States of life, and the Religion or Sect of the mans profes<g ref="char:EOLhyphen"/>sing,
have influence into their portions of this effect.</p>
                     <p>The consequent of this discourse is this; That we cannot take any direct
accounts of the greatness or horror of a sin by the affrightment of consci<g ref="char:EOLhyphen"/>ence.
For it is with the affrightments of conscience as it is in temporal
judgements; sometimes they come not at all, and when they doe, they come
<pb n="23" facs="tcp:58903:39"/>
irregularly, and when they doe not, the man does not escape. But in some
sins God does strike more frequently then in others, and in some sins men
usually are more affrighted then in others. The outward judgement and the
inward fear are intended to be deleteries of the sin, and instruments of re<g ref="char:EOLhyphen"/>pentance;
but as some great sins escape the rod of God in this life, so are
such sinners oftentimes free from great affrightments. But as he who is not
smitten of God, yet knows that he is always liable to Gods anger, and if he
repents not, it will certainly fall upon him hereafter: so it is in <hi>conscience,</hi> he
that fears not, hath never the less cause to fear, but oftentimes a greater, and
therefore is to suspect and alter his condition, as being of a deep and secret
danger: and he that does fear, must alter his condition, as being highly trou<g ref="char:EOLhyphen"/>blesome.
But in both cases, conscience does the work of a Monitor and a
Judge. In some cases, conscience is like an eloquent and a fair spoken Judge,
which declaims not against the criminal, but condemnes him justly: In others,
the Judge is more angry, and affrights the prisoner more, but the event is the
same. For in those sins where the conscience affrights, and in those in which
she affrights not, supposing the sins equal but of differing natures, there is no
other difference; but that conscience is a Clock, which in one man strikes
aloud and gives warning, and in another the hand points silently to the fi<g ref="char:EOLhyphen"/>gure,
but strikes not; but by this he may as surely see what the other hears,
<hi>viz.</hi> that his hours pass away, and death hastens, and after death comes judge<g ref="char:EOLhyphen"/>ment.</p>
                     <p>But by the measures of binding,<note place="margin">24.</note> we may judge of the <hi>loosing,</hi> or <hi>absolution,</hi>
which is part of the judgement of conscience, and this is the greatest pleasure
in the world.
<q>
                           <l>
                              <gap reason="foreign">
                                 <desc>〈 in non-Latin alphabet 〉</desc>
                              </gap>,<note place="margin">
                                 <gap reason="illegible" resp="#TECH" extent="1 word">
                                    <desc>〈◊〉</desc>
                                 </gap>
                              </note>
                           </l>
                           <l>
                              <gap reason="foreign">
                                 <desc>〈 in non-Latin alphabet 〉</desc>
                              </gap>.</l>
                        </q>
a good conscience is the most certain, clearest, and undisturbed felicity. <hi>Le<g ref="char:EOLhyphen"/>ctulus
respersus floribus bona est conscientia,</hi>
                        <note place="margin">2 C<gap reason="illegible" resp="#TECH" extent="2 letters">
                              <desc>••</desc>
                           </gap> 1. 1<gap reason="illegible" resp="#TECH" extent="1 letter">
                              <desc>•</desc>
                           </gap>.</note> 
                        <hi>bonis refect a operibus.</hi> No bed so
soft, no flowers so sweet, so florid and delicious as a good conscience, in
which springs all that is delectable, all that may sustain and recreate our spi<g ref="char:EOLhyphen"/>rits.
<hi>Nullâ re tam laetari soleo quàm officiorum meorum conscienti<gap reason="illegible" resp="#TECH" extent="1 letter">
                              <desc>•</desc>
                           </gap>.</hi> I am plea<g ref="char:EOLhyphen"/>sed
in nothing so much as in the remembrances and conscience of my duty,
said <hi>Cicero.</hi> Upon this pillow and on this bed, Christ slept soundly in a storm,
and S. <hi>Peter</hi> in Prison so fast that the brightness of an Angel could not awake
him, or make him to rise up without a blow on his side. This refreshed the sor<g ref="char:EOLhyphen"/>rows
of <hi>Hezekiah</hi> when he was smitten with the plague, and not only brought
pleasure for what was past, and so doubled the good of it,
<q>Vivere bis vitâ posse priore frui;</q>
but it also added something to the number of his years,
<q>Ampliat aetatis spacium sibi vir bonus—</q>
And this made <hi>Paul</hi> and <hi>Silas</hi> sing in Prison and in an Earthquake; and that
I may summe up all the good things in the world, I borrow the expression of
S. <hi>Bernard, Bona conscientia non solùm sufficit ad solatium sed etiam ad coronam:</hi>
It is here a perpetual comfort, it will be hereafter an eternal crown.</p>
                     <p>25. This very thing <hi>Epicurus</hi> observ'd wisely, and in his great design for plea<g ref="char:EOLhyphen"/>sure
commended Justice as the surest instrument to procure it. So <hi>Antiphon,
Conscium esse sibi in vitâ nullius criminis, multum voluptatis parit:</hi> and <hi>Cato</hi> in
<hi>Cicero, Conscientia benè actae vitae multorúmque benefactorum recordatio jucun<g ref="char:EOLhyphen"/>dissima
est:</hi> Nothing is a greater pleasure then a good conscience; for there
is peace and no disturbance; <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>: Quietness is the best
<pb n="24" facs="tcp:58903:40"/>
fruit, and that grows onely upon the tree in the midst of Paradise, upon the
stock of a holy Heart or Conscience. Onely care is to be taken, that <hi>boldness</hi>
be not mistaken for <hi>peace,</hi> and hardness of heart for a good conscience. It is
easie to observe the difference, and no man can be innocently abused in this
affair. Peace is the fruit of a holy conscience. But no man can say, I am at
peace, therefore I have a holy conscience. But, I have lived innocently, or I
walk carefully with my God, and I have examined my conscience severely,
and that accuses me not; therefore this peace is a holy peace, and no illusion.
A man may argue thus: I am in health, and therefore the sleep I take is natu<g ref="char:EOLhyphen"/>ral
and healthful. But not thus: I am heavy to sleep, therefore I am in health,
for his dulness may be a lethargy. A man may be quiet, because he inquires not,
or because he understands not, or because he cares not, or because he is abused
in the notices of his condition. But the true peace of conscience is thus to
be discerned.</p>
                     <p>
                        <hi>Signs of true peace.</hi>
                     </p>
                     <p>1. Peace of conscience is a rest after a severe inquiry. When <hi>Hezekiah</hi>
was upon his deathbed as he supposed, he examined his state of life, and
found it had been innocent in the great lines and periods of it; and he was
justly confident.</p>
                     <p>2. Peace of conscience can never be in wicked persons, of notorious evil
lives. It is a fruit of holiness, and therefore what quietness soever is in per<g ref="char:EOLhyphen"/>sons
of evil lives, it is to be attributed to any other cause, rather than <hi>inno<g ref="char:EOLhyphen"/>cence;</hi>
and therefore is to be called any thing rather than <hi>just peace. The
adulterous woman eateth and wipeth her mouth,</hi>
                        <note place="margin">Prov. 30, 20.</note> 
                        <hi>and saith, I have done no wicked<g ref="char:EOLhyphen"/>ness.</hi>
And <hi>Pilate washed his hands,</hi> when he was dipping them in the most inno<g ref="char:EOLhyphen"/>cent,
the best and purest bloud of the world. But S. <hi>Paul</hi> had peace, because
he really had <hi>fought a good fight.</hi> And it is but a fond way to ask a sign how
to discern, when the Sun shines. If the Sun shines we may easily perceive it,
and then the beams we see are the Sunbeams; but it is not a sure argument
to say, I see a light, therefore the Sun shines; for he may espy onely a tallow
candle, or a gloworm.</p>
                     <p>3. That rest which is onely in the days of <hi>prosperity,</hi> is not a just and a holy
peace, but that which is in the days of sorrow and affliction. The noise and
madness of wine,<note place="margin">Eccl<gap reason="illegible" resp="#TECH" extent="1 letter">
                              <desc>•</desc>
                           </gap>s. 13 <gap reason="illegible" resp="#TECH" extent="1 letter">
                              <desc>•</desc>
                           </gap>6.</note> the transportations of prosperity, the forgetfulness of ri<g ref="char:EOLhyphen"/>ches,
and the voice of flatterers outcry conscience, and put it to silence; and
there is no reason to commend a womans silence and modesty when her mouth
is stop'd. But in the days of sorrow, then conscience is vocal, and her muffler
is off;
<q>
                           <l>—Invigilant animo,<note place="margin">
                                 <gap reason="illegible" resp="#TECH" extent="1 span">
                                    <desc>〈…〉</desc>
                                 </gap>
                              </note> scelerísque patrati</l>
                           <l>Supplicium exercent curae, tunc plurima versat</l>
                           <l>Pessimus in dubiis augur timor—</l>
                        </q>
and then a man naturally searches every where for comfort; and if his heart
then condemnes him not, it is great oddes but it is a holy peace.</p>
                     <p>4. Peace of minde is not to be used as a sign that God hath pardoned our
sins, but is onely of use in questions of particular fact. What evils have I
done? what good have I done? The peace that comes after this examination
is holy and good. But if I have peace in these particulars, then <hi>have I peace
towards God also,</hi> as to these particulars: But whether I have pardon for
other sins which I have committed, is another consideration, and is always
more uncertain. But even here also a peace of conscience is a blessing that is
<pb n="25" facs="tcp:58903:40"/>
given to all holy penitents more or less, at some time or other, according as
their repentance proceeds, and their hope is exercised: But it is not to be
judged of by sense, and ease, but by its proper causes: It never comes but af<g ref="char:EOLhyphen"/>ter
fear, and labour, and prayers, and watchfulness, and assiduity; and then
what succeeds is a blessing, and a fair indication of a bigger.</p>
                     <p>5. True peace of conscience is always joyned with a holy fear; a fear to
offend, and a fear of the Divine displeasure for what we have offended; and
the reason is, because all peace that is so allayed is a peace after enquiry, a peace
obtained by just instruments, relying upon proper grounds; it is rational, and
holy, and humble; neither carelesness, nor presumption is in it.</p>
                     <p>6. True peace of conscience relies not upon popular noises, and is not a
sleep procured by the tongues of flatterers, or opinions of men, but is a peace
from within,<note place="margin">Lib. 4. de be<gap reason="illegible" resp="#TECH" extent="1 letter">
                              <desc>•</desc>
                           </gap>e<g ref="char:EOLhyphen"/>fic. c. 21.</note> relying upon God and its own just measures. It is an excel<g ref="char:EOLhyphen"/>lent
discourse which <hi>Seneca</hi> hath, <hi>Est aliquando gratus qui ingratus videtur, quae
mala interpres opinio in contrarium deducit. Hic quid aliud sequitur, quàm ipsam
conscientiam quae etiam obruta delectat, quae concioni ac samae reclamat, &amp; in se
omnia reponit, &amp; cùm ingentem ex altera parte turbam contra sentientium aspexit,
non numerat suffragia, sed unâ sententiâ vincit?</hi> 
                        <q>Some men are thankful, who
yet seem unthankful, being wronged by evil interpretation. But such a man
what else does he follow but his conscience, which pleases him, though it be
overborn with slander, and when she sees a multitude of men that think
otherwise, she regards not, nor reckons suffrages by the poll, but is victori<g ref="char:EOLhyphen"/>ous
by her single sentence?</q> But the excellency and great effect of this peace
he afterwards describes: <hi>Si verò bonam fidem perfidiae suppliciis affici videt, non
descendit è fastigio, sed supra poenam suam consistit. Habeo inquit quod volui, quod
petii. Non poenitet, nec poenitebit: nec ullâ iniquitate me eò fortuna perducet, ut
hanc vocem audiam, Quid mihi volui? Quid mihi nunc prodest bona voluntas?
prodest &amp; in equuleo, prodest &amp; in igne, qui si singulis membris admoveatur, &amp;
paul<gap reason="illegible" resp="#TECH" extent="1 letter">
                              <desc>•</desc>
                           </gap>tim unum corpus circumeat; licèt ipsum corpus plenum bonâ conscientiâ stillet,
placebit ìllì ìgnis per quem bona fides collucebit.</hi> A good conscience loses nothing
of its confidence and peace for all the tortures of the world. The rack, the fire
shall not make it to repent and say, what have I purchas'd? But its excellen<g ref="char:EOLhyphen"/>cy
and integrity shall be resplendent in the very flames. And this is the mea<g ref="char:EOLhyphen"/>ning
of the Proverb used by the Levantines, <hi>Heaven and Hell are seated in the
heart of man.</hi> As his conscience is, so he is happy, or extremely miserable.
<hi>What other men say of us,</hi>
                        <note place="margin">Orat. 25.</note> 
                        <hi>is no more then what other men dream of us,</hi> said S. <hi>Gre<g ref="char:EOLhyphen"/>gory
Nazìanzene;</hi> It is our conscience that accuses or condemnes to all real
events and purposes.</p>
                     <p>And now all this is nothing but a perswasion partly natural,<note place="margin">26.</note> partly habi<g ref="char:EOLhyphen"/>tual,
of this proposition which all the Nations, and all the men in the world
have always entertained as the band of all their Religion, and private trans<g ref="char:EOLhyphen"/>actions
of justice and decency, <hi>Deum Remuneratorem esse,</hi> that God is a just
Rewarder of all actions.<note place="margin">Cicero pro Milone.</note> I summe up the premises in the words of the Ora<g ref="char:EOLhyphen"/>tor;
<hi>Magna vis est conscientiae, Judices, &amp; magna in utramque partem: ut neque
timeant qui nihil commiserint, &amp; poenam semper ante oculos versari putent, qui
peccarint.</hi> On either side conscience is mighty and powerful, to secure the
innocent, and to afflict the criminal.</p>
                     <p>But beyond these offices now described,<note place="margin">27.</note> Conscience does sometimes only
<hi>[Counsell]</hi> a thing to be done; that is, according to its instruction, so it mi<g ref="char:EOLhyphen"/>nisters
to holiness. If God hath put a law into our minds, conscience will force
<pb n="26" facs="tcp:58903:41"/>
                        <gap reason="illegible" resp="#TECH" extent="1 word">
                           <desc>〈◊〉</desc>
                        </gap> 
                        <gap reason="illegible" resp="#TECH" extent="3 letters">
                           <desc>•••</desc>
                        </gap>nce, or make us to suffer for our disobedience; but if a proposition
tending to holiness and its advantages be intrusted to the conduct of consci<g ref="char:EOLhyphen"/>ence,
then it presses it by all its proper inducements, by which it was laid up
there, and leaves the spirit of a man to his liberty; but if it be not follow<g ref="char:EOLhyphen"/>ed,
it upbraids our weaknesses, and chides our follies, and reproves our despi<g ref="char:EOLhyphen"/>
                        <gap reason="illegible" resp="#TECH" extent="3 letters">
                           <desc>•••</desc>
                        </gap>
holy degrees, and greater excellencies of glory laid up for loving and
willing spirits. Such as is that of <hi>Clemens Alexandrinus</hi> in the matter of an
Evangelical Counsel; <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>,
He that does so and so, sins not; for he is not forbidden by the law of the
Gospel; but yet he fals short of the perfection that is designed and propoun<g ref="char:EOLhyphen"/>ded
to voluntary and obedient persons. To summe up this.</p>
                     <p>When S. <hi>Paul</hi> had reproved the endless genealogies of the Gnosticks
and Platonists,<note place="margin">28.</note> making c<gap reason="illegible" resp="#TECH" extent="1 letter">
                           <desc>•</desc>
                        </gap>rcles of the same things, or of divers whose difference
they understood not; as <hi>Intelligence, Fear, Majesty, Foundation, Wisdome, Mag<g ref="char:EOLhyphen"/>nificence,
Mercy, Victory, Kingdome, Foundation, God,</hi> and such unintelligible
stuff which would make fools stare, and wise men at a loss; he subjoyns a
short,<note place="margin">2 Tim. <gap reason="illegible" resp="#TECH" extent="1 letter">
                              <desc>•</desc>
                           </gap>. <gap reason="illegible" resp="#TECH" extent="1 letter">
                              <desc>•</desc>
                           </gap>.</note> but a more discernible genealogy,<note place="margin">2 Tim. 2. 22.</note> and conjugation of things to our pur<g ref="char:EOLhyphen"/>pose.<note place="margin">2 Tim. 1. 3.</note>
                        <hi>The end of the Commandement is love out of a pure heart,</hi>
                        <note place="margin">H<gap reason="illegible" resp="#TECH" extent="1 letter">
                              <desc>•</desc>
                           </gap>b 9 14. 10. 22. 13. 18.</note> 
                        <hi>and a good con<g ref="char:EOLhyphen"/>science,</hi>
                        <note place="margin">Acts 15 9.</note>
                        <hi>and faith unfeigned:</hi> that is, out of <hi>an unfeigned faith</hi> proceeds <hi>a good
conscience;</hi> that is, <hi>abstinence from sin;</hi> and from thence comes <hi>purity of heart,</hi>
or a separation from the trifling regards of the world, and all affections to sin;
and these all end in <hi>charity:</hi> that is, in peace, and joy, and the fruition and love
of God, in Unions and Contemplations in the bosome of Eternity. So that
<hi>faith</hi> is the first mover in the understanding part, and the next is <hi>conscience,</hi>
and they both purify the heart from false perswasions, and evil affections;
and then they joyn to the production of <hi>love</hi> and of <hi>felicity.</hi>
                     </p>
                     <p>Thus farre is the Nature and Offices of Conscience: It will concern us
next, to consider by what General measures we are to treat our Consci<g ref="char:EOLhyphen"/>ence
that it may be useful to us in all the intentions of it, and in the
designs of God.</p>
                  </div>
                  <div n="3" type="rule">
                     <head>RULE 3. Be careful that prejudice or passion, fancy and affe<g ref="char:EOLhyphen"/>ction,
error or illusion, be not mistaken for Con<g ref="char:EOLhyphen"/>science.</head>
                     <p>NOthing is more usual,<note place="margin">1.</note> then to pretend <hi>Conscience</hi> to all the actions of men
which are publick, and whose nature cannot be concealed. If arms be
taken up in a violent warre; inquire of both sides, why they ingage on that part
respectively? they answer, because of their Conscience. Ask a Schismatick
why he refuses to joyn in the Communion of the Church? he tels you, it is
against his Conscience: And the disobedient refuse to submit to Laws; and
they also in many cases pretend Conscience. Nay, some men suspect their bro<g ref="char:EOLhyphen"/>ther
of a crime and are perswaded (as they say) in Conscience that he did it:
and their Conscience tels them that <hi>Titius</hi> did steal their goods, or that <hi>Caia</hi>
                        <gap reason="illegible" resp="#TECH" extent="1 word">
                           <desc>〈◊〉</desc>
                        </gap> an adulteress. And so Suspicion, and Jealousie, and Disobedience, and Re<g ref="char:EOLhyphen"/>bellion
<pb n="27" facs="tcp:58903:41"/>
are become <hi>Conscience;</hi> in which there is neither knowledge, nor re<g ref="char:EOLhyphen"/>velation,
nor truth, nor charity, nor reason, nor religion. <hi>Quod volumus san<g ref="char:EOLhyphen"/>ctum
est,</hi> was the Proverb of <hi>Tichonius</hi> and the <hi>Donatists.</hi>
                        <q>
                           <l>Nemo suae mentis motus non aestimat aequos,<note place="margin">Prosper Epigr. de cohibenda ira.</note>
                           </l>
                           <l>Quódque volunt homines se bene velle putant.</l>
                        </q>
                     </p>
                     <p>
                        <hi>Every mans way seems right in his own eyes;</hi> and what they think is not against
Conscience, they think or pretend to think, it is an effect of Conscience, and
so their fond perswasions and fancies are made sacred, and Conscience is pre<g ref="char:EOLhyphen"/>tended,
and themselves and every man else is abused. But in these cases and
the like, men have found a sweetness in it to serve their ends upon Religion,
and because Conscience is <hi>the Religious Understanding,</hi> or <hi>the Minde of a man as
it stands dres'd in and for Religion,</hi> they think that some sacredness or authority
passes upon their passion or design, if they call it <hi>Conscience.</hi>
                     </p>
                     <p>But by this Rule it is intended that we should observe the strict measures
of Conscience.<note place="margin">2.</note> For an illusion may make a Conscience, that is, may oblige
by its directive and compulsive power. Conscience is like a King whose power
and authority is regular, whatsoever counsel he follows. And although he
may command fond things, being abused by flatterers, or mis-information,
yet the commandement issues from a just authority, and therefore equally
passes into a Law; so it is in Conscience. If error, or passion dictates the King
is mis-informed, but the inferiors are bound to obey; and we may no more
disobey our Conscience commanding of evil things, then we may disobey our
King injoyning things imprudent and inconvenient. But therefore this Rule
gives caution to observe the information and inducement, and if we can dis<g ref="char:EOLhyphen"/>cern
the abuse, then the evil is avoided. For this Governour [<hi>Conscience</hi>] is
tied to Laws, as Kings are to the Laws of God and Nations, to Justice and
Charity; and a mans Conscience cannot be malicious: his <hi>Will</hi> may, but if the
error be discovered, <hi>the Conscience,</hi> that is, <hi>the practical understanding</hi> cannot.
For it is impossible for a man to beleeve what himselfe finds to be an error: and
when we perceive our Conscience to be misguided, the deception is at an end.
And therefore to make up this Rule complete, <hi>we ought to be strict and united to
our rule,</hi> for by that onely we can be guided, and by the proportions to it we
can discern <hi>right</hi> and <hi>wrong,</hi> when we walk safely, and when we walk by false
fires. Concerning which, besides the direct survey of the rule and action, and
the comparing each other, we may in cases of doubt and suspicion be helped
by the following measures.</p>
                     <p>
                        <hi>Advices for the practice of the former Rule.</hi>
                     </p>
                     <p>1. We are to suspect our Conscience to be mis-informed when we are not
willing to inquire into the particulars.<note place="margin">3.</note> He that searches, desires to finde, and
so farre takes the right course; for truth can never hurt a man, though it may
prejudice his vice, and his affected folly. In the inquiries after truth, every
man should have a travellers indifferency, wholly careless whether this or that
be the right way, so he may finde it. For we are not to choose the way be<g ref="char:EOLhyphen"/>cause
it looks fair, but because it leads surely. And to this purpose, the most
hearty and particular inquest is most prudent and effective. But we are afraid
of truth when we will not enquire, that is, when the truth is against our inte<g ref="char:EOLhyphen"/>rest
or passion, our lust or folly, that is, seemingly against us, in the present
indisposition of our affairs.</p>
                     <p>
                        <pb n="28" facs="tcp:58903:42"/>
2. He that resolves upon the conclusion before the premises,<note place="margin">4.</note> inquiring
into particulars to confirm his opinion at aventures, not to shake it if it be
false, or to establish it onely in case it be true, unless he be defended by
chance, is sure to mistake, or at least can never be sure whether he does or no.</p>
                     <p>This is to be understood in all cases to be so unless the <hi>particular unknown</hi>
be secured by a <hi>general</hi> that is <hi>known.</hi> He that beleeves Christs advocation
and intercession for us in heaven upon the stock of Scripture, cannot be pre<g ref="char:EOLhyphen"/>judic'd
by this rule, although in the inquiries of probation, and arguments
of the doctrine, he resolve to beleeve nothing that shall make against his
Conclusion; because he is ascertain'd by a proposition that cannot fail him.
The reason of this exception is this, because in all discourses which are not per<g ref="char:EOLhyphen"/>fectly
demonstrative, there is one lame supporter, which must be help'd out by
the better leg; and the weaker part does its office well enough, if it can bring
us to a place where we may rest our selves and rely. He that cannot choose
for himself, hath chosen well enough if he can choose one that can choose
for him; and when he hath, he may prudently rely upon such a person in all
particulars, where he himself cannot judge, and the other can, or he thinks he
can, and cannot well know the contrary. It is easier to judge of the general
lines of duty, then of minutes and particulars: and Travellers that are not well
skill'd in all the little turnings of the ways, may confidently rely upon a Guide
whom they choose out of the natives of the place; and if he understands the
coast of the Country, he may well harden his face against any vile person that
goes about wittily to perswade him he must goe the contrary way, though
he cannot answer his arguments to the contrary. A man may prudently and
piously hold a conclusion which he cannot defend against a witty adversary,
if he have one strong hold upon which he may rely for the whole question;
because he derives his conclusion from the best ground he hath, and takes the
wisest course he can, and uses the best means he can get, and chooses the safest
ways that are in his power. No man is bound to do better then his best.</p>
                     <p>3. Illusion cannot be distinguished from Conscience,<note place="margin">5.</note> if in our search we
take a wrong course and use incompetent instruments. He that will choose to
follow the multitude which easily erres, rather then the wise Guides of souls;
and a man that is his partner in the Question rather then him that is dis-inte<g ref="char:EOLhyphen"/>ress'd,
and them that speak by chance, rather then them who have studied the
Question, and a man of another Profession, rather then him whose office and
imployment it is to answer, hath no reason to be confident he shall be well
instructed.<note place="margin">In Lava<gap reason="illegible" resp="#TECH" extent="1 letter">
                              <desc>•</desc>
                           </gap>ro Conscien<gap reason="illegible" resp="#TECH" extent="1 letter">
                              <desc>•</desc>
                           </gap>.</note> 
                        <hi>John Nider</hi> tels an apologue well enough to this purpose: Two
brethren travelling together, whereof one was esteemed wise, and the other
little better then a fool, came to a place where the way parted. The foolish
brother espying one of them to be fair and pleasant, and the other dirty and
uneaven, would needs go that way, though his wiser brother told him, that in
all reason that must needs be the wrong way; but he followed his own eyes,
not his brothers reason: and his brother being more kinde then wise, though
against his reason, followed his foolish brother; they went on till they fell into
the hands of theeves, who robb'd them and imprisoned them, till they could
redeem themselves with a summe of money. These brothers accuse each
other before the King as author of each others evil. The wiser complained
that his brother would not obey him, though he was known to be wiser, and
spake reason. The other complain'd of him for following him that was a fool,
affirming that he would have return'd back if he had seen his wise brother con<g ref="char:EOLhyphen"/>fident,
<pb n="29" facs="tcp:58903:42"/>
and to have followed his own reason. The King condemn'd them
both; the fool because he did not follow the direction of the wise, and the
wise because he did follow the wilfulness of the fool. So will God deal with
us at the day of Judgement in the scrutinies of Conscience. If appetite refu<g ref="char:EOLhyphen"/>ses
to follow reason, and reason does not refuse to follow appetite, they have
both of them taken incompetent courses, and shall perish together. It was
wisely said of <hi>Brutus</hi> to <hi>Cicero,</hi>
                        <note place="margin">Lib. 11. samil epist.</note> 
                        <hi>Malo tuum judicium, quàm ex alter a parte omni<g ref="char:EOLhyphen"/>um
istorum. Tu enim à certo sensu &amp; vero judicas de nobis, quod isti nè faciant,
summâ mal<gap reason="illegible" resp="#TECH" extent="1 letter">
                              <desc>•</desc>
                           </gap>volentiâ &amp; livore impediuntur.</hi> I preferre thy judgement singly,
before all theirs, because thou judgest by intuition of the thing; they cannot
doe that, being hindred by envy and ill will. The particulars of reducing this
advice to practice in all speciall cases, I shall afterwards enumerate; for the
present, I say this onely, that a man may consent to an evil authority, and rest
in a false perswasion, and be conducted by an abused conscience, so long as
the <hi>Legislative Reason</hi> is not conjoyn'd to the <hi>Judge Conscience,</hi> that is, while
by unapt instruments we suffer our perswasions to be determined.</p>
                     <p>4. That determination is to be suspected that does apparently serve an in<g ref="char:EOLhyphen"/>terest,<note place="margin">6.</note>
and but obscurely serve a pious end,
<q>Utile quod nobis do tibi consilium,<note place="margin">Lib. 5. ep. 20. Mart.</note>
                        </q>
when that appears, and nothing else appears, the resolution or councel is to be
considered warily before it be pursued. It is a great allay to the confidence of
the bold talkers in the Church of <hi>Rome,</hi> and hinders their gain and market of
proselytes from among the wise and pious very much; that most of their pro<g ref="char:EOLhyphen"/>positions
for which they contend so earnestly against the other parts of Chri<g ref="char:EOLhyphen"/>stendome,
do evidently serve the ends of covetousness and ambition, of power
and riches, and therefore stand vehemently suspected of design and art, rather
then of piety or truth of the article, or designs upon heaven. I instance in the
Popes power over Princes and all the world; his power of dispensation; the
exemption of the Clergy from jurisdiction of secular Princes; the doctrine
of Purgatory and Indulgencies, by which once the Friers were set awork to
raise a portion for a Lady, the Neece of Pope <hi>Leo</hi> the tenth; the doctrine of
<hi>Transubstantiation,</hi> by the effects and consequence of which, the Priests are
made greater then Angels, and next to God; and so is also that heap of do<g ref="char:EOLhyphen"/>ctrines,
by the particulars of which the Ecclesiastical power is far advanced
beyond the authority of any warrant from Scripture, and is made highly in<g ref="char:EOLhyphen"/>strumental
for procuring absolute obedience to the Papacy. In these things
every man with half an eye can see the temporal advantage; but how piety
and truth shall thrive in the mean while, no eye hath yet been so illuminate
as to perceive. It was the advice of <hi>Ben Sirach,</hi>
                        <note place="margin">Ecclus. 37. 11.</note> 
                        <hi>Consult not with a woman
touching her of whom she is jealous, neither with a coward in matters of warre, nor
with a Merchant concerning exchange, nor with a buyer of selling, nor with an en<g ref="char:EOLhyphen"/>vious
man of thankfulness, nor with an unmerciful man touching kindness, nor
with the slothful for any work, nor with the hireling for a year of finishing work,
nor with an idle servant of much business; hearken not unto these in any matter of
counsel.</hi> These will counsel by their interest, not for thy advantage.</p>
                     <p>But it is possible that both truth and interest may be conjoyn'd; and
when a Priest preaches to the people the necessity of paying Tithes, where
they are by Law appointed, or when a poor man pleads for charity, or a man
in debt urges the excellency of forgetfulness; the truth which they discourse
of, cannot be prejudiced by their proper concernments. For if the proposi<g ref="char:EOLhyphen"/>tion
<pb n="30" facs="tcp:58903:43"/>
serves the ends in Religion, in providing for their personal necessities,
their need makes the instances still the more religious, and the things may
otherwise be proved. But when the end of piety is obscure, or the truth of
the proposition is uncertain, then observe the biass; and if the mans zeal be
bigger then the certainty of the proposition, it is to be estimated by the in<g ref="char:EOLhyphen"/>terest,
and to be used accordingly.</p>
                     <p>But this is not to prejudice him that gives the counsel, for although the
<hi>Counsel is to be suspected,</hi> yet <hi>the man is not,</hi> unless by some other indications
he betray himself. For he may be heartily and innocently perswaded of the
thing he counsels, and the more easily and aptly beleeve that against which
himself did less watch, because he quickly perceiv'd it could not be against
himself.</p>
                     <p>
                        <hi rend="margQuotes">Adde to this, the Counsel is the less to be suspected if it be ask'd, then
if it be offer'd. But this is a consideration of Prudence, not of Consci<g ref="char:EOLhyphen"/>ence
directly.</hi>
                     </p>
                     <p>5. If the proposition serve or maintain a vice,<note place="margin">7.</note> or lessen a vertue, it is
certainly not Conscience, but error and abuse; because no truth of God can
serve Gods Enemy directly, or by its own force and perswasion. But <hi>this
is to be understood onely in case, the answer does directly minister to sin,</hi> not if it
does so onely <hi>accidentally. Q. Furius</hi> is married to <hi>Valeria,</hi> but she being
fierce and imperious, quarrelsome and loud, and he peevish and fretful, turns
her away that he might have peace and live in patience. But being admoni<g ref="char:EOLhyphen"/>shed
by <hi>Hortensius</hi> the Orator to take her again, he asked counsel of the Priests,
and they advise him to receive her. He answers, that then he cannot live in<g ref="char:EOLhyphen"/>nocently,
but in a perpetual state of temptation, in which he daily fals. The
Priest replies, that it is his own fault; let him learn patience, and prudence;
for his fault in this instance is no warranty to make him neglect a duty in ano<g ref="char:EOLhyphen"/>ther;
and he answered rightly. If he had counsell'd him to drink intemperate<g ref="char:EOLhyphen"/>ly
to make him forget his sorrow, or to break her bones to make her silent, or
to keep company with harlots to vex her into compliance, his counsel had
ministred directly to sin, and might not be received.</p>
                     <p>6. Besides the evidence of the thing,<note place="margin">8.</note> and a direct conformity to the Rule,
to be judg'd by every sober person, or by himself in his wits, there is ordina<g ref="char:EOLhyphen"/>rily
no other collateral assurance, but an honest hearty endevour in our
proportion, to make as wise inquiries as we can, and to get the best helps
which are to be had by us, and to obey the best we doe make use of. To
which (because a deception may tacitly creep upon our very simplicity) if we
adde a hearty prayer, we shall certainly be guided thorough the labyrinth, and
secured against our selves,<note place="margin">Eccl<gap reason="illegible" resp="#TECH" extent="2 letters">
                              <desc>••</desc>
                           </gap>s. 37. 15.</note> and our own secret follies. This is the counsel of
the son of <hi>Sirach; Above all this; pray to the most high, that he will direct thy
way in truth.</hi>
                     </p>
                  </div>
                  <div n="4" type="rule">
                     <head>RULE 4. The Conscience of a vicious man is an evil Judge,
and an imperfect Rule.</head>
                     <p>THat I mean the <hi>Superiour</hi> and <hi>Inferiour</hi> part of <hi>Conscience,</hi>
                        <note place="margin">1.</note> is therefore
plain, because the Rule notes how the acts of Conscience may be made
invalid both as it is a <hi>Ruler,</hi> and as it is a <hi>Judge.</hi> But according to the several
offices this truth hath some variety.</p>
                     <p>
                        <pb n="31" facs="tcp:58903:43"/>
1. The superiour part of Conscience,<note place="margin">2.</note> or the <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap> repository of pra<g ref="char:EOLhyphen"/>ctical
principles (which for use and brevity sake, I shall call the <hi>phylactery</hi>)
or the Keeper of Records; that is, that part which contains in it all the na<g ref="char:EOLhyphen"/>tural
and reasonable principles of good actions, (such as are, <hi>God is to be wor<g ref="char:EOLhyphen"/>shipped,
Doe to others as they should doe to thee, The pledge is to be restored, By
doing harm to others thou must not procure thy own good,</hi> and the like) is always
a certain and regular Judge in the prime principles of reason and religion,
so long as a man is in his wits, and hath the natural use of reason. For those
things which are first imprinted, which are universal principles, which are con<g ref="char:EOLhyphen"/>sented
to by all men without a Teacher, those which <hi>Aristotle</hi> cals <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>,
those are always the last removed, and never without the greatest vio<g ref="char:EOLhyphen"/>lence
and perturbation in the world. But it is possible for a man to forget his
Name and his Nature: a Lycanthropy made <hi>Nebuchadnezar</hi> to doe so, and
a Fever made a learned Greek doe so: but so long as a mans reason is whole,
not destroyed by its proper disease; that is, so long as a man hath the use of
reason, and can and will discourse, so long his conscience will teach him the
general precepts of duty; for they are imprinted in his nature, and there is <hi>no<g ref="char:EOLhyphen"/>thing
natural</hi> to the soul, if reason be not; and <hi>no reason</hi> is, unless its first prin<g ref="char:EOLhyphen"/>ciples
be, and those <hi>first principles are most provided for,</hi> which are the most
perfective of a man, and necessary to his well being, and <hi>those are such which
concern the entercourse between God and Man,</hi> and between men in the first and
greatest lines of their society. The very opening of this chain is a sufficient
proof, it is not necessary to intricate it by offering more testimony.</p>
                     <p>2. But then these general principles are either to be considered as they
are habitually incumbent on the minde,<note place="margin">3.</note> or as actually applied to practice. In
the former sense they can never be totally extinguished, for they are natural
and will return when ever a man ceases from suffering his greatest violence;
and those violences which are so destructive of nature as this must be, that
makes a man forget his being, will fall off upon every accident and change.
<hi>Difficile est personam diu sustinere.</hi> But then when these principles come to be
applied to practice, a strong vice and a malicious heart can draw a veil over
them, that they shall not then appear to disorder the sensual resolution. A
short madness, and a violent passion, or a fit of drunkenness, can make a man
securely sin by incogitancy, even when the action is in the matter of an uni<g ref="char:EOLhyphen"/>versal
principle. No man can be brought to that pass, as to beleeve that
God ought not to be honoured; but supposing there is a God, it is unavoi<g ref="char:EOLhyphen"/>dable,
that this God must be honoured: but a transient and unnatural vio<g ref="char:EOLhyphen"/>lence
intervening in a particular case, suspends the application of that prin<g ref="char:EOLhyphen"/>ciple,
and makes the man not to consider his Rule; and there he omits to wor<g ref="char:EOLhyphen"/>ship
and honour this God in many particulars to which the principle is appli<g ref="char:EOLhyphen"/>cable.
But this Discourse is coincident with that Question,<note place="margin">In Rule 1. numb. 5. &amp; se<gap reason="illegible" resp="#TECH" extent="1 letter">
                              <desc>•</desc>
                           </gap>.</note> Whether Consci<g ref="char:EOLhyphen"/>ence
may be totally lost? of which I have already given accounts. That
and this will give light to each other.</p>
                     <p>3. But further, there are also some principles which are indeed naturally
known,<note place="margin">4.</note> that is, by principles of natural reason: but because they are not the
immediate principles of our creation and proper being, they have the same
<hi>truth,</hi> and the same <hi>seat,</hi> and the same <hi>certainty;</hi> but not the same <hi>prime evidence,</hi>
and <hi>connaturality</hi> to the soul; and therefore these may be lost, or obscured to
all purposes of usefulness, and their contradictories may be admitted into the
rule of Conscience. Of this nature, I reckon, that <hi>Fornication, violent and
<pb n="32" facs="tcp:58903:44"/>
craf<gap reason="illegible" resp="#TECH" extent="1 letter">
                              <desc>•</desc>
                           </gap>y contracts with many arts of deception, and overreaching our Brother, theft,
in<gap reason="illegible" resp="#TECH" extent="2 letters">
                              <desc>••</desc>
                           </gap>st in some kindes, drunkenness,</hi> and the like, <hi>are to be avoided.</hi> For concer<g ref="char:EOLhyphen"/>ning
these, it is certain that some whole Nations have so abused their Consci<g ref="char:EOLhyphen"/>ence
by evil manners, that the Law in their minde hath been cancell'd, and
these things have pass'd for lawful. And to this day, that Duels may be fought
by private persons and authority, is a thing so practised by a whole sort of men,
that it is beleev'd, and the practice, and the beleef of the lawfulness of it are
interchangeably daughter and mother to each other. These are such of whom
the Apostle speaks,<note place="margin">Rom. 1. 28.</note> they are <hi>given over to beleeve a lie,</hi> they are delivered <hi>to a
reprobate minde.</hi> And this often happens, and particularly in those cases
wherein one sin is inferr'd by another naturally, or morally, or by withdraw<g ref="char:EOLhyphen"/>ing
of the Divine grace.</p>
                     <p>4. Wherever the Superiour or the Ruling part of Conscience is an imper<g ref="char:EOLhyphen"/>fect
Rule;<note place="margin">5.</note> in the same cases the Inferior is an evil Judge, that is, acquits the
criminal, or condemnes the innocent, calling good evil, and evil good: which
is to be understood when the perswasion of the erring conscience is permanent
and hearty, not sudden, and by the rapid violence of a passion; for in this
case the conscience condemnes as soon as that is acted, to which before the
action it was cousened and betrayed: but it proceeds onely in abiding and
lasting errors. And this is the cause why so many orders of persons continue
in a course of sin with delight, and uninterrupted pleasure, thinking <hi>Rebellion
to be a just defence, Sacrilege a lawful title,</hi> while other men that are otherwise
and justly perswaded wonder at their peace, and hate their practices. Our
blessed Lord foretold concerning the Persecutors of the Church, that they
should <hi>think they did God good service.</hi> But such men have an evil portion, they
sing in the fire, and go dancing to their graves, and sleep on till they be awa<g ref="char:EOLhyphen"/>kened
in hell. And on the other side, this is because of superstition, and scru<g ref="char:EOLhyphen"/>ples,
and sometimes of despairing and unreasonable fears, when the Consci<g ref="char:EOLhyphen"/>ence
is abused by thinking that to be a sin, which is none.</p>
                  </div>
                  <div n="5" type="rule">
                     <head>RULE 5. All Consciences are to walk by the same Rule,
and that which is just to one, is so to all, in the
like circumstances.</head>
                     <p>IF all men were governed by the same Laws,<note place="margin">1.</note> and had the same interest, and
the same degrees of understanding, they would perceive the truth of this
Conclusion. But men are infinitely differenced by their own acts and relations,
by their Understandings and proper Oeconomy, by their superinduc'd differen<g ref="char:EOLhyphen"/>ces
and orders, by interest and mistake, by ignorance and malice, by sects and
deceptions. And this makes that two men may be damned for doing two
contradictories: as a Jew may perish for not keeping of his Sabbath, and a
Christian for keeping it; an Iconoclast for breaking images, and another for
worshipping them: for eating, and for not eating; for receiving the holy
Communion, and for not receiving it; for comming to Church, or staying
at home.</p>
                     <p>But this variety is not directly of Gods making,<note place="margin">2.</note> but of Mans. God
commands us to walk by the same rule, and to this end, <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>, <hi>to
<pb n="33" facs="tcp:58903:44"/>
be of the same minde;</hi> and this is <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>, the exactness of our
Conscience; which precept were impossible to be observed, if there were not
one rule, and this rule also very easy. For some men have but a small portion
of reason and discretion, and they cannot help it; and yet the precept is in<g ref="char:EOLhyphen"/>cumbent
upon them all alike; and therefore as the rule is one, so it is plain
and easy, and written in every mans heart; and as every mans reason is the same
thing, so is every mans conscience; and this comes to be altered, just as that.</p>
                     <p>Neither is the unity of the Rule prejudic'd by the infinite difference of
cases. For as a river springing from the mountains of the East is tempted by
the levels of the ground and the uneasiness of its passage,<note place="margin">3.</note> to make some turns
backward toward its head, even while it intends Westward; so are the cases
of Conscience branch'd out into instances, sometimes of contrary proceed<g ref="char:EOLhyphen"/>ings,
who are to be determin'd to cross effects, but still upon the same account.
For in all things of the world the obligation is uniform, and it is of the same
perswasion.</p>
                     <p>The case is this:</p>
                     <p>
                        <hi>Autolycus</hi> robb'd the gardens of <hi>Trebonius,</hi>
                        <note place="margin">4.</note> and ask'd him forgiveness and had
it. But when <hi>Trebonius</hi> was chosen Consul, and <hi>Autolycus</hi> robb'd him again,
and was taken by others, and as a theef brought before him, he ask'd for<g ref="char:EOLhyphen"/>giveness
again; but <hi>Trebonius</hi> condemn'd him to the Gallies: for he who be<g ref="char:EOLhyphen"/>ing
a private man was bound to forgive a repenting trespasser, being a Ma<g ref="char:EOLhyphen"/>gistrate
was bound not to forgive him; and both these were upon the same
account. A man may forgive an injury done to himself, because it is his own
right, and he may alone meddle in it; but an injury done to the Common-wealth,
She onely could forgive, not her Minister. So,</p>
                     <p>He that fasted upon a Saturday in <hi>Ionia</hi> or <hi>Smyrna</hi> was a Schismatick;
and so was he who did not fast at <hi>Milan</hi> or <hi>Rome</hi> upon the same day, both up<g ref="char:EOLhyphen"/>on
the same reason;
<q>
                           <l>Cùm fueris Romae, Romano vivito more,</l>
                           <l>Cùm fueris alibi, vivito sicut ibi.</l>
                        </q>
because he was to conform to the custome of <hi>Smyrna,</hi> as well as to that of
<hi>Milan,</hi> in the respective Diocesses.</p>
                     <p>To kill a man in some cases defiles a land;<note place="margin">6.</note> in others it cleanses it, and puts
away bloud from the people: and it was plain in the case of circumcision.
S. <hi>Paul</hi> did it, and did it not; both because he ought, and because he ought
not; and all upon the same account and law of charity. And therefore all
inquiries, and all contentions, and questions should be relations to the Rule,
and be tried by nothing but a plain measure of Justice and Religion, and not
stand or fall by relations to separate propositions and distinct regards. For
<hi>that</hi> is one and easy; <hi>these</hi> are infinite, uncertain, and contradictory. <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>.
It is a very great cause of mischief not to be able
to deduce general propositions, and fit them to particular cases,<note place="margin">In Epicter. lib. 3. c. 26.</note> said <hi>Arria<g ref="char:EOLhyphen"/>nus.</hi>
But because all men cannot, therefore there will be an eternal necessity
of spiritual guides, whose imployment, and the business of their life must be
to make themselves able <hi>respondere de jure,</hi> to answer in matters of law,
and they also must be truly informed in the matters of fact.</p>
                  </div>
                  <div n="6" type="rule">
                     <pb n="34" facs="tcp:58903:45"/>
                     <head>RULE 6. In Conscience that which is first is truest, easiest,
and most useful.</head>
                     <p>THere are some practices,<note place="margin">1.</note> which at the first sight, and by the very name
and nature of the things themselves, seem as directly unreasonable and
against a Commandement, as any other thing of the foulest reproach; and yet
object the sin to the owners, and they will tell so many fine stories, and
struggle, and distinguish, and state the question in a new manner, and chop it
into fragments, and disguise the whole affair, that they do not onely content
and beleeve themselves, but also lessen the confidence of the adversary,
and make a plain rule an uneasy lesson. I instance in the question of images,
the making of some of which, and the worshipping of any, does at the first
sight as plainly dash against the second Commandement, as adultery does
against the sixth. But if you examine the practice of the Roman Church, and
estimate them by the more wary determination of the Article in <hi>Trent,</hi> and
weigh it by the distinctions and laborious devices of its Patrons, and beleeve
their pretences and shews, it must needs be that you will abate something of
the reproof; and yet all the while the worship of images goes forward: and
if you lay the Commandement over against the devices and distinctions, it
will not be easy to tell what the Commandement does mean; and yet be<g ref="char:EOLhyphen"/>cause
it was given to the meanest understandings, and was fitted for them,
either the Conscience is left without a clear rule, or that sense is to be fol<g ref="char:EOLhyphen"/>lowed
which stands nearest the light, that which is next to the natural and
proper sense of the words. For it is certain God put no disguises upon his
own Commandements, and the words are meant plainly and heartily; and the
further you remove from their first sense, the more you have lost the purpose
of your rule. In matters of conscience, that is the best sense which every
wise man takes in before he hath sullied his understanding with the disguises
of sophisters, and interessed persons; for then they speak without prejudice
and art, that is, so as they should speak, who intend to guide wise men, and all
men.</p>
                     <p>But this is to be understood otherwise,<note place="margin">2.</note> when the first sense of the words
hath in its letter a prejudice open and easy to be seen; such as is that of <hi>putting
out the right eie,</hi> or <hi>cutting off the hand.</hi> The face is a vizor and a metaphor,
and the heart of it onely is the Commandement, and that is to be understood
by the measures of this rule, that is, the prime and most natural signification
is the best, that which is of nearest correspondency to the metaphor and the
design of the Speaker, and the occasion and matter of the discourse.</p>
                     <p>But in all things where the precept is given in the proper style of laws,<note place="margin">3.</note>
and the vail is off, and the words are plain, he that takes the first sense is the
likeliest to be well guided. If a war be commenced between a King and his
People, he that is willing to reade his duty, may see it in the words of Christ
and of three Apostles, and it is easy to know our duty; but when we are inga<g ref="char:EOLhyphen"/>ged
against our Prince, it is certain we are hugely put to it to make it lawful,
and when our conscience must struggle for its rule, it is not so well as when
it takes that which lies easy before us. Truth is easy, error is intricate and
hard. If none but witty men could understand their duty, the ignorant and
<pb n="35" facs="tcp:58903:45"/>
ideot could not be saved; but in the event of things it will be sound, that
this mans Conscience was better guided while simplicity held the taper, then
by all the false fires of art, and witty distinctions. <hi>Qui ambulat simpliciter,
ambulat confidenter,</hi> saith <hi>Solomon.</hi> It is safer to walk upon plain ground, then
with tricks and devices to dance upon the ropes.</p>
                  </div>
                  <div n="7" type="rule">
                     <head>RULE 7. Conscience by its several habitudes and relations, or
tendencies toward its proper object, is divided
into several kindes.</head>
                     <p>
                        <hi>COnscience</hi> in respect of its information,<note place="margin">1.</note> or as it relates to its object, taken
materially, and in the nature of the thing, is either <hi>True</hi> or <hi>False, Right</hi> or
<hi>Wrong. True</hi> when it is rightly informed, and proceeds justly. <hi>False</hi> when it
is deceived. Between these as participating of either extreme, stands the <hi>pro<g ref="char:EOLhyphen"/>bable
Conscience;</hi> which if we consider as it relates to its object, is sometimes
<hi>right,</hi> and sometimes <hi>wrong,</hi> and so may be reduc'd to either, according as it
is in the event of things. For in two contradictories which are both pro<g ref="char:EOLhyphen"/>bable,
as if one be, both are, if one part be <hi>true,</hi> the other is <hi>false;</hi> and the
conscience of the several men holding the opposite parts, must be so too, that
is, <hi>right</hi> and <hi>wrong,</hi> deceiv'd and not deceiv'd <hi>respectively.</hi> The division then
of Conscience in respect of its object is tripartite.</p>
                     <p>For in all questions,<note place="margin">2.</note> if notice can be certainly had, he that gets the no<g ref="char:EOLhyphen"/>tice,
hath a <hi>True Conscience:</hi> He that misses it, hath a <hi>False</hi> or <hi>Erring Consci<g ref="char:EOLhyphen"/>ence.</hi>
But if the notices that can be had be uncertain, imperfectly revealed, or
weakly transmitted, or understood by halfs, or not well represented; because
the <hi>understanding</hi> cannot be <hi>sure,</hi> the <hi>conscience</hi> can be but <hi>probable.</hi> But ac<g ref="char:EOLhyphen"/>cording
as the understanding is fortunate, or the man wise and diligent, and
honest enough to take the right side of the probability, so the conscience
takes its place in the <hi>Extreme,</hi> and is reduc'd to <hi>Right</hi> or <hi>Wrong</hi> accordingly.</p>
                     <p>But to be <hi>Right</hi> or <hi>Wrong,</hi>
                        <note place="margin">3.</note> is wholly extrinsecal to the <hi>formal</hi> obligation of
<hi>Conscience,</hi> as it is a Judge and a Guide, and to the consequent duty of the
Man. For an <hi>erring conscience</hi> binds as much as the <hi>right conscience, directly</hi> and
<hi>immediately,</hi> and <hi>collaterally</hi> more; that is, the man who hath an <hi>erring con<g ref="char:EOLhyphen"/>science</hi>
is tied to more and other duties, then he that is in the <hi>right.</hi> The con<g ref="char:EOLhyphen"/>science
binds because it is heartily perswaded, not because it is truly informed;
not because it is <hi>right,</hi> but because it thinks so.</p>
                     <p>It does indeed concern the duty of Conscience,<note place="margin">4.</note> and its felicity, to see that
it be rightly instructed, but as to the consequence of the action, it is all one:
this must follow whatsoever goes before. And therefore although it concerns
the man as much as his felicity, and all his hopes comes to, to take care that
his conscience be not abused in the matter of duty; yet a <hi>Right</hi> and a <hi>Wrong
conscience</hi> are not made distinct Guides and different Judges. Since therefore
we are to consider and treat of Conscience, as it is the Guide of our actions,
and Judge of our persons, we are to take it in other aspects, then by a direct
face towards its object; the relation to which alone, cannot diversify its
<pb n="36" facs="tcp:58903:46"/>
kinde, so much as to become an universal Rule to us in all cases and emer<g ref="char:EOLhyphen"/>gencies.</p>
                     <p>Now because intellectual habits imployed about the same general object,
have no way to make them of different natures, but by their formal tendencies,
and different manners of being affected with the same object; we are in order
to the perfect division and assignation of the kinds of conscience, to consider
the Right Conscience, either as it is <hi>Sure,</hi> or as it is onely <hi>Confident,</hi> but <hi>not
Sure.</hi> For <hi>an Erring conscience</hi> and <hi>the Unerring</hi> are the same <hi>Judge,</hi> and the
same <hi>Guide,</hi> as to the <hi>Authority,</hi> and <hi>Perswasion,</hi> and as to the <hi>effect</hi> upon the
<hi>person:</hi> but yet they differ infinitely in their <hi>Rule;</hi> and the <hi>persons</hi> under their
conduct differ as much in their <hi>state</hi> and <hi>condition.</hi> But our <hi>Conscience</hi> is not a
good <hi>Guide</hi> unless we be truly informed and know it. For if we be <hi>truly infor<g ref="char:EOLhyphen"/>med</hi>
and <hi>know it not,</hi> it is an <hi>uncertain</hi> and an <hi>imperfect Guide.</hi> But if we be <hi>con<g ref="char:EOLhyphen"/>fident</hi>
and yet <hi>deceived,</hi> the uncertainty and haesitation is taken off, but we are
still very <hi>miserable.</hi> For we are like an erring Traveller, who being out of
the way, and thinking himself right, spurs his horse and runs full speed: <hi>he
that comes behinde, is nearer to his journeys end.</hi>
                     </p>
                     <p>That therefore is the first kinde of Conscience;<note place="margin">6.</note> 
                        <hi>The Right Sure Consci<g ref="char:EOLhyphen"/>ence;</hi>
and this alone is fit to be our <hi>Guide;</hi> but this alone is not our <hi>Judge.</hi>
                     </p>
                     <p>2. Opposite to this is the <hi>Confident</hi> or <hi>Erring Conscience;</hi>
                        <note place="margin">7.</note> that is, such which
indeed is mis-informed, but yet assents to its object with the same confidence
as does the Right and Sure; but yet upon differing grounds, motives, and in<g ref="char:EOLhyphen"/>ducements:
which because they are always criminal, although the assent is
peremptory and confident, yet the deception is voluntary and vicious in its
cause; and therefore the present confidence cannot warrant the action, it onely
makes the sinner bold. So that these two differ in their manner of entring
into the assent; the one entring by the door, the other by the breaches of the
wall. Good will, and Bad, Vertue and Vice, Duty and Sin, keeping the se<g ref="char:EOLhyphen"/>veral
keys of the perswasion and consent.</p>
                     <p>This <hi>Erring Conscience</hi> I therefore affirm to be always Voluntary and
Vicious in its principle,<note place="margin">8.</note> because all Gods laws are plain in all matter of neces<g ref="char:EOLhyphen"/>sary
duty: and when all men are to be guided, learned and unlearned, the Rule
is plain and easy, because it is necessary it should be so. But therefore if there
happen any invincible ignorance, or involuntary deception, it is there where
the Rule is not plain, and then the Matter is but <hi>probable,</hi> and then the Consci<g ref="char:EOLhyphen"/>ence
is according. And this makes the third kinde of Conscience, in respect
of the different manner of being affected with the object.</p>
                     <p>3. <hi>The Probable Conscience</hi> is made by that manner of assent to the object,<note place="margin">9.</note>
which is indeed <hi>without fear,</hi> but <hi>not without imperfection.</hi> The thing it self is of
that nature, that it cannot properly make faith or certainty of adherence; and
the understanding considers it as it is represented without any prejudice or
prepossession; and then the thing must be beleeved as it deserves and no more:
but because it does not deserve a <hi>full assent,</hi> it hath but <hi>an imperfect one;</hi> but it
is perfect enough in its kinde, that is, it is as much as it ought to be, as much
as the thing deserves. These are all the kinds of <hi>Conscience</hi> that are <hi>perfect.</hi>
                     </p>
                     <p>4. But sometimes the state and acts of conscience are imperfect;<note place="margin">10.</note> as the
vision of an evil eye, or the motion of a broken arm, or the act of an imperfect
<pb n="37" facs="tcp:58903:46"/>
or abused understanding: so the <hi>conscience</hi> in some cases is carried to its object
but with an imperfect assent, and operates with a lame and deficient principle:
and the causes of it are the vicious or abused affections, accidents or incidents
to the Conscience. Sometimes it happens that the arguments of both the
sides in a question seem so indifferent, that the conscience being affrighted and
abused by fear and weakness dares not determine, and consequently dares not
doe any thing; and if it be constrain'd to act, it is determin'd from without,
not by it self, but by accidents and perswasion, by importunity or force, by
interest or fear: and what ever the ingredient be, yet when it does act, it acts
with fear, because it reflects upon it self, and considers it hath no warrant, and
therefore whatever it does becomes a sin. This is the calamity of <hi>a doubting
Conscience.</hi> * This <hi>doubting</hi> does not always proceed from the equality of the
parts of the question, but sometimes wholly from want of knowing any thing
of it: as if we were put to declare whether there were more men or women
in the world? whether the number of the starres were even or odde? some<g ref="char:EOLhyphen"/>times
from inconsideration, sometimes from surprise, sometimes from confu<g ref="char:EOLhyphen"/>sion
and disease; but from what principle soever it be, there is always some
fear in it. <hi>This Conscience can neither be a good Guide, nor a good Judge:</hi> we
cannot doe any thing by its conduct, nor be judg'd by it; for all that can be
done before or after it, is not by it, but by the suppletories of the perfect con<g ref="char:EOLhyphen"/>science.</p>
                     <p>5. A less degree of this evil,<note place="margin">11.</note> is that which by the Masters of moral The<g ref="char:EOLhyphen"/>ology
is called, <hi>The scrupulous Conscience,</hi> which is not a distinct kinde of con<g ref="char:EOLhyphen"/>science
as is usually supposed, but differs from the <hi>doubting Conscience</hi> only in
the degrees of the evil. The doubt is less, and the fear is not so violent as to
make it unlawful to doe any thing: something of the doubt is taken off, and
the man can proceed to action <hi>without sin,</hi> but <hi>not without trouble;</hi> he is un<g ref="char:EOLhyphen"/>easy
and timorous even when he is most innocent; and the causes of this,
are not onely portions of the same weaknesses which cause the <hi>doubting Con<g ref="char:EOLhyphen"/>science;</hi>
but sometimes <hi>Superstition,</hi> and <hi>Melancholy,</hi> and <hi>Pusillanimity</hi> and <hi>mean
opinions of God</hi> are ingredients into this imperfect assent: and in such cases,
although the scrupulous man may act without sin, and produce his part of the
determination, yet his scruple is not innocent, but sometimes criminal, but
always calamitous. This is like <hi>a mote in the eye,</hi> but a doubt is like <hi>a beam.</hi>
                     </p>
                     <p>
                        <hi>This Conscience may be a right Guide,</hi>
                        <note place="margin">12.</note> 
                        <hi>but dares not be a Judge:</hi> it is like a
Guide in the dark that knows the way, but fears every bush; and because he
may erre, thinks he does. The effect of this imperfection is nothing but a
heartless and uncomfortable proceeding in our duty, and what else the De<g ref="char:EOLhyphen"/>vil
can make of it, by heightning the evil and abusing the man, who sits upon
a sure foundation, but dares not trust it: he cannot rely upon that, which yet
he cannot disbeleeve.</p>
                     <p>6. There are some other affections of Conscience,<note place="margin">13.</note> and accidental appen<g ref="char:EOLhyphen"/>dages;
but because they doe not vary the manner of its being affected with
its proper object, they cannot diversity Conscience into several kinds, as it is
a <hi>Guide</hi> and <hi>Judge</hi> of Humane actions. But because they have no direct in<g ref="char:EOLhyphen"/>fluence
upon our souls, and relate not to duty, but are to be conducted by
rules of the other kinds, I shall here onely enumerate their kinds, and permit
to Preachers to discourse of their natures, and collateral obligations to duty,
of their remedies and assistances, their advantages and disadvantages respe<g ref="char:EOLhyphen"/>ctively.
These also are five: 1. <hi>The tender Conscience.</hi> 2. <hi>The hardned or obdu<g ref="char:EOLhyphen"/>rate.</hi>
3. <hi>The quiet.</hi> 4. <hi>The restless or disturbed.</hi> 5. And lastly, <hi>The perverse Con<g ref="char:EOLhyphen"/>science.</hi>
                        <pb n="38" facs="tcp:58903:47"/>
Concerning which, I shall at present say this onely: That the two
first are seated principally in the Will, but have a mixture of <hi>Conscience,</hi> as <hi>Do<g ref="char:EOLhyphen"/>cibility</hi>
hath of <hi>Understanding.</hi> The two next are seated in the <hi>fancy,</hi> or the
affections, and are not properly plac'd in the <hi>Conscience,</hi> any more then <hi>love</hi>
or <hi>desire;</hi> but yet from Conscience they have their birth. And for the last, it
is a heap of irregular principles, and irregular defects, and is the same in <hi>Con<g ref="char:EOLhyphen"/>science,</hi>
as <hi>deformìty</hi> is in the <hi>body,</hi> or <hi>peevishness</hi> in the <hi>affections.</hi>
                     </p>
                  </div>
               </div>
               <div n="2" type="chapter">
                  <head>CHAP. II. Of the Right or Sure Conscience.</head>
                  <div n="1" type="rule">
                     <head>RULE 1. A right Conscience is that which guides our actions
by right and proportion'd means to a right end.</head>
                     <p>
                        <hi>
                           <seg rend="decorInit">T</seg>HE end</hi> is, Gods glory, or any honest purpose of Justice
or Religion, Charity or Civil conversation. Whatsoever
is good for us, or our neighbours, in any sense perfective
of our being as God purposed it, all that is our end. <hi>The
means</hi> ought to be such as are apt instruments to procure
it. If a man intends to live a severe life, and to attend Re<g ref="char:EOLhyphen"/>ligion,
his End is just and fair, and so far <hi>his Conscience is
right:</hi> but if his Conscience suggest to him, that he to obtain his end should
erect Colleges of Women; and in the midst of Feasts, and Songs, and Soci<g ref="char:EOLhyphen"/>ety,
he should Preach the Melancholy Lectures of the Cross, <hi>it is not right;</hi>
because the end is reach'd at by a contrary hand. But when it tels him, that
to obtain continence he must fast and pray, watch diligently, and observe
prudently, labour and read, and deny his appetite in its daily attempts upon
him, then it is <hi>a right Conscience.</hi> For <hi>a right Conscience</hi> is nothing but <hi>right
Reason</hi> reduc'd to practise, and conducting Moral actions. Now all that <hi>right
Reason</hi> can be defin'd by, is the propounding a good end, and good means
to the end.</p>
                  </div>
                  <div n="2" type="rule">
                     <head>RULE 2. In a right Conscience, the practical judgement, that
is, the last determination to an action, ought to be
sure and evident.</head>
                     <p>THIS is plain in all the great lines of duty,<note place="margin">1.</note> in actions determinable by the
prime principles of natural Reason, or Divine revelation; but it is true
also in all actions conducted by a right and perfect Conscience. This relies
upon all that account on which it is forbidden to doe actions of danger, or
doubt, lest we perish in the danger, which are to be handled in their proper
place. But for the present we are to observe, that in the question of actions,
whose rule is not notorious and primely evident, there is or may be a double
judgement.</p>
                     <p>
                        <pb n="39" facs="tcp:58903:47"/>
The first judges the thing probable by reason of the differing opinions
of men wise and pious;<note place="margin">2.</note> but in this there is a fear or suspicion of the contrary,
and therefore in <hi>the direct act</hi> nothing is certain. 2. But there is also a <hi>reflex
act of judgement;</hi> which upon consideration that it is certain that a probable
action may lawfully be done; or else, that that which is but probable in the
nature of the thing (so farre as we perceive it) may yet by the superadding of
some circumstances, and prudential considerations, or by <hi>equity,</hi> or <hi>necessity</hi>
become more then probable in the particular; although (I say) the Consci<g ref="char:EOLhyphen"/>ence
be uncertain in the direct act, yet it may be certain, right, and determin'd
in the reflex and second act of judgement; and if it be, it is innocent and safe,
it is that which we call the <hi>Right-sure Conscience.</hi>
                     </p>
                     <p>For in moral things there cannot ordinarily be a demonstrative,<note place="margin">3.</note> or Ma<g ref="char:EOLhyphen"/>thematical
certainty; and in Morality we call that <hi>certain,</hi> that is, a thing to
be followed and chosen, which oftentimes is but <hi>very highly probable;</hi> and
many things doe not attain that degree; and therefore, because it is very often
impossible, it is certainly not necessary that <hi>the direct judgement</hi> should be
sure and evident in all cases.<note place="margin">Aristo<gap reason="illegible" resp="#TECH" extent="1 letter">
                              <desc>•</desc>
                           </gap>. Ethic. lib. 6. cap. 6.</note> 
                        <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>,
Science is of those things which
can be demonstrated; but prudence [and conscience] of things which are
thus, or may be otherwise. But if it be not supplied in the reflex and second
act of judgement, so that the conscience be either <hi>certain in the object,</hi> or <hi>in the
act,</hi> the whole progress is a danger, and the product is criminal; the consci<g ref="char:EOLhyphen"/>ence
is doubtful, and the action is a sin.</p>
                     <p>It is in this as is usually taught concerning the Divine knowledge of
things contingent;<note place="margin">4.</note> which although they are in their own nature fallible and
contingent, yet are known certainly and infallibly by God, and according to
the nature of the things, even beyond what they are in their natural, proper,
and next causes: and there is a rare, and secret expression of Christs incarna<g ref="char:EOLhyphen"/>tion
used by S. <hi>Paul [in whom dwelleth all the fulness of the Godhead bodily</hi>] that
is, the manner is contrary to the thing; the Godhead that is wholly <hi>incorp<gap reason="illegible" resp="#TECH" extent="1 letter">
                              <desc>•</desc>
                           </gap>real</hi>
dwels in him <hi>corporally.</hi> After the like manner of signification is the present
certainty I speak of. If it be <hi>not certain in the object,</hi> it must be <hi>certain in the
faculty,</hi> that is, at least it must be a certain perswasion, though of an uncertain
article: and we must be certain and fully perswaded that the thing may be
done by us lawfully, though whether the thing it self be lawful, is at most
but highly probable.</p>
                     <p>So that in effect it comes but to this:<note place="margin">5.</note> The knowledge that is here requi<g ref="char:EOLhyphen"/>red,
is but the fulness of perswasion, which is and ought to be in <hi>a Right Con<g ref="char:EOLhyphen"/>science:</hi>
                        <note place="margin">Rom. 14. 14.</note>
                        <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>, <hi>I know and am perswaded in the Lord Jesus;</hi> so S. <hi>Paul.</hi>
Our <hi>knowledge</hi> here, which is but <hi>in part,</hi> must yet be <hi>a full confidence</hi> for the
matters of duty. The Conclusions then are these:</p>
                     <p>1. There must be a certainty of adherence in the actions of a right Con<g ref="char:EOLhyphen"/>science.</p>
                     <p>2. It must also for the matter of it too, at least be on the right side of the
probability.</p>
                     <p>The conscience must be confident, and it must also have reason enough so to
be; or at least, so much as can secure the confidence from illusion; although
possibly the Confidence may be greater then the Evidence, and the Conclu<g ref="char:EOLhyphen"/>sion
bigger then the Premises. Thus the good simple man that about the
time of the Nicene Councel confuted the stubborn and subtle Philosopher
<pb n="40" facs="tcp:58903:48"/>
by a confident saying over his Creed: and the holy and innocent ideot, or
plain easy people of the Laity, that cannot prove Christianity by any demon<g ref="char:EOLhyphen"/>strations,
but by that of a holy life, and obedience unto death; they beleeve
it so, that they put all their hopes upon it, and will most willingly prove it
again by dying for it, if God shall call them. This is one of the excellencies
of faith; and in all cases where the mercies of God have conducted the man
into the right, it is not subject to illusion. But for that particular, I mean, that
we be in the right, we are to take all that care which God hath put into our
power; of which I have already said something, and shall give fuller accounts
in its proper place.</p>
                  </div>
                  <div n="3" type="rule">
                     <head>RULE 3. The practical judgement of a right Conscience is al<g ref="char:EOLhyphen"/>ways
agreeable to the speculative determination
of the Understanding.</head>
                     <p>THIS Rule is intended against those whose understanding is right in the
proposition,<note place="margin">1.</note> and yet declines in the application; it is true in <hi>thesi,</hi> but not
in <hi>hypothesi;</hi> it is not true when it comes to be their case: and so it is in all that
sin against their conscience, and use little arts to evade the clamor of the sin.
They are right in the rule, and crooked in the measuring; whose folly is ap<g ref="char:EOLhyphen"/>parent
in this, because they deny in particular what they affirm in the gene<g ref="char:EOLhyphen"/>ral;
and it is true in <hi>all,</hi> but not in <hi>some. David</hi> was redargued wittily by
<hi>Nathan</hi> upon this account; he laid the case in a remote Scene: <hi>Tìtius,</hi> or <hi>Sem<g ref="char:EOLhyphen"/>pronius,</hi>
a certain rich man, I know not who, some body or other <hi>robb'd the
poor man of his Ewe lamb.</hi> Therefore said <hi>David</hi> he shall die who ever he be.
Yea, but you are the man: what then? shall he die still? This is a new arrest;
it could not be denied, his own mouth had already given the sentence.</p>
                     <p>And this is an usual,<note place="margin">2.</note> but a most effective Art to make the conscience right
in the particular, by propounding the case separate from its own circumstan<g ref="char:EOLhyphen"/>ces,
and then to remove it to its own place is no hard matter. It was an inge<g ref="char:EOLhyphen"/>nious
device of <hi>Erasistratus</hi> the Physician,<note place="margin">De bellis Sy<g ref="char:EOLhyphen"/>tiacis.</note> of which <hi>Appian</hi> tells: <q>When
yong <hi>Antiochus</hi> almost died for love of <hi>Stratonica</hi> his Father <hi>Seleucus</hi> his Wife,
the Physician told the passionate and indulgent Father, that his son was sick
of a disease, which he had indeed discovered, but found it also to be incu<g ref="char:EOLhyphen"/>rable.
<hi>Seleucus</hi> with sorrow asking what it was? <hi>Erasistratus</hi> answered, He
loves my wife. But then the old Kings hopes began to revive, and he
turn'd wooer in the behalf of his son, begging of the Physician who was his
Counsellor and his friend, for pity sake, for friendship and humanity to give
his wife in exchange or redemption for the yong Kings life. <hi>Erasistratus</hi> re<g ref="char:EOLhyphen"/>plied,
Sir you ask a thing too unreasonable and great; and though you are
his Father, your self would not do it, if it were your own case; and therefore
why should I? when <hi>Seleucus</hi> swore by all his Country gods that he would
doe it as willingly as he would live; <hi>Erasistratus</hi> drew the curtain of the de<g ref="char:EOLhyphen"/>vice,
and applied it to him, by telling, that the cure of his son depended upon
his giving the Queen <hi>Stratonica</hi> to him, which he did; and afterwords made
it as lawful as he could, by a Law postnate to that insolent example, and
confirm'd it by military suffrages.</q>
                     </p>
                     <p>
                        <pb n="41" facs="tcp:58903:48"/>
In all cases we are to consider the rule,<note place="margin">3.</note> not the relation; the law, not the
person: for if it be one thing in the proposition, and another in the assum<g ref="char:EOLhyphen"/>ption,
it must be false in one place or the other, and then the Conscience is
but an ill Guide, and an ill Judge.</p>
                     <p>This rule is not to extend to the exception of particular cases;<note place="margin">4</note> nor to
take away privileges, pardons, equity. For that which is fast in the proposi<g ref="char:EOLhyphen"/>tion,
may become loose in the particular by many intervening causes, of which
I am to give account in its due place. For the present, this is certain, that,
<hi>Whatsoever particular is of the same account with the general, not separate, or
let loose by that hand which first bound it, is to be estimated as the general.</hi> But this
Rule is to goe further also.</p>
                     <p>For hitherto, I have called the act of particular Conscience directing to a
single and circumstantiate action by the name of <hi>Practical judgement:</hi>
                        <note place="margin">5.</note> and
the general dictate of the <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>, or Phylactery, or upper Conscience, tea<g ref="char:EOLhyphen"/>ching
the kinds of good actions, by the name of <hi>Speculative judgement.</hi> But
the rule also is true, and so to be understood, when <hi>practical</hi> and <hi>speculative</hi>
are taken in their first and proper sense. If in Philosophy we discourse that the
True God, being a Spirit without shape or figure, cannot be represented by
an image; although this be onely a speculation, and demonstrable in natural
Philosophy, and no rule of Conscience; yet when Conscience is to make a
judgement concerning the picturing of God the Father, it must not deter<g ref="char:EOLhyphen"/>mine
practically against that speculation. *<hi>That an idol is nothing,</hi> is demon<g ref="char:EOLhyphen"/>strable
in Metaphysicks; and therefore that we are to make nothing of it, is
a practical truth: and although the first proposition be not directly plac'd in
the upper region of conscience, but is one of the prime <hi>Metaphysical</hi> proposi<g ref="char:EOLhyphen"/>tions,
<hi>not properly Theological,</hi> according to those words of S. <hi>Paul, Concer<g ref="char:EOLhyphen"/>ning
things sacrific'd to idols,</hi>
                        <note place="margin">1 Cor. 8. 1. 4.</note> 
                        <hi>we know</hi> 
                        <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap> 
                        <hi>that we all have
knowledge; and we know that an idol is nothing in the world;</hi> meaning, that this
knowledge needs no revelation to attest it; we by our own reason and prin<g ref="char:EOLhyphen"/>ciples
of demonstration know that; yet, the lower, or particular practical
Conscience must never determine against that <hi>extrinsecal,</hi> and therefore (as
to Conscience) <hi>accidental</hi> measure.</p>
                     <p>For whatsoever is true in one Science,<note place="margin">6.</note> is true also in another, and when
we have wisely speculated concerning the dimensions of bodies, their circum<g ref="char:EOLhyphen"/>scriptions,
the acts of sense, the certainty of their healthful perceptions, the
commensuration of a place and a body: we must not esteem these to be
unconcerning propositions, if ever we come to use them in Divinity: and
therefore we must not worship that which our senses tell us to be a thing be<g ref="char:EOLhyphen"/>low
worship; nor beleeve that <hi>infinite</hi> which we see <hi>measured;</hi> nor esteem
that greater then the heavens which I see and feel goes into my mouth. <hi>If
Philosophy gives a skin, Divinity does not flea it off:</hi> and truth cannot be con<g ref="char:EOLhyphen"/>trary
to truth; and God would not <hi>in Nature</hi> teach us any thing to mis<g ref="char:EOLhyphen"/>guide
us in the regions of <hi>Grace.</hi>
                     </p>
                     <p>
                        <hi>The Caution</hi> for conducting this proposition is onely this:<note place="margin">7.</note> That we be
as sure of our speculation, as of any other rule which we ordinarily fol<g ref="char:EOLhyphen"/>low;
and that we do not take <hi>vain Philosophy,</hi> for <hi>true speculations.</hi> He that
guides his conscience by a principle of <hi>Zeno</hi>'s Philosophy, because he hath
been bred in the Sto<gap reason="illegible" resp="#TECH" extent="1 letter">
                           <desc>•</desc>
                        </gap>cal sect, and resolves to understand his Religion to the
<pb n="42" facs="tcp:58903:49"/>
sense of his Masters Theoremes, does ill. The Christian Religion suffered
much prejudice at first by the weak disputings of the Greeks; and they would
not admit a Religion against the <hi>Academy,</hi> or the <hi>Cynicks,</hi> or the <hi>Athenian</hi>
Schools; and the Christian Schools drew some of their articles thorough the
limbecks of <hi>Plato</hi>'s Philosophy, and to this day the relish remains upon some
of them.<note place="margin">Ad annum 538. sect. 34.</note> And <hi>Baronius</hi> complains of <hi>Origen,</hi> that, <hi>In Paganorum commentis
enutritus, eaque propagare in animo habens, divinas se utique Scripturas inter<g ref="char:EOLhyphen"/>pretari
simulavit: ut hoc modo nefariam doctrinam suam sacrarum liter arum mo<g ref="char:EOLhyphen"/>numentis
malignè admiscens, Paganicum &amp; Manich<gap reason="illegible" resp="#TECH" extent="1 letter">
                              <desc>•</desc>
                           </gap>icum errorem suum atque Ar<g ref="char:EOLhyphen"/>rianam
vesaniam induceret.</hi> He mingled the Gentile Philosophy with Christi<g ref="char:EOLhyphen"/>an
Religion, and by analogy to that, expounded this, and how many Disci<g ref="char:EOLhyphen"/>ples
he had, all the world knows. Nay not onely from the doctrine, but from
the practises and rites of the Pagan Religion, many Christians did derive their
rites, and they in time gave authority and birth to some docrines, <hi>Vigilias
anniversarias habes apud Suetonium.</hi>
                        <note place="margin">A. D. 44. n. 88.</note> 
                        <hi>Lustralem aquam, aspersionem sepulchrorum,
lumina in iisdem parare, Sabbatho lucernam accendere, cereos in populum distri<g ref="char:EOLhyphen"/>buere.</hi>
The staff, the ring, the Mitre, and many other customes, some good,
some onely tolerable, the Christians took from the Gentiles; and what effect
it might have, and what influence it hath had in some doctrines, is too noto<g ref="char:EOLhyphen"/>rious
to dissemble. <hi>Thomas Aquìnas</hi> did a little change the Scene, and blen<g ref="char:EOLhyphen"/>ded
<hi>Aristotle</hi> so with School Divinity, that something of the purity was lost,
while much of our Religion was exacted and conducted by the rules of a mi<g ref="char:EOLhyphen"/>staken
Philosophy. But if their speculations had been right, Christianity
would at first have entred without reproof, as being the most reasonable Reli<g ref="char:EOLhyphen"/>gion
of the world, and most consonant to the wisest and most sublime spe<g ref="char:EOLhyphen"/>culations;
and it would also have continued pure, if it had been still drawn
from the fountains of our Saviour thorough the limbecks of the Evangelists
and Apostles, without the mixture of the salt waters of that Philosophy, which
every Physician and witty man now adays thinks he hath reason and observa<g ref="char:EOLhyphen"/>tion
enough easily to reprove. But men have resolved to verify their Sect ra<g ref="char:EOLhyphen"/>ther
then the truth; but if of this particular we be careful, we must then also
verify every speculation in all things where it can relate to practice, and is
not altered by circumstances.</p>
                     <p>As a appendage,<note place="margin">8.</note> and for the fuller explication of this Rule, it is a
worthy inquiry which is by some men made, concerning the use of our rea<g ref="char:EOLhyphen"/>son
in our Religion. For some men finding reason to be that guide which
God hath given us, and concreated with us, know that Religion which is su<g ref="char:EOLhyphen"/>perinduc'd,
and comes after it, cannot prejudice that noblest part of this Cre<g ref="char:EOLhyphen"/>ation.
But then, because some articles which are said to be of faith, cannot
be made to appear consonant to their reason, they stick to this, and let that go.
Here is a just cause of complaint. But therefore others say, that reason is a
good guide in things reasonable and humane, but our reason is blinde in
things Divine, and therefore is of little or no use in Religion. Here we are
to beleeve, not to dispute. There are on both sides fair pretences, which
when we have examined, we may finde what part of truth each side aims at,
and joyn them both in practise. <hi>They that speak against reason, speak thus.</hi>
                     </p>
                     <p>1. There is to every state and to every part of man given a proportion<g ref="char:EOLhyphen"/>able
light to guide him in that way where he ought,<note place="margin">9.</note> and is appointed to walk.
In the darknesses of this world, and in the actions of common life, the Sun
and Moon in their proper seasons are to give us light: In the actions of hu<g ref="char:EOLhyphen"/>mane
<pb n="43" facs="tcp:58903:49"/>
entercourse, and the notions tending to it, reason is our eye, and to it
are notices proportion'd, down from nature and experience, even from all
the principles with which our rational faculties usually doe converse. But be<g ref="char:EOLhyphen"/>cause
a man is design'd to the knowledge of God, and of things spiritual, there
must spring a new light from heaven, and he must have new capacities, and
new illuminations; that is, new eyes, and a new light: For here the eye of
Reason is too weak, and the natural man is not capable of the things of the
Spirit, because they are spiritually discerned. Faith is the eye, and the Holy
Spirit gives the light, and the word of God is the lantern, and the spiritual
not the rational man can perceive the things of God. <hi>Secreta Dei, Deo meo, &amp;
filiis domus ejus.</hi> God and Gods secret ones onely know Gods secrets.</p>
                     <p>2. And therefore we finde in Holy Scripture that to obey God,<note place="margin">10.</note> and to
love him, is the way to understand the mysteries of the kingdome. <hi>Obedite &amp;
intelligetis,</hi> If ye will obey, then shall ye understand: and it was a rare saying
of our blessed Saviour,<note place="margin">John 7. 17.</note> and is of great use and confidence to all who inquire
after the truth of God, in the midst of these sad divisions of Christendome;
If any man will doe his will he shall know whether the doctrine be of God or
no. It is not fineness of discourse, nor the sharpness of arguments, or the witty
rencontres of disputing men that can penetrate into the mysteries of faith:
the poor humble man that prays, and inquires simply, and listens attentively,
and sucks in greedily, and obeys diligently, he is the man that shall know the
minde of the Spirit. And therefore S. <hi>Paul</hi> observes that the Sermons of the
Cross were <hi>foolishness to the Greeks;</hi> and consequently, by way of upbraiding,
he inquires,<note place="margin">1 Cor. 1. 10.</note> 
                        <hi>Where is the wise man, where is the Scribe, where is the disputer of the
world? God hath made the wisdome of the world foolishness;</hi> that is, God hath
confounded reason, that faith may come in her place.</p>
                     <p>3. For there are some things in our Religion so mysterious, that they are
above all our reason;<note place="margin">11.</note> and well may we admire but cannot understand them:
and therefore the Spirit of God is sent into the world to bring our under<g ref="char:EOLhyphen"/>standing
into the obedience of Christ;<note place="margin">2 Cor. 10. 5.</note> we must obey and not enquire, and
every proud thought must be submitted to him who is the wisdome of the
Father, who hath in the holy Scriptures taught us all his Fathers will.</p>
                     <p>4. And therefore as to this nothing can be added from the stock of nature,<note place="margin">12.</note>
or principles of naturall reason, so if it did need a supply, reason could ill doe
it. For the object of our faith must be certain and infallible; but no mans
reason is so, and therefore to put new wine into broken bottles is no gain, or
real advantage; and although right reason is not to be gainsaid, yet what is
right reason is so uncertain, that in the midst of all disputes, every man pre<g ref="char:EOLhyphen"/>tends
to it, but who hath it no man can tell, and therefore it cannot be a guide
or measure of faith.</p>
                     <p>5. But above all,<note place="margin">13.</note> if we will pretend to reason in Religion, we have but
one great reason that we can be obliged to; and that is, to beleeve that what<g ref="char:EOLhyphen"/>soever
God hath said is true: so that our biggest reason in Religion, is to sub<g ref="char:EOLhyphen"/>mit
our reason, that is, not to use our reason in particular inquiries, but to cap<g ref="char:EOLhyphen"/>tivate
it in the whole. And if there be any particular inquiries, let them seem
what they will to my reason it matters not; I am to follow God, not man;
I may be deceived by my self, but never by God. It is therefore sufficient to
me that it is in the Scriptures. I will inquire no further. This therefore is a
<pb n="44" facs="tcp:58903:50"/>
concluding argument; <hi>This is in Scripture, therefore this is true:</hi> and <hi>this is
against Scripture, therefore it is absurd, and unreasonable.</hi>
                     </p>
                     <p>6. After all, experience is our competent guide warning to us:<note place="margin">14.</note> For
we see when witty men use their reason against God that gave it, they in pur<g ref="char:EOLhyphen"/>suit
of reason go beyond Religion; and when by reason they look for God,
they miss him; for he is not to be found but by faith, which when they dis<g ref="char:EOLhyphen"/>pute
for, they finde not; because she is built and perswaded by other mediums,
then all Schools of Philosophy to this day have taught. And it was because
of reason, that the Religion of Jesus was so long oppos'd and hinder'd to pos<g ref="char:EOLhyphen"/>sess
the world. The Philosophers would use their reason, and their reason
would not admit this new Religion: and therefore S. <hi>Paul</hi> being to remove
every stone that hindered, bad them to beware of <hi>vain Philosophy;</hi> which does
not distniguish one kinde of Philosophy from another, but marks all Philo<g ref="char:EOLhyphen"/>sophy.
It is all vain, when the enquiries are into religious mysteries.</p>
                     <p>7. For is it not certain that some principles of reason are against some
principles of faith and Scripture?<note place="margin">15.</note> and it is but reason, that we should hear
reason where ever we finde it; and yet we are to have no entercourse with
Devils, though we were sure they would tell us of hidden treasures, or secrets
of Philosophy: and upon this account it is that all Genethliacal predictions,
and Judicial Astrology is decried by all religious persons; for though there be
great pretensions of reason and art, yet they being against religion and reve<g ref="char:EOLhyphen"/>lation
are intolerable. In these and the like cases, reason must put on her
muffler, and we must be wholly conducted by revelation.</p>
                     <p>These are the pretences against the use of reason in questions of Religion;<note place="margin">16.</note>
concerning which the same account may be given, as is by the <hi>Pyrrhonians</hi>
and <hi>Scepticks</hi> concerning their arguments against the certainty of sciences. These
reasons are like Physick, which if it uncertainly purges out the Humor, it most
certainly purges out it self: and these arguments either cannot prevail against
the use of reason in Religion, or if they doe, they prevail against themselves:
For either it is against Religion to rely upon reason in Religion, or it is not:
If it be not, then reason may without danger to Religion be safely relied upon
in all such enquiries. But if it be against Religion to rely upon reason, then
certainly these reasons intended to prove it so, are not to be relied upon; or
else this is no question of Religion. For if this be a question of Religion, why
are so many reasons us'd in it? If it be no question of Religion, then we may
for all these reasons to the contrary, still use our reason in Religion without
prejudice to it. And if these reasons conclude right, then we may for these
reasons sake trust the proposition which says, that in Religion reason is to be
us'd; but if these reasons doe not conclude right, then there is no danger, but
that reason may still be us'd, these arguments to the contrary notwithstanding.</p>
                     <p>But there is more in it then so.<note place="margin">17.</note> This foregoing discourse, or to the like
purpose, is used by two sorts of persons; The one is by those, who in destitu<g ref="char:EOLhyphen"/>tion
of particular arguments, make their last recourse unto authority of men.
For by how much more they press their own peremptory affirmative, by so
much the less will they endure your reasons and arguments for the negative.
But to these men I shall onely say, Let God be true, and every man a liar:
and therefore if we trust men concerning God, we doe not trust God concer<g ref="char:EOLhyphen"/>ning
men; that is, if we speak of God as men please, we doe not think of men
<pb n="45" facs="tcp:58903:50"/>
as God hath taught us; <hi>viz. That they are weak, and that they are liars:</hi> and
they who have by artifices, and little devices, acquir'd to themselves a repu<g ref="char:EOLhyphen"/>tation,
take the less care for proving what they say, by how much the greater
credulity that is, by which men have given themselves up to be possess'd by
others. And if I would have my saying to prevail whether it be right or
wrong, I shall the less endure that any man should use his own reason against
me. And this is one of the great evils for which the Church of <hi>Rome</hi> hath
given Christendome a great cause to complain of her, who not onely presses
men to beleeve or to submit to what she says upon her own authority, with<g ref="char:EOLhyphen"/>out
enduring them to examine whether she says true or no, but also requires as
great an assent to what she cannot prove, as to what she can; requiring an ad<g ref="char:EOLhyphen"/>herence
not less then the greatest, even to those things which she onely pre<g ref="char:EOLhyphen"/>tends
to be able to prove by prudential motives. Indeed in these cases if they
can obtain of men to bring their faith, they are safe; but to come accompa<g ref="char:EOLhyphen"/>nied
with their reason too, that is dangerous.</p>
                     <p>The other sort of men,<note place="margin">18.</note> is of those who doe the same thing under another
cover; for they not having obtain'd the advantages of Union or Government,
cannot pretend to a privileged authority, but resolving to obtrude their fan<g ref="char:EOLhyphen"/>cies
upon the world, and yet not being able to prove what they say, pretend
the Spirit of God to be the author of all their theoremes. If they could prove
him to be their author, the thing were at an end, and all the world were bound
to lay their necks under that pleasant yoke; but because they cannot prove
any thing, therefore it is that they pretend the Spirit for every thing: and if
the noise of so sacred a Name will perswade you, you are within the snare;
if it will not, you are within their hatred. But it is impossible that these men
can prevail, because there are so many of them; It is as if there were twenty
Mountebanks in the <hi>Piazza,</hi> and all saying they had the onely Antidote in the
world for Poison; and that what was not theirs, was not at all, and yet all
pretend severally. For all men cannot have the Spirit, unless all men speak
the same thing: It were possible that even in Union they might be deceivers;
but in Division they cannot be right; and therefore since all these men pre<g ref="char:EOLhyphen"/>tend
the Spirit, and yet all speak severall things and contradictory, they doe
well to desire of us not to use our reason, for if we doe, they can never hope
to prevail; if we doe not, they may perswade, as they meet with fools, that
were not possess'd before.</p>
                     <p>Between these two there is a third that pretends to no authority on one
hand,<note place="margin">19.</note> nor Enthusiasm on the other; but offers to prove what he says, but
desires not his arguments to be examined by reason, upon pretence that he
urges Scripture; that is in effect, he must interpret it; but your reason shall
not be judge whether he says right or wrong: for if you judge his interpre<g ref="char:EOLhyphen"/>tation,
he says you judge of his argument, and make reason Umpire in questi<g ref="char:EOLhyphen"/>ons
of faith: and thus his sect is continued, and the systemes of Divinity rely
upon a certain number of propositions from generation to generation, and
the Scholar shall be no wiser then his Master for ever; because he is taught
to examine the doctrines of his Master by his Masters arguments, and by no
other. In effect, they all agree in this, they would rule all the world by Reli<g ref="char:EOLhyphen"/>gion,
and they would have no body wiser then themselves, but be fools and
slaves, till their turn come to use others as bad as they have been used them<g ref="char:EOLhyphen"/>selves:
and therefore as the wolves offered peace to the sheep upon condition
they would put away their dogs; so doe these men allow us to be Christians
<pb n="46" facs="tcp:58903:51"/>
and Disciples, if we will lay aside our reason, which is that guard of our souls,
whereby alone we can be defended against their tyrannies and pretensions.</p>
                     <p>That I may therefore speak close to the enquiry,<note place="margin">20.</note> I premise these consi<g ref="char:EOLhyphen"/>derations:</p>
                     <p>1. It is a weak and a trifling principle, which supposes <hi>faith</hi> and <hi>reason</hi> to
be opposite: For <hi>faith</hi> is but one way, by which our reason is instructed, and
acquires the proper notices of things. For our reason or understanding ap<g ref="char:EOLhyphen"/>prehends
things three several ways: The first is called <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>, or the first no<g ref="char:EOLhyphen"/>tices
of things abstract, of principles and the <hi>primò intelligibilia;</hi> such as are,
<hi>The whole is greater then the half of the whole; Good is to be chosen; God is to be
loved: Nothing can be and not be at the same time;</hi> for these are objects of the
simple understanding, congenite notices, concreated with the understanding.
The second is called <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>, or discourse, that is, such consequents and
emanations which the understanding draws from her first principles. And the
third is <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>, that is, such things which the understanding assents to upon the
report, testimony, and affirmation of others, <hi>viz.</hi> by arguments extrinsecal
to the nature of the thing, and by collateral and indirect principles. For ex<g ref="char:EOLhyphen"/>ample,
I naturally know <hi>that an idol or a false God is nothing;</hi> this is <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>, or
the act of abstract and immaterial reason. From hence I inferre, that <hi>an idol
is not to be worshipped:</hi> This my reason knows by <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>, or <hi>illation</hi> and in<g ref="char:EOLhyphen"/>ference,
from the first principle. But therefore that <hi>all monuments of idolatry are
to be destroyed</hi> was known to the Jews by <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>, for it was not primely known,
nor by the direct force of any thing that was primely known; but I know it
from God by the testimony of <hi>Moses,</hi> into the notice of which I am brought
by collateral arguments, by tradition, by miracle, by voices from heaven, and
the like.</p>
                     <p>2. These three ways of knowing, are in all faculties sacred and prophane:<note place="margin">21.</note>
for faith and reason doe not divide <hi>Theology</hi> and <hi>Philosophy,</hi> but in every Sci<g ref="char:EOLhyphen"/>ence
reason hath notices all these ways. For in natural Philosophy there are
<hi>prime principles,</hi> and there are <hi>conclusions</hi> drawn from thence, and <hi>propositions</hi>
which we beleeve from the <hi>authority</hi> of <hi>Plato,</hi> or <hi>Socrates,</hi> or <hi>Aristotle;</hi> and so
it is in Theology; for every thing in Scripture is not in the divided sense, <hi>a
matter of faith:</hi> That the Sun is to rule the day, the Moon and the Stars to
govern the night, I see and feel; That <hi>God is good,</hi> that <hi>he is one,</hi> are prime
principles: that <hi>nothing but good is to be spoken of this good God,</hi> reason draws by
a <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap> or discourse and illation: but <hi>that this good God will chastise his sons
and servants,</hi> and that afflictions sent upon us are the issues of his goodness,
or that <hi>this one God, is also three in person,</hi> this is known by <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>, or by beleef;
for it is not a prime truth, nor yet naturally inferred from a prime truth, but
told by God, and therefore is an object of faith; reason knows it by testimony,
and by indirect and collateral probations.</p>
                     <p>3. Reason knows all things as they are to be known,<note place="margin">22.</note> and enters into its
notices by instruments fitted to the nature of things. Our stock of principles
is more limited then our stock of words; and as there are more things then
words, so there are more ways of knowing, then by principles <hi>direct</hi> and <hi>na<g ref="char:EOLhyphen"/>tural.</hi>
Now as God teaches us many things by natural principles, many by ex<g ref="char:EOLhyphen"/>perience,
many at first, many more in time; some by the rules of one faculty,
some by the rules of another; so there are some things which descend upon
us immediately from heaven, and they communicate with no principle, with
no matter, with no conclusion here below. Now as in the other things we
<pb n="47" facs="tcp:58903:51"/>
must come to notices of things, by deriving them from their proper foun<g ref="char:EOLhyphen"/>tains;
so must we doe in these. He that should goe to revelation to prove that
nine and nine makes eighteen, would be a fool; and he would be no less, that
goes about to prove a Trinity of persons by natural reason. Every thing must
be derived from its own fountain. But because these things which are deriva<g ref="char:EOLhyphen"/>tives
from heaven, and communicate not at all with principles of Philosophy,
or Geometry, yet have their proper fountains, and these fountains are too
high for us to search into their bottome, we must plainly take all emanations
from them, just as they descend. For in this case, all that is to be done, is to
enquire from whence they come. If they come from natural principles, I
search for them by direct arguments: If they come from higher, I search
for them by indirect arguments; that is, I enquire onely for matter of fact,
whether they come thence or no. But here my reason is set on work; first,
I enquire into the testimony or ways of probation, if they be worth beleeving
in what they say, my reason sucks it in. As if I be <hi>told</hi> that God said <hi>[there
are three and one in heaven]</hi> I ask, who said it? is he credible, why? If I finde
that all things satisfy my reason, I beleeve him saying that God said so; and
then <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap> or <hi>faith</hi> enters. I beleeve the thing also, not because I can prove it
directly, for I cannot, but I can prove it indirectly; testimony and authority
is my argument, and that is sufficient. The Apostles entred into much of
their faith by their senses, they saw many articles of their Creed; but as they
which saw and beleeved were blessed, so they which see not, but are argued
and disputed into their faith, and beleeve what they finde reasonable to be<g ref="char:EOLhyphen"/>leeve,
shall have the reward of their faith, while they wisely follow their reason.</p>
                     <p>4. Now in all this,<note place="margin">23.</note> here is no difference in my reason, save that as it does
not prove a Geometrical proposition by moral Philosophy, so neither does it
prove a revelation by a natural argument, but into one and the other it en<g ref="char:EOLhyphen"/>ters
by principles proper to the inquisition; and <hi>faith</hi> and <hi>reason</hi> are not op<g ref="char:EOLhyphen"/>posed
at all. <hi>Faith</hi> and <hi>natural reason</hi> are several things, and Arithmetical
and Moral reasons are as differing, but it is <hi>reason</hi> that carries me to objects of
<hi>faith,</hi> and <hi>faith</hi> is my reason so disposed, so used, so instructed.</p>
                     <p>
                        <hi>The result of these propositions is this one:</hi>
                     </p>
                     <p>That into the greatest mysteriousness of our Religion,<note place="margin">24.</note> and the deepest
articles of faith we enter by our reason: Not that we can prove every one
of them by natural reason, for to say that, were as vain, as to say we ought to
prove them by Arithmetick or Rules of Musick; but whosoever beleeves
wisely and not by chance, enters into his faith by the hand of reason; that is,
he hath causes and reasons why he beleeves. He indeed that hath reasons in<g ref="char:EOLhyphen"/>sufficient
and incompetent, beleeves indeed not wisely, but for some reason or
other he does it; but he that hath none, does not beleeve at all: For the un<g ref="char:EOLhyphen"/>derstanding
is a rational faculty, and therefore every act of the understanding
is an act of the rational faculty, and that is an act of reason; as vision is of
the visive faculty: And faith, which is an act or habit of the understanding
consenting to certain propositions for the authority of the speaker, is also as
much an act of reason, as to discourse in a proposition of <hi>Aristotle.</hi> For <hi>faith</hi>
assenting to a proposition for a reason drawn <hi>à testimonio,</hi> is as very a discourse,
as to assent to a proposition for a reason drawn from the nature of things. It
is not less an act of reason, because it uses another topick. And all this is
plain and certain, when we discourse of <hi>faith formally</hi> in its proper and natu<g ref="char:EOLhyphen"/>ral
capacity, that is, as it is a reception of propositions <hi>à testimonie.</hi>
                     </p>
                     <p>
                        <pb n="48" facs="tcp:58903:52"/>
Indeed if we consider <hi>faith</hi> as it is a habit infused by God,<note place="margin">25.</note> and by Gods
holy Spirit, so there is something more in it then thus: For so, <hi>faith</hi> is a vital
principle, a magazine of secret truths, which we could never have found out
by natural reason, that is, by all that reason which is born with us, and by all
that reason that grows with us, and by all secular experiences and conversa<g ref="char:EOLhyphen"/>tions
with the world; but of such things which God onely teaches, by ways
supernatural and divine.</p>
                     <p>Now here is the close and secret of the Question,<note place="margin">26.</note> Whether or no faith in
this sense, and materially taken, be contrary to our worldly or natural reason,
or whether is any or all the propositions of faith to be exacted, interpreted,
and understood according to this reason materially taken? that is, are not our
reasons which we rightly follow in natural Philosophy, in Metaphysicks, in
other Arts and Sciences, sometimes contrary to faith? and if they be, whe<g ref="char:EOLhyphen"/>ther
shall be followed? or can it in any sense be an article of faith, if it be con<g ref="char:EOLhyphen"/>trary
to right reason? I answer to this, by several propositions.</p>
                     <p>1. <hi>Right Reason</hi> (meaning our right reason,<note place="margin">27.</note> or humane reason) <hi>is not the
affirmative or positive measure of things Divine,</hi> or of articles and mysteries of
faith; and the reasons are plain: 1. Because many of them depend upon the
free will of God, for which, till he gives us reasons, we are to be still and silent,
admiring the secret, and adoring the wisdome, and expecting till the curtain be
drawn, or till <hi>Elias</hi> come and tell us all things. But he that will inquire and
pry into the reason of the Mystery, and because he cannot perceive it, will
disbeleeve the thing, or undervalue it, and say it is not at all, because he does
not understand the reason of it, and why it should be so, may as well say
that his Prince does not raise an Army in time of peace, because he doe not
know a reason why he should; or that God never did suffer a brave Prince to
die ignobly, because it was a thousand pities he should. There is a <hi>ragione di
stato,</hi> and a <hi>ragione di regno,</hi> and <hi>a ragione di cielo,</hi> after which none but fools
will inquire, and none but the humble shall ever finde.</p>
                     <p>Who can tell why the Devil,<note place="margin">28.</note> who is a wise and intelligent creature, should
so spitefully, and for no end but for mischief, tempt so many souls to ruine,
when he knows it can doe him no good, no pleasure, but phantastick? or who
can tell why he should be delighted in a pleasure that can be nothing but phan<g ref="char:EOLhyphen"/>tastick,
when he knows things by <hi>intuition,</hi> not by <hi>phantasm,</hi> and hath no low
conceit of things as we have? or why he should doe so many things against
God, whom he knows he cannot hurt, and against souls, whose ruine cannot
adde one moment of pleasure to him? and if it makes any change, it is infi<g ref="char:EOLhyphen"/>nitely
to the worse: That these things are so, our Religion tels us; but our
reason cannot reach it why it is so, or how: Whose reason can give an account
why, or understand it to be reasonable, that God should permit evil for good
ends, when he hates that evil, and can produce that good without that evil?
and yet that he does so we are taught by our Religion: Whose reason can
make it intelligible, that God who delights not in the death of a sinner, but
he and his Christ, and all their Angels rejoyce infinitely in the salvation of
a sinner, yet that he should not cause that every sinner should be saved, work<g ref="char:EOLhyphen"/>ing
in him a mighty and a prevailing grace, without which grace he shall
not in the event of things be saved, and yet this grace is wholly his own
production.
<pb n="49" facs="tcp:58903:52"/>
                        <q>
                           <l>—Omnipotens hominem cùm gratia salvat</l>
                           <l>Ipsa suum consummat opus,<note place="margin">Prosper c. <gap reason="illegible" resp="#TECH" extent="1 letter">
                                    <desc>•</desc>
                                 </gap>. de ingrat.</note> cui tempus agendì</l>
                           <l>Semper adest quae gesta velit, non moribus illi</l>
                           <l>Fit mora, non causis anceps suspenditur ullis.</l>
                        </q>
                     </p>
                     <p>Why does not he work in us all to will and to doe, not onely that we can will,
but that we shall will? for if the actual willing be any thing, it is his creation;
we can create nothing, we cannot will unless he effect it in us, and why he does
not doe that which so well pleases him, and for the want of the doing of
which he is so displeased, and yet he alone is to doe it some way or other;
humane reason cannot give a wise or a probable account.</p>
                     <q>
                        <l>Nam priùs immites populos urbésque rebelles,</l>
                        <l>Vincente obstantes animos pietate,<note place="margin">Prosp. de prae<g ref="char:EOLhyphen"/>dest. 55. cap. 8.</note> subegìt;</l>
                        <l>Non hoc consilio tantùm hortatúque benigno</l>
                        <l>Suadens atque docens, quasi normam legis haberet</l>
                        <l>Gratia, sed mutans intus mentem atque reformans,</l>
                        <l>Vásque novum ex fracto fingens, virtute creandi.</l>
                        <l>Non istud monitus legis, non verba prophetae,</l>
                        <l>Non praestata sibi praestat natura, sed unus</l>
                        <l>Quod fecit reficit. Percurrat Apostolus orbem,</l>
                        <l>Praedicet, hortetur, plantet, riget, increpet, instet,</l>
                        <l>Quáque viam verbo reseratam invenerit, intret;</l>
                        <l>Ut tamen his studiis auditor promoveatur</l>
                        <l>Non doctor neque discipulus, sed gratia sola</l>
                        <l>Efficit—</l>
                     </q>
                     <p>Where is the wise Discourser, that can tell how it can be, that God foreknows
certainly what I shall doe ten years hence, and yet it is free to me at that time,
to will or not to will, to doe or not to doe that thing? Where is the discer<g ref="char:EOLhyphen"/>ning
Searcher of secrets, that can give the reason why God should determine
for so many ages before, that <hi>Judas</hi> should betray Christ, and yet that God
should kill him eternally for effecting the Divine purpose, and fore-determined
counsel? Well may we wonder that God should wash a soul with water, and
with bread and wine nourish us up to immortality, and make real impresses
upon our spirits by the bloud of the vine, and the kidneys of wheat; but who
can tell why he should choose such mean instruments to effect such glorious
promises? since even the greatest things of this world had not been dispro<g ref="char:EOLhyphen"/>portionable
instruments to such effects, nor yet too great for our understand<g ref="char:EOLhyphen"/>ing;
and that we are fain to stoop to make these mean elements be even with
our faith, and with our understanding. Who can divine, and give us the cause,
or understand the reason, why God should give us so great rewards for such
nothings, and yet damne men for such insignificant mischiefs, for thoughts,
for words, for secret wishes, that effect no evil abroad, but onely might have
done, or it may be were resolved to be unactive? For if the goodness of God
be so overflowing in some cases, we in our reason should not expect, that in
such a great goodness, there should be so great an aptness to destroy men
greatly for little things: and if all mankinde should joyn in search, it could
never be told, why God should adjudge the Heathen or the Israelites to an
eternal hell, of which he never gave them warning, nor created fears great
enough, to produce caution equal to their danger; and who can give a rea<g ref="char:EOLhyphen"/>son
why for temporal and transient actions of sin, the world is to expect
never ceasing torments in hell to eternal ages? That these things are thus, we
are taught in Scripture, but here our reason is not instructed to tell why or
<pb n="50" facs="tcp:58903:53"/>
how; and therefore our reason is not the positive measure of mysteries, and
we must beleeve what we can not understand.</p>
                     <p>Thus are they to be blamed, who make intricacies and circles in myste<g ref="char:EOLhyphen"/>rious
articles,<note place="margin">29.</note> because they cannot wade thorough them; it is not to be un<g ref="char:EOLhyphen"/>derstood
why God should send his holy Son from his bosome to redeem us,
to pay our price; nor to be told why God should exact a price of himself for
his own creature; nor to be made intelligible to us, why he who loved us so
well, as to send his Son to save us, should at the same time so hate us, as to
resolve to damne us, unless his Son should come and save us. But the <hi>So<g ref="char:EOLhyphen"/>cinians</hi>
who conclude that this was not thus, because they know not how it
can be thus, are highly to be reproved for their excess in the inquiries of
reason, not where she is not a competent Judge, but where she is not com<g ref="char:EOLhyphen"/>petently
instructed; and that is the second reason.</p>
                     <p>2. The reason of man is a right Judge always when she is truly informed;<note place="margin">30.</note>
but in many things she knows nothing but the face of the article: the myste<g ref="char:EOLhyphen"/>ries
of faith are oftentimes like Cherubims heads placed over the Propitia<g ref="char:EOLhyphen"/>tory,
where you may see a clear and a bright face and golden wings, but there
is no <hi>body</hi> to be handled; there is light and splendor upon the brow, but
you may not grasp it; and though you see the revelation clear, and the ar<g ref="char:EOLhyphen"/>ticle
plain, yet the reason of it we cannot see at all; that is, the whole know<g ref="char:EOLhyphen"/>ledge
which we can have here is dark and obscure; <hi>We see as in a glass
darkly,</hi> saith S. <hi>Paul,</hi> that is, we can see <hi>what,</hi> but not <hi>why,</hi> and what we doe see
is the least part of that which does not appear; but in these cases our under<g ref="char:EOLhyphen"/>standing
is to submit, and wholly to be obedient, but not to inquire further.
<hi>Delicata est illa obedientia quae causas quaerit.</hi> If the understanding will not
consent to a revelation, until it see a reason of the proposition, it does not
obey at all, for it will not submit, till it cannot choose. In these cases, Rea<g ref="char:EOLhyphen"/>son
and Religion are like <hi>Leah</hi> and <hi>Rachel:</hi> Reason is fruitful indeed, and
brings forth the first-born, but she is blear-ey'd, and oftentimes knows not the
secrets of her Lord; but <hi>Rachel</hi> produces two children, <hi>Faith</hi> and <hi>Piety,</hi> and
<hi>Obedience</hi> is <hi>Midwife</hi> to them both, and <hi>Modesty</hi> is the <hi>Nurse.</hi>
                     </p>
                     <p>From hence it follows,<note place="margin">31.</note> that we cannot safely conclude thus, <hi>This is agree<g ref="char:EOLhyphen"/>able
to right reason, therefore this is so in Scripture,</hi> or <hi>in the counsel of God;</hi> not
that one reason can be against another, when all things are equal, but
that the state of things, and of discourses is imperfect; and though it be
right reason in such a constitution of affairs, yet it is not so in others; that a
man may repel force by force, is right reason, and a natural right, but yet it
follows not, that it can be lawful for a private Christian to doe it, or that
Christ hath not forbidden us to strike him that strikes us: The reason of the
difference is this; In nature it is just that it be so, because we are permitted
onely to natures provisions, and she hath made us equal, and the condition of
all men indifferent; and therefore we have the same power over another, that
he hath over us; besides, we will doe it naturally, and till a Law forbad it, it
could not be amiss, and there was no reason in nature to restrain it, but much
to warrant it. But since the Law of God hath forbidden it, he hath made other
provisions for our indempnity, and where he permits us to be defenceless (as
in cases of Martyrdome and the like) he hath promised a reward to make in<g ref="char:EOLhyphen"/>finite
amends: So that <hi>we may repel force by force,</hi> says <hi>Nature, we may not,</hi> says
<hi>Christ,</hi> and yet they are not two contradictory propositions. For nature says
<pb n="51" facs="tcp:58903:53"/>
we may, when otherwise we have no security, and no reward for suffering;
but Christ hath given both the defence of Laws and Authority, and the re<g ref="char:EOLhyphen"/>ward
of heaven, and therefore in this case it is reasonable. And thus we can<g ref="char:EOLhyphen"/>not
conclude, This man is a wicked man because he is afflicted, or his cause is
evil because it does not thrive; although it be right reason, that good men
ought to be happy and prosperous; because although reason says right in it,
yet no reason can wisely conclude, that therefore so it should be in this world,
when faith and reason too tell us it may be better hereafter. The result is this,
every thing that is above our understanding, is not therefore to be suspected or
disbeleeved, neither is any thing to be admitted that is against Scripture,
though it be agreeable to right reason, until all information is brought in, by
which the sentence is to be made.</p>
                     <p>For as it happens in dreams and madness,<note place="margin">32.</note> where the argument is good,
and the discourse reasonable oftentimes; but because it is inferred from weak
phantasms, and trifling and imperfect notices of things, and obscure appre<g ref="char:EOLhyphen"/>hensions,
therefore it is not onely desultorious and light, but insignifi<g ref="char:EOLhyphen"/>cant,
and farre from ministring to knowledge: so it is in our reason as to
matters of Religion, it argues well and wisely, but because it is from trifling,
or false, or uncertain principles, and unsure information, it oftentimes is but a
witty nothing: reason is an excellent limbeck, and will extract rare quintes<g ref="char:EOLhyphen"/>sences,
but if you put in nothing but mushromes, or eggeshels, or the juice of
coloquintida, or the filthy gingran, you must expect productions accordingly,
useless or unpleasant, dangerous or damnable.</p>
                     <p>2. Although <hi>right reason</hi> is not the positive and affirmative measure of
any article,<note place="margin">33.</note> yet <hi>it is the negative measure of every one.</hi> So that, whatsoever is
contradictory to right reason, is at no hand to be admitted as a mystery of
faith, and this is certain upon an infinite account.</p>
                     <p>1. Because nothing can be true and false at the same time,<note place="margin">34.</note> otherwise it
would follow that there could be two truths contrary to each other: for
if the affirmative be true, and the negative true too, then the affirmative is
true and is not true, which were a perfect contradiction, and we were bound
to beleeve a lie, and hate a truth; and yet at the same time, obey what we hate,
and consent to what we disbeleeve: No man can serve two such Masters.</p>
                     <p>2. Out of truth nothing can follow but truth;<note place="margin">35.</note> whatsoever therefore is
truth, this is therefore safe to be followed, because no error can be the product
of it. It follows therefore, that by beleeving one truth, no man can be tied
to disbeleeve another. Whatsoever therefore is contrary to right reason, or to
a certain truth in any faculty, cannot be a truth, for one truth is not contrary
to another: if therefore any proposition be said to be the doctrine of Scri<g ref="char:EOLhyphen"/>pture,
and confessed to be against right reason, it is certainly not the doctrine
of Scripture, because it cannot be true, and yet be against what is true.</p>
                     <p>3. All truths are emanations and derivatives from God,<note place="margin">36.</note> and therefore
whatsoever is contrary to any truth, in any faculty whatsoever, is against the
truth of God, and God cannot be contrary to himself; for as God is one,
so truth is one; for truth is Gods eldest daughter, and so like himself, that
God may as well be multiplied, as abstracted truth.</p>
                     <p>
                        <pb n="52" facs="tcp:58903:54"/>
4. And for this reason God does not onely prove our Religion,<note place="margin">37.</note> and Je<g ref="char:EOLhyphen"/>sus
Christ prove his Mission by Miracles, by Holiness, by verification of Pro<g ref="char:EOLhyphen"/>phecies,
and prediction of future Contingencies, and voices from heaven, and
apparition of Angels, and Resurrection from the grave, and fulfilling all that
was said of him by the Prophets, that our faith might enter into us by dis<g ref="char:EOLhyphen"/>course,
and dwell by love, and be nursed and supported by reason: but also
God is pleased to verify his own proceedings, and his own propositions, by
discourses meerly like ours, when we speak according to right reason. Thus
God convinces the peevish people that spake evil of him,<note place="margin">Isa. 1. 18. &amp; 5. 3. Ezek. 18. 25.</note> by arguing concer<g ref="char:EOLhyphen"/>ning
the justice of his ways, and exposes his proceedings to be argued by the
same measures and proportions by which he judges us, and we judge one ano<g ref="char:EOLhyphen"/>ther.</p>
                     <p>5. For indeed how can it be possibly otherwise?<note place="margin">38.</note> how can we confess
God to be just if we understand it not? but how can we understand him so, but
by the measures of justice? and how shall we know <hi>that,</hi> if there be two Justi<g ref="char:EOLhyphen"/>ces,
one that we know, and one that we know not, one contrary to another?
if they be contrary, they are not justice; for <hi>justice</hi> can be no more opposed
by <hi>justice,</hi> then <hi>truth</hi> to <hi>truth:</hi> if they be not contrary, then that which we un<g ref="char:EOLhyphen"/>derstand
to be just in us, is just in God, and that which is just once, is just for
ever in the same case, and circumstances: and indeed how is it that we are in
all things of excellency and vertue to be like God, and to be meek like Christ,
<hi>to be humble as he is humble,</hi> and to <hi>be pure like God,</hi> to be just after his ex<g ref="char:EOLhyphen"/>ample,
to be <hi>merciful as our heavenly Father is merciful?</hi> If there is but one
Mercy, and one Justice, and one Meekness, then <hi>the measure</hi> of these, and the
<hi>reason</hi> is eternally the same. If there be two, either they are not essential to
God, or else not imitable by us: And then how can we <hi>glorify God,</hi> and <hi>speak
honour of his Name,</hi> and <hi>exalt his justice,</hi> and <hi>magnify his truth,</hi> and <hi>sincerity,</hi> and
<hi>simplicity,</hi> if <hi>truth,</hi> and <hi>simplicity,</hi> and <hi>justice,</hi> and <hi>mercy</hi> in him is not that thing
which we understand, and which we are to imitate? <hi>To give an example.</hi> I
have promised to give my friend a 100. pounds on the Calends of <hi>March:</hi> The
day comes, and he expects the donative; but I send him answer, that I did
promise so by an open promise and signification, and I had an inclination to
doe so; but I have also a secret will to keep my money, and instead of that to
give him a 100. blows upon his back: if he reproaches me for an unjust and a
false person; I have nothing to answer, for I beleeve he would hardly take it
for good paiment to be answered with a distinction, and told; I <hi>have</hi> two wils,
<hi>an open,</hi> and <hi>a secret will,</hi> and they are contrary to each other: he would tell
me that I were a false person for having two wills, and those two wills were
indeed but one, nothing but a will to deceive and abuse him. Now this is rea<g ref="char:EOLhyphen"/>son,
right reason, the reason of all the world, the measure of all mankinde, the
measure that God hath given us to understand, and to walk, to live, and to
practise by. And we cannot understand what is meant by hypocrisy, and dis<g ref="char:EOLhyphen"/>sembling,
if to speak one thing and not to mean it, be not that hypocrisy.
Now put case God should call us to give him the glory of his justice and sin<g ref="char:EOLhyphen"/>cerity,
of the truth of his promises, and the equity of his ways, and should tell
us. That we perish by our own fault, and if we will die, it is because we will,
not because we must; because we choose it, not because he forces us; for he
calls us, and offers us life and salvation, and gives us powers, and time and ad<g ref="char:EOLhyphen"/>vantages,
and desires it really, and endevours it passionately, and effects it
materially, so farre as it concerns his portion: This is a certain evidence of
his truth and justice; But if we can reply and say, It is true, O God, that thou
dost call us, but dost never intend we should come, that thy open will is lo<g ref="char:EOLhyphen"/>ving
<pb n="53" facs="tcp:58903:54"/>
and plausible, but thy secret will is cruell, decretory and destructive to
us whom thou hast reprobated; that thy open will is ineffective, but thy secret
will onely is operative, and productive of a material event, and therefore al<g ref="char:EOLhyphen"/>though
we are taught to say, Thou art just, and true in all thy sayings, yet cer<g ref="char:EOLhyphen"/>tainly
it is not that justice which thou hast commanded us to imitate and pra<g ref="char:EOLhyphen"/>ctise,
it is not that sincerity which we can safely use to one another, and there<g ref="char:EOLhyphen"/>fore
either we men are not just when we think we are, or else thou art not just
who doest and speakest contrary things, or else there are two contrary things
which may be called justice.</p>
                     <p>For let it be considered as to the present instance;<note place="margin">39.</note> God cannot have two
wills, it is against the unity of God, and the simplicity of God. If there
were two Divine wills, there were two Gods; and if it be one will, then it
cannot at the same time will contrary things; and if it does not, then when
God says one thing, and yet he wills it not, it is because he onely wills to say it,
and not to doe it; and if to say this thing of the good, the just, the true, the
righteous Judge of all the world be not blasphemy, I know not what is.</p>
                     <p>The purpose of this instance is to exemplify,<note place="margin">40.</note> that in all vertues and ex<g ref="char:EOLhyphen"/>cellencies
there is a perfect unity: and because all is originally and essentially
in God, and from him derived to us, and all our <hi>good,</hi> our <hi>mercy,</hi> our <hi>truth,</hi>
our <hi>justice</hi> is but an imitation of his, it follows demonstratively, that what is
unjust in men, and what is falshood in our entercourses, is therefore false or un<g ref="char:EOLhyphen"/>just,
because it is contrary to the eternal pattern: and therefore whatsoever
our reason does rightly call <hi>unjust,</hi> or <hi>hypocrisy,</hi> or <hi>falshood</hi> must needs be infi<g ref="char:EOLhyphen"/>nitely
farre from God; and those propositions which asperse God with
any thing of this nature, are so farre from being the word of God, or an ar<g ref="char:EOLhyphen"/>ticle
of faith, or a mystery of religion, that it is blasphemous and false, hate<g ref="char:EOLhyphen"/>ful
to God and good men.</p>
                     <p>In these things there is the greater certainty,<note place="margin">41.</note> because there is the less va<g ref="char:EOLhyphen"/>riety
and no mystery; these things which in God we adore as Attributes, be<g ref="char:EOLhyphen"/>ing
the lines of our Duty, the limits and scores we are to walk by; therefore
as our reason is here best instructed, so it cannot easily be deceived, and we
can better tell what is right reason in these things, then in questions not so im<g ref="char:EOLhyphen"/>mediately
relative to duty and morality.</p>
                     <p>But yet this Rule also holds in every thing where reason is,<note place="margin">42.</note> or can be
right; but with some little difference of expression, but generally thus:</p>
                     <p>1. Whatsoever right reason says cannot be done,<note place="margin">43.</note> we cannot pretend from
Scripture, that it belongs to Gods Almightiness to doe it; it is no part of the
Divine Omnipotency, to doe things contradictory; for that is not to be done
which is not, and it is no part of power to doe that which is not an act or ef<g ref="char:EOLhyphen"/>fect
of power. Now in every contradictory, one part is a <hi>non-entity,</hi> a <hi>no<g ref="char:EOLhyphen"/>thing,</hi>
and therefore by power cannot be produced; and to suppose it pro<g ref="char:EOLhyphen"/>ducible
or possible to be effected by an Almighty power, is to suppose an Al<g ref="char:EOLhyphen"/>mighty
power to be no power, or to doe that which is not the effect of power.</p>
                     <p>But I need say no more of this,<note place="margin">44.</note> for all men grant it, and all sects and va<g ref="char:EOLhyphen"/>rieties
of Christians indevour to clear their articles from inferring contradicti<g ref="char:EOLhyphen"/>ons,
as implicitely confessing, that it cannot be true to which any thing that is
<pb n="54" facs="tcp:58903:55"/>
true is contradictory. Onely some men are forced by their interest and opini<g ref="char:EOLhyphen"/>ons
to say, that although to humane reason some of their articles seem to have
in them contradictions, yet it is the defect of their reason, and their faith is the
more excellent, by how much reason is more at a loss. So doe the Luthe<g ref="char:EOLhyphen"/>rans
about the Ubiquity of Christs body, and the Papists about Transubstan<g ref="char:EOLhyphen"/>tiation,
and the Calvinists about absolute Reprobation, as being resolved upon
the propositions, though heaven and earth confute them. For if men can be
safe from argument with such a little artifice as this, then no error can be con<g ref="char:EOLhyphen"/>futed,
then there is nothing so absurd but may be maintained, and a mans rea<g ref="char:EOLhyphen"/>son
is useless in inquiry and in probation; and (which is to me very conside<g ref="char:EOLhyphen"/>rable)
no man can in any article be a heretick or sin against his conscience.
For to speak against the words of Scripture, is not directly against our consci<g ref="char:EOLhyphen"/>ence,
there are many ways to escape, by interpretation or authority; but to
profess an article against our reason, is immediately against our conscience; for
reason and conscience dwell under the same roof, and eat the same portions of
meat, and drink the same chalice: The authority of Scripture is superindu<g ref="char:EOLhyphen"/>ced,
but right reason is the eternal word of God; <hi>The kingdome of God that is
within us;</hi> and the best portions of Scripture, even the Law of Jesus Christ,
which in moral things is the eternal law of Nature, is written in our hearts, is
<hi>reason,</hi> and <hi>that wisdome</hi> to which we cannot choose but assent, and therefore in
whatsoever he goes against his reason, he must needs goe against his consci<g ref="char:EOLhyphen"/>ence,
because he goes against that, by which he supposes God did intend to
govern him, reason not having been placed in us as a snare and a temptation,
but as a light and a starre to lead us by day and night. It is no wonder that
men maintain absurd propositions, who will not hear great reason against
them, but are willing to take excuses and pretences for the justification of
them.</p>
                     <p>2. This is not to be understood,<note place="margin">45.</note> as if God could doe nothing but what
we can with our reason comprehend or know how. For God can doe every
thing, but we cannot understand every thing: and therefore infinite things
there are, or may be, which our reason cannot master; they are above our un<g ref="char:EOLhyphen"/>derstanding,
but are to be entertained by faith. It is not to be said or belee<g ref="char:EOLhyphen"/>ved
that God can doe what right reason says cannot be: but it must be said and
beleeved that God can doe those things to which our understanding cannot by
all its powers ministred here below, attain. For since God is omnipotent,
unless we were omniscient, we could not understand all that he can doe; but
although we know but little, yet we know some propositions which are
truths taught us by God, and they are the measures whereby we are to speak
and beleeve concerning the works of God.</p>
                     <p>For it is to be considered,<note place="margin">46.</note> whatsoever is above our understanding, is not
against it: <hi>supra</hi> and <hi>secundùm</hi> may consist together in several degrees: Thus
we understand the Divine power of working miracles, and we beleeve and know
God hath done many: and although we know not how our dead bones shall
live again, yet our reason tels us, that it is within the power of God to effect
it; and therefore our faith need not be troubled to beleeve it. But if a thing
be against our understanding, it is against the work of God, and against a truth
of God, and therefore is no part, and it can be no effect of the Divine power:
Many things in nature are above our understanding, and no wonder if many
things in grace are so too; <hi>The peace of God passeth all understanding,</hi> yet we feel
something of it, and hope for more, and long for all, and beleeve what we yet
cannot perceive. But I consider further:</p>
                     <p>
                        <pb n="55" facs="tcp:58903:55"/>
There are some things in reason which are certainly true,<note place="margin">47.</note> and some things
which reason does infallibly condemne: our blessed Saviours argument was
certain, <hi>A spirit hath not flesh and bones as ye perceive me to have;</hi> therefore <hi>I
am no spirit:</hi> and S. <hi>Johns</hi> argument was certain, <hi>That which we have seen with
our eyes, and heard with our ears, and which our hands have handled of the word
of life, that we preach,</hi> that is, we are to beleeve what we see and hear and feel;
and as this is true in the whole Religion, so it is true in every article of it. If
<hi>right sense</hi> and <hi>right reason</hi> tell us clearly, that is, tell us so that there is no ab<g ref="char:EOLhyphen"/>surdness,
or contradiction, or unreasonableness in it, we are to beleeve it, as we
are to beleeve God; and if an Angel from heaven should tell us any thing
against these propositions, I doe not doubt but we would reject him. Now
if we inquire what things are certainly true or false; I must answer that in the
first place I reckon, prime principles and contradictions. In the next place,
those things which are manifestly absurd: but if it be asked further, which
things are manifestly absurd, and what it is to be manifestly absurd? there can
no more answer be given to this, then to him who asks, how shall I know whe<g ref="char:EOLhyphen"/>ther
I am in light or in darkness? If therefore it be possible for men to dote in
such things as these, their reason is useless in its greatest force and highest
powers: It must therefore be certain, that if the parts of a contradiction, or
a right reason be put in bar against a proposition, it must not pretend to be an
article of faith; and to pretend Gods omnipotency against it, is to pretend his
power against his truth. God can deliver us from our enemies, when to hu<g ref="char:EOLhyphen"/>mane
reason it seems impossible, that is, when we are destitute of all natural
help, and proper causes and probabilities of escape, by what we see or feel; that
is, when it <hi>is impossible to men,</hi> it may be <hi>possible with God;</hi> but then the faith
which beleeves that God can doe it, is also very right reason: and if we hope
he will doe it, there is more then faith in it, but there is nothing in it beyond
reason, except love also be there.</p>
                     <p>The result is this:<note place="margin">48.</note> 1. Our reason is below many of the works, and below
all the power of God, and therefore cannot perceive all that God hath, or
can, or will doe, no more then an Owl can stare upon the body of the Sun, or
tel us what strange things are in that immense globe of fire. But when any thing
that is possible is revealed, reason can consent; but if reason cannot consent
to it when it is told of it, then it is nothing, it hath no being, it hath no possi<g ref="char:EOLhyphen"/>bility;
whatsoever is in our understanding is in being: for that which is not,
is not intelligible, and to what reason cannot consent, in that no being can be
supposed.</p>
                     <p>2. Not onely what is impossible to reason is possible in faith,<note place="margin">49.</note> but if any
thing be really absurd or unreasonable, that is, against some truth, in which
humane reason is really instructed, that is a sufficient presumption against a
proposition, that it cannot be an article of faith. For even this very thing (I
mean) an avoiding of an absurdity, or an inconvenience, is the onely measure
and rule of interpreting very many places of Scripture. For why does not
every Christian pull out his right eye, or cut off his hand, and leg, that he
might enter into heaven halt and blinde? why doe not we beleeve that Christ
is a door, and a vine, and a stone, since these things are dogmatically affirmed
in Scripture? but that we expound Scriptures as we confute them who deny
principles, by declaring that such senses, or opinions introduce evil and foolish
consequents, against some other truth in some faculty or other in which hu<g ref="char:EOLhyphen"/>mane
reason is rightly taught. Now the measure and the limit of this, is
that very thing which is the reason of this, and all the preceding discourse,
<pb n="56" facs="tcp:58903:56"/>
                        <hi>One truth cannot be against another;</hi> if therefore your opinion or interpretation
be against a truth, it is false, and no part of faith. A <hi>commandement</hi> cannot be
against a <hi>revelation,</hi> a privilege cannot be against a promise, a threatning
cannot mean against an article, a <hi>right</hi> cannot be against a <hi>duty;</hi> for all reason,
and all right, and all truth, and all faith, and all commandements are from
God, and therefore partake of his <hi>unity</hi> and his <hi>simplicity.</hi>
                     </p>
                     <p>3. This is to be enlarged with this advice,<note place="margin">50.</note> that in all questions of the sense
of Scripture, the ordinary way is to be presumed before the extraordinary,
and if the plain way be possible, and reasonable, and useful, and the extra<g ref="char:EOLhyphen"/>ordinary
of no other use, but to make wonder and strangeness to the beleef
of the understanding, we are to presume for that, and to let this alone, because
that hath the advantage of reason, it being more reasonable that God will
keep the methods of his own creation, and bring us to him by ways with
which we are acquainted, and by which we can better understand our way to
him, then that he will doe a miracle to no purpose, and without necessity;
God never doing any thing for the ostentation, but very many things for the
manifestation of his power, for his wisdome and his power declare each other,
and in every thing where he shews his mightiness, he also shews his wisdome,
that is, he never does any thing without great reason. And therefore the <hi>Ro<g ref="char:EOLhyphen"/>mans</hi>
doctrine of the holy Sacrament suffers an intolerable prejudice, because
it supposes daily heaps and conjugations of miracles, wholly to no purpose;
since the real body can be taken by them to whom it does not good; and all
the good can be conveyed to us, though the body be onely taken in a spiri<g ref="char:EOLhyphen"/>tual
sense; all the good being conveyed by moral instruments, and to spiritual
effect; and therefore the ordinary way, and the sense which the Church of
<hi>England</hi> gives, is infinitely to be preferred, because it supposes no violences
and effects of miracles, no cramps and convulsions to reason: and a man may
receive the holy Sacrament, and discourse of all its effects, and mysterious<g ref="char:EOLhyphen"/>nesses,
though he doe not talk like a mad man, or a man going out of his wits,
and a stranger to all the Reason and Philosophy of the world; and therefore it
is remarkable, that there is in our faith no article, but what is possible to be effe<g ref="char:EOLhyphen"/>cted
by the ordinary power of God; That a Virgin should conceive is so pos<g ref="char:EOLhyphen"/>sible
to Gods power, that is possible in nature say the Arabians; but how<g ref="char:EOLhyphen"/>ever,
he that made the Virgin out of nothing, can make her produce something
out of something: and for the resurrection of the dead, it is certainly less then
the Creation, and it is like that which we see every year, in the resurrection of
plants and dead corn, and is in many degrees imitable by Art, which can out
of ashes raise a flower. And for all the other articles of our Creed, they are
so far from being miraculous and strange to reason, that the greatest wonder
is, that our beleef is so simple and facile, and that we shall receive so great and
prodigious events hereafter, by instruments so fitted to the weakest capacities
of men here below. Indeed some men have so scorn'd the simplicity of the
Gospel, that because they thought it honourable to have every thing strange
and unintelligible, they have put in devices and dreams of miracles of their
own, and have so explicated them, that as without many miracles they could
not be verified, so without one, they can hardly be understood. That which
is easy to reason, and most intelligible, is more like the plainness, and truth, and
innocence, and wisdome of the Gospel, then that which is bones to Philosophy,
and iron to the teeth of babes.</p>
                     <p>But this is to be practised with caution;<note place="margin">51.</note> for every mans reason is not
right, and every mans reason is not to be trusted: and therefore,</p>
                     <p>
                        <pb n="57" facs="tcp:58903:56"/>
4. As absurd foolish things are not to be obtruded, under the pretence of
being mysteries, so neither must mistaken Philosophy, and false notices of things
be pretended for reason. There are mistakes on all hands, some Christians ex<g ref="char:EOLhyphen"/>plicate
their mysteries, and mince them into so many minutes, and niceties,
and speak of them more then they are taught, more then is said in the Scri<g ref="char:EOLhyphen"/>ptures,
or the first Creeds, that the article which in its own simplicity was in<g ref="char:EOLhyphen"/>deed
mysterious, and not to be comprehended by our dark and less instructed
reason, but yet was not impossible to be beleeved, is made impossible to be
understood by the appendages, and exposed to scorn and violences by here<g ref="char:EOLhyphen"/>ticks
and misbeleevers; so is the Incarnation of the Son of God, the mysteri<g ref="char:EOLhyphen"/>ous
Trinity, the presence of Christ in the holy Sacrament. For so long as the
mysteries are signified in simple, wise, and general terms, reason can espy no
particular impossibilities in them: but when men will explicate what they can<g ref="char:EOLhyphen"/>not
understand, and intricate what they pretend to explicate, and superinduce
new clauses to the article, and by entring within the cloud, doe less see the
light, they finde reason amazed, where she could easily have submitted, and
clouds brought upon the main article, and many times the body it self is sup<g ref="char:EOLhyphen"/>posed
to be a phantasm, because of its tinsel and fairy dressing: and on the other
side, he that would examine an article of faith, by a proposition in Philosophy,
must be careful that his Philosophy be as right as he pretends. For as it will
be hard to expect, that right reason should submit to a false article, upon pre<g ref="char:EOLhyphen"/>tence
it is revealed, so it will be as hard to distrust an article, because it is against
a false proposition, which I was taught in those Schools of learning who speak
things by custome, or by chance, or because they are taught, and because they
are not suffered to be examined. Whoever offers at a reproof of reason, must
be sure that he is right in the article, and that must be upon the strength of
stronger reason; and he that offers by reason to reprove a pretended article,
must be sure his reason must be greater then the reverence of that pretension.</p>
                     <p>And therefore holy Scriptures command us in those cases to such pur<g ref="char:EOLhyphen"/>poses,<note place="margin">52.</note>
as not onely teach us what to doe in it, but also confirm the main inquiry;
for therefore we are commanded to <hi>try all things:</hi> Suppose that be meant that
we try them by Scriptures; how can we so try them, but by comparing line
with line, by considering the consequents of every pretence, the analogy of
faith, the measures of justice, the laws of nature, essential right, and prime prin<g ref="char:EOLhyphen"/>ciples?
and all this is nothing but by making our <hi>faith</hi> the <hi>limit of our reason,</hi> in
matters of duty to God; and <hi>reason the minister of faith,</hi> and things that con<g ref="char:EOLhyphen"/>cern
our duty. The same is intended by those other words of another Apostle,
<hi>Beloved, beleeve not every spirit, but try if the spirits be of God;</hi> how can this be
tried? by Scripture? yea; but how if the Question be of the sense of Scri<g ref="char:EOLhyphen"/>pture,
as it is generally at this day? Then it must be tried by something ex<g ref="char:EOLhyphen"/>trinsecal
to the Question, and whasoever you can call to judgement, reason
must still be your <hi>Sollicitor</hi> and your <hi>Advocate</hi> and your <hi>Judge;</hi> onely reason
is not always the <hi>Law,</hi> sometimes it is, for so our blessed Saviour was pleased
to say, <hi>Why of your selves doe you not judge that which is reasonable?</hi> for so <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>
there is used,<note place="margin">Luke 12. 57.</note> that which is fitting and consonant to reason; and in pro<g ref="char:EOLhyphen"/>portion
to this it was, that so much of the Religion of Jesus was clothed with
Parables, as if the theoremes and propositions themselves were clothed with
flesh and bloud, and conversed after the manner of men, to whom reason is the
Law, and the Rule, the Guide and the Judge, the measure of good and evil for
this life, and for that which is to come. The consequent is this:</p>
                     <p>
                        <pb n="58" facs="tcp:58903:57"/>
He that says thus, <hi>This doctrine is against the word of God, and therefore it
is absurd and against reason,</hi> may as it fals out say true; but his proposition will
be of no use, because reason is before revelation, and that this is revealed by
God, must be proved by reason. But,</p>
                     <p>He that says,<note place="margin">54.</note> 
                        <hi>This is absurd, or this is against reason, therefore this is against
the word of God,</hi> if he says true in the antecedent, says true in the consequent,
and the argument is useful in the whole, it being the best way to interpret dif<g ref="char:EOLhyphen"/>ficult
Scriptures, and to establish right senses, and to confute confident here<g ref="char:EOLhyphen"/>sies.
For when both sides agree that these are the words of God, and the que<g ref="char:EOLhyphen"/>stion
of faith is concerning the meaning of the words, nothing is an article of
faith, or a part of the religion, but what can be proved by reasons to be the sense
and intentions of God. Reason is never to be pretended against the clear
sense of Scripture, because by reason it is that we came to perceive that to be
the clear sense of Scripture. And against Reason, reason cannot be preten<g ref="char:EOLhyphen"/>ded;
but against the words of Scripture produced in a question, there may be
great cause to bring reason; for nothing seems plainer then those words of
S. <hi>James, Above all things my brethren, swear not at all;</hi> and yet reason inter<g ref="char:EOLhyphen"/>poses
and tels us, that plain words must not be understood against plain rea<g ref="char:EOLhyphen"/>son
and plain necessity: For if oaths before Magistrates were not permitted
and allowed, it were necessary to examine all men by torture; and yet neither
so could they so well be secured of truth as they can by swearing. What is
more plain then the words of S. <hi>Paul?</hi> 
                        <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>,
<hi>mortify</hi> or kill <hi>your members, that are upon the earth;</hi> and yet reason tels us, that
we must not hurt or destroy one limb, and where ever the effect would be
intolerable, there the sense is still unreasonable; and therefore not a part of
faith, so long as it is an enemy to reason, which is the elder sister, and the
guide and guardian of the yonger.</p>
                     <p>For as when the Tables of the Law were broken by <hi>Moses,</hi>
                        <note place="margin">55.</note> God would
make no new ones, but bade <hi>Moses</hi> provide some stones of his own, and he
would write them over: so it is in our Religion, when God with the finger
of his Spirit, writes the Religion and the Laws of Jesus Christ, he writes them
in the tables of our reason, that is, <hi>in the tables of our hearts. Homo cordatus,</hi> a
wise, rational man, sober, and humble, and discursive hath the best <hi>faith,</hi> but
the <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap> (as S. <hi>Paul</hi> cals them) <hi>the unreasonable,</hi> they are such who <hi>have no
faith,</hi>
                        <note place="margin">Rom. 12. 1.</note> 2 <hi>Thess.</hi> 3. 2. For the Christian Religion is called by S. <hi>Paul</hi> 
                        <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>,
<hi>a reasonable worship;</hi>
                        <note place="margin">1 Pet. 2. 2.</note> and the word of God is called by S. <hi>Peter</hi> 
                        <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>,
<hi>the reasonable</hi> and <hi>uncrafty milk;</hi> it is full of <hi>reason,</hi> but it hath
no <hi>tricks,</hi> it is <hi>rational,</hi> but <hi>not crafty,</hi> it is wise and holy: And he that pretends
there are some things in our Religion, which right reason cannot digest and ad<g ref="char:EOLhyphen"/>mit,
makes it impossible to reduce Atheists, or to convert Jews and Heathens
But if reason invites them in, reason can entertain them all the day.</p>
                     <p>And now to the arguments brought against the use of reason; the<g ref="char:cmbAbbrStroke">̄</g> answers
may easily be gathered from the premises:</p>
                     <p>To the first I answer,<note place="margin">56.</note> That reason is the eye of the soul in all things, natu<g ref="char:EOLhyphen"/>ral,
moral and religious; and faith is the light of that eye, in things pertaining
to God; for it is true, that <hi>naturall reason</hi> cannot teach us the things of God,
that is, reason instructed onely by this world, which S. <hi>Paul</hi> cals <hi>the natural
man,</hi> cannot discern the things of the Spirit, for they are <hi>spiritually discerned:</hi>
that is, that they are taught and perceived by the aids of Gods Spirit, by reve<g ref="char:EOLhyphen"/>lation
<pb n="59" facs="tcp:58903:57"/>
and divine assistances and grace: but though <hi>natural reason</hi> cannot, yet
it is false to say that <hi>reason cannot;</hi> for <hi>reason illuminated</hi> can <hi>perceive the things
of God;</hi> that is, when reason is taught in that faculty, under that Master, and
by those rules which are proper for spiritual things, then reason can doe all
its intentions.</p>
                     <p>To the second I answer,<note place="margin">57.</note> that therefore humility and piety are the best
dispositions, to the understanding the secrets of the Gospel:</p>
                     <p>1. Because these doe remove those prejudices and obstructions which are
bars and fetters to reason; and the humble man does best understand, because
the proud man will not inquire, or he will not labour, or he will not under<g ref="char:EOLhyphen"/>stand
any proposition that makes it necessary for him to lay aside his imploy<g ref="char:EOLhyphen"/>ment
or his vanity, his interest or his vice.</p>
                     <p>2. These are indeed excellent dispositions to understanding, the best
<hi>moral instruments,</hi> but not the <hi>best natural:</hi> If you are to dispute against a Hea<g ref="char:EOLhyphen"/>then,
a good reason will sooner convince him then an humble thought; If you
be to convert a Jew, an argument from the old Prophets is better to him then
three or four acts of a gracious comportment.</p>
                     <p>3. Sometimes by way of blessing and reward. God gives understanding
to good persons, which to the evil he denies, but this which effects any thing
by way of Divine blessing, is not to be supposed the best natural instrument.
Thus the Divines say that the fire of hell shall torment souls, <hi>tanquam instru<g ref="char:EOLhyphen"/>mentum
Divinae voluntatis,</hi> as the instrument in the hand of a voluntary, and
almighty agent, but not as a thing apportioned properly to such an event, for
the worm of conscience is more apt to that purpose.</p>
                     <p>4. And when we compare <hi>man with man,</hi> so it is true that the pious man
should be sooner instructed then the impious, <hi>caeteris paribus,</hi> but if we compare
<hi>discourse</hi> and <hi>piety, reason</hi> &amp; <hi>humility,</hi> they excel each other in their several kinds,
as wooll is better then a diamond, and yet a diamond is to be preferred before a
bag of wool; they operate to the same purpose of understanding in several
manners: And whereas it is said in the argument, that <hi>the doctrine of the Cross
was foolishness to the Greeks,</hi> it is true, but nothing to the present question. For
therefore it was foolishness to them, because they had not been taught in the
secrets of God, they were not instructed how God would by a way so con<g ref="char:EOLhyphen"/>trary
to flesh and bloud, cause the spirits of just men to be made perfect.
And they who were wise by <hi>Plato</hi>'s Philosophy, and onely well skill'd in <hi>Ari<g ref="char:EOLhyphen"/>stotle,</hi>
could doe nothing in the Schools of <hi>Jesus,</hi> because they were not in<g ref="char:EOLhyphen"/>structed
in those truths by which such proceedings were to be measured; but
still, reason is the great wheel, though according as the motion was intended,
new weights must be proportioned accordingly.</p>
                     <p>The third objection presses upon the point of duty,<note place="margin">58.</note> and because the Scri<g ref="char:EOLhyphen"/>pture
requires obedience of understanding, and submitting our most impe<g ref="char:EOLhyphen"/>rious
faculties, therefore reason is to be excluded: To this I answer, that we
must submit our understanding to God, is very true, but that is onely when
God speaks. But because we heard him not, and are onely told that God did
speak, our reason must examine whether it be fit to beleeve them that tell
us so; for some men have spoken falsly, and we have great reason to beleeve
God, when all the reason in the world commands us to suspect the offerings
of some men: and although we ought for the greatest reasons submit to God,
yet we must judge and discern the sayings of God, from the pretences of men;
and how that can be done without using out reason in the inquiries of Reli<g ref="char:EOLhyphen"/>gion
<pb n="60" facs="tcp:58903:58"/>
is not yet discovered, but for the obedience of understanding, it consists
in these particulars.</p>
                     <p>
                        <hi>The particulars in which obedience of Understanding consists.</hi>
                     </p>
                     <p>1. That we submit to God onely and not to man;<note place="margin">59.</note> that is, to God where
ever it appears reasonable to be beleeved that he hath spoken, but never to
man unless he hath authority from reason or religion to command our con<g ref="char:EOLhyphen"/>formity.</p>
                     <p>2. That those things which by the abuse and pretence of reason are
passed into a fictitious and usurped authority,<note place="margin">60.</note> make no part of our Religion; for
because we are commanded to submit our understanding to God, therefore
we must <hi>call no man Master upon earth;</hi> therefore it is certain that we must
not beleeve the reports or opinions of men against a revelation of God. He
that communicates with holy bread onely, and gives not the chalice to all
Gods people that require the holy Communion, does openly adhere to a fond
custome and authority of abused men, and leaves the express, clearest,
undeniable institution of God.</p>
                     <p>3. When reason and revelation seem to disagree,<note place="margin">61.</note> let us so order our selves
that so long as we beleeve this to be a revelation, no pretence of reason may
change our beleef from it: if right or sufficient reason can perswade us that
this is not a revelation, well and good; but if reason leaves us in the actual
perswasion that it is so, we must force our reason to comply with this, since
no reason does force us to quit this wholly; and if we cannot quit our rea<g ref="char:EOLhyphen"/>son
or satisfie it, let us carry our selves with modesty, and confess the reve<g ref="char:EOLhyphen"/>lation,
though with profession of our ignorance and unskilfulness to recon<g ref="char:EOLhyphen"/>cile
the two litigants.</p>
                     <p>4. That whatsoever is clearly and plainly told us,<note place="margin">62.</note> we obey it, and rest in it,
and not measure it by the rules of folly and weak Philosophy, or the sayings
of men in which error may be ingredient; but when things are unequal, that
is, when we can doubt concerning our reason, and cannot doubt concerning
the revelation, we make no question but preferre <hi>this</hi> before <hi>that.</hi>
                     </p>
                     <p>5. That in particular inquiries,<note place="margin">63.</note> we so order our selves as to make this the
general measure, that we never doe violence to the word of God, or suspect
that, but resolve rather to call our selves liars, then that Religion should re<g ref="char:EOLhyphen"/>ceive
detriment; and rather quit our arguments then hazard an article; that
is, that <hi>when all things are equal,</hi> we rather preferre the pretence of revela<g ref="char:EOLhyphen"/>tion,
then the pretences of reason, for the reverence of <hi>that</hi> and the suspicion
of <hi>this.</hi> Beyond this we can doe no more.</p>
                     <p>To the fourth I answer,<note place="margin">64.</note> that it is true, reason is fallible, or rather to speak
properly, <hi>ratiocination,</hi> or the using of reason is subject to abuse and decepti<g ref="char:EOLhyphen"/>on;
for reason it self is not fallible: but if reason, that is, reasonings be fal<g ref="char:EOLhyphen"/>lible,
so are the pretences of revelation subject to abuse; and what are we
now the nearer? Some reasons are but probable, and some are certain and
confessed, and so it is in the sense of Scriptures, some are plain and need no
interpreter, no discourse, no art, no reasonings to draw out their sense; but
many are intricate and obscure, secret and mysterious; and to use a fallible
reasoning to draw out an obscure and uncertain sense of Scripture, is some<g ref="char:EOLhyphen"/>times
<pb n="61" facs="tcp:58903:58"/>
the best way we have, and then we must make the best of it we can: but
the use of reasoning is not onely to finde out truth the best we can, but some<g ref="char:EOLhyphen"/>times
we are as sure of it; as of light; but then and always our reason (such as
it is) must lead us into such proportions of faith as they can: according as our
reason or motives are, so ordinary is the degree our faith.</p>
                     <p>To the fifth I need give no other answer but this,<note place="margin">65.</note> that it confesses the
main question: For if this be the greatest reason in the world, <hi>God hath said it,
therefore it is true,</hi> it follows, that all our faith relies upon this one reason;
but because this reason is of no use to us till the minor proposition be proved,
and that it appear that God hath said it, and that in the inquiry after that, we
are to use all our reason; the consequent is, that in the first and last, reason
lends legs of faith, and nothing can be wisely beleeved, but what can by some
rational inducement be proved. As for the last proposition in the objection,
<hi>This is against Scripture, therefore it is absurd and unreasonable,</hi> I have already
made it appear to be an imprudent and useless affirmative.</p>
                     <p>The sixth Objection complains of them that by weak reasonings lose their
Religion,<note place="margin">66.</note> but this is nothing against right reasoning: For because Mountebanks
and old women kill men by vile Physick, therefore is it true, that the wise dis<g ref="char:EOLhyphen"/>courses
of Physicians cannot minister to health? half-witted people talk
against God, and make objections against Religion, and themselves have not
wit or will enough to answer them and they intending to make reason to be <hi>the
positive and affirmative measure of Religion,</hi> are wholly mistaken, and abuse them<g ref="char:EOLhyphen"/>selves
and others. 2. We are not to exact every thing in Religion according
to our weak reasonings; but whatsoever is certain in reason, Religion cannot
contradict that; but what is uncertain, or imperfect, Religion oftentimes does
instruct and amend it. But there are many mysteries of Religion contrary to
reason, corrupted with evil manners, and many are contrary to reason, corrupted
with false propositions; now these men make objections, which upon their
own principles they can never answer: but that which seems impossible to vi<g ref="char:EOLhyphen"/>cious
persons is reason to good men, and that which children and fools can<g ref="char:EOLhyphen"/>not
answer, amongst wise men hath no difficulty; and <hi>the ignorant, and the un<g ref="char:EOLhyphen"/>stable,
wrest some Scriptures to their own damnation:</hi> but concerning the new
Atheists that pretend to wit, it is not their reason, but their want of reason that
makes them such, for if either they had more learning, or did beleeve them<g ref="char:EOLhyphen"/>selves
to have less, they could never be Atheists.</p>
                     <p>To the last I answer,<note place="margin">67.</note> that it is reason we should hear reason whereever we
finde it, if there be no greater evil brought by the teacher then he can bring
good; But if an heretick preaches good things, it is not always lawful to hear
them, unless when we are out of danger of his abuses also. And thus truth
from the devil may be heard, if we were out of his danger; but because he
tels truth to evil purposes, and makes wise sayings to become craft, it is not
safe to hear him. 2. But besides this, although it is lawful to beleeve a truth
which the devil tels us, yet it is not lawful to goe to School to the devil, or to
make inquiries of him, because he that does so, makes him his Master, and gives
something of Gods portion to Gods enemy. As for Judicial Astrology and
Genethliacal predictions, for my part I therefore reprove them, not because
their reason is against Religion, for certainly it cannot be; but because I think
they have not reason enough in what they say; they goe upon weak principles
which they cannot prove; they reduce them to practice by impossible me<g ref="char:EOLhyphen"/>diums:
<pb n="62" facs="tcp:58903:59"/>
they draw conclusions with artless and unskilful heads, they argue
about things with which they have little conversation, they cannot makes scien<g ref="char:EOLhyphen"/>tifical
progress in their profession, but out of greediness to doe something; they
usually, at least are justly suspected to take in auxiliaries from the spirits of
Darkness; they have always spoken uncertainty, and most part falsly; and
have always lived scandalously in their profession: they have by all Re<g ref="char:EOLhyphen"/>ligions
been cried down, trusted by none but fools, and superstitious people;
and therefore although the art may be very lawful, if the starres were upon the
earth, or the men were in heaven, if they had skill in what they profess, and
reason in all their pretences, and after all that their principles were certain, and
that the starres did really signify future events, and that those events were not
overruled by every thing in heaven and in earth, by God, and by our own
will and wisdome, yet because here is so little reason, and less certainty, and no<g ref="char:EOLhyphen"/>thing
but confidence and illusion, therefore it is that Religion permits them
not; and it is not the reason in this art, that is against Religion, but the folly or
the knavery of it, and the dangerous and horrid consequents, which they feel
that run a whoring after such Idols of imagination.</p>
                  </div>
                  <div n="4" type="rule">
                     <head>RULE 4. A judgement of nature, or inclination, is not suffici<g ref="char:EOLhyphen"/>ent
to make a sure Conscience.</head>
                     <p>BEcause this Rule is of good use,<note place="margin">1.</note> not onely for making judgement concer<g ref="char:EOLhyphen"/>ning
the states of some men, but also in order to many practices, it will
not be lost labour to consider, that there are three degrees of practical judge<g ref="char:EOLhyphen"/>ment.</p>
                     <p>The first is called an inclination,<note place="margin">2.</note> or the first natural consonancy between
the faculty or disposition of man, and some certain actions. All men are na<g ref="char:EOLhyphen"/>turally
pitiful in some degree, unless their nature be lame and imperfect: As
we say all men naturally can see, and it is true, if they have good eyes: so all
men naturally are pitiful, unless they have no bowels: But some more, some
less. And therefore there is in their natures a conveniency, or agreeing between
their dispositions and acts of charity. In the first or lowest sort there is <hi>an apt<g ref="char:EOLhyphen"/>ness
to it.</hi> 2. In the sweeter and better natures there is <hi>a virtual charity.</hi> 3. But
in those that consider and choose, and observe the Commandement, or the
proportions of right reason, there is in these onely a <hi>formal, deliberative, com<g ref="char:EOLhyphen"/>pound
or practical judgement.</hi>
                     </p>
                     <p>Now concerning the first sort,<note place="margin">3.</note> that is, <hi>the natural disposition</hi> or <hi>first propen<g ref="char:EOLhyphen"/>sity,</hi>
it is but a remote disposition towards <hi>a right conscience</hi> and <hi>a practical judge<g ref="char:EOLhyphen"/>ment;</hi>
because it may be rescinded, or diverted by a thousand accidents, and is
nothing else but a relique of the shipwrack which <hi>Adam</hi> and all the world have
made, and may pass into nothing as suddenly as it came. He that sees two
Cocks fight, though he have no interest in either, will assist one of them at
least by an ineffective pity and desire: but this passes no further then to na<g ref="char:EOLhyphen"/>tural
effects, or the changes or affections of a load-stone; it may produce some<g ref="char:EOLhyphen"/>thing
in nature, but nothing in manners.</p>
                     <p>Concerning the second,<note place="margin">4.</note> that is, <hi>a virtual judgement,</hi> that is, a natural inclina<g ref="char:EOLhyphen"/>tion
passing forth into habit or custome, and delight in the actions of some ver<g ref="char:EOLhyphen"/>tues;
<pb n="63" facs="tcp:58903:59"/>
it is certain that it is one part of the grace of God, and a more promo<g ref="char:EOLhyphen"/>ted
and immediate disposition to the vertue of its kinde then the former.
Some men are naturally very merciful, and some are abstemious, and some
are continent: and these in the course of their life take in every argument
and accidental motive, and the disposition swells, and the nature is confirm'd.
But still it is but nature. The man, it may be, is chast, because he hates the
immodesty of those addresses which prepare to uncleanness; or he loves his
quiet, or fears the accidents of his Enemy-crime; or there was a terror
infus'd into him by the sight of a sad spectacle, the evil reward of an adulte<g ref="char:EOLhyphen"/>rous
person.
<q>—quosdam moechos dum Mugilis intrat.</q>
Concerning this kinde of virtual judgement or confirm'd nature, I have two
things to say:</p>
                     <p>1. That this virtual judgement can produce love or hatred to certain
objects,<note place="margin">5.</note> ineffective complacencies or disrelishes respectively, proper antipa<g ref="char:EOLhyphen"/>thies
and aversations from a whole kinde of objects; such as was that hatred
that <hi>Tamerlan</hi> had to <hi>Zercon,</hi> or some men to Cats. And thus much we can<g ref="char:EOLhyphen"/>not
deny to be produc'd by the operation and simple apprehension of our
senses by pictures and all impressions of fancy:<note place="margin">Vide Aristot. de anima lib. 2. text. 154.</note> 
                        <hi>Cum opinamur difficile aliquid
aut terribile statim compatimur. Secundùm imaginem autem similiter nos habemus.</hi>
We finde effects and impresses according to the very images of things we see,
and by their prime apprehensions; and therefore much rather may these <hi>actus
imperati,</hi> or more natural and proper effects and affections of will be entertain'd
or produc'd respectively. Men at first sight fall in love with women, and that
against their reason and resolution, and counsel, and interest, and they cannot
help it; and so they may doe with some actions of virtue. And as in the first
case they are rather <hi>miserable</hi> then <hi>vicious;</hi> so in this they are rather <hi>fortunate</hi>
then <hi>vertuous:</hi> and they may be commended as we praise a fair face, or a strong
arm, an athletick health, or a good constitution; and it is indeed a very good
disposition and a facilitation of a vertuous choice. But,</p>
                     <p>2. This <hi>virtual judgement,</hi>
                        <note place="margin">6.</note> which is nothing but <hi>nature confirm'd</hi> by acci<g ref="char:EOLhyphen"/>dents,
is not a state of good by which a man is acceptable to God. Neither is
it a sufficient principle of <hi>a good life,</hi> nor indeed of <hi>the actions of its own kinde.</hi>
1. Not of good life, because it may be in a single instance; and it can never
be in all. The man that is <hi>good natur'd,</hi> that is, <hi>naturally meek,</hi> and <hi>loving,</hi> goes
the furthest upon this account; but without the conjunction of other vertues
it is a great way off from that good state whither naturally it can but tend
and incline: and we see some good things are made to serve some evil;
and by temperance, and a moderate diet, some preserve their health, that they
may not preserve their chastity: and they may be habitually proud, because
they are naturally chast: and then this chastity is no virtue, but a disposition
and an aptness onely. In this sense that of S. <hi>James</hi> may be affirmed, <hi>He
that offends in one, is guilty of all;</hi> that is, if his inclinations, and his accidentally
acquird habits be such as to admit a mixture, they are not genuine and graci<g ref="char:EOLhyphen"/>ous:
such are these that are the effects of a nature fitted towards a particular
virtue. It must be a higher principle that makes an intire piety; nature and
the habits growing upon her stock, cannot doe it. <hi>Alexander</hi> was a continent
Prince, and the captive beauties of <hi>Persia</hi> were secur'd by it in their Honours;
but by rage he destroyed his friend, and by drunkenness he destroyed him<g ref="char:EOLhyphen"/>self.</p>
                     <p>2. But neither is this virtual judgement a sufficient principle of the actions
<pb n="64" facs="tcp:58903:60"/>
of its own kinde; for this natural strength is nothing but an uneasiness and
unaptness to suffer by common temptations; but place the man where he can
be tempted, and this good disposition secures him not, because there may
be something in nature bigger then it.</p>
                     <p>It remains then,<note place="margin">7.</note> that to the constitution of a Right and Sure Conscience,
there is requir'd <hi>a formal judgement,</hi> that is, a deliberation of the understanding,
and a choice of the wi<gap reason="illegible" resp="#TECH" extent="1 letter">
                           <desc>•</desc>
                        </gap>l, <hi>that</hi> being instructed, and <hi>this</hi> inclined by <hi>the grace of
God: tantóque laudabilior munificentia nostra fore videbatur, quòd ad illam non
impetu quodam sed consilio trahebamur,</hi>
                        <note place="margin">Lib. 1. ep. 8.</note> said <hi>Secundus:</hi> then it is right and good,
then when it is not violent, necessary, or natural, but when it is chosen. This
makes <hi>a Right and Sure Conscience,</hi> because the grace of God hath an universal
influence into all the course of our actions. <hi>For he that said, Doe not kill, said
also, Doe not steal:</hi> and if he obeys in one instance, for that reason must obey
in all, or be condemn'd by himself, and then the Conscience is right in the
principle and fountain, though defil'd in the issue and emanation. For he
that is condemn'd by his own <hi>Conscience,</hi> hath the law written and the chara<g ref="char:EOLhyphen"/>cters
still fair, legible, and read; but then the fault is in something else; <hi>the
will</hi> is corrupted. The summe is this:</p>
                     <p>It is not enough that the Conscience be taught by <hi>nature,</hi>
                        <note place="margin">8.</note> but it must
be taught by <hi>God,</hi> conducted by <hi>reason,</hi> made operative by <hi>discourse,</hi> assisted by
<hi>choice,</hi> instructed by <hi>laws</hi> and <hi>sober principles:</hi> and then it is <hi>Right,</hi> and it
may be <hi>Sure.</hi>
                     </p>
                  </div>
                  <div n="5" type="rule">
                     <head>RULE 5. When two motives concurre to the determination
of an action, whereof one is vertuous, and the
other secular, a Right Conscience is not preju<g ref="char:EOLhyphen"/>dic'd
by that mixture.</head>
                     <p>HE that fasts to punish himself for his sins,<note place="margin">1.</note> and at the same time intends
his health, though it will be very often impossible for him to tell himself
which was the final and prevailing motive and ingredient into the perswasion,
yet it is no detriment to his conscience; the religious motive alone did suf<g ref="char:EOLhyphen"/>fice
to make it to be an act of a good conscience; and if the mix<gap reason="illegible" resp="#TECH" extent="1 letter">
                           <desc>•</desc>
                        </gap>ure of the
other could change this, it could not be lawful to use, or in any degree to be
perswaded by the promises of those temporal blessings which are reco<gap reason="illegible" resp="#TECH" extent="1 letter">
                           <desc>•</desc>
                        </gap>ded in
both Testaments, and to which there is a natural desire, and proper inclina<g ref="char:EOLhyphen"/>tion.
But this also is with some difference.</p>
                     <p>2. If the secular ingredient be the stronger,<note place="margin">2.</note> it is in the same degree as it
prevails over the vertuous or religious, <hi>a diminution</hi> of the worthiness of the
action; but if it be a secular blessing under a promise, it does not alter <hi>the
whole kinde of the action.</hi> The reason is this: Because whatever God hath
promised, is therefore desirable and good, because he hath promised it, or he
hath promised it because it is of it self good, and useful to us; and therefore
whatever we may innocently desire, we may innocently intend: but if it be
<pb n="65" facs="tcp:58903:60"/>
mingled with a religious and spiritual interest, it ought not to sit down in the
highest place, because a more worthy is there present, lest we be found to
be passionate for the things of this life, and indifferent for God and for Reli<g ref="char:EOLhyphen"/>gion.</p>
                     <p>3. If the secular or temporal ingredient be not under a promise,<note place="margin">3.</note> and yet
be the prime and chief motive, the whole case is altered: the conscience is not
right, it is natural inclination, <hi>not conscience,</hi> it is sense or interest, <hi>not duty.</hi> * He
that gives alms with a purpose to please his Prince, who is charitable and reli<g ref="char:EOLhyphen"/>gious,
although his purpose be innocent, yet because it is an end which God
hath not encouraged by propounding it as a reward of charity the whole de<g ref="char:EOLhyphen"/>liberation
is turn'd to be a secular action, and passes without a reward. Our
<hi>blessed Saviour</hi> hath by an instance of his own, determin'd this case. <hi>When thou
makest a feast call not the rich,</hi> who can make thee recompence, but <hi>call the poor,
and thou shalt have reward in heaven.</hi> To call the rich to a feast is no sin, but
to call them is to lose the reward of charity, by changing the whole nature of
the action from <hi>charity</hi> to <hi>civility,</hi> from <hi>Religion</hi> to <hi>prudence.</hi>
                     </p>
                     <p>And this hath not other exception or variety in it,<note place="margin">4.</note> but when the mixture is
of a thing that is so purely <hi>natural,</hi> that it is also <hi>necessary:</hi> Thus to eat upon a
festival day to satisfy a long hunger, to be honestly imployed to get a living,
doe not cease to be religious, though that which is temporal be the first and
the greatest cause of the action or undertaking. But the reason of this diffe<g ref="char:EOLhyphen"/>rence
(if any be apprehended) is because this natural end <hi>is also a duty,</hi> and
tacitly under a promise.</p>
                     <p>
                        <hi>Quest.</hi>
                     </p>
                     <p>IT is usually requir'd,<note place="margin">5.</note> that all that enter into the holy Offices of the Mini<g ref="char:EOLhyphen"/>stery
should so primely and principally design the glory of God, that all
other considerations should scarce be ingredients into the resolution, and yet
if it be inquired how far this is obligatory, and observe how little it is attended
to in the first preparations to the Order, the very needs of most men will make
the Question material.</p>
                     <p>But I answer to the Question,<note place="margin">6.</note> in proportion to the sense of the present
Rule.</p>
                     <p>1. Where ever a religious act by Gods appointment may serve a temporal
end and a spiritual, to attend either is lawful; but it is still more excellent, by
how much preference and greater zeal, we more serve the more excellent.
Therefore although it be better to undertake the sacred function wholly for
ends spiritual, yet it is lawful to enter into it with <hi>an actual design</hi> to make that
calling the means of our natural and necessary support. The reason is:</p>
                     <p>Because it is lawfull to intend what God hath offered and propounded.<note place="margin">7.</note>
The end which God hath made, cannot be evil, and therefore it cannot be evil
to choose that instrument to that end, which by Gods appointment is to
minister to that end. Now since <hi>God hath ordained that they who preach the
Gospel should live of the Gospel,</hi> it cannot be unlawful to design <hi>that</hi> in order to
<hi>this.</hi>
                     </p>
                     <p>2. If our temporal support and maintenance be the <hi>first</hi> and <hi>immediate</hi>
design,<note place="margin">8.</note> it makes not the whole undertaking to be unlawful. For all callings,
and all states, and all actions, are to be directed or done to the glory of God;
according to that saying of S. <hi>Paul, Whether ye eat or drink, or whatsoever ye doe,
<pb n="66" facs="tcp:58903:61"/>
all to the glory of God:</hi> and that one calling should be more for Gods glory
then another, is by reason of the matter and imployment; but in every one,
for its portion still, Gods glory must be the principal, and yet no man que<g ref="char:EOLhyphen"/>stions
but it is lawful for any man to bring his son up to the most gainful trade,
if in other things there be no objection: and therefore why this may not be
the first moving consideration in the susception of, or designation to the calling
Ecclesiastical, cannot have any reason in the nature of the thing: For if in
all things Gods glory must be the principal end, and yet in some Callings the
temporal advantage is the first mover, then it may be so in all; the intention
of Gods glory notwithstanding: for if it hinders not in <hi>that,</hi> it hinders not
in <hi>this.</hi> But yet,</p>
                     <p>3.<note place="margin">9.</note> It is a great imperfection actually to think of nothing but the tempo<g ref="char:EOLhyphen"/>ral
advantages, of which God hath in that Calling made provisions; but I
say, it is not always a sin to make them the <hi>first mover</hi> in the designing the
person to that Calling.</p>
                     <p>But therefore this is onely tolerable in those persons,<note place="margin">10.</note> who at great distance
design the Calling; as when they first study to make themselves capable of
it, then it is tolerable, because they are bound to provide for themselves in all
just ways, and standing at so great distances from it, cannot behold the beau<g ref="char:EOLhyphen"/>ties
which are <hi>in interiori demo;</hi> the duty which is on them, is to doe that
which is their proper work, that is, to fit themselves with abilities and skill to
conduct it, and therefore their intention must be fitted accordingly, and move
by the most powerful and prevailing motive, so it be lawful. He that applies
himself to learn letters, hath an intention proportionable to his person and ca<g ref="char:EOLhyphen"/>pacity
when he first enters, and as he grows in powers, so must he also in pur<g ref="char:EOLhyphen"/>poses;
so that as he passes on to perfection, he may also have intentions more
noble and more perfect: and a man in any Calling may first design to serve
that end that stands next him, and yet when he is possest of that, look on fur<g ref="char:EOLhyphen"/>ther
to the intention of the thing, and its own utmost capacity. But there<g ref="char:EOLhyphen"/>fore,</p>
                     <p>4. Whoever does actually enter into Orders,<note place="margin">11.</note> must take care that his <hi>prin<g ref="char:EOLhyphen"/>cipal</hi>
end be the glory of God, and the good of souls. The reasons are these:</p>
                     <p>1. Because no man is fit for that Office,<note place="margin">12.</note> but he that is spiritual in his per<g ref="char:EOLhyphen"/>son,
as well as his Office: he must be a despiser of the world, a light to others,
an example to the flock, a great denier of himself, of a celestial minde, he must
minde heavenly things; with which dispositions it cannot consist, that he who
is called to the lot of God, should place his chief affections in secular advan<g ref="char:EOLhyphen"/>tages.</p>
                     <p>2. This is that of which the Apostle was a glorious precedent,<note place="margin">13.</note> 
                        <hi>We seek
not yours,</hi>
                        <note place="margin">2 Cor. 11. 14.</note> 
                        <hi>but you; for the Parents lay up for the children, not children for their Pa<g ref="char:EOLhyphen"/>rents:</hi>
meaning, that between the spiritual and the natural paternity, there is so
much proportion, that when it is for the good of the children, they must all
quit their temporal advantages; but because this is to be done for the spiritual,
it follows, this must be chief.</p>
                     <p>And this I suppose is also enjoyned by another Apostle,<note place="margin">14.</note> 
                        <hi>Feeding the flock
of God,</hi>
                        <note place="margin">1 P<gap reason="illegible" resp="#TECH" extent="2 letters">
                              <desc>••</desc>
                           </gap>. 5. 2.</note> 
                        <hi>not for filthy lucre sake,</hi> 
                        <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>, that is, but <hi>of a prompt, ready
minde;</hi> a minde moved by intrinsick arguments of fair design, not drawn by
the outward cords of vanity and gain.</p>
                     <p>
                        <pb n="67" facs="tcp:58903:61"/>
3.<note place="margin">15.</note> The work of the Calling being principally and immediately for the
good of souls, and for the glory of God, it cannot be pursued as the nature of
the work requires, if that be not principally intended, which is principally to be
procured; All that which is necessary in order to it must also be taken care
of: Thus the Ministers of Religion may attend their health, and must look to
their necessary support, and may defend themselves against all impediments of
their offices in just and proportionable ways: but because all these have fur<g ref="char:EOLhyphen"/>ther
purposes, although they standing nearest may be first regarded by an
<hi>actual care,</hi> at <hi>some times,</hi> and <hi>in some circumstances,</hi> and <hi>by actual attention;</hi> yet
<hi>habitually,</hi> and <hi>principally,</hi> and <hi>constantly,</hi> the glory of God, and the good of
souls must be in the heart, and in the purpose of every action.</p>
                     <p>But the principality and preheminence of this intention is no otherwise
to be judged of,<note place="margin">16.</note> either by our selves or others, then by these following signifi<g ref="char:EOLhyphen"/>cations.</p>
                     <p>1. No man can in any sense principally,<note place="margin">17.</note> that is, as he ought, intend the
good of souls, who enters into the sacred Ministery without those just mea<g ref="char:EOLhyphen"/>sures
of preparation and disposition, which are required by the Church, and
the nature of the thing it self; that is, that he be well instructed in the holy
Scriptures, and be fit to teach, to exhort, to reprove. For he who undertakes
a work which can serve Gods ends and his own in several capacities, and is
not sufficiently instructed to serve the ends of God, it is apparent that what
he undertakes is for his own end.</p>
                     <p>2. His intentions cannot be right, who by any indirect arts does enter,
for that which does not begin at God, cannot be for God: <hi>Non enim ambi<g ref="char:EOLhyphen"/>tione,
vel pretio, sed probatae vitae &amp; disciplinarum testimonio, ad honoris &amp; Sacer<g ref="char:EOLhyphen"/>dotii
insignia oportet promoveri,</hi> said the Emperour <hi>Theodosius.</hi> He therefore
who symoniacally enters, fixes his eye and heart upon that which he values
to be worth money, not upon the spiritual imployment, between which and
money there can be no more proportion, then between contemplation and a
cartrope; they are not things of the same nature; and he that comes into
the field with an Elephant, cannot be supposed to intend to hunt a hare: nei<g ref="char:EOLhyphen"/>ther
can he be supposed to intend principally the ministery of souls, who
comes to that office instructed onely with a bag of money.</p>
                     <p>3. He may be supposed principally to intend the Ministery of souls,<note place="margin">18.</note> and
in it the glory of God, who so attends to the execution of his office, that it
doe really and sufficiently minister to the thing. For since the Calling is by
God really designed to that end, and if the Ministers be not wanting to them<g ref="char:EOLhyphen"/>selves,
they are sufficiently enabled and assisted to that purpose; he that zea<g ref="char:EOLhyphen"/>lously
and wisely ministers in the office, hath given a most real testimony of
his fair intention, because he does that thing <hi>so</hi> as those intentions onely can be
effected. The thing it self is sufficient for the end if God blesses it; he there<g ref="char:EOLhyphen"/>fore
that does the thing, does actuate the intention of God, and sanctifies his
own: But this is to be understood with the addition of the following caution.</p>
                     <p>4.<note place="margin">19.</note> He may be confident that his intentions for Gods glory and the good
of souls are right and principal, who so conjoyns his other lesser ends with
the conduct of the greater, that they shall always be made to give place to the
greater. That is, who still pursues the interest of souls, and the work of his
Ministery, when the hopes of maintenance, or honour, or secular regards doe
<pb n="68" facs="tcp:58903:62"/>
fail. For he that for carnal or secular regards will either quit or neglect his
Ministery, it is certain, his carnal or secular ends were his chief motive and in<g ref="char:EOLhyphen"/>centive
in the work. It was the case of <hi>Demas</hi> who was S. <hi>Pauls</hi> Minister and
work-fellow in the service of the Gospel,<note place="margin">
                           <gap reason="illegible" resp="#TECH" extent="1 span">
                              <desc>〈…〉</desc>
                           </gap>
                        </note> but he left him, because <hi>he loved the
present world;</hi> concerning which, it is to be considered, that this lapse and re<g ref="char:EOLhyphen"/>cession
of <hi>Demas</hi> from the assistances of S. <hi>Paul,</hi> did not proceed from that love
of the wo<gap reason="illegible" resp="#TECH" extent="1 letter">
                           <desc>•</desc>
                        </gap>ld which S. <hi>John</hi> speaks of,<note place="margin">
                           <gap reason="illegible" resp="#TECH" extent="1 span">
                              <desc>〈…〉</desc>
                           </gap>
                        </note> and is criminal, and forbidden to all
Christians, which <hi>whosoever hath, the love of the Father dwels not in him,</hi> but is
to be understood of such a love, which to other Christians is not unlawful,
but was in those times especially) inconsistent with the duty of Evangelists,
in those great necessities of the Church: <hi>Demas</hi> was a good man, but weak in
his spirit, and too secular in his relations, but he returned to his station, and did
the work of an Evangelist, a while after, as appears in the Epistle to the <hi>Co<g ref="char:EOLhyphen"/>lossians</hi>
and <hi>Philemon;</hi> but for the present he was too blame. For he would
secure his relations and his interests with too great a caution and diligence, and
leave the other, to attend this. Such as now adays is too great case of our
estates, secular negotiations, merchandizes, civil imployments, not ministring
directly unto Religion, and the advantages of its ministration. For our great
King the Lord Jesus, hath given to all Christians some imployment, but to
some more, to some less, and in their own proportion they must give a return:
and in a Minister of the Gospel, every inordination of carefulness, and every
excess of attendance to secular affairs, and every unnecessary avocation from,
o<gap reason="illegible" resp="#TECH" extent="1 letter">
                           <desc>•</desc>
                        </gap> neglect of his great work is criminal, and many things are excesses in them,
which are not in others, because the Ministerial office requires more attendance
and conversation with spiritual things, then that of others.</p>
                     <p>5. If ever the Minister of holy things,<note place="margin">20.</note> for hope or fear, for gain or inte<g ref="char:EOLhyphen"/>rest
descit his station, when he is persecuted, or when he is not persecuted, it
is too much to be presumed, that he did not begin for God, who for man will
quit Gods service. They that wander till they finde a rich seat, doe all that
they doe for the riches of the place, not for the employment: <hi>Si non ubi sed<gap reason="illegible" resp="#TECH" extent="1 letter">
                              <desc>•</desc>
                           </gap>as
locus est, est ubi ambules,</hi> said he in the Comedy; the calling of these men is
not fixed but ambulatory: and if that which fixes them be temporal advan<g ref="char:EOLhyphen"/>tages,
then that which moved them principally is not spiritual employment.</p>
                     <p>For it is considerable,<note place="margin">21.</note> that if it be unlawful to undertake the holy Calling,
without a Divine vocation to it, then to forsake it without a Divine permission
must be criminal. He that calls to come, calls to continue, where the need is
lasting, and the office perpetual. But to leave the Calling when the revenue is
gone, to quit the Altar when it hath no offering, to let the souls wander, when
they bring no gifts, is to despise the Religion, and to love onely the fat of the
sacrifices: For the Altar indeed does sanctify the gift, but not the gift the Al<g ref="char:EOLhyphen"/>tar;
and he hath but a light opinion of an eternal Crown of glory, or thinks
God but an ill paymaster, that will not doe him service upon the stock of his
promises, and will not feed the flock, though he have no other reward but to
be feasted in the eternal Supper of the Lamb: Who are hirelings, but they
who fly when the Wolf comes? and woe be to that Evangelist who upon any
secular regard neglects to preach the Gospel; woe be to him, to whom it
shall be said at the day of Judgement, <hi>I was hungry, and my flock was hun<g ref="char:EOLhyphen"/>gry,</hi>
and <hi>ye fed neither it nor me.</hi>
                     </p>
                     <p>But this is to be understood with these liberties:</p>
                     <p>1. That it be no prejudice to those Ecclesiasticks,<note place="margin">22.</note> who in time of Persecu<g ref="char:EOLhyphen"/>tion,
<pb n="69" facs="tcp:58903:62"/>
doe so attend to their Ministeries, that no material part of it be omitted,
or slightly performed, and yet take from it such portions of time as are neces<g ref="char:EOLhyphen"/>sary
for their labour, or support by any just and honest imployment. Thus
S. <hi>Paul</hi> wrought in the Trade of a Tent-maker, because he would not be a
burthen to the Church of <hi>Corinth;</hi> and when the Church is stripp'd naked
of her robes, and the bread of proposition are stollen from her table by Soul<g ref="char:EOLhyphen"/>diers,
there is no peradventure but the Ecclesiastical offices are so to be at<g ref="char:EOLhyphen"/>tended
to, that the natural duty and necessity be not neglected.</p>
                     <p>2. That it be no prejudice to Ecclesiasticks in the days of peace or war,<note place="margin">23.</note>
to change their station from Bishoprick to Bishoprick, from Church to
Church, where God, or the Church, where Charity or Necessity, where
Prudence or Obedience calls. Indeed it hath been fiercely taught, that Ec<g ref="char:EOLhyphen"/>clesiasticks
ought never, and upon no pretence to desert their Church, and
goe to another any more then a man may forsake his wife; and for this a De<g ref="char:EOLhyphen"/>cretal
of <hi>P. Euaristus</hi> is pretended, and is recorded in the Canon Law. <hi>c. Sicut
vir. Can.</hi> 7. <hi>q.</hi> 1. <hi>Sicut vir non debet adulterare uxorem suam, it a nec Episcopus
Ecclesiam suam, ut illam dimittat ad quam fuit sacratus:</hi> and therefore when <hi>Eu<g ref="char:EOLhyphen"/>sebius</hi>
the Bishop of <hi>Caesarea</hi> was called to be Bishop of <hi>Antioch,</hi> he refused
it pertinaciously, and for it was highly commended by the Emperour; and
S. <hi>Hierome</hi> in his Epistle to <hi>Oceanus</hi> tels, <hi>In Nicaenâ Synodo à Patribus decretum
est, nè de alia in aliam Ecclesiam Episcopus transferatur, n<gap reason="illegible" resp="#TECH" extent="1 letter">
                              <desc>•</desc>
                           </gap> virginalis pauperculae
societate contemptâ ditioris adulterae quaerat amplexus.</hi> Something indeed like it
was decreed by the fifteenth and sixteenth Canons of the Nicene Councel;
and it was an usual punishment amongst the holy Primitives, <hi>Careat Cathedrâ
propriâ qui ambit alienam.</hi> But these things though they be true and right, yet
are not a contradictory to the present case. For,</p>
                     <p>1.<note place="margin">24.</note> 
                        <hi>Euaristus</hi> (it is clear) forbad translations and removes from Church to
Church, <hi>ambitus causâ,</hi> for ambition or covetousness, and therefore it is by
him expresly permitted in their proper cases and limits; that is, [<hi>in inevita<g ref="char:EOLhyphen"/>bili
necessitate, aut Apostolicâ, vel regulari mutatione</hi>] when there is inevitable
necessity, or the command and authority of a superiour power: and yet upon
perusal of the Decree I finde, that <hi>Euaristus</hi> his intent was, that a Bishop
should not thrust his Church from him by way of divorce, and excommunica<g ref="char:EOLhyphen"/>tion,
and take another, as appears not onely by the corresponding part of the
Decree, <hi>viz. That neither must the Church take in another Bishop or Husband upon
him to whom already she is espoused;</hi> but by the expression used in the beginning
of it, <hi>dimittere Ecclesiam Episcopus non debet;</hi> and it is compared to the adultery
of a man that puts away his wife, and marries another; and also it appears
more yet by the gloss, which seems to render the same sense of it, and wholly
discourses of the unlawfulness to excommunicate a Church or a City, lest the
innocent should suffer with the criminal: for when a Church is excommuni<g ref="char:EOLhyphen"/>cated,
though all those persons die upon whom the sentence fell, yet the
Church is the same under other persons their successors, and therefore all the
way it does injustice, by involving the new arising innocents, and at last is
wholly unjust by including all and onely innocent persons. But which way
soever this Decree be understood, it comes not home to a prohibition of our
case.</p>
                     <p>2. As for <hi>Eusebius,</hi>
                        <note place="margin">25.</note> it is a clear case he imposed upon the good Emperour,
who knew not the secret cause of <hi>Eusebius</hi> his denial to remove from <hi>Caesarea</hi>
to <hi>Antioch.</hi> For he having engaged the Emperour before time to write in his
<pb n="70" facs="tcp:58903:63"/>
behalf, that he might be permitted to enjoy that Bishoprick, was not willing
to seem guilty of levity and easiness of change. But that was not all, he was
a secret favourer of the <hi>Arrians,</hi> and therefore was unwilling to goe to that
Church where his predecessor <hi>Eustathius</hi> had been famous for opposing that
pest.</p>
                     <p>3. To that of S. <hi>Jerome</hi> out of the Nicene Council, I answer, That the
prohibition is onely of such, as <hi>without authority, upon their own head, for their
own evil purposes,</hi> and <hi>with injury to their own Churches</hi> did it: and of covetous<g ref="char:EOLhyphen"/>ness
it is, that S. <hi>Jerome</hi> notes and reproves the practice: To despise our
charge because it is poor, is to love the money more then the souls, and there<g ref="char:EOLhyphen"/>fore
this is not to be done by any one of his own choice; but if it be done by
the command or election of our Superiour, it is to be presumed it is for the ad<g ref="char:EOLhyphen"/>vantage
of the Church in matter of direct reason, or collateral assistance, and
therefore hath in it no cause of reproof.</p>
                     <p>And to this purpose the whole affair is very excellently stated by the
14.<note place="margin">26.</note> Canon of the Apostles; <hi>A Bishop must not leave his own Parish or Diocess,
and invade that of another man, nisi forte quis cum rationabili causa compellatur,
tanquam qui possit, ibidem constitutus plus lucri conferre, &amp; in causa religionis ali<g ref="char:EOLhyphen"/>quid
profectûs prospicere.</hi> If there be a reasonable cause he may; and the cause
is reasonable, if by going he may doe more good, or advantage to Religion:
but of this he is not to be Judge himself, but must be judged by his Superiours;
<hi>&amp; hoc non à semetipso pertentet, sed multorum Episcoporum judicio, &amp; maxima sup<g ref="char:EOLhyphen"/>plicatione
perficiat;</hi> he must not doe it on his own head, but by the sentence and
desire of the Bishops.</p>
                     <p>There needs no more to be added to this,<note place="margin">27.</note> but that if a greater revenue
be annexed to another charge, and that it be <hi>in rem Ecclesiae,</hi> that the more
worthy person should be advanced thither, to enable his better ministeries
by those secular assistances which our infirmity needs, there is nothing to be
said against it, but that if he be the man he is taken for, he knows how to use
those advantages to Gods glory, and the good of souls, and the services of
the Church; and if he does so, his intentions are to be presumed pure and
holy, because the good of souls is the principal.</p>
                     <p>Upon the supposition of these causes,<note place="margin">28.</note> we finde that the practice of the
ancient Bishops and Clerks in their translations was approved. <hi>Origen</hi> did first
serve God in the Church of <hi>Alexandria,</hi> afterwards he went to <hi>Caesarea,</hi> to
<hi>Antioch,</hi> to <hi>Tyre,</hi> and S. <hi>Gregory Nazianzen</hi> changed his Episcopal See eight
times. Nay the Apostles themselves did so: S. <hi>Peter</hi> was first Bishop of <hi>An<g ref="char:EOLhyphen"/>tioch,</hi>
afterwards of <hi>Rome:</hi> and the necessity and utility of the Churches cal<g ref="char:EOLhyphen"/>led
S. <hi>Paul</hi> to an ambulatory Government and Episcopacy, though at last he
also was fixed at <hi>Rome,</hi> and he removed <hi>Timothy</hi> and <hi>Titus</hi> from Church to
Church as the need and uses of the Church required. But in this, our call
must be from God, or from our Superiours, not from levity or pride, cove<g ref="char:EOLhyphen"/>tousness,
or negligence. Concerning which, who please further to be satis<g ref="char:EOLhyphen"/>fied,
may read S. <hi>Athanasius</hi> his Epistle to <hi>Dracontius,</hi> of old; and of late, <hi>Chy<g ref="char:EOLhyphen"/>traeus
in Epistolis p</hi> 150. <hi>&amp;</hi> 678. and <hi>Conradus Porta</hi> in his <hi>Formalia.</hi> This
onely; If every man were indispensably tied to abide where he is first called
to minister, then it were not lawful for an inferiour Minister to desire the
good work of a Bishop; which because it is not to be administred in the same
place or charge, according to the universal discipline of the Church for very
<pb n="71" facs="tcp:58903:63"/>
many ages, must suppose that there can be a reasonable cause to change our
charges, because the Apostle commends that desire which supposes that
change.</p>
                     <p>These being the limits and measures of the Rule,<note place="margin">29.</note> it would be very good
if we were able to discern concerning the secrets of our intentions, and
the causes of actions. It is true, that because men confound their actions
and deliberations, it will be impossible to tell in many cases what motive is
the principal ingredient.<note place="margin">Plin. li. <gap reason="illegible" resp="#TECH" extent="1 letter">
                              <desc>•</desc>
                           </gap>. ep. 2.</note> 
                        <hi>Sed ut tunc communibus magis commodis quam privatae
jactantiae studebamus, quum intentionem, effectúmque muneris nostri vellemus in<g ref="char:EOLhyphen"/>telligi;
ita nunc in ratione edendi, veremur nè fortè non aliorum utilitatibus, sed
propriae laudi servisse videamur.</hi> It is hard for a wise and a gallant man, who
does publick actions of greatest worthiness deserving honour, to tell certainly
whether he is more pleased in the honours that men doe him, or in the know<g ref="char:EOLhyphen"/>ledge
that he hath done them benefits. But yet in very many cases, we may
at least guess probably which is the prevailing ingredient,<note place="margin">Vide <hi>Rule of Holy Living Chap.</hi> 1. §. 2.</note> by these following
measures; besides those which I have noted and applied to the special case of
undertaking the calling Ecclesiastical.</p>
                     <p>
                        <hi>Signes of difference, whereby we may in a mixt and complicated inten<g ref="char:EOLhyphen"/>tion,
discern which is the principal ingredient.</hi>
                     </p>
                     <p>1. Whatsoever came in after the determination was made,<note place="margin">30.</note> though it
adde much the greater confidence, and makes the resolution sharper and more
active, yet it is not to be reckoned as the prevailing ingredient; for though it
adde degrees, yet the whose determination was perfected before. The widow
<hi>Fulvia</hi> was oppressed by <hi>Attillius;</hi> she complains to <hi>Secundus</hi> the Lawyer. He
considers whether he should be Advocate for his friend <hi>Attilius,</hi> or for the op<g ref="char:EOLhyphen"/>pressed
<hi>Fulvia;</hi> and at last determines on the side of piety and charity, and
resolves to releeve the Widow, but with some abatement of his spirit and
confidence, because it is against his friend: but Charity prevails. As he
goes to Court he meets with <hi>Caninius,</hi> who gloriously commends the advoca<g ref="char:EOLhyphen"/>tion,
and by superadding that spurre made his diffidence and imperfect resolu<g ref="char:EOLhyphen"/>tion,
confident and clear. In this case the whole action is to be attributed to
<hi>Piety,</hi> not to the love of <hi>Fame;</hi> for <hi>this</hi> onely added some moments, but <hi>that</hi>
made the determination.</p>
                     <p>2. When the determination is almost made,<note place="margin">31.</note> and wants some weight to
finish it, whatsoever then supervenes and casts the scales, is not to be accoun<g ref="char:EOLhyphen"/>ted
the prevailing ingredient, but that which made most in the suspension and
time of deliberation, and brought it forward. It is like buying and selling:
not the last <hi>Maravidis</hi> that was stood upon was the greatest argument of par<g ref="char:EOLhyphen"/>ting
with the goods; but that farthing added to the bigger summe, made it
bigge enough: and a childs finger may thrust a load forward, which being
haled by mighty men stands still for want of a little assistance.</p>
                     <p>3.<note place="margin">32.</note> That is the prevailing ingredient in the determination which is most
valued, not which most pleases; that which is rationally preferred, not that
which delights the senses. If the man had rather lose the sensual then, the in<g ref="char:EOLhyphen"/>tellectual
good, though in that his fancy is more delighted, yet this is the
stronger, and greater in the Divine acceptance, though possibly in nature it be
less active, because less pleasing to those faculties, which whether we will or
no, will be very much concerned in all the entercourses of this life. * He that
<pb n="72" facs="tcp:58903:64"/>
keeps a festival in gratitude and spiritual joy to doe God glory, and to give
him thanks, and in the preparation to the action is hugely pleas'd by conside<g ref="char:EOLhyphen"/>ring
the musick, the company, the festivity and innocent refreshments, and in
his fancy, leaps at <hi>this</hi> but his resolution walks on by <hi>that,</hi> hath not spoil'd the
regularity of his Conscience by the intertexture of the sensual with the spiri<g ref="char:EOLhyphen"/>tual,
so long as it remains innocent. For though this flames brightest, yet the
other burns hottest, and will last longer then the other. But of this there is
no other sign, but that <hi>first</hi> we be infinitely careful to prescribe measures and
limits to the secular joy, that it may be perfectly <hi>subordinate to,</hi> and <hi>complying
with</hi> the spiritual and religious: and secondly, if we are willing to suppress
the light flame, rather then extinguish the solid fire.</p>
                     <p>4.<note place="margin">33.</note> Then the holy and pious ingredient is overpowred by the mixture of
the secular, when an instrument toward the end is chosen more proportionable
to <hi>this,</hi> then to <hi>that. Caecilius</hi> to doe a real not a phantastick benefit to his Te<g ref="char:EOLhyphen"/>nants,
erected a Library in his <hi>Villa,</hi> and promised a yearly revenue for their
childrens education, and nobler institution: And thus farre judgement ought
to be made, that he intended piety rather then fame; for to his fame, Plays and
Spectacles would (as the <hi>Roman</hi> humour then was) have served better: but
when in the acting his resolution he prais'd that his pious purpose, and told
them he did it for a pious, not a vainglorious end, however the intention
might be right, this publication was not right: But, when he appointed that
anniversary orations should be made in the praise of his pious foundation, he a
little too openly discovered what was the bigger wheel in that motion. For he
that serves a secret piety by a publick Panegyrick, disorders the piety by dis<g ref="char:EOLhyphen"/>mantling
the secret: it may still be piety, but it will be lessen'd by the publi<g ref="char:EOLhyphen"/>cation;
though this publication be no otherwise criminal, then because it is
vain.<note place="margin">Plin. li. 1. ep. 8.</note> 
                        <hi>Meminimus quanto majore animo honestatis fructus in conscientia quàm in
fama reponatur. Sequi enim gloria non appeti debet: nec si casu aliquo non sequa<g ref="char:EOLhyphen"/>tur,
idcirco quod gloriam meruit minus pulchrum est: Hi verò qui benefacta suae
verbis adornant, non ideò praedicare quia fecerint, sed ut praedicarent, fecisse credun<g ref="char:EOLhyphen"/>tur;</hi>
which is the very thing which I affirm in this particular. If the interme<g ref="char:EOLhyphen"/>diate
or consequent actions serve the collateral or secular end, most visibly it is
to be supposed, that this was the greater motive, and had too great an influ<g ref="char:EOLhyphen"/>ence
into the deliberation.</p>
                     <p>But because the heart of man is so intricate,<note place="margin">34.</note> trifling, and various, in most
cases it must be sufficient for us to know, that if the mixture be innocent, the
whole deliberation is secur'd in the kinde of it, and for degrees we must doe as
well as we can.</p>
                     <p>But on the other side,<note place="margin">35.</note> if the secular end mixt with the spiritual, and reli<g ref="char:EOLhyphen"/>gious,
the just and the honest, be unlawful, and yet intended, though in a less
degree, though but accidentally and by an after consent; the conscience is nei<g ref="char:EOLhyphen"/>ther
sure nor right, but is dishonour'd and defil'd: for the whole deliberation is
made criminal by mingling with forbidden purposes. He that takes up arms
under his Prince in a just warre, and at the same time intends revenge against
his private enemy, casually engag'd on the adverse party, loses the reward of
his obedience, and changes it for the devillish pleasures of revenge.</p>
                     <p>Concerning the measure and conduct of our intentions, there are some other
things to be said, but because they are extrinsecal to the chief purpose of
this Rule, they are properly to be considered under their own head.</p>
                  </div>
                  <div n="6" type="rule">
                     <pb n="73" facs="tcp:58903:64"/>
                     <head>RULE 6. An argument not sufficient nor competent, though
it doe perswade us to a thing in it self good, is
not the ground of a right, nor a sufficient war<g ref="char:EOLhyphen"/>rant
for a sure Conscience.</head>
                     <p>HE that goes to publick Prayers because it is the custome,<note place="margin">1.</note> or communicates
at <hi>Easter</hi> to avoid a censure, hath done an act in it self good, but his mo<g ref="char:EOLhyphen"/>tive
was neither competent, nor sufficient to make the action religious, or to
manifest and declare the Conscience to be sure and right. For Conscience is
the repository of practical reasons: and as in civil actions, we count him a fool
who wears clothes onely because they cost him nothing, or walks because he
would see his shadow move upon the wall: so it is in moral. When the rea<g ref="char:EOLhyphen"/>son
in incompetent, the action is by chance, neither prudent, nor chosen, alte<g ref="char:EOLhyphen"/>rable
by a trifle, tending to a cheap end, proceeding by a regardless motion:
and Conscience might as well be seated in the fancy, or in the foot, as in the
understanding, if its nature and proper design were not to be conducted with
reasons proportionable to such actions which tend to an end perfective of
man, and productive of felicity.</p>
                     <p>This Rule is so to be understood,<note place="margin">2.</note> that it be not requir'd of all men to
have reasons equally good for the same determinations, but sufficient and rea<g ref="char:EOLhyphen"/>sonable
in themselves, and apt to lead them in their proper capacities and
dispositions, that is, reasons proportionable to that kinde of things in which
the determination is instanc'd, <hi>viz.</hi> a religious reason for an action of Reli<g ref="char:EOLhyphen"/>gion;
a prudent reason for a civil action: but if it be <hi>in its proper kinde,</hi> it is
sufficient if it be probable, provided always, that it makes a sure minde,
and a full perswasion.</p>
                     <p>He that beleeves Christian Religion,<note place="margin">3.</note> because the men are charitable and
chast, and so taught to be, and commanded by the Religion, is brought into a
good place by a single taper; but he came in by no false light, and he is there
where he ought to be. He did not see the way in so brightly as S. <hi>Paul</hi> did,
who was conducted in by an Angel from heaven, with a bright flame in his
hand; but he made shift to see his way in: and because the light that guided
him came from heaven, his conscience was rightly instructed, and if it per<g ref="char:EOLhyphen"/>swaded
him heartily, <hi>his conscience</hi> is as <hi>sure</hi> as it is <hi>right.</hi>
                     </p>
                     <p>
                        <hi>Quest.</hi>
                     </p>
                     <p>Upon the account and consequence of this Rule it is proper to inquire,<note place="margin">4.</note>
Whether it be lawful, and ingenuous to goe about to perswade a man to
the beleef of a true proposition, by arguments with which himself is not per<g ref="char:EOLhyphen"/>swaded,
and which he beleeves are not sufficient? The case is this:</p>
                     <p>
                        <hi>Girolami</hi> a learned Priest of <hi>Ferrara,</hi>
                        <note place="margin">5.</note> finds that many of his Parishioners
are infected with Judaism, by reason of their conversation with the Jewish
Merchants. He studies the Jewish Books to discover the weakness of their
arguments, and to convince them upon their own grounds. But finding his
Parishioners mov'd onely by popular arguments, and not capable of understan<g ref="char:EOLhyphen"/>ding
<pb n="74" facs="tcp:58903:65"/>
the secrets of the old Prophets, the Synchronisms, nor the computation
of <hi>Daniels</hi> weeks, the infinite heaps of reasons by which Christianity stands
firm in defiance of all pretensions to the contrary; sees it necessary to per<g ref="char:EOLhyphen"/>swade
them by things as easy as those are by which they were abus'd. But
then he considers; If they were by error led into error, it is not fit that by
error also they should be led out of it into truth: for God needs not to be ser<g ref="char:EOLhyphen"/>ved
with a lie, and evil must not be done that good may be thence procured.
But if I goe by a false argument to cozen them into truth, I tell a lie to reco<g ref="char:EOLhyphen"/>ver
them from a lie, and it is a disparagement to the cause of God, that it
must be supported by the Devil. But having discours'd thus farre, he consi<g ref="char:EOLhyphen"/>ders
further; Every argument which I am able to answer, I know cannot
conclude in the question; for if it be to be answered, it is at most but a speci<g ref="char:EOLhyphen"/>ous
outside of reason; and he that knows this, or beleeves it so, either must
not use that instrument of perswasion, or if he does, he must resolve to abuse
the mans understanding before he can set it right: and this he beleeves to be
against the honour of truth, and the rules of charity, and the simplicity and
ingenuity of the spirit of a Christian.</p>
                     <p>
                        <hi>To this Question I answer by several Propositions.</hi>
                     </p>
                     <p>1. It is not lawful to tell a lie for God and for truth;<note place="margin">6.</note> because God will
not be served by that which he hates, and there are no defects in truth which
need such violent remedies. Therefore <hi>Girolami</hi> might not to perswade his Ju<g ref="char:EOLhyphen"/>daizing
Parishoners tell them a tale of a Vision, or pretend a Tradition which
is not, or falsify a Record, because these are direct arts of the Devil, this is a
doing evil for a good end: and every single lie is equally hated by God, and
where there is a difference, it is made by complication, or the mixing of some<g ref="char:EOLhyphen"/>thing
else with the lie: and because God hath created and communicated to
mankinde, not onely sufficient but a bundant justifications of whatsoever he
hath commanded us to beleeve, therefore he hates infinitely to have his glo<g ref="char:EOLhyphen"/>rious
Oeconomy of faith and truth to be disordered and discomposed by the
productions of hell. For every lie is of the Devil.</p>
                     <p>2. It is lawful to use an argument <hi>cui potest subesse falsum,</hi>
                        <note place="margin">7.</note> such which I
know is not certain, but yet I actually beleeve it to be true. That is though
the argument be not demonstrative but probable onely, yet I may safely use
it, if I beleeve my self to be on the right side of the probability. For <hi>a real
truth,</hi> and <hi>a supposed truth</hi> are all one as to the innocence of my purposes. And
he that knows how little certainty there is in humane discourses, and how <hi>we
know in part, and prophesie in part,</hi> and that of every thing whereof we know
a little, we are ignorant in much more, must either be content with such pro<g ref="char:EOLhyphen"/>portions
as the things will bear, or as himself can get, or else he must never
seek to alter or to perswade any man to be of his opinion. For the greatest part
of discourses that are in the whole world, is nothing but a heap of probable
inducements, plausibilities, and witty entertainments: and the throng of no<g ref="char:EOLhyphen"/>tices
is not unlike the accidents of a battel, in which every man tels a new tale,
something that he saw, mingled with a great many things which he saw not,
his eyes and his fear joyning together equally in the instruction and the illu<g ref="char:EOLhyphen"/>sion,
these make up the stories. And in the observation of things, there is infi<g ref="char:EOLhyphen"/>nitely
more variety then in faces, and in the contingencies of the world.
Let ten thousand men read the same Books, and they shall all make several
uses, draw several notes, and understand them to several effects and purposes.
<pb n="75" facs="tcp:58903:65"/>
Knowledge is infinite, and out of this infinity every one snatches some things
real, and some images of things; and there are so many cognoscitive faculties
above and below, and powers ministring to knowledge, and all these have
so many ways of being abused, or hindred, and of being imperfect; and the
degrees of imperfection, positive, and privative, and negative, are also themselves
absolutely so infinite, that to arrive at probabilities in most thinges is no small
progression. But we must be content to make use of that, both for our selves
and others.</p>
                     <p>Upon this account we may quote Scriptures to those senses which they
can well serve in a question,<note place="margin">8.</note> and in which they are us'd by learned men, though
we suppose the principal intention be of a different thing, so it be nor contrary.
For all learned men know that in Scripture many sayings are full of potential
significations, besides what are on the face of the words, or in the heart of the
design: and therefore although we may not alledge Scriptures in <hi>a sense con<g ref="char:EOLhyphen"/>trary</hi>
to what we beleeve it meant; yet to any thing <hi>besides</hi> its first meaning,
we may, if the analogy will bear it; and if by learned men it be so used, that
is in effect, because for ought we know it may be so indeed.</p>
                     <p>3. If a man <hi>suppose</hi> his arguments sufficient and competent to perswade,<note place="margin">9.</note>
though they <hi>be</hi> neither fitting to perswade, nor at all sufficient, he may yet
lawfully use them. For in this case though himself be deceived, yet because
it is upon the strength of those arguments he relies, he can be tied to use no
better then he hath: And since his conscience is heartily perswaded, though it
be in error, yet that which follows that perswasion is innocent (if it be not
mingled with design) though it may be that which went before was not so.</p>
                     <p>4. In the perswasion of a truth,<note place="margin">10.</note> it is lawful to use such arguments whose
strength is wholly made prevailing by the weakness of him that is to be per<g ref="char:EOLhyphen"/>swaded.
Such as are arguments <hi>ad hominem,</hi> that is, proportionable to the do<g ref="char:EOLhyphen"/>ctrines,
customes, usages, beleef, and credulity of the man. The reasons are
these:</p>
                     <p>1. Because ignorant persons are not capable of such arguments as may de<g ref="char:EOLhyphen"/>monstrate
the question; and he that goes about to draw a child to him, may
pull him by the long sleeve of his coat, and need not to hire a yoke of Oxen.</p>
                     <p>2. That which will demonstrate a truth to one person, possibly will never
move another. Because our reason does not consist in a Mathematical point:
and the heart of reason, that vital and most sensible part, in which onely it can
be conquered fairly, is an ambulatory essence, and not fixed; it wanders up
and down like a floating Iland, or like that which we call the life bloud; and
it is not often very easy to hit that white by which onely our reason is brought
to perfect assent: and this needs no other proof but our daily experience, and
common notices of things. That which at one time is not regarded, at ano<g ref="char:EOLhyphen"/>ther
time is a prevailing motive; and I have observed that a discourse at one
time hath been lightly regarded, or been onely pleasing to the ear, which a year
or two after hath made great impressions of piety upon the spirit of the hearers.
And therefore, that I can answer the argument, it is not enough to make me
think it necessary to lay it aside or to despise it; there may be something in him
that hears me, that can make the argument to become perfect and effectual; and
the want of that it may be in me, makes me apt to slight it. And besides that
some pretended answers are illusions rather then solutions it may be, that be<g ref="char:EOLhyphen"/>yond
my answer, a wiser man may make a reply, and confirm the argument so
as I know not: and therefore if it be truth you perswade, it were altogether as
<pb n="76" facs="tcp:58903:66"/>
good, and I am sure much more easy to let the man you perswade, enter at the
first and broadest gate of the true proposition, then after having pass'd tho<g ref="char:EOLhyphen"/>rough
a great many turnings and labyrinths, at last come but to the same
place where he might first have entred. There are some witty men that can
answer any thing; but suppose they could not, yet it would be impossible
that men should be tied in all cases to speak nothing but demonstrations.</p>
                     <p>3. Some men are to be wrought upon not by direct argument, but by
artifices and back blows; they are easy enough to beleeve the truth, if they
could; and therefore you must, to perswade them, remove their prejudices and
prepossessions; and to this purpose, it will not be necessary to bring those
things which are proper to the question, but things accidental and extrinsecal.
They who were prejudic'd at our blessed Saviour because he was of <hi>Galilee,</hi>
needed no other argument to make them to beleeve in him, but to confute that
foolish Proverb, <hi>Out of Galilee comes no good:</hi> and yet he that from thence
thinks the question of his being the Messias sufficiently concluded, is very farre
from understanding the effect and powers of argument.</p>
                     <p>4. The hindrances of beleef are seated in several faculties, in our fancy,
in our will, in our appetite: now in these cases there is no way to perswade,
but by arguing so as to prevail with that faculty. If any man should say that
our blessed Saviour is not yet come in the flesh, upon a foolish fancy that he
beleeves not, that God would honour such a wicked nation with so great a
glory, as that the Saviour of the world should be born of them; he needs no
argument to perswade him to be a Christian, but by having it prov'd to him,
that it was not onely likely, but really so, and necessary it should be so, not
onely for the verification of the Prophecies of him, but for divers congru<g ref="char:EOLhyphen"/>ities
in the nature and circumstances of things. Here the argument is to con<g ref="char:EOLhyphen"/>fute
the fancy onely, not the reason.</p>
                     <p>5. Sometimes the judgement is right, but the affections are perverse; and
then, not demonstrations, but popular arguments are not onely lawful, but
useful, and sufficient. For reasons of abstracted speculation move not the
lower man. Make the people in love with your proposition, and cause them to
hate the contrary, and you have done all that they are capable of. When some
Divines in <hi>Germany</hi> were forced for their own defence to gain the people to
their party, they disputed against the absolute decree of reprobation, by telling
them that their Adversaries doctrine did teach that God did drag the pretty
children from their Mothers breasts, and throw many of them into the eternal
portion of Devils: This mov'd the women, who follow reason as far as they
can be made in love with it, and their understanding is oftentimes more then
in their heart then in their head. And there are thousands of people, men and
women, who <hi>beleeve</hi> upon no other account then this, neither can they be
taught otherwise. When S. <hi>Paul</hi> would perswade the Jews to reason, and from
laying violent hands upon him; he was not to attempt it by offering unde<g ref="char:EOLhyphen"/>niably
to prove that he did well by going to the Gentiles, since God had re<g ref="char:EOLhyphen"/>jected
the Jews, excepting a remnant onely: but he perswaded them by tel<g ref="char:EOLhyphen"/>ling
them he did nothing against the Law of <hi>Moses</hi> and the Temple.</p>
                     <p>6. There are some fondnesses, and strange adherencies to trifles in most
people, humors of the Nation, love of the advantage of their families, relations
to sects, or dignities, natural sympathies and antipathies, in a correspondency
to which, all those arguments which are dress'd, are like to prevail, and cannot
otherwise doe it. For when a mans understanding is mingled with interest, his
arguments must have something of <hi>this,</hi> or else they will never stirre <hi>that:</hi> and
therefore all our arguments cannot be freed from such allays.</p>
                     <p>
                        <pb n="77" facs="tcp:58903:66"/>
7. In all the discourses of men, not onely Orators, but Philosophers, and
even in their severest discourses, all the good and all the wise men of the world
heap together many arguments, who yet cannot suppose them all certain; but
yet they therefore innocently use them, because as there are several capacities
of men to be dealt withal; so there are several notices of things; and that
may be highly concluding, which it may be is not well represented, and
therefore not fancied or observed by him that uses it; and to another it be<g ref="char:EOLhyphen"/>comes
effective because he does.</p>
                     <p>8. The holy Spirit of God himself in his entercourses with men is pleas'd
to descend to our capacities, and to use arguments taken from our own prin<g ref="char:EOLhyphen"/>ciples,
and which prevail more by silencing us, rather then demonstrating the
thing. Thus S. <hi>Paul</hi> in his arguments for the Resurrection uses this; <hi>If Christ
be not risen,</hi>
                        <note place="margin">1 Cor. 15. 14.</note> 
                        <hi>then is our preaching vain, and your faith is also vain.</hi> There are
some, even too many now adays, and many more then, who would have granted
both the antecedent and the consequent; but because the <hi>Corinthians</hi> disa<g ref="char:EOLhyphen"/>vowed
the consequent, they were forced to admit the antecedent. And at
last, thousands of persons could never be drawn from their error, if we might
not make use of arguments, weak like their capacities, and more proportion<g ref="char:EOLhyphen"/>able
to their Understanding then to the Question.</p>
                     <p>There are two Cautions to be added to make the Rule perfect:</p>
                     <p>1. That if the Disciple relying upon his Masters authority, more then his
own ability to judge, ask the Doctor, whether upon his knowledge and faith
that argument does evict the question; if the Doctor himself does not be<g ref="char:EOLhyphen"/>leeve
it, he must then put no more force upon it by his affirmation and au<g ref="char:EOLhyphen"/>thority
then he thinks it does in nature bear; but must give prudent accounts
of the whole question in compliance to the present necessity of the demander.</p>
                     <p>Of the same consideration it is, when a question being disputed between
two parties, the standers by expect the truest and most proper account of
things. In this case, all openness and ingenuity is to be used according to our
own sense of things, not according to what may comply with any mans weak<g ref="char:EOLhyphen"/>ness;
and the not doing so is want of ingenuity, and the worthiness of Chri<g ref="char:EOLhyphen"/>stian
charity, and a perfect deceiving them who expect and desire such things
as ought to be finally relied upon.</p>
                     <p>2. In all arguments which are to prevail by the weakness, or advantages
taken from the man, he that goes about to perswade, must not say any thing
that he knows to be false; but he must comply and twist about the mans
weakness, so as to be innocent all the way. Let him take him that is weak
and wrap him in swadling clothes, but not encompass him with snakes: But
yet this hath one loose and permission that may be used.</p>
                     <p>3. It is lawful for a man in perswading another to a truth,<note place="margin">11.</note> to make use
of a false proposition, which he that is to be perswaded already doth beleeve:
that is, a man may justly dispute upon the supposition, not upon the conces<g ref="char:EOLhyphen"/>sion
and granting of an error. Thus S. <hi>Paul</hi> disputed with the <hi>Corinthians,</hi>
and to induce them into a beleef of the resurrection, made use of a foolish
custome among them in use, of being baptized for the dead. For the Christian
Church hath but two Sacrments, <hi>Baptism</hi> and the <hi>Lords Supper;</hi> at the be<g ref="char:EOLhyphen"/>ginning
some of the Christians used Baptism, and in succeeding ages, they
used to celebrate the Lords Supper for the dead, and doe to this day in the
Church of <hi>Rome.</hi> Upon this fond custome of theirs, S. <hi>Paul</hi> thus argues: If
there be no resurrection, then it is to no purpose that you are baptized for the
<pb n="78" facs="tcp:58903:67"/>
dead; but that is to purpose (as you suppose) therefore there is a resurrection.
Thus prayer for the dead, and invocation of Saints, according to the prin<g ref="char:EOLhyphen"/>ciples
taught in the Primitive Church, might have been made use of against
each other. If all men are imperfect till the day of Judgement, and till then
enter not into heaven, then you cannot with confidence make prayers to them,
who for ought you know, need your help more: But if all that die well, that
is, if all that die in the Lord doe instantly enjoy the Beatifical vision, and so
are in a condition to be prayed to, then they need not to be prayed for. As
for the middle place, they in those ages knew no such thing, as men have
since dream'd of. As God in some cases makes use of a prepared wickedness,
though he infers none, much less does he make any to be necessary and unavoi<g ref="char:EOLhyphen"/>dable;
so may good men and wise make use of a prepared error, a falshood al<g ref="char:EOLhyphen"/>ready
beleev'd; but they must neither teach, nor betray any one into it.</p>
                     <p>The objections mentioned in the state of this question, are already answe<g ref="char:EOLhyphen"/>red
in the stating the propositions.</p>
                     <p>But now arises another question, and the solution will follow upon the
same grounds.</p>
                     <p>
                        <hi>Quest.</hi>
                     </p>
                     <p>WHether it be lawful for a good end for Preachers to affright men with
Panick terrors,<note place="margin">12.</note> and to create fears that have no ground; as to tell them
if they be liars, their faces will be deformed; if they be perjur'd, the devil
will haunt them in visible shapes; if they be sacrilegious, they shall have the
leprosy; or any thing whereby weak and ignorant people can be most wrought
upon?</p>
                     <p>
                        <hi>I answer briefly:</hi>
                     </p>
                     <p>1.<note place="margin">13.</note> There are terrors enough in the new Testament to affright any man
from his sins, who can be wrought upon by fear: and if all that <hi>Moses</hi> and the
Prophets say, and all that Christ and his Apostles published be not sufficient,
then nothing can be. For I am sure, nothing can be a greater, or more formi<g ref="char:EOLhyphen"/>dable
evil then hell; and no terrors can bring greater affrightment, then those
which are the proper portion of the damned. But the measures of the permis<g ref="char:EOLhyphen"/>sion
and liberty that can be used, are these:</p>
                     <p>1.<note place="margin">14.</note> A Preacher or Governour may affright those that are under them,
and deterre them from sin, by threatning them with any thing <hi>which probably
may happen.</hi> So he may denounce a curse upon the estate of sacrilegious per<g ref="char:EOLhyphen"/>sons,
robbers of Churches, oppressors of Priests, and Widows, and Orphans;
and particularly, whatsoever the Widow or Orphan in the bitterness of their
souls doe pray, may happen upon such evil persons; or what the Church in
the instruments of donation have expressed: as, to die childless; to be affli<g ref="char:EOLhyphen"/>cted
with the gout; to have an ambulatory life, the fortune of a penny, since for
that he forsakes God and his religion; a distracted minde or fancy, or any
thing of this nature. For since the curses of this life and of the other are in<g ref="char:EOLhyphen"/>definitely
threatned to all sinners,<note place="margin">Malachi 3. 8, &amp;c. Psal. 83. 13.</note> and some particularly to certain sins, as want
is to the deteiners of Tithes, a wandring fortune to Church-robbers; it is not
unreasonable, and therefore it is lawful to make use of such particulars as are
most likely to be effective upon the conscience of sinners.</p>
                     <p>2.<note place="margin">15.</note> It is lawful to affright men with the threatning of any thing that is
<hi>possible to happen in the ordinary effects of providence.</hi> For every sin is against
<pb n="79" facs="tcp:58903:67"/>
an infinite God, and his anger is sometimes the greatest, and can produce
what evil he please; and he uses to arm all his creatures against sinners, and
sometimes strikes a stroke with his own hand, and creates a prodigy of exam<g ref="char:EOLhyphen"/>ple
to perpetuate a fear upon men to all ages.</p>
                     <p>
                        <hi>But this is to be admitted with these Cautions:</hi>
                     </p>
                     <p>1. It must be done so as to be limited within those ways which need
not suppose a miracle to have them effected. Thus to threaten a sinner in
<hi>England,</hi> that if he prophanes the holy Sacrament, a Tigre shall meet him in
the Church-yard and tear him, is so improbable and unreasonable, that it is
therefore not to be done, lest the authority, and the counsel, and the threat<g ref="char:EOLhyphen"/>ning
become ridiculous: but we have warrant to threaten him with diseases,
and sharp sicknesses, and temporal death; and the warrant is deriv'd from a
precedent in Scripture,<note place="margin">1 Cor. 11. 3<gap reason="illegible" resp="#TECH" extent="1 letter">
                              <desc>•</desc>
                           </gap>.</note> Gods dealing with the <hi>Corinthian</hi> Communicants.</p>
                     <p>2. He who thus intends to disswade, must in prudence be careful that he
be not too decretory and determinate in the particular; but either wholly in<g ref="char:EOLhyphen"/>stance
in general threatnings, or with exceptive and cautious terms in the par<g ref="char:EOLhyphen"/>ticular;
as, <hi>Take heed lest such an evil happen:</hi> or, <hi>It is likely it may,</hi> and <hi>we
have no security for a minute against it;</hi> and <hi>so God hath done to others.</hi>
                     </p>
                     <p>3. Let these be onely <hi>threatnings,</hi> not <hi>prophesies,</hi> lest the whole dispen<g ref="char:EOLhyphen"/>sation
become contemptible; and therefore let all such threatnings be un<g ref="char:EOLhyphen"/>derstood
with a provision, that if such things doe not happen, the man hath
not escaped Gods anger, but is reserv'd for worse. God walketh upon the
face of the waters, and his footsteps are not seen; but however, evil is the
portion of the sinner.</p>
                     <p>3.<note place="margin">16.</note> In all those threatnings which are according to the analogy of the
Gospel, or the state of things and persons with which we have entercourse, we
may take all that liberty that can by apt instruments concurre to the work of
God; dressing them with circumstances of terror and affrightment, and re<g ref="char:EOLhyphen"/>presenting
spiritual events by metaphors, apologues and instances of nature.
Thus our blessed Lord expressing the torments of hell, signifies the greatness
of them by such things which in nature are most terrible; as <hi>brimstone and
fire, the worm of conscience, weeping and wailing, and gnashing of teeth.</hi> But this
I say must ever be kept within the limits of analogy to what is reveal'd, and
must not make excursions to extraregular and ridiculous significations. Such
as is the fancy of some Divines in the <hi>Romane</hi> Church, and particularly of
<hi>Cornelius à lapide,</hi>
                        <note place="margin">In Apocal.</note> that the souls of the damned shall be roll'd up in bundles
like a heap and involv'd circles of snakes, and in hell shall sink down like a
stone into the bottomeless pit, falling still downward for ever and ever.
This is not well; but let the expressions be according to the proportions of
what is reveal'd. The Divines in several ages have taken great liberty in this
affair, which I know no reason to reprove, if some of their tragical expres<g ref="char:EOLhyphen"/>sions
did not, or were not apt to pass into dogmatical affirmatives, and
opinions of reality in such inventions.</p>
                     <p>4. If any <hi>extraregular example</hi> hath ever happened,<note place="margin">17.</note> 
                        <hi>that</hi> may be made
use of to affright men from the same or the like sins, and so pass into a re<g ref="char:EOLhyphen"/>gular
warning. Thus, though it but once happened, that God punished rebel<g ref="char:EOLhyphen"/>lion
by causing the earth to open and swallow up the Rebels against their
Prince and Priest, <hi>Moses</hi> and <hi>Aaron,</hi> that is, it is but once recorded in holy
Scripture; yet God hath the same power now, and the same anger against
<pb n="80" facs="tcp:58903:68"/>
Rebellion; and as he can, so we are not sure that he will not oftentimes doe
the same. Whatsoever hath happ'ned and can happen, we ought to fear lest
in the like cases it should happen. And therefore this is a proper instrument
of a just fear, and apt rightly to minister to a sure and a right Conscience.</p>
                     <p>5. If any prodigy of accident and judgement hath happened,<note place="margin">18.</note> though it
be possible it may be done for the manifestation of the Divine glory, yet be<g ref="char:EOLhyphen"/>cause
it is ten thousand to one, but it is because of sin too; this may be made
use of to affright sinners, although there be no indication for what sin that
judgement happened. Thus the ruine of the Greek Monarchy finished upon
the day of Pentecost: the fearful and prodigious swallowing up the Cities
of the <hi>Colossians</hi> and <hi>Laodiceans;</hi> the burning Towns and Villages by eruption
of fire from mountains; the sudden cataracts of water breaking from the
<hi>Indian</hi> hills; the sudden deaths and madness of many people; the horrible
ruine and desolation of families and kingdomes, may be indifferently used and
propounded to all sorts of persons, where there is need of such violent cour<g ref="char:EOLhyphen"/>ses:
and provided that they be charitably and prudently applied, may effect
fear and caution in some sinners, who otherwise would be too ready for gai<g ref="char:EOLhyphen"/>eties
and unsafe liberties.</p>
                     <p>6. To children and fools,<note place="margin">19.</note> and all those whose understanding is but a little
better, it hath been in all ages practised, that they be affrighted with Mormoes
and Bugbears, that they may be cozen'd into good. But this is therefore per<g ref="char:EOLhyphen"/>mitted,
because other things which are real, certain, or probable, cannot be un<g ref="char:EOLhyphen"/>derstood
or perceiv'd by them: and therefore these things are not to be per<g ref="char:EOLhyphen"/>mitted,
where it can well be otherwise. If it cannot, it is fit that their under<g ref="char:EOLhyphen"/>standings
should be conducted thither where they ought to goe, and by such
iustruments as can be useful.</p>
                  </div>
                  <div n="7" type="rule">
                     <head>RULE 7. A Conscience determin'd by the counsel of wise
men, even against its own inclinations, may be
sure and right.</head>
                     <p>FOR in many cases the counsel of wise men is the best argument; and if
the conscience was first inclined by a weaker, every change to a better is a
degree of certainty: In this case, to persist in the first inclination of consci<g ref="char:EOLhyphen"/>ence,
is <hi>obstinacy,</hi> not <hi>constancy:</hi> But on the other side, to change our first per<g ref="char:EOLhyphen"/>swasion
when it is well built, for the counsel of men of another perswasion,
though wiser then our selves, is <hi>levity,</hi> not <hi>humility.</hi> This Rule is practicable
onely in such cases where the Conscience observes the weakness of its first
inducement, or justly suspects it, and hath not reason so much to suspect the
sentence of wiser men. How it is further to be reduc'd to practice, is more
properly to be considered in the third Chapter, and thither I referre it.</p>
                  </div>
                  <div n="8" type="rule">
                     <pb n="81" facs="tcp:58903:68"/>
                     <head>RULE 8. He that sins against a right and a sure Conscience,
whatever the instance be, commits a great sin,
but not a double one.</head>
                     <p>HIS sin is indeed the greater,<note place="margin">1.</note> because it is less excusable and more bold.
<hi>For the more light there is in a regular understanding, the more malice there is
in an irregular will. If I had not come to them</hi> (said Christ) <hi>they had not had sin;
but now have they no cover for their sin:</hi> that is, because they are sufficiently
taught their duty. It is not an aggravation of sin, barely to say, <hi>it was done
against our conscience:</hi> for all sins are so, either directly or indirectly, medi<g ref="char:EOLhyphen"/>ately
or immediately, in the principle or in the emanat on. But thus; the
more sure and confident the conscience is, the sin receives the greater degree.
It is an aggravation of it, that it was done against a clear light, and a full un<g ref="char:EOLhyphen"/>derstanding,
and a perfect, contrary determination.</p>
                     <p>But even then it does not make it to be a <hi>distinct sin.</hi>
                        <note place="margin">2.</note> 
                        <hi>Whatsoever is not
of faith is sin</hi> (said the Apostle) but he did not say it was two. It is a transcen<g ref="char:EOLhyphen"/>dent
passing upon every sinful action, that it is against a known law, and a
contrary reason and perswasion; but if this could make the act to be doubly
irregular, by the same reason, every substance must be two, <hi>viz.</hi> by having <hi>a
being,</hi> and <hi>a substantial being.</hi> And the proper reason of this is, because the
conscience obliges and ties us by the band of the Commandement, the same
individual band, and no other. The conscience is therefore against the act, be<g ref="char:EOLhyphen"/>cause
the Commandement is against it; the Conscience being Gods <hi>remem<g ref="char:EOLhyphen"/>brancer,</hi>
the <hi>record,</hi> and the <hi>register</hi> of the Law. A theef does not sin against
the <hi>Law</hi> and the <hi>Judge</hi> severally; neither does the <hi>Magistrate</hi> punish him one
way, and the <hi>Law</hi> another. The conscience hath no law of its own, but the
law of God is the Rule of it. Therefore where there is but one obligation to
the duty, there can be but one deformity in the prevarication. But,</p>
                     <p>In sins where there is <hi>a double formality,</hi> there indeed <hi>in one action</hi> there
may be <hi>two sins,</hi> because there is <hi>a double law:</hi>
                        <note place="margin">3.</note> as he that kills his Father sins
twice, he is <hi>impious</hi> and <hi>unjust;</hi> he breaks the laws of <hi>piety</hi> and <hi>justice;</hi> he sins
against the <hi>fifth</hi> and the <hi>sixth</hi> Commandements at once; he is a <hi>murderer,</hi> and he
is <hi>ungrateful,</hi> and he is <hi>impious.</hi> But in sins of a <hi>single nature</hi> there is but a
<hi>single relation.</hi> For the Conscience and the Law is the <hi>Rule</hi> and the <hi>Parch<g ref="char:EOLhyphen"/>ment;</hi>
and he that sins against the one, therefore also sins against the other,
because they both terminate but one relation.</p>
                     <p>But although he does not commit two sins,<note place="margin">4.</note> yet he commits one great
one, there being nothing that can render an action culpable or imputable in
the measures of justice, but its being a deviation from, or a contradiction to
the Rule. It is against my conscience, that is, against my illuminated and in<g ref="char:EOLhyphen"/>structed
reason, therefore it is a sin: this is a demonstration, because it is
against God, and against my self; against my reason, and his illumination; and
that is, against all bands Divine and Humane.
<pb n="82" facs="tcp:58903:69"/>
                     </p>
                     <p>
                        <hi>Quest.</hi>
                     </p>
                     <p>BUT then what shall a Judge doe,<note place="margin">5.</note> who knows the witnesses in a criminal
cause to have sworn falsly? The case is this: <hi>Conopus</hi> a <hi>Spartan</hi> Judge,
walking abroad near the gardens of <hi>Onesicritus,</hi> espies him killing of his slave
<hi>Asotus;</hi> who to palliate the fact, himself accuses another of his servants [<hi>Or<g ref="char:EOLhyphen"/>gilus</hi>]
and compell'd some to swear it as he affirm'd. The process was made,
advocates entertain'd by <hi>Onesicritus,</hi> and the poor <hi>Orgilus</hi> convict by testimony
and legal proof. <hi>Conopus</hi> the Judge knows the whole process to be injurious,
but knows not what to doe, because he remembers that he is bound to judge
according to allegation and proof, and yet to doe justice and judgement, which
in this case is impossible. He therefore inquires for an expedient, or a perem<g ref="char:EOLhyphen"/>ptory
resolution on either hand: Since he offends against the Laws of <hi>Sparta,</hi>
the order of law and his own life, if he acquits one who is legally convicted;
and yet if he condemnes him whom he knows to be innocent, he sins against
God, and Nature, and against his own Conscience.</p>
                     <p>That a Judge not onely may,<note place="margin">6.</note> but is oblig'd to proceed according to the
process of Law, and not to his own private Conscience, is confidently affir<g ref="char:EOLhyphen"/>med
by <hi>Aquinas,</hi> by his <hi>Master,</hi> and by his <hi>Scholars,</hi> and of late defended
earnestly by <hi>Didacus Covaruvias</hi> a learned man indeed and a great Lawyer;
and they doe it upon this account:</p>
                     <p>1. For there is a double person or capacity in a Judge;<note place="margin">7.</note> He is a private
person, and hath special obligations and duties incumbent upon him in that
capacity; and his conscience hath a proper information, and gives him laws,
and hath no superiour but God: and as he is such an one, he must proceed upon
the notices and perswasions of his Conscience, guided by its own measures.
But as he is a <hi>Judge,</hi> he is to doe the office of <hi>a Judge,</hi> and to receive infor<g ref="char:EOLhyphen"/>mation
by <hi>witnesses</hi> and <hi>solemnities of Law,</hi> and is not to bring his own private
conscience to become the publick measure. Not <hi>Attilius Regulus,</hi> but the <hi>Consul</hi>
must give sentence: and since he is bound to receive his information from
witnesses, as they prove, so the Law presumes; whose Minister because he is,
if there be any fault, it is in <hi>the Law,</hi> not in <hi>the Judge,</hi> and in this case, the
Judge does not goe against his conscience, because by oath he is bound to
goe according to Law. He indeed goes against his private knowledge; but
that does not give Law to a Judge, whose knowledge is to be guided by
other instruments.<note place="margin">2.</note> * And it is here as in case of execution of sentences,
which is another ministery of Law. <hi>Ordinarius tenetur obsequi Delegato, etsi sciat
sententiam illam injustam, exequi nihilominùs tenetur eandem,</hi> said <hi>Innocen<g ref="char:EOLhyphen"/>tius</hi>
III.<note place="margin">Cap. pastoralis. § <gap reason="illegible" resp="#TECH" extent="1 span">
                              <desc>〈…〉</desc>
                           </gap> De <gap reason="illegible" resp="#TECH" extent="1 letter">
                              <desc>•</desc>
                           </gap>fficio &amp; pote<g ref="char:EOLhyphen"/>
                           <gap reason="illegible" resp="#TECH" extent="2 letters">
                              <desc>••</desc>
                           </gap> Judicis Delegati.</note> The Executioner is not to refuse his office, though he know the
Judge to have condemned an innocent; for else he might be his Judges Judge,
and that not for himself alone, but also for the publick interest. For if an
Executioner upon his perswasion that the Judge did proceed unjustly against
the life of an innocent, shall refuse to put him to death, he judges the sentence
of the Judge over again, and declares publickly against it, and denies to the
Commonwealth the effect of his duty: so does a Judge, if he acquits him
whom the Law condemnes, upon the account of his private knowledge.<note place="margin">3.</note> * It
is like speaking oracles against publick authority from a private spirit.
* Which thing if it were permitted,<note place="margin">4.</note> the whole order and frame of Judicatures
would be altered, and a door opened for a private and an arbitrary proceed<g ref="char:EOLhyphen"/>ing:
and the Judge if he were not just, might defame all witnesses, and acquit
<pb n="83" facs="tcp:58903:69"/>
any criminal, and transferre the fault to an innocent and unsuspected, and so
really doe that which he but pretends to avoid. * And the case would be
the same, if he were a man confident and opionative. For he might seem
to himself to be as sure of his own reason, as of his own sense; and his con<g ref="char:EOLhyphen"/>science
might be as effectively determined by his argument as by his eyes;
and then by the same reason he might think himself bound to judge against
the sentence of the Law according to his own perswasion, as to judge against
the forms of Law, and proceedings of the Court according to his own sense.
* And therefore not onely in Civil but in the Ecclesiastical Courts we finde it
practised otherwise:<note place="margin">6,</note> and a Priest may not refuse to communicate him whom
he knows to have been absolved upon a false allegation, and unworthily; but
must administer Sacraments to him according to the publick voice, not to his
own private notice: for it would be intolerable, if that which is just in pub<g ref="char:EOLhyphen"/>lick
should be rescinded by a private pretence, whether materially just or no;
not onely because there are other measures of the publick and private, and
that to have <hi>that</hi> overborn by <hi>this</hi> would destroy all Government; but because
if this private pretence be admitted, it may as well be falsly as truly pre<g ref="char:EOLhyphen"/>tended:
And therefore since real justice by this means cannot be secured,
and that unless it were, nothing could make amends for the publick disorder,
it follows that the publick order must be kept, and the private notice laid
aside.<note place="margin">7.</note> * For the Judge lays aside the <hi>affections</hi> of a man, when he goes to
the seat of judgement; and he lays aside <hi>his own reason,</hi> and submits to the
reason of the Law; and <hi>his own will,</hi> relinquishing that to satisfy the Law; and
therefore he must bring nothing of a private man with him, but his own abili<g ref="char:EOLhyphen"/>ties
fitted for the publick.<note place="margin">8.</note> * And let no man in this case pretend to a zeal
for truth and righteousness; for since in Judicatures, <hi>legal</hi> or <hi>seeming truth</hi>
is all that can be secured, and with this the Laws are satisfied, we are sure we
may proceed upon the testimony of concurring witnesses, because they doe
speak legal truth, and that being a proportionable conduct to legal persons,
is a perfect rule for the conscience of a Judge; according to the words of
our blessed Saviour quoted out of <hi>Moses</hi> Law,<note place="margin">John 8.</note> 
                        <hi>It is written in your Law, The
testimony of two men is true,</hi> that is, it is to be accepted as if it were true, and
proceedings are to be accordingly. In pursuance and verification of this, are
those words of S. <hi>Ambrose, Bonus Judex nihil ex arbitrio suo facit, &amp; domesticae
proposito voluntatis, sed juxta leges &amp; jura pronunciat, scitis juris obtemperat, non
indulget propriae voluntati, nihil paratum &amp; meditatum domo defert, sed sicut audit,
ità judicat.</hi>
                        <note place="margin">In Psal. 118.</note> 
                        <q>A good Judge does nothing of his will, or the purpose of his
private choice, but pronounces according to Laws and publick right, he
obeys the sanctions of the Law, giving no way to his own will, he brings
nothing from home prepared and deliberated, but as he hears, so he judges.</q>
This testimony is of the more value, because S. <hi>Ambrose</hi> had been a Judge
and a Ruler himself in Civil affairs, and therefore spake according to the sense
of those excellent Laws, which almost all the civil world have since admitted.
* And the thing is confessed in the parallel cases:<note place="margin">9.</note> For a Judge may not pro<g ref="char:EOLhyphen"/>ceed
upon the evidence of an instrument which he hath privately perused, if it
be not produc'd in Court, though he by that could be inabled to doe justice to
the oppressed party; for he does not know it as a Judge, but as a private man;
and though that be a distinction without a real difference of subject, yet in ef<g ref="char:EOLhyphen"/>fect
it means, that the Laws doe not permit a Judge to take notice of any pri<g ref="char:EOLhyphen"/>vate
information, which might prove an inlet to all manner of violence and
robbery. * And therefore if a Priest hearing the Confession of <hi>Caius,</hi> un<g ref="char:EOLhyphen"/>derstands
that <hi>Titius</hi> was the complice of <hi>Caius</hi> his crime,<note place="margin">10.</note> he may not refuse
<pb n="84" facs="tcp:58903:70"/>
to absolve <hi>Titius,</hi> though he doe not confess the fact in which he took part
with <hi>Caius;</hi> because he is to proceed by the method of that Court where he
sits Judge.<note place="margin">11.</note> For private and personal notice is not sufficient. * And if I doe
privately know that my neighbour is excommunicate, I am not bound to re<g ref="char:EOLhyphen"/>fuse
him my society, till I know it legally; and therefore much less may a
Judge doe a publick act upon private notice, when we may not doe even a pri<g ref="char:EOLhyphen"/>vate
act referring to Law without a publick notice.<note place="margin">12.</note> * And all this is confirm'd
by the authority of <hi>Ulpian,</hi>
                        <note place="margin">
                           <gap reason="illegible" resp="#TECH" extent="1 span">
                              <desc>〈…〉</desc>
                           </gap>
                        </note> 
                        <hi>Veritas rerum erroribus gestarum non vitiatur, &amp;
ideo Praeses provinciae id sequatur quod convenit eum ex fide eorum quae proba<g ref="char:EOLhyphen"/>buntur.</hi>
The truth of things is not prejudic'd by errors in matters of fact:
and therefore let the President of the Province follow that which is fitting for
him,<note place="margin">13.</note> proceeding by the faith of those things which shall be proved. * For
since no man must judge by his own private authority, he must not judge by
his own private knowledge.<note place="margin">14.</note> * And to what purpose shall be call in witnesses
to give him publick information, if when they have done so, he by his private
may reject the publick?</p>
                     <p>But if after all this you inquire what shall become of the Judge as a man,<note place="margin">8.</note>
and what of his private conscience? these men answer; That the Judge must
use what ingenious and fair artifices he can to save the innocent, or to doe ju<g ref="char:EOLhyphen"/>stice
according to truth, but yet so as he may not prevaricate the duty of a
Judge: he may use the prudence of a friend and a private man: let him by
various and witty interrogatories, in which he may be helped by the advan<g ref="char:EOLhyphen"/>tage
of his private knowing the secret, make ways to entrap the false witnesses,
as <hi>Daniel</hi> did to the <hi>two Elders</hi> in the case of <hi>Susanna:</hi> or let him referre the
cause to the supreme power, or resign his office, or make a deputation to ano<g ref="char:EOLhyphen"/>ther,
or reprieve the injur'd man, or leave a private way for him to escape, or
use his power of interpretation, or finde some way to elude the unjust hand of
justice, which in this case does him wrong by doing right. But if none of these
ways, nor any other like them can preserve the innocent man, or the Judges
private conscience, he must doe justice according to Law, standing upright
as a publick person, but not stooping to particulars, or twisting himself
by his private notices.</p>
                     <p>This is the summe of what is or can be said in this opinion; and though
they speak probably and well,<note place="margin">9.</note> yet I answer otherwise, and I suppose, for rea<g ref="char:EOLhyphen"/>sons
very considerable. Therefore,</p>
                     <p>To the Question I answer, That a Judge in this case may not doe any pub<g ref="char:EOLhyphen"/>lick
act against his private conscience; he may not condemne an innocent
whom he knows to be so, though he be prov'd criminal by false witnesses.
And my reasons are these:</p>
                     <p>1. <hi>Innocentem &amp; justum non occides</hi> (said God) to slay an innocent person
is absolutely and indispensably evil.<note place="margin">10.</note> Upon which ground I argue;<note place="margin">Exod. 23. 7.</note> That which
is in its own nature essentially and absolutely evil, may not be done for any
good, for any pretence, for any necessity, nor by any command of man. Since
therefore in the present case, the man is supposed innocent, he ought not to
be delivered to death for any end in the world; nor by any authority, much
less for the preservation of the forms of Courts, or to prevent a possible evil
that may accidentally and by abuse arise; especially since the Question
here is not matter of prudence or policy, but of justice and conscience; nor
yet of the publick interest, but of the Judges duty; nor at all, what the
<pb n="85" facs="tcp:58903:70"/>
Laws actually doe constitute and appoint, but what the Judge may really
practise. Now, in all cases, if a man dies, it must be <hi>by the merit of the cause,</hi>
or for <hi>some publick end.</hi> The <hi>first</hi> is not suppos'd in this question, because the
man is supposed innocent; and if the <hi>latter</hi> be pretended, it is an open profes<g ref="char:EOLhyphen"/>sion
of doing evil that good may come of it. And if it be answered, that this
is true, if the man did appear to be innocent, but in Law he appears otherwise.
I reply, that it is true, to the Law he does so, but not to the Judge; and there<g ref="char:EOLhyphen"/>fore
though the Law can condemne him, yet she cannot doe it by that Judge.
He must not doe it, because it being by an unavoidable defect, or error, that
the Law may doe it, and if the Law could be rightly informed, she would
not, she could not doe it, it follows that the Judge who is rightly informed
can no more doe it then the Law it self, if she had the same information.</p>
                     <p>2. To judge according to forms and processes of Law,<note place="margin">11.</note> is but of humane
positive right and constitution; for the Law may command a Judge to pro<g ref="char:EOLhyphen"/>ceed
according to his own knowledge, if she will trust him and his know<g ref="char:EOLhyphen"/>ledge:
and in all arbitrary Courts it is so; and in the supreme power it is al<g ref="char:EOLhyphen"/>ways
so, if it be absolute. But not to condemne the innocent, is of Divine and
eternal right, and therefore cannot be prejudic'd by that which only is humane.
And indeed if we look into the nature and causes of things, we shall finde,
that the reason why Judges are tied to forms and processes of Laws, to testi<g ref="char:EOLhyphen"/>monies
and judicial proofs, is, because the Judge is supposed not to know the
matters brought before him, till they appear in the forms of Law. For if a
Judge did know mens hearts, and the secrets of things and causes, supposing
him to be honest, he were the fittest person in the world to be a Judge, and can
proceed summarily, and needs no witnesses. But this is the way of the Di<g ref="char:EOLhyphen"/>vine
judgement, who proceeds upon his own knowledge, though for the de<g ref="char:EOLhyphen"/>claration
of his justice to men, he sometimes seems to use processes, and mea<g ref="char:EOLhyphen"/>sures
of humane inquiry; as in the case of <hi>Sodome,</hi> and the like. And in pro<g ref="char:EOLhyphen"/>portion,
if God should reveal to a Judge the truth of every cause that lies be<g ref="char:EOLhyphen"/>fore
him, I think no man doubts, but he might safely proceed to judgement
upon that account. This was the case of <hi>Daniel</hi> and <hi>Susanna.</hi> For she was
convicted and proved guilty by concurrent witnesses; God revealed the truth
to <hi>Daniel,</hi> and he arrested judgement upon that account. Upon exam<gap reason="illegible" resp="#TECH" extent="1 letter">
                           <desc>•</desc>
                        </gap>nation
of the witnesses he findes them disagree in the circumstances; but this was
no legal conviction of their falshood in the main; but it was therefore suffici<g ref="char:EOLhyphen"/>ent,
because <hi>Daniel</hi> came in the manner of a Prophet, and knew the truth
from God, not by forms of Law. Now it matters not (as to the justice of the
proceeding) which way the truth be known; for the way of receiving it is
but extrinsecal to the main question: and as <hi>Daniel</hi> being made Judge by God,
might not have consented to the death of <hi>Susanna,</hi> though not onely the
two Elders, but ten more had sworn that they had seen <hi>Susanna</hi> sin: so neither
can a Judge, to whom God by some special act of providence in behalf of
truth and innocence hath made known the matter, proceed to sentence against
that knowledge, which he by Divine dispensation hath received.</p>
                     <p>3. If a King or Senate,<note place="margin">12.</note> or any supreme power receive testimony of a mat<g ref="char:EOLhyphen"/>ter
of fact concerning any of their Council, whom they know to be inno<g ref="char:EOLhyphen"/>cent;
as if it be legally proved that <hi>Sempronius</hi> robb'd a man upon the Kalends
of <hi>March,</hi> a hundred miles from the place where the King or Senate saw him
sitting all that day; that they may not deliver him to death appears therefore
because they being accountable to none but God, must judge by his measures,
that is, so as to preserve the innocent, and not by those measures which mens
<pb n="86" facs="tcp:58903:71"/>
necessity, and imperfection, and weaknesses have made regularly necessary.
But that which is regularly necessary, may irregularly, and by accident in some
cases be unjust, and in those, the supreme power must make provisions where
it can, and it can when it knows the truth of the particular. For since the
Legislative power can dispense in the administration of its own Laws upon
particular necessities, or charity <hi>upon the affirmation and petition of him that needs
it:</hi> much more must it dispense with the forms of proceedings in a case of
such necessity, and justice, and charity, and <hi>that upon their own knowledges.</hi> The
<hi>affirmation</hi> of the argument is, that Princes and Senates may, and must doe
this; that it is necessary, and therefore also just in them to doe so. The <hi>conse<g ref="char:EOLhyphen"/>quent</hi>
of the argument is this: That therefore if private Judges may not doe
so, it is because they have no authority to doe so, but are compell'd by their
Princes to proceed by forms: and if this be all, it declares the necessity of
such proceedings to be onely upon mans authority; and so, though by Law
he may be bound to doe so, yet our inquiry being what he is tied to doe in
conscience, the Law cannot prevail above conscience, the subordinate above
the superiour, there being in this case, a <hi>knowledge of the fact,</hi> and <hi>the law of
God</hi> for <hi>the right.</hi>
                     </p>
                     <p>4. For the case is this; <hi>God</hi> says,<note place="margin">13.</note> Thou shalt not slay the innocent, and
the <hi>Judge</hi> does certainly know, that the accused man is truly innocent: The
conclusion is, <hi>therefore this man must not die.</hi> Against this, the argument op<g ref="char:EOLhyphen"/>posed
is this: <hi>Humane authority</hi> says, Thou shalt slay him that is convicted of a
fault, whether by true or false witnesses: Here are witnesses which doe con<g ref="char:EOLhyphen"/>vict
him, and I know them to be false: The conclusion is, <hi>Therefore this man
must die.</hi> Which of these two arguments ought to prevail, I think needs not
much inquiry.</p>
                     <p>5. And what if <hi>Titius</hi> be accused for killing <hi>Regulus,</hi>
                        <note place="margin">14.</note> whom the Con<g ref="char:EOLhyphen"/>sul
at that time hath living in his house, or hath lately sent abroad; would
not all the world hoot at him, if he should deliver <hi>Titius</hi> to the Tormentors
for killing the man whom the Judge knows to be at home, it may be dressing
of his dinner, or abroad gathering his rents? But if this be so absurd (as it is
indeed extremely) it follows that he may use his private knowledge against a
false testimony that is publick. Or how if he sees the fact done before him in
the Court? a purse cut, or a stone thrown at his brother Judge, as it happened
at <hi>Ludlow</hi> not many years since? The Judge proceeded to sentence upon in<g ref="char:EOLhyphen"/>tuition
of the fact, and stayed not for the solemnities of Law. Or put case
that there be depositions offered on both sides, for and against the innocent,
either directly, or indirectly. If in this case the Judges private knowledge
may determine for either, it follows that his private knowledge can be admit<g ref="char:EOLhyphen"/>ted
as the instrument of justice; <hi>and if it may, it must:</hi> for nothing can hinder
him to doe it, but because he may not. But that he may, appears in the now
alledged instances.</p>
                     <p>6. <hi>Adrianus</hi> puts another case,<note place="margin">15.</note> in which it is also without contradiction
evident that private notice is to be preferred before publick solemnity where
there is an error in this and none in that. The case I choose to express in this
narrative. <hi>Viretta</hi> a naughty woman pretends to be wife to <hi>Coloro</hi> an <hi>Italian</hi>
Gentleman, and brings a Priest and witnesses whom she had suborned, to
prove the marriage. The Judge gives sentence for <hi>Viretta,</hi> and commands
<hi>Coloro</hi> to pay the duties of a husband to her, and to use her as a wife. He knows
<pb n="87" facs="tcp:58903:71"/>
the contrary, and that he is husband to <hi>Vittoria Morisini,</hi> and therefore pays
her all his duty, and neglects the other; and he is bound to it, because no mans
error or malice can alter the Laws of God, and from paying that duty which
he knows is due by the Laws of God, he cannot be excused by any formal er<g ref="char:EOLhyphen"/>ror
arising in the administration of the Laws of man. The same is the Judges
case. For if the Law commands him to doe an act against a known private
duty, he is so to follow the duty he knows he ows to God in preserving the
innocent, as <hi>Coloro</hi> is bound to preserve his duty to his wife, and the Judge
may no more commit murder then <hi>Coloro</hi> may commit adultery; but neither
of them can be rescued but by their private conscience, therefore they may
use that. And there is no escape in this instance, because the Subject is as much
bound to submit to the sentence of the Law, as the Judge is to the forms of it;
and that which secures one, secures both.</p>
                     <p>7. The evils that may be consequent to the strict adherence to the forms
and proofs of Law against the Judges conscience may be so great as to be in<g ref="char:EOLhyphen"/>tolerable,<note place="margin">16.</note>
and much greater then can be supposed to be consequent to the fol<g ref="char:EOLhyphen"/>lowing
a certain unsolemne truth. And there is no man, but put the case so as
himself and his party may be involved in ruine by false witness, and he will
grant that himself is by all means to be preserved. Put case a whole order
of the Clergy, of Monks, of Lawyers, should be accused falsly and oppressed
by evil men, as the Knights Templars were accused fiercely, and so were the
Religious in <hi>Henry</hi> the eighths time: If the King had known that the Monks,
and the Pope had known that the Templars had been innocent, no man ought
to have perswaded them to condemne the guiltless. For if the King had pro<g ref="char:EOLhyphen"/>ceeded
against them to confiscation, making use of his advantage gotten by
the sin of vile men, the effect had been, that he would rather have gotten mo<g ref="char:EOLhyphen"/>ney
by a lie, then have done justice to the oppressed according to his consci<g ref="char:EOLhyphen"/>ence.
And indeed because it is not to be supposed but all the world would
have given sentence for themselves in their own case, it is to be supposed that
the contrary opinion is but the sentence of men in prosperity, or of unexpe<g ref="char:EOLhyphen"/>rienced
Scholars who care not what load they put upon others to verify their
own opinion. And what Christian will not condemne <hi>Pilate</hi> for condemning
the most holy Jesus, according to the testimonies of his false accusers, and
against his own conscience? And let the case be put, that the witnesses had
agreed, and proved foul things against the unspotted Lamb of God, and made
all clear in forms of Law, and that <hi>Pilate</hi> had known the Lord to be inno<g ref="char:EOLhyphen"/>cent
and injur'd, could the water in the basin have washed him clean, if he had
against his conscience in compliance with the solemne perjurers have con<g ref="char:EOLhyphen"/>demn'd
him who was purer then the Angels? In this case the effect had been
intolerable, for which no pretence of necessity, or legal formalities could
have made recompence.</p>
                     <p>8. A Law founded upon presumption binds not in the Court of Con<g ref="char:EOLhyphen"/>science,<note place="margin">17.</note>
when the presumption is found to be an error. The Law presumes
that the heir entring upon an estate, if he makes not an Inventory, does it to
conceal the goods and defraud the Creditors. But if an heir does so by neg<g ref="char:EOLhyphen"/>ligence
or ignorance, or an impertinent fear, or upon ill counsel, or be be<g ref="char:EOLhyphen"/>trayed
to doe so; If the Creditor knows that the goods are not sufficient, he
may not in conscience take the advantage the Law gives him, but is bound
to doe charity and justice by the measures of his private knowledge, and not
<pb n="88" facs="tcp:58903:72"/>
by the measures of the Law to doe violence and oppression, which was the
thing in question.</p>
                     <p>9. To the verification of the sentence of death upon an accused person
there are required,<note place="margin">18.</note> 1. A reality of the Crime. 2. A power in the Judge.
3. And equity in the Law. Now if divers men should swear that the Judge
hath a competent power, nay though they threaten him with death if he does
not, yet he may not exercise any such power, which himself privately knows
that he hath not. So also if he knows the fact does not deserve death, though
men swear it, or a higher power declare it, or another competent Judge af<g ref="char:EOLhyphen"/>firm
it, yet a Judge must not consent to it, if himself knows it to be unjust.
And I have read of an excellent Prince, who because he did consent to the
forms and processes of Law made by his Senate against the bravest of his Sub<g ref="char:EOLhyphen"/>jects,
against his own conscience and knowledge, repented of it all the days
of his life, and was not pardon'd for it till the day of his death; and the first
confidence he had of pardon was upon the account of S. <hi>Pauls</hi> words, <hi>He that is
dead is justified from sins.</hi> But then, since the defect of either of these two
makes it unlawful for a Judge to proceed according to the forms of Law, and
ties him to follow his conscience even against allegation and proof, much more
must it be so if there be <hi>no reality of fact</hi> in the accused party; because in the
destitution of this, the Laws themselves have no power, and therefore they
can give none to a Judge their Minister. <hi>Justis lex non est posita;</hi> The Law was
not made for the innocent, but to defend them, and therefore hath no power
to destroy them; and then the Judge can have none, and so cannot in that
case be tied to proceed according to formalities, and therefore must proceed
according to his conscience, or not at all. For,</p>
                     <p>10. If a Law were made that a Judge should be bound to condemne an
innocent person,<note place="margin">19.</note> though he knows him to be so, and to be accused by calumny,
and supplanted by perjury, it were an unjust Law, as all men (that I know of)
grant, and indeed must grant. For it were a Law made to incourage perju<g ref="char:EOLhyphen"/>rers
and oppressors, to discourage innocence: a Law made against the inten<g ref="char:EOLhyphen"/>tion
of Laws, which is, to defend the right, and punish the wrong doer: it
were a Law disabling the Judge to rescue the oppressed, and a Law expresly
disowning the cause of the afflicted: and if any Judge should undertake his of<g ref="char:EOLhyphen"/>fice
upon such terms, he should openly profess that if the case happened, he
would doe against his conscience. And all Laws going the best way they can
to finde out truth, would never disable a Judge to make use of it when he had
found it out, and assisted the inquiry of the Laws by a fortunate discovery. For
the examining of witnesses being but a means to finde out truth, cannot possi<g ref="char:EOLhyphen"/>bly
be so adhered to, as to be preferred before the end to which it is design'd,
that were <hi>as if a man should rather love to seek then finde.</hi> Since therefore no Law
ever was, or can be so unreasonable as to decree that a Judge shall not in such
a case directly relieve the innocent, but proceed to his condemnation, it fol<g ref="char:EOLhyphen"/>lows
that he can have no obligation to doe so, and then the obligation of his
conscience can upon no pretence be declined. The Law does not intend to
oblige the Judge in that case, because no Law can be made expresly to doe so;
He therefore being free from the Law in that case, stands bound to his private
conscience, without excuse. Nay, the Canon Law expresly enjoyns that a
Judge should give sentence according to his own conscience, as appears in <hi>c. 1.
de re Judic. in 6. &amp; in clem, 1. §. verùm de haeret.</hi>
                     </p>
                     <p>
                        <pb n="89" facs="tcp:58903:72"/>
11. Suppose a Judge should suborn false witnesses against an innocent;<note place="margin">20.</note>
either he is bound not to proceed according to allegation and proof, but ac<g ref="char:EOLhyphen"/>cording
to his secret conscience, or else he is bound to goe on in his crime,
and effect that which he had maliciously designed. For it is not enough that
he is bound to disingage the witnesses and take off the subornation: for sup<g ref="char:EOLhyphen"/>pose
the persons already appearing will not cease, lest they should be sham'd and
ruin'd, but will take confidence from their crime, and perseverance from
their publication, then there is no remedy for the innocent, neither can the
Judge rescue him from himself, nor give over sinning, unless he proceed by
his private certain measures, and not by those which are false and publick.
For to say he may be sorry for his fault and yet proceed in it, is to make him an
hypocrite: if he confesses that he subor<gap reason="illegible" resp="#TECH" extent="1 letter">
                           <desc>•</desc>
                        </gap>d the witnesses, and yet proceed to
condemne the innocent, he is ridiculous, and makes the Law put on the face
of tyranny and unreasonable violence and oppression. So that either he must
goe on and sin to the end without remedy, or he must be admitted to pro<g ref="char:EOLhyphen"/>ceed
by his private conscience, and that in his case would be <hi>justice</hi> and <hi>pe<g ref="char:EOLhyphen"/>nitence</hi>
besides.</p>
                     <p>12. Lastly, all Laws being intended for the good of the Subjects,<note place="margin">21.</note> are
bound not onely to comply with their ordinary cases by ordinary provisions,
but for their accidental needs by the extraordinary. And so we finde it, that
all Laws yeeld in particulars, when the Law is injurious in the special cases, and
this is the ground of all Chancery, because <hi>summum jus, summa injuria;</hi> and
<hi>Solomon</hi> advised well, <hi>Noli esse justus nimiùm,</hi> be not over righteous; and the
j<gap reason="illegible" resp="#TECH" extent="1 letter">
                           <desc>•</desc>
                        </gap>stice of God being <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>, gentleness and favour, equity and mercy, ours
is best when we follow the best precedent; now since no case is more favou<g ref="char:EOLhyphen"/>rable
then the present, the Laws are unjust that will not bend and stoop to the
miseries of the oppressed; and therefore the Judge having no hindrance, he is
tied by a double band to releeve the oppressed innocent, by his direct sentence
(where it can be admitted) or by his open declaration, and <hi>quantum in se est,</hi>
but at no hand to consent to his condemnation.</p>
                     <p>I conclude therefore with that rule of the Canon Law,<note place="margin">22.</note>
                        <note place="margin">C. penult. de reg. jur.</note> 
                        <hi>Melius est scanda<g ref="char:EOLhyphen"/>lum
nasci quàm ut veritas deseratur;</hi> It is better that a scandal should be suffe<g ref="char:EOLhyphen"/>red,
and an offence done to the forms and methods of judicial proceedings,
then that truth should be betrayed and forsaken; and what was said in the pro<g ref="char:EOLhyphen"/>phecie
concerning our blessed Saviour, <hi>Non secundùm auditum aurium arguet,</hi> he
shall not reprove according as he hears, but according as he knows, is also
true of Judges in this case; they doe judge most perfectly when in truth and
in defence of the innocent, they follow the pattern of the Divine judgement
and not the imperfection of the humane, that is, they are to judge by the eyes,
not by the eares;
<q>
                           <l>Segniùs irritant animos demissa per aures</l>
                           <l>Quàm quae sunt oculis commissa fidelibus—</l>
                        </q>
                     </p>
                     <p>That is a sure sentence that can rely upon ocular demonstration; for our eyes are
a better guard of innocence then the tongues of Sycophants, and our consci<g ref="char:EOLhyphen"/>ences
are surer informers then the forms of Law; and since no Law hath de<g ref="char:EOLhyphen"/>clar'd
against it, the conscience is at perfect liberty; and yet if it were not, we
are certain it is better to obey God then men; the conscience is no mans ser<g ref="char:EOLhyphen"/>vant,
it is Gods onely. Conscience is Gods Angel: <hi>Grieve not the Angel lest
he smite thee, doe nothing against him, lest he forsake thee. Viro bono fixum in omni
vita est, transversum unguem à recta conscientia non discedere,</hi> said <hi>Cicero;</hi> Every
<pb n="90" facs="tcp:58903:73"/>
good man is perfectly resolved not to depart from his right conscience a hairs
bredth during his whole life.</p>
                     <p>And now to the pretences which are made on the other side,<note place="margin">23.</note> there will be
the less need of a reply, if we consider that they onely prove that a Judge is
tied to observe the forms of judicial process, and to proceed according to
allegation and proof, <hi>ordinarily and regularly,</hi> as supposing that this is the best
ordinary way of information, as it is most certainly. But as the Law, using
the best she hath, would not yet refuse a Prophet from heaven, or a miracle to
bring truth from her retirements, or her vail, so neither will she refuse any
better way that can be offered; but whatever the Law would doe, yet the
question now being concerning the Judge, it is certain that the Judge in the
case now put, hath a surer way of evidence; and therefore as the Law, if she
had a surer way of evidence, ought not to goe against so clear a light, so neither
can the Judge. And the arguments onely proceeding upon the usual supposi<g ref="char:EOLhyphen"/>tions
conclude that <hi>regularly</hi> Judges must doe as usually they can doe, that is,
proceed according to proof, because they can have no better way, but they
cannot be drawn to this extraregular and rare contingency. For though most
men are brought in upon suspicion or private accusation, yet the Apostle
says that some mens sins are manifest, going before unto judgement: and
when this happens, the Judge must not goe in inquest after what he sees. And
the same arguments may as well be urged against all dispensations and remis<g ref="char:EOLhyphen"/>sions,
against favour and Chancery, and destroy all equity, and all Religion,
as to destroy all conscience when it is certain and infallible. But I shall say
something to the particulars.</p>
                     <p>1. It is true that a Judge hath a double capacity,<note place="margin">24.</note> and he hath offices pro<g ref="char:EOLhyphen"/>portionable;
some <hi>as a man,</hi> some <hi>as Judge;</hi> that is, he hath some natural and
essential obligations, some which are superinduc'd upon his office. And there<g ref="char:EOLhyphen"/>fore
I refuse to use this distinction as it is commonly used, and so made more
subject to mistake and abuse. In this case the Judge is not to be considered
as <hi>a publick man, and a private man;</hi> for <hi>private</hi> is as much superinduc'd as <hi>pub<g ref="char:EOLhyphen"/>lick;</hi>
and all his other relations are as much to yeeld to his essential duty, as
that of a Judge: such as are the relation of a Husband, of a Father, of a Tu<g ref="char:EOLhyphen"/>tor,
of a Master; and amongst these, the more private is often tied to yeeld
to the more publick. But therefore in this case the <hi>Judge</hi> is to be considered
as a <hi>Judge</hi> and as a <hi>Man;</hi> and in this case the duties are sometimes disparate,
but never contrary; and when there is a dispute, the superinduc'd must yeeld
to that which is original; for whatsoever is his duty as a man, the Judge may
not prevaricate; for it is the man that is the Judge, in the <hi>man</hi> that office is
subjected, and the office of a <hi>Judge</hi> is bound upon him by the conscience of
the <hi>man.</hi> If the <hi>Judge</hi> had two consciences, and two real persons, then it were
to be granted that they were to be served and attended to in their several cal<g ref="char:EOLhyphen"/>lings;
but it is not so, they are but <hi>two persons in fiction of Law,</hi> but <hi>materially,</hi>
and to all real events, <hi>the same:</hi> it is the same conscience ministring to divers
duties: And therefore as the <hi>Judge</hi> is always <hi>that man,</hi> so his conscience is the
conscience of that man; and because <hi>as a man</hi> he must not goe against his con<g ref="char:EOLhyphen"/>science,
so when that man is a Judge he must not goe against the mans consci<g ref="char:EOLhyphen"/>ence,
for the Judge is still that man rul'd by that conscience. The essential
duty of a man cannot by any superinduc'd formality be dispensed with. Now
to goe according to our conscience and knowledge is the essential rule and duty
of a man, which he cannot put off by being a Judge. The new office super<g ref="char:EOLhyphen"/>induces
<pb n="91" facs="tcp:58903:73"/>
new obligations, but none contrary, no more then he can cease being
a man by being a Judge.<note place="margin">Tertul. <gap reason="illegible" resp="#TECH" extent="1 letter">
                              <desc>•</desc>
                           </gap>ib. de <gap reason="illegible" resp="#TECH" extent="1 span">
                              <desc>〈…〉</desc>
                           </gap>.</note> 
                        <hi>Certè prior anima quam litera, &amp; prior sermo quàm li<g ref="char:EOLhyphen"/>ber,
&amp; prior sensus quàm stylus, &amp; prior homo quàm philosophus &amp; poëta:</hi> He is
first a Man, and then a Philosopher, a Poet, or a Judge; and that which is first
cannot be prejudic'd by what is superinduc'd. And if the <hi>Judge</hi> goe against the
conscience of the <hi>man,</hi> pretending to doe according to the conscience of the
<hi>Judge,</hi> the <hi>man</hi> shall be damned, and where <hi>the Judge</hi> shall then appear any
child can tell. If the Bishop of <hi>Bayeux</hi> as Earl of <hi>Kent</hi> will rebel against his
Prince, the Earl of <hi>Kent</hi> shall lose his head, though the Bishop of <hi>Bayeux</hi> may
plead his Clergy. For in this there is a great mistake. To be <hi>a man</hi> and to be
<hi>a Judge</hi> are not to be compar'd as two distinct capacities of equal considera<g ref="char:EOLhyphen"/>tion.
To be <hi>a Bishop</hi> and to be <hi>a Judge</hi> are properly such, and have distinct mea<g ref="char:EOLhyphen"/>sures;
but to be <hi>a man</hi> is the subject of the two capacities, and cannot be laid
aside as either of the other may; and therefore the distinction is vain and so<g ref="char:EOLhyphen"/>phistical,
and if it could be admitted in Metaphysicks (in which yet, it appears
to have an error) yet it can never be suffered to pass to real events. This
being the ground of all the contrary opinion, and being found false, the super<g ref="char:EOLhyphen"/>structure
must also fall to the ground. To the special cases this I answer:</p>
                     <p>2. An Executioner may not refuse to doe his office though the Judge
hath given an unjust sentence: it is true onely when the matter is dubious,<note place="margin">25.</note> or
not known, or intolerable. But if the Judge commands the Hangman to flay
a Prophet alive, or to crucify Christ, or to strike his King thorough with a
sword, I doubt not but the adversaries themselves will think he is not obliged
to obey. <hi>Indeed this ought not easily to be drawn into a rule, lest such people turn it
into a pretence.</hi> But if the Executioner be sure, and the matter be notorious
and such as cannot deceive him, his hand ought not to be upon an innocent.
For as Receivers are to Thieves, so are Executioners to unjust Judges. When
the fact is notorious, and the injustice evident, then it is such as all men can
see it; and then, as if there were no Receivers there would be no Thieves; so
if there were no Executioners of unjust sentences, the Judge would be apt
to reverse his sentence.</p>
                     <p>3. Now whereas it is pretended that if a private notice were admitted
against publick evidence,<note place="margin">26.</note> it were like a private spirit against a publick article,
and would open a way to every pretension, it would dissolve the forms of
judicatures, and introduce many evils: I answer, that if all this were true,
and that for this there could be no remedy, nor yet any recompence in the
special cases, it would follow that the Law were prudent if it did refuse to ad<g ref="char:EOLhyphen"/>mit
such a proceeding, unless she had some reason to trust the Judge: But this
were nothing to the Judge. For the Law therefore refuses his testimony, be<g ref="char:EOLhyphen"/>cause
she hath that which she presumes is better, and because she not knowing
the secret follows the best way she hath. But the Judge knows the secret, and
he is not deceived, and he does not make pretences, for the case supposes him
to speak according to his conscience; and therefore although tht Law in pru<g ref="char:EOLhyphen"/>dence
does not beleeve him, yet he cannot but beleeve himself, and therefore
in duty to God must proceed accordingly, or must not proceed at all.</p>
                     <p>4. Neither is this like a private spirit against a publick article;<note place="margin">27.</note> because
this conscience of the Judge does not impose upon the publick, who hath
power to admit or to refuse his sentence; but it is onely for himself, and al<g ref="char:EOLhyphen"/>though
his conscience ought not to be the publick measure, yet it ought to be
<pb n="92" facs="tcp:58903:74"/>
his own. I doe not doubt but the Law may goe against the Judges conscience,
but the Judge himself may not goe against his own.</p>
                     <p>5. And this we see verified in the matter of a private evidence;<note place="margin">28.</note> for
though the Judge hath seen it in a chamber, yet he must not judge by it in the
Court, the Law will not suffer him to doe so; but yet for himself he may so
farre make use of it, as to be perswaded in his conscience, and to understand
on which side the right stands, and to favour it in all the ways that are per<g ref="char:EOLhyphen"/>mitted
him. But the case here being not matter of life and death, the Law
hath power to dispose of estates, and the conscience of the Judge is not obli<g ref="char:EOLhyphen"/>ged
to take more care of a mans money or land then himself does, but it can
be <gap reason="illegible" resp="#TECH" extent="1 letter">
                           <desc>•</desc>
                        </gap>bl<gap reason="illegible" resp="#TECH" extent="1 letter">
                           <desc>•</desc>
                        </gap>ged to take care of mens lives when the injured person is not able. A
man may give away his estate, but he may not give his life away; and there<g ref="char:EOLhyphen"/>fore
he may lose his estate by such ways, by which he ought not to be per<g ref="char:EOLhyphen"/>mitted
to lose his life. Adde to this, that a Judge having seen an Instrument
in private which could much clear the cause depending, may not upon that
account proceed to sentence, because it may be the adverse party can give an
answer to it, and make it invalid; whereas in matters of fact of which the
Judge <gap reason="illegible" resp="#TECH" extent="1 letter">
                           <desc>•</desc>
                        </gap>s conscious there is no uncertainty, nor fallibility. And lastly, the suf<g ref="char:EOLhyphen"/>fering
party in the question of money or lands suffers no inconvenience, but
what is outweighed to the publick by the order of justice and solemnities of
Law<g ref="char:punc">▪</g> and the man that loses to day for want of producing his evidence, may
produce it to morrow and recover it. But in matter of life and death, nothing
can m<gap reason="illegible" resp="#TECH" extent="1 letter">
                           <desc>•</desc>
                        </gap>ke recompence to the oppressed innocent, and if he suffers to day, he
cannot plead an error in the indictment to morrow. For these and many other
considerations the case is wholly different.</p>
                     <p>6. By some of these things we may also answer to the instance of a confi<g ref="char:EOLhyphen"/>dent
and opinionative Judge.<note place="margin">29.</note> He may not preferre his private opinion before
the sentence of the Law, and bring it into open judgement. 1. Because he
himself may be deceived in his opinion, and his confidence is no argument
that he is not deceived. 2. Because if the sentence and decree of the Law be
less reasonable, yet the Judge without sin may proceed to it, because the more
reasonable is not in his choice, and the less reasonable is not absolutely and
simply unjust. 3. In matters of prudence and civil government there is no
demonstration of reason, but the Legislative power may determine for the
publick interest as is presently apprehended, and may refuse the better coun<g ref="char:EOLhyphen"/>sel,
and yet doe well enough; for that which is simply the better is not in
these cases necessary; and in such things a mans reason ought not to be so
confident, as he is of <hi>what he sees,</hi> or what is <hi>matter of faith;</hi> and therefore in
these onely he is to be guided by <hi>his own,</hi> in the other he must proceed by <hi>the
publick measures.</hi> And as in all things not demonstratively certain or evident
the Executioner is bound to obey the Judge; so is the Judge bound to obey
the Law; and the presumption will lie for the Law against the Judge, as it will
lie for the Judge against the Officer. 4. And yet after all, I doe not doubt
but if a Judges conscience were effectively determin'd against a Law, and that
he did beleeve it to be unjust and unlawful, he ought to follow his conscience.
As if a Judge did beleeve it to be a sin to put a man to death for stealing
13. d. ob. he might not condemne such a theef to the Gallows. And he is not
excused by saying, It is not the Judge but the Law that does amiss. For if the
Judge beleeve the Law to be unjust, he makes himself a partner in the inju<g ref="char:EOLhyphen"/>stice
by ministring to an unjust Law against his conscience. For not onely he
<pb n="93" facs="tcp:58903:74"/>
that commands evil to be done is guilty, but he that obeys such a command.
In this case, either the Judge must lay aside his <hi>opinion</hi> or his <hi>office,</hi> for his
conscience must not be laid aside.</p>
                     <p>7. The instance of a Priest and an excommunicate person unworthily
absolved will no way conclude this Question.<note place="margin">30.</note> 1. Because the case is infinitely
differing between condemning an innocent, and acquitting the guilty. If any
man pretends he is satisfied in conscience that the accused person is criminal,
though it cannot be legally proved, yet there is no wrong done, if the accused
man be let free; an inconvenience there may be, but the Judge must not be
permitted to destroy by his private conscience, against or without legal convi<g ref="char:EOLhyphen"/>ction,
because the evil may be intolerable if it be permitted, and the injustice
may be frequent and unsufferable; but if it be denied, there may sometimes
happen an inconvenience by permitting a Criminal to live, but there can be no
injustice done. It may have excuse, and it may have reason, and it may have
necessity that a Judge refuse to consent to the death of an innocent, but that
he should against his conscience kill him can have no warrant; and if he be not
innocent, there may be reason to let him alone, but none to condemne him if he
be. Conscience can oblige a Judge to an unsolemne absolution, but not to an
illegal and unsolemne condemnation. This should have been considered in the
Earl of <hi>Straffords</hi> Case. The Law hath power to forgive the criminal, but not
to punish the guiltless. And therefore if a man be absolved when he deserved
it not, we may suppose him pardoned, and the private Priest is not his Judge
in that case. For to refuse to communicate him is an act of publick Judicature,
and to absolve him is an act of the same power, and therefore must be dispen<g ref="char:EOLhyphen"/>sed
by authority, not by usurpation, that is, by the publick sentence, not by the
private Minister, since to give the holy Communion to such a person is not
against any essential duty of a Christian. And therefore if the Priest knows him
unworthy to communicate, he may separate him so farre as he hath power to
separate him, that is, by the word of his proper Ministery: let him admonish
him to abstain, represent his insufficiency, threaten him with the danger; but
if he will despise all this, the private Priest hath no more to doe, but to pray
and weep for him, and leave him to God and the Church. But of this I am to
speak more largely in its proper place.</p>
                     <p>8. As for the case of the Priest hearing Confessions,<note place="margin">31.</note> though he finde
<hi>Titius</hi> accused by <hi>Caius,</hi> yet if <hi>Titius</hi> does not accuse himself, <hi>Titius</hi> is rather
to be beleeved in his own case then <hi>Caius</hi> in another mans. Because in this en<g ref="char:EOLhyphen"/>tercourse
every man is so concern'd to doe his duty, that every man is to be
beleeved for himself and against himself, because if he speaks false himself
onely is the loser. 2. <hi>Caius</hi> accusing <hi>Titius</hi> may for ought the <hi>Confessor</hi> knows
tell a lie and abuse him, and therefore he cannot pretend knowledge and con<g ref="char:EOLhyphen"/>science
against <hi>Titius;</hi> and so this comes not home to the present case which
supposes the Judge <hi>to know</hi> the accused person to be innocent. 3. This argu<g ref="char:EOLhyphen"/>ment
supposes that a man cannot be absolved unless he enumerate all his sins
to the Priest,<note place="margin">Unum ne<g ref="char:EOLhyphen"/>cessar.</note> which being in many cases false (as I have shewn otherwhere)
that which relies upon it can signify nothing.</p>
                     <p>9. Last of all,<note place="margin">32.</note> although the Judge must lay aside <hi>his affections</hi> and <hi>his
will,</hi> and <hi>his opinion</hi> when he sits upon the seat of judgement, because these
are no good measures of Judicature, nor ought to have immediate influence
upon the sentence; yet he cannot lay aside his <hi>knowledge,</hi> and if he lay aside
his <hi>conscience</hi> he will make but an ill Judge. 2. And yet the Judge must lay
<pb n="94" facs="tcp:58903:75"/>
his affections and his will aside never but when they tempt him to injustice. For
a Judge must not cease to be <hi>merciful</hi> when it does not make him <hi>unjust;</hi> nor
need he cease to please himself, so long as he is pleased to doe right: these if
they doe hurt indeed must be left off, else not; and therefore it cannot with
any colour from hence be pretended that he must lay aside his knowledge
when it is the onely way by which he can doe good.</p>
                     <p>10. To the authority of S. <hi>Ambrose,</hi>
                        <note place="margin">33.</note> what I have already said is a suffici<g ref="char:EOLhyphen"/>ent
answer. For he speaks of a Judges office regularly and usually, not what
he is to doe in cases extraordinary, and such as is the present question. But
he that said. <hi>Sicut audit, ita judicat,</hi> would no less have said, <hi>Sicut videt, ita judi<g ref="char:EOLhyphen"/>cat.</hi>
The seeing of his eyes is as sure a measure as the hearing of his ears.</p>
                     <p>11. As for the words of <hi>Ulpian</hi> I will give no other answer,<note place="margin">34.</note> then that
<hi>Panormitan</hi> and <hi>Covaruvias</hi> who urge them, and who are concerned to make
the most of them, doe yet confess that they make as much against them as for
them; and that they say true, will appear to any ordinary understanding that
considers them.</p>
                     <p>12. For although no Judge must doe acts of a private authority, yet he
may as well use his own private knowledge, as he may use the private know<g ref="char:EOLhyphen"/>ledge
of the witnesses; for their knowledge is as private as the Judges, till it
be brought into open Court, and when his is brought thither, it is as publick
as theirs; but however from the authority to the knowledge to argue is a plain
paralogism; for the Prince who armed him with publick authority, did not
furnish him with a commission of knowledge, but supposed that to be induced
by other ways.</p>
                     <p>13. And therefore the Judge may when he hath called witnesses reject
them upon his own certain knowledge, as well as use arts of discovery, or any
other collateral ways to secure the innocent. For it may as well be inquired
concerning the Judges using his knowledge to the infatuating or discovering
the falshood of the evil witnesses as to the rejecting them. For if he must abso<g ref="char:EOLhyphen"/>lutely
take all for granted which they say, then he must use no arts to invali<g ref="char:EOLhyphen"/>date
their testimony; but if he may doe that, he may doe the other, and yet the
calling in of witnesses may be to many good purposes, and by the collision
of contraries light may arise, and from falshood also truth may be produced
like a fair child from a foul mother. And after all, though this question is not
to be determined on either side by authorities, yet because amongst the writers
of Cases of Conscience very many rely much upon the testimony of Authors,
I think it not amiss to say that this sense of the question which I defend was
the sentence of many eminent Divines and Lawyers, particularly, <hi>Nicolaus
Lyra, Adrianus, Angelus, Navarre, Hostiensis, Calderinus, Panormitan, Martinus,
Johannes Arboraeus, Oldendorp, Corrasius, Lessius, Bresser</hi> and divers other; and
therefore besides the strength of the reasons, I walk the more confidently by
having such good company.</p>
                     <p>To conclude:<note place="margin">35.</note> All those advises of prudence which are given by the ad<g ref="char:EOLhyphen"/>verse
party in this affair as expedients for the Judges to proceed by in such
cases, I am ready to admit if they will secure their conscience and the life of
the innocent oppressed. But if they will not, but that the Judge must give
sentence for Law or for Conscience, the case to me seems very clear. God
is greater then our Conscience, but our Conscience is greater then any thing
besides. <hi>Fiat jus &amp; pereat mundus,</hi> said S. <hi>Austin, adhaec imagine nè nature ve<g ref="char:EOLhyphen"/>ritas
<pb n="95" facs="tcp:58903:75"/>
obumbretur curandum.</hi> For images and forms of things, the natural and
substantial truth of things may not be lost or prejudic'd. Let justice be done
whatsoever be the event.
<q>Accipere personam improbi non est bonum,<note place="margin">Prov. 18 5.</note> ut pervertas justum in judicio. It is
not good to receive the person of a wicked man, thereby to overthrow the righ<g ref="char:EOLhyphen"/>teous
in his cause.</q>
                     </p>
                  </div>
                  <div n="9" type="rule">
                     <head>RULE 9. The goodness of an object is not made by Consci<g ref="char:EOLhyphen"/>ence,
but is accepted, declared, and published by
it, and made personally obligatory.</head>
                     <p>NO object can have its denomination from the judgement of reason,<note place="margin">1.</note> save
onely that from thence it may be said to be <hi>understood to be good,</hi> to be <hi>de<g ref="char:EOLhyphen"/>clar'd,</hi>
to be <hi>consented to;</hi> all which supposes the object to be good, or to be so
apprehended. Just as an emerald is green before the eye perceives it so: and
if the object were not in it self good, then the reason were deceiv'd in consen<g ref="char:EOLhyphen"/>ting
to it, and a deceiver in publishing it.</p>
                     <p>This is true in respect of the <hi>material,</hi>
                        <note place="margin">2.</note> 
                        <hi>fundamental,</hi> and <hi>proper goodness</hi> of
the object; for this it hath independently of the conscience: and the rectitude
of the conscience is dependent on this, and consequent to the perception of it.
But yet there is <hi>a formal, extrinsecal,</hi> and <hi>relative goodness</hi> passed upon an ob<g ref="char:EOLhyphen"/>ject
by the conscience, by whose perswasion although an evil object doe not
become naturally good, yet it becomes personally necessary; and in the same
proportion a good object may become evil.</p>
                     <p>The purpose of this is to remonstrate that we must rather look to the
rule then to the present perswasion;<note place="margin">3.</note> first taking care that our conscience be
truly informed, before it be suffered to pass a sentence; and it is not enough
that our conscience tels us thus, unless God hath told the conscience. But
yet if the conscience does declare, it ingages us, whether it be right or wrong.
But this hath in it some variety.</p>
                     <p>1. The goodness of an act depends upon the goodness of an object,<note place="margin">4.</note> that
is, upon its conformity to a rational nature and the commands of God. For
all acts of will and understanding are of themselves indefinite and undetermi<g ref="char:EOLhyphen"/>ned
till the relation to an object be considered, but they become good or bad
when they choose or refuse that which is good or bad respectively. To will
to doe an act of theft is bad, because theft it self is so: to be willing to com<g ref="char:EOLhyphen"/>mit
an act of adultery is evil, because all adultery is evil: and on the other side,
to be willing to doe an act of justice, is therefore good because justice it self is
good. And therefore <hi>Aristotle</hi> defines justice by a habitude or relation to its
object. It is <hi>voluntas dandi suum cuique,</hi> a will of giving to every one that
which is their due. And therefore our conscience, because it is to receive its
<hi>information from the rule</hi> by which every action is made good or bad, and its
<hi>motion from the object,</hi> is bound to take in that onely which is really and truly
good, and without sin or error cannot doe otherwise.</p>
                     <p>
                        <pb n="96" facs="tcp:58903:76"/>
2. Although conscience is bound to proceed this way,<note place="margin">5.</note> yet sometimes
the younger the elder brother by the heel, or gets out before him, and
the act gets before the object by indirect means. For though all things should
be thought good because they are good, yet some things are made good be<g ref="char:EOLhyphen"/>cause
they are thought so; and the conscience looking out upon its object
finds error dress'd up in the shape of truth, and takes it in, and adopts it into
the portion of truth. And though it can never be made really and naturally
good, yet by being supposed so by the conscience, it is sometimes accepted
so by God.</p>
                     <p>3. Although the rule by which good and bad is measured,<note place="margin">6.</note> be in it self
perfect, yet it is not always perfectly received by us. <hi>Good</hi> is proportionable to
<hi>Reason;</hi> and as there is <hi>probabiliter verum,</hi> so there is <hi>probabiliter bonum,</hi> a pro<g ref="char:EOLhyphen"/>bable
good, as well as a probable truth: and in the inquest after this, we often
shew a trick of humanity, even to be pitifully deceived; and although when
it is so, it is an allay of the good it intends, yet it does not wholly destroy it:
God in his goodness accepting at our hands for good, what we really and in<g ref="char:EOLhyphen"/>nocently
suppose to be so. Just like the Country fellow that gave a handful
of water to his Prince; he thought it a fine thing, and so it was accepted. For
when the action and the rule are to be made even, if either of them comply and
stoop, the equality is made. God indeed requires the service of all our facul<g ref="char:EOLhyphen"/>ties,
but calls for no exact measures of any but the will. For the acts of the
will are perfect in their kinde, but our understanding is imperfect, therefore <hi>this</hi>
may finde an excuse, but <hi>that</hi> never.</p>
                     <p>4. Upon this account it is that though the goodness or badness of an act
depends upon the quality of the object <hi>regularly</hi> and <hi>naturally,</hi>
                        <note place="margin">7.</note> yet the acts be<g ref="char:EOLhyphen"/>come
<hi>irregularly</hi> or <hi>accidentally</hi> good or bad by the conscience, because the
conscience changes the object; that is, the act is good by the object <hi>really</hi>
good, or so <hi>apprehended.</hi> The object always changes or constitutes the act, but
the conscience changing the <hi>object immediately,</hi> hath a <hi>mediate influence</hi> upon the
act also, and denominates it to be such as in the event it proves. But then in
what degrees, and to what events this change is made is of more intricate con<g ref="char:EOLhyphen"/>sideration.</p>
                     <p>
                        <hi>What changes can be made in moral actions by the perswasion and
force of Conscience.</hi>
                     </p>
                     <p>1. Whatsoever is absolutely and indispensably necessary to be done,<note place="margin">8.</note> and
commanded by God expresly, cannot be changed by <hi>Conscience</hi> into an evil,
or into that which is unnecessary. Because in such cases where the rule is plain,
easy, and fitted to the conscience, all ignorance is voluntary, and spoils the
consequent act, but never can legitimate it. And the same reason is for things
plainly and expresly forbidden, as adultery, murder, sacrilege, and the like;
they can never become good by any act of Conscience. And therefore in
such cases it often happened that God did declare his judgement to be contra<g ref="char:EOLhyphen"/>ry
to the opinion which men had of themselves and of their actions. Somtimes
men live contrary to their profession;<note place="margin">Tit. 1. 16.</note> 
                        <hi>they profess</hi> the worship of God, but
<hi>deny him in their hearts,</hi> even when they least think they doe. Thus the Isra<g ref="char:EOLhyphen"/>elites
having constrain'd <hi>Aaron</hi> to make a golden Calf proclaim'd a feast, <hi>To morrow
is a feast unto Jehovah;</hi>
                        <note place="margin">Deuter. 32. 17.</note> but God says of them, <hi>They offered sacrifice to
Devils and not to God.</hi> And so it was with their children after them, who killed
and persecuted the Apostles and servants of Jesus, and thought they did God
<pb n="97" facs="tcp:58903:76"/>
good service. He that fals down before an idol, and thinks to doe honour to
the Lord; or robs a Temple, and thinks it is for Religion, must stand or fall,
not by his own fancy, but by sentence of God, and the rule of his Law; <hi>Prote<g ref="char:EOLhyphen"/>statio
contra factum</hi> is invalid in Law. To strike a mans eye out, and say he
did it in sport; to kill his brother, and think it is well done, because done to
prevent his sin, though it may be thought charity by the man, yet it is murder
before God.</p>
                     <p>2. Where the rule is obscure,<note place="margin">9.</note> or the application full of variety or the duty
so intricate that the conscience may inculpably erre, there the object can be
changed by conscience, and the acts adopted into a good or an evil portion
by that influence. He that thinks it unlawful to give money to a poor Turk,
hath made it to become unlawful to him, though of it self it seems to be a pious
act. So also it is in the uncertain application of a certain proposition. It is
certainly unlawful to commit adultery; but if <hi>Jacob</hi> supposes he lies with <hi>Ra<g ref="char:EOLhyphen"/>chel,</hi>
and she prove to be <hi>Leah,</hi> his conscience hath not chang'd the rule, but
it hath chang'd the object and the act: The object becomes his own by ado<g ref="char:EOLhyphen"/>ption,
and the act is regular by the integrity of the will. This is that which is
affirm'd by the Apostle,<note place="margin">Rom. 1<gap reason="illegible" resp="#TECH" extent="1 letter">
                              <desc>•</desc>
                           </gap> 14. Vide Chrysost. in hunc locum, S. Ambros. ib. &amp; Theophyl<gap reason="illegible" resp="#TECH" extent="1 letter">
                              <desc>•</desc>
                           </gap>. ibid.</note> 
                        <hi>I know and am perswaded in the Lord Jesus, that there is
nothing unclean of it self, but he that thinketh it is unclean, to him it is unclean.</hi>
This instance is in a case in which they might easily be mistaken, and innocently
abused by reason of the prepossession of their mindes by <hi>Moses</hi> Law; and
therefore in such cases the conscience rules. They who beleeve themselves
married, may mutually demand and pay their duty: But if they be not mar<g ref="char:EOLhyphen"/>ried,
it is fornication or adultery (as it happens.) But if <hi>Conscience</hi> says they
are married, it is not adultery, but an act of duty, because the same conscience
that declares for the marriage, obliges also to pay their duty, as a matter of ne<g ref="char:EOLhyphen"/>cessity.
<hi>Where ever the understanding is wrong, and the will is wholly right, the
action is accepted, and the error pardoned.</hi>
                     </p>
                     <p>3. When the act is materially evil,<note place="margin">10.</note> the conscience adopting it into a good
portion, that is, beleeving it to be good, does not make a perfect change, but
leaves an allay in the several degrees of its perswasion. For it is impossible that
<hi>a right conscience</hi> and <hi>a wrong</hi> should have no difference in the effect, especially
if there be any thing criminal or faulty in the cause of the error. When two
men take up arms in a differing cause, as suppose one for his Prince, and the
other against him; though they be both heartily perswaded, and act according
to Conscience, yet they doe not equally doe well or ill. The one shall be ac<g ref="char:EOLhyphen"/>cepted,
and it may be, the other pardoned, or excused in various degrees. But
this which needs a pardon for one thing, is not in the whole constitution of
it, good for any thing, nor can it be accepted to reward.</p>
                     <p>4. If the conscience dictate a thing to be necessary,<note place="margin">11.</note> the thing is become
necessay, and at no hand to be declined.<note place="margin">Gal. 5. 3.</note> This was it which S. <hi>Paul</hi> said, <hi>He that
is circumcised is a debtor of the whole Law;</hi> meaning, that though Christ had
broken the yoke of <hi>Moses,</hi> yet if conscience did take up one end of it, and
bound it upon it self; the other end would be dragg'd after it, and by the act
of conscience become necessary. If a man inquires, whether he is bound to
say his prayers kneeling, or <hi>whether he may doe it standing,</hi> or lying, or leaning;
if his conscience be perswaded that he <hi>must doe</hi> it kneeling, it is necessary he
should doe so, and <hi>he may not</hi> doe it in his bed: Because the Conscience is a
Law-giver, and hath authority over the man, and ought to prevail, when the
contrary part is onely, <hi>That they may doe otherwise.</hi> For whether this part be
<pb n="98" facs="tcp:58903:77"/>
true or false, the matter is not so great, because there is no danger if a man
doe not make use of a liberty that is just: He can let it alone and doe well
enough; and therefore to follow the other part which is supposed necessary,
must needs be his safest way.</p>
                     <p>But if the Question be, whether it be <hi>necessary</hi> to keep a Holy day, or <hi>neces<g ref="char:EOLhyphen"/>sary</hi>
to let it alone; there if the Conscience determine that for necessary to be
done, which is necessary to be let alone, the man is indeed bound to follow
his conscience, but he cannot escape a sin. For conscience makes no <hi>essential
alterations</hi> in the <hi>thing,</hi> though it makes <hi>personal obligations</hi> to the <hi>man;</hi> and
if it be an evil superstition to keep a holy day, it cannot be made lawful, be<g ref="char:EOLhyphen"/>cause
the conscience mistaking calls it necessary. And if this were otherwise,
it were not a pin matter what a man thought, for his thinking so becomes his
law, and every man may doe what is right in his own eyes. And therefore
God was pleased expresly to declare it, that if a Prophet did mislead the
people, both he and they should perish; and our blessed Saviour signified the
same thing in a Parabolical expression, <hi>If the blinde lead the blinde, they both fall
into the ditch.</hi> But in this case there is a fault somewhere, and the man smarts
under the <hi>Tyranny,</hi> not the <hi>Empire</hi> of his Conscience; for Conscience can
have no proper authority against the Law of God. In this case that which the
conscience <hi>falsly</hi> calls <hi>necessary,</hi> becomes <hi>so relatively</hi> and <hi>personally</hi> (that is, he
thinks so, and cannot innocently goe in the right way, so long as his guide con<g ref="char:EOLhyphen"/>ducts
him in the wrong, and yet cannot innocently follow his guide because
she does abuse him) but in it self, or in the Divine acceptation, it onely passes
for a <hi>bonum,</hi> something there is in it that is good, and that God may regard;
there is a <hi>praeparatio animi,</hi> a willingness to obey.</p>
                     <p>5. If the Conscience being mistaken in a question, whether an action <hi>be
good or no,</hi> calls that <hi>good</hi> which is nothing but <hi>indifferent;</hi> the Conscience alters
it not, it is still but <hi>lawful;</hi> but neither <hi>necessary</hi> nor <hi>good,</hi> but <hi>relatively</hi> and
<hi>collaterally:</hi> The person may be pitied, and have a <hi>gift</hi> given him in acknow<g ref="char:EOLhyphen"/>ledgement,
but the thing it self cannot expect it. When the Lords of the <hi>Phi<g ref="char:EOLhyphen"/>listins,</hi>
that they might deprecate the Divine judgements offered to God gol<g ref="char:EOLhyphen"/>den
Mice and Emerods, the thing it self was not at all agreeable to the way by
which God chose to be worshipped; but their conscience told them it was
good, it therefore became lawful to them, but not good in it self; and God
who is the Father of mankinde saw their heart, and that they meant it for
good, and he was pleased to take it so. But the Conscience (I say) cannot
make it good. For to be <hi>good</hi> or <hi>bad</hi> is wholly another consideration then to
be <hi>necessary</hi> or not <hi>necessary.</hi> This distinction is relative to persons, and there<g ref="char:EOLhyphen"/>fore
can be made by Conscience in the sense above allowed. But <hi>good</hi> and <hi>bad</hi>
is an abstract consideration, and relates to the materiality of the object, and is
before the act of Conscience, not after.</p>
                     <p>6. If the Conscience being mistaken calls a thing <hi>lawful,</hi>
                        <note place="margin">13.</note> which is not so in
the Rule, or Law of God, there the Conscience neither makes an alteration
in the thing, nor passes an obligation upon the person. <hi>Eleonora de Ferrante</hi>
was married to a Spanish Gentleman, who first used her ill, then left her worse.
After some years she is courted by <hi>Andrea Philippi</hi> her Countriman, to marry
him. She inquires whether she may or no, and is told by some whom she
ought not easily to have beleeved, that she may; and so she does. But being
told by her Confessor of her sin and shame, she pretends that she did it <hi>bono
animo,</hi> her conscience was perswaded she might doe it, and therefore hopes to
<pb n="99" facs="tcp:58903:77"/>
be excused or pardoned. He answers her; That her conscience could not
make that lawful which God had forbidden, and therefore she ought not to
pretend conscience; for though her conscience did say it was lawful, she was
not bound to follow it; because thought she must doe nothing that is <hi>unlawful,</hi>
yet she is not tied to doe every thing that is lawful: and though her consci<g ref="char:EOLhyphen"/>ence
can give her <hi>a Law,</hi> yet it cannot give her <hi>a Privilege.</hi> She is bound to
doe what her conscience says is necessary, though it be deceived, and if she does
not, she sins against her conscience, which can never be permitted or excused.
But if her conscience tells her onely <hi>it is lawful</hi> so to doe; if she does not doe
the thing which her conscience permits, she offends it not, because though it
<hi>allows,</hi> yet it does not <hi>command</hi> it. If therefore she does it, and there be an er<g ref="char:EOLhyphen"/>ror
in the conscience, the sin is as great as the error, great as the matter it self;
as if the fact <hi>materially</hi> be adultery, it is also <hi>morally</hi> so, and the perswasion of
the conscience does not excuse it from being such. The reason is plain; For
since the conscience when she <hi>allows</hi> does not <hi>command,</hi> if the person chooses
that thing which materially is a sin, it is in pursuance of her own desires, not in
obedience to her conscience. It is Lust more then Conscience. * But yet
whereas she says she hopes for pardon in this case, there is no question but she
may. For she sinn'd as S. <hi>Paul</hi> did in persecuting the Church; he did it igno<g ref="char:EOLhyphen"/>rantly
and so did she. Here onely was the difference; he was nearer to par<g ref="char:EOLhyphen"/>don
then she; because he thought he was bound to doe so, and therefore could
not resist his conscience so perswaded: she onely thought <hi>she might doe it,</hi>
and therefore might have chosen. The conscience hath power in <hi>obligations</hi>
and <hi>necessities,</hi> but not so much, nor so often in <hi>permissions.</hi>
                     </p>
                  </div>
               </div>
               <div n="3" type="chapter">
                  <head>CHAP. III. Of the Confident, or Erroneous Conscience.</head>
                  <div n="1" type="rule">
                     <head>RULE 1. An Erroneous Conscience commands us to doe
what we ought to omit; or to omit what we
ought to doe, or to doe it otherwise then we
should.</head>
                     <p>
                        <seg rend="decorInit">I</seg>N this there is no other difficulty but in the last clause.<note place="margin">1.</note>
For when our blessed Lord had propounded an in<g ref="char:EOLhyphen"/>stance
of perfection, he that not onely obeyes the
counsel, but thinks it to be a Commandement, and
necessary to be done in all times and persons, enters
into an error at the gate of Zeal, and at the same place
lets out the excellency of his love. Christ hath re<g ref="char:EOLhyphen"/>commended
renunciation of the world, spiritual castra<g ref="char:EOLhyphen"/>tion
for the kingdome of God, dying for our Ene<g ref="char:EOLhyphen"/>mies,
&amp;c. he that in zeal, with charity and prudence follows these advi<g ref="char:EOLhyphen"/>ces
will finde his reward swell high; but he whose zealous desire to grow
towards perfection, shall so determine his practice, as that by degrees he shall
<pb n="100" facs="tcp:58903:78"/>
think these counsels individually necessary, hath abused his conscience, laid
a snare for others, put fetters upon Christian liberty, and is passed into that
state of doing it, that though he entred first by love, he is gone beyond it, and
changed it into fear, and scruple, and superstition: he is at last got so farre that
he would not doe it at all if he durst doe otherwise; and he dares not, because
his love was zealous, and his zeal was imprudent, and his imprudence was a
furious snare, and the passion of a mighty folly.</p>
                     <p>But an erroneous conscience is generally abused by two manners of pro<g ref="char:EOLhyphen"/>ceeding.<note place="margin">2.</note>
1. By a true application of a false proposition: Thus,
<q>
                           <l>Whatsoever is done against my Conscience is a sin.</l>
                           <l>But to allow of Magistrates is against my Conscience.</l>
                           <l>Therefore it is certainly a sin that they be allowed.</l>
                        </q>
The first proposition is not true, unless it be understood of him onely, against
whose conscience it is done, and then it is always true, either <hi>absolutely,</hi> or <hi>re<g ref="char:EOLhyphen"/>latively,
originally,</hi> or <hi>accidentally.</hi> But if it be intended to conclude, that be<g ref="char:EOLhyphen"/>cause
it is against my conscience to allow them, therefore it is simply unlaw<g ref="char:EOLhyphen"/>ful,
or unlawful to every one else, this is a <hi>Paralogism,</hi> and makes an erring
conscience. Or secondly, the conscience is abused, and made erroneous by a
false application of a true proposition.
<q>
                           <l>Whatsoever is forbidden by God is a sin.</l>
                           <l>But every oath is forbidden by God.</l>
                           <l>Therefore every oath is a sin.</l>
                        </q>
Every thing here is true but the conclusion. The second proposition is true,
but not <hi>universally.</hi> For S. <hi>James</hi> saying, <hi>Swear not at all,</hi> forbids all kinds of
oaths materially:<note place="margin">James 5.</note> that is, in that sense in which any is forbidden, in the same
all are forbidden. Without just authority and occasion it is not lawful to swear
<hi>By God,</hi> therefore without such authority, neither is it lawful to swear <hi>by a crea<g ref="char:EOLhyphen"/>ture.</hi>
So that his words mean thus; Except in such a case <hi>swear not at all,</hi> that
is, not with any kinde of oath; for unless that case occurres to warrant it, this
or that oath is criminal as well as any: that is, it is no excuse in common talk
to say, it was but a slight oath, for you must not swear at all, <hi>viz.</hi> in such cir<g ref="char:EOLhyphen"/>cumstances.</p>
                     <p>
                        <hi>The causes of error, are</hi>
                     </p>
                     <p>1. <hi>Ignorance,</hi>
                        <note place="margin">3.</note> either of <hi>right</hi> or <hi>fact.</hi> For no other division of ignorance
can concern the relation of an erring conscience. For although a man is other<g ref="char:EOLhyphen"/>wise
concerned in ignorance if it be <hi>vincible,</hi> otherwise if it be <hi>invincible,</hi> yet
his will is concerned in that <hi>directly,</hi> and his conscience but <hi>collaterally</hi> and <hi>in<g ref="char:EOLhyphen"/>directly.</hi>
                     </p>
                     <p>2. <hi>Fear</hi> whether it be pusillanimous,<note place="margin">4.</note> or superstitious, that is, whether it
begin upon <hi>religion,</hi> or upon <hi>natural imbecillity,</hi> they alike abuse the conscience.
Ignorance makes it erroneous, but takes not away its confidence, but often<g ref="char:EOLhyphen"/>times
increases it: fear makes it erroneous too, and though it begins in doub<g ref="char:EOLhyphen"/>ting,
it ends in a silly choice, which grows to as much confidence as it can, so
much as to establish the error.</p>
                     <p>3. To this usually is reduc'd <hi>a morose humility and abjection of minde,</hi>
                        <note place="margin">5.</note> which
because it looks <hi>pitifully</hi> and <hi>simply,</hi> some men in charity think it <hi>laudable:</hi> so
<hi>Antoninus</hi> particularly; and it is the same that S. <hi>Gregory</hi> recommends, <hi>Bona<g ref="char:EOLhyphen"/>rum
quippe mentium est,</hi>
                        <note place="margin">Part. 1. decret. dist. 6. c. 4.</note> 
                        <hi>ibi etiam aliquo modo culpas suas agnoscere, ubi culpa non
est.</hi> It is the sign of a good minde to accuse themselves of a fault when there
<pb n="101" facs="tcp:58903:78"/>
is none. Which if it relates to the present affairs is dangerous and illusive.
For if the question be in a Case of conscience, and the conscience be deter<g ref="char:EOLhyphen"/>mined
upon its proper grounds innocently and right, there to acknowledge a
fault in the conscience or determination, is to make the Rule it self crooked,
to introduce eternal scruples and irresolution, to disturb our own peace, and a
device to snatch at a reward by thrusting it from us, and to think to please
God by telling of a lie. But if the saying relates to all the whole action in all
its conjugation of circumstances and appendages, then it may consist with <hi>hu<g ref="char:EOLhyphen"/>mility</hi>
and <hi>prudence</hi> both, to suspect a fault where there is none; to fear lest we
have erred by <hi>excess</hi> of degrees in <hi>passion,</hi> or by <hi>remisness</hi> and slackness of <hi>action,</hi>
or by <hi>obliquity</hi> of <hi>intention,</hi> or <hi>intertexture</hi> of some <hi>undecency,</hi> or <hi>weariness,</hi> or
<hi>sensuality,</hi> or <hi>complacency,</hi> and <hi>phantastick deliciousness,</hi> or something secret, and
we know not what: But even in this case, we may best follow S. <hi>Pauls</hi> expe<g ref="char:EOLhyphen"/>dient
and manner of expression, <hi>Nihil mihi conscius sum, I am guilty of nothing,</hi>
my heart smites me not, <hi>yet I am not hereby justified, for God is greater then my
conscience:</hi> I may for ought I know have done something amiss, or my duty
not well, but as I cannot accuse my self, so neither can I acquit my self, but
referre my self to Gods equal and merciful sentence. What goes beyond this
may abuse the conscience, not onely by a secret scruple, but by an evil principle
and false conclusions: and this, although it looks like modesty, and seems con<g ref="char:EOLhyphen"/>trary
to confidence, and therefore cannot be so well reduc'd to this kinde of
conscience, but to the <hi>doubting,</hi> or the <hi>scrupulous;</hi> yet I have chosen to place
it here, for the reason above mentioned. * It looks in at the door with a
trembling eye, but being thrust in, it becomes bold. It is like a fire-stick
which in the hand of a child being gently mov'd, gives a volatile and unfixed
light, but being more strongly turn'd about by a swift circular motion, it be<g ref="char:EOLhyphen"/>comes
a constant wheel of fire: or like a bashful sinner sneaking to his lust, till
he be discovered, and then he is impudent and hardned. And there are very
many wise men who tremble in their determinations, and not being able clearly
to resolve, fall upon one part by chance, or interest, or passion, and then they
are forc'd for their peace sake to put on an accidental hardness, and a volun<g ref="char:EOLhyphen"/>tary,
not a natural confidence. But this confidence is commonly peevish,
impatient, and proud, hating all contradiction and contradictors; because it
was onely an art to sleep, and to avoid the first trouble, and therefore hates
every thing that brings them forth from their phantastick securities.</p>
                     <p>Other causes of an erroneous conscience here usually are assigned but in<g ref="char:EOLhyphen"/>artificially
I suppose,<note place="margin">6.</note> and not of present concernment or relation. Such as are
the <hi>subtraction of the Divine aids,</hi> Gods leaving a man, and giving him over
<gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>, and to beleeve a lie; <hi>perplexity,</hi> or <hi>irresolution,</hi> self-love, pride,
prejudice, and passion; <hi>perit enim omne judicium cùm res transierit in affectum,
quìa affectus obscurat intellectum nè rectè judicet,</hi> said <hi>Seneca.</hi> When affection
sits Judge, there reason and truth are seldome admitted to plead, or if they
are, yet they cannot prevail.
<q>Impedit ira animum nè possit cernere verum.</q>
But these are no otherwise causes of an erroneous conscience, but as they are
causes of ignorance, or deception; for in this case I reckon them to be but
one; an error being nothing else but an ignorance of truth, which whether it
be culpable or inculpable, and at what gate it enters, is of another disquisition,
and shall be reserved to its proper place.</p>
                  </div>
                  <div n="2" type="rule">
                     <pb n="102" facs="tcp:58903:79"/>
                     <head>RULE 2. An erroneous Conscience binds us to obedience, but
not so as a right Conscience does.</head>
                     <p>THE object can move the will no otherwise then as it is propounded by
the understanding.<note place="margin">1.</note> If it be propounded as evil, the will that chooses it
under that formality is criminal and malicious. If it be propounded as good,
the will that rejects it so propounded despises good; for it is so to the will, if
it be so to the understanding, which is the Judge and the immediate rule of
all humane actions. And he that does a good thing while he beleeves it to
be evil, does choose the evil, and refuse the good; for he does therefore
<hi>because</hi> he beleeves it evil, or <hi>though</hi> he thinks it so, and therefore is equally
disposed to choose a real evil; for that this is not so, is but extrinsecal and
accidental to his choice.</p>
                     <p>If this were not thus,<note place="margin">2.</note> but that it were possible to be otherwise, then we
might suppose that a man might doe a thing reasonably, for which he ha<gap reason="illegible" resp="#TECH" extent="1 letter">
                           <desc>•</desc>
                        </gap>h no
reason; and an humane action without the natural process of humanity, that is,
to choose by chance, and unnaturally, to choose for a reason that he hath not,
and a good that appears not, which is like beholding of a thing that he sees
not. The Jew thinks it is his duty to be circumcised, and to keep the Sabbath.
While in this error he is confident, by what argument can he be mov'd to omit
it? If you give him reasons, you seek to cure his error, and to alter his per<g ref="char:EOLhyphen"/>swasion;
but while this perswasion is not altered, how can he be mov'd to
omit it? If you give him no reasons, you desire him to omit it because he thinks
he ought not, and to doe an action because it seems unreasonable, and follow
your opinion because he beleeves it false; that is, to obey you because he
ought not, which is a way not possible to prevail with a wise man, or with a
fool; how it may work with any sort of madness, I know not.</p>
                     <p>But against this Rule,<note place="margin">3.</note> some contend earnestly, in particular <hi>Guilielmus
Parisiensis,</hi> and some that follow him, saying it is impossible that an erring or
a lying conscience should oblige a man to follow i<gap reason="illegible" resp="#TECH" extent="1 letter">
                           <desc>•</desc>
                        </gap>. The thing hath great in<g ref="char:EOLhyphen"/>fluence
upon our whole life, and therefore is worth a strict survey.</p>
                     <p>
                        <hi>Quest.</hi>
                     </p>
                     <p>WHether a false and an abused Conscience can oblige us to pursue the error?</p>
                     <p>That it cannot these reasons are or may be pretended.</p>
                     <p>1. * Because it seems to be absurd to say, that when the error it self is not
a sin at all, or but a little one, that it can be a great sin to follow a mans
own humour against that error; If a man should doe according to his error, it
could at most be but a small sin, and therefore to goe against it cannot be grea<g ref="char:EOLhyphen"/>ter.
For the error can oblige no higher, then its own nature, as rivers can<g ref="char:EOLhyphen"/>not
arise above their fountains.</p>
                     <p>2. But it is a more material consideration;<note place="margin">4.</note> If an erring conscience obliges
us to follow it, then some men are bound to persecute the Church, and the
high Priests sinned not in crucifying Christ; and the zealots of the Jews did
well in afflicting the Apostles and Disciples of Jesus, because they did it ig<g ref="char:EOLhyphen"/>norantly,
and by the dictate of an erring Conscience; and S. <hi>Paul</hi> says of
himself befo<gap reason="illegible" resp="#TECH" extent="1 letter">
                           <desc>•</desc>
                        </gap>e his conversion, <hi>I my self thought I ought to doe many things
against the Name of the Lord Jesus;</hi> and yet he sinned in following his erring
<pb n="103" facs="tcp:58903:79"/>
conscience; and therefore certainly could not be bound to it. In pursuance
of which,</p>
                     <p>3. S. <hi>Bernard</hi> argues thus;<note place="margin">5.</note>
                        <note place="margin">
                           <gap reason="illegible" resp="#TECH" extent="1 span">
                              <desc>〈…〉</desc>
                           </gap> &amp; <gap reason="illegible" resp="#TECH" extent="1 word">
                              <desc>〈◊〉</desc>
                           </gap>.</note> To follow truth is always good; but if by
the conscience we can be bound to follow error, and that in that case it is not
good to follow truth; that is, If a good may become evil by the sentence of
an erring conscience, and so great an evil as it supposes it to be, then by the
same reason that which is evil, may by the like sentence become good, and so
great a good as it is supposed; and then may a man be chast for committing
adultery, and charitable for committing murder, and religious for worshipping
idols, and pious to his Parents in denying to relieve them from the <hi>Corban;</hi> all
which consequents being intolerable, the antecedent which infers them, must
needs be false.</p>
                     <p>4. It is true indeed,<note place="margin">6.</note> the conscience is our Guide and our Lawgiver, our
Judge and our Rule; but it is not our Lord, nor in the present case is it an au<g ref="char:EOLhyphen"/>thentick
record, but a <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>, a heap of lies and errors, and therefore
cannot be a true guide, and we are not tied to follow any leader to hell. Bet<g ref="char:EOLhyphen"/>ter
it is in this case to follow the conscience of a wiser and a better man then
my self, it being more reasonable that we be tied to follow his right, then our
own wrong conscience.</p>
                     <p>5. For if still we were bound to follow our abused conscience,<note place="margin">7.</note> then we
were bound to impossibilities, for then either we were not at all bound to fol<g ref="char:EOLhyphen"/>low
God, or if we were, and yet bound to follow our conscience against God,
we were bound at the same time to doe, and not to doe the same thing; <hi>to
serve two Masters,</hi> which our blessed Saviour said, <hi>No man can doe.</hi>
                     </p>
                     <p>6. But therefore in this case God must be obeyed and not Man;<note place="margin">8.</note> it being
impious to say that the law of our conscience should derogate from, or wholly
evacuate the Law of God, by which alone we ought to be governed. For if
this law of conscience takes away the obligation of the Divine Law, or if the
Divine Law take away the obligation of conscience when it erres, then they
must cease respectively; and the event will be this, that as long as Gods Law
binds us (which is for ever) the law of an erring conscience cannot binde us.</p>
                     <p>7. And there are in this,<note place="margin">9.</note> great proportions of reason. For if the will
be bound to lay down all its rods and axes, all the ensigns of Empire at the
foot of the throne of God, doing or refusing by the command of God against
its own inclination, it will not be imagined that the conscience, that is, the
practical understanding hath any such privilege indulged to it, that it can be
exempt from the jurisdiction of God, or that it can oblige in defiance of his
Laws.</p>
                     <p>8. For it is certain,<note place="margin">10.</note> conscience is Gods creature, bound to its Lord and
Maker by all the rights of duty and perfect subordination, and therefore can<g ref="char:EOLhyphen"/>not
prejudice the right and power of its Lord; and no wise man obeys the
orders of a Magistrate against the express Law of his King; or the orders of
a Captain against the command of his General; and therefore neither of con<g ref="char:EOLhyphen"/>science
which is Gods messenger, against the purpose of the message with which
God intrusted it. However, it is better to obey God then man; to follow
the Law of God then to goe against it; to doe that which we should, rather
then that which we should not.</p>
                     <p>9. And there can be no more necessity upon us to follow our conscience
teaching us,<note place="margin">11.</note> then our conscience binding us; and yet if a contract that is vici<g ref="char:EOLhyphen"/>ous
be made, or an oath that is unlawful be uttered, the obligations of consci<g ref="char:EOLhyphen"/>ence
<pb n="104" facs="tcp:58903:80"/>
cease, because they are against the Law of God; and how then can con<g ref="char:EOLhyphen"/>science
against this Law of God in any sense pass an obligation? But this ra<g ref="char:EOLhyphen"/>ther,
that as we are bound not to commit a crime, so not to follow an error
and a lie.</p>
                     <p>10. For it is impossible that our opinion,<note place="margin">12.</note> or falsly perswaded conscience
should make any alteration in the thing; If it was evil in it self, it is so still;
and my thinking that Mercury is not poyson, nor Hellebore purgative, cannot
make an Antidote and deletery against them, if I have upon that confidence
taken them into my stomach; and the Sun is bigger then the Earth, though I
foolishly think it no wider then a Bushel. And therefore in such cases the con<g ref="char:EOLhyphen"/>science
can have no power, and can binde us to nothing but to lay our error
down. Because as to him that is in error, it were madness to bid him erre more;
so to him that hath an erring conscience, it were equally evil to bid him pur<g ref="char:EOLhyphen"/>sue,
and actuate and consummate his error; which yet he were bound to doe,
if an erring conscience could binde him.</p>
                     <p>11. Lastly if an erring conscience binds us to obedience,<note place="margin">13.</note> it either binds
us by its own independent, ingenite power, or by a power deriv'd from God.
If by a power deriv'd from God, then God commands us to beleeve a lie, to
commit a sin, to run after false fires and illusions, which to affirm, seems to be
blasphemy; but if it binds us by its own power, then our conscience can
make Gods Law to become unlawful to us, and we shall be stronger then God,
and a mans self becomes his own rule; and he that is deceiv'd by a false opi<g ref="char:EOLhyphen"/>nion
is a Lawgiver to himself, and error shall be the measure of good and evil.</p>
                     <p>These are the arguments which are used by several persons respectively in
verification of the opinion of <hi>Parisiensis,</hi>
                        <note place="margin">14.</note> which I have not onely heap'd here
together, but added some and improved the rest, that by the collision of these
with their answers, the truth might be made more useful and evident; and di<g ref="char:EOLhyphen"/>vers
collateral things incident to the main question might be spoken of; and
those arguments remain valid which I brought for the affirmative in the first
and second paragraphs of this Rule. To the first therefore I answer:</p>
                     <p>1. That it is not <hi>the error</hi> that binds us to follow it,<note place="margin">15.</note> but the <hi>conscience in
error;</hi> and therefore although the error can have no force greater then its own
nature and proper <hi>energy,</hi> yet our conscience can binde beyond the force of
error. As if a General commands a Souldier to turn to the right hand under
pain of death; if he mistaking turn to the left, the event is greater then can be
effected by the intentional relations of right or left hand, but depends upon the
reason, and the command, the power and empire of the General.</p>
                     <p>2. To the second,<note place="margin">16.</note> I answer, That it follows not, because the erring con<g ref="char:EOLhyphen"/>science
binds, therefore the obedience is not a sin. For such is or may be the
infelicity of an abused conscience, that if it goes forward, it enters into folly,
if it resists, it enters into madness, if it flies, it dashes its head against a wall,
or falls from a rock, if it flies not, it is torn in peeces by a Bear; and the
very instances make it clear; the Rulers of the Jews and S. <hi>Paul</hi> were both
called to repent of that which they did in obedience to their erring conscience,
which cannot legitimate impiety, but onely make the one or the other instance
to be unavoidable.</p>
                     <p>3. To that which S. <hi>Bernard</hi> objects, the answer is easy upon another ac<g ref="char:EOLhyphen"/>count;
for conscience may make a good thing evil to it, because besides the
<pb n="105" facs="tcp:58903:80"/>
goodness of the object to make an action lawful there is required the faith and
perswasion of the Agent; and if this be wanting, as it is in an erring consci<g ref="char:EOLhyphen"/>ence
that beleeves not the goodness of it, the action is evil, by reason of the
destitution of an integral part. For, <hi>Bonum ex integra causa, malum ex qualibet
particulari,</hi> and by the same reason, conscience cannot make an evil thing good,
because besides the perswasion of conscience, there is required the goodness
of the object, which if it be wanting, one ingredient cannot make it good, all
must enter into the constitution of good, though the want of one is enough to
spoil it.</p>
                     <p>4. To the fourth I answer,<note place="margin">18.</note> That because the conscience is in error, and
the principle within it is a <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>, a false record, therefore it is true,
that we are not absolutely tied to follow its conduct, but we are tied to lay
the error aside, that we may follow it in streight ways; but in the present
constitution of affairs it is miserable, and because we must follow our leader, that
is, all that can goe before us; we doe goe to hell, or to mischief, not that we are
by God bound to do <hi>this,</hi> but only to doe <hi>that;</hi> and it is by our own fault that
we are bound to fall into an evil portion, God binds us to follow our consci<g ref="char:EOLhyphen"/>ence,
we spoil it by some folly or other, and then we follow it; the evil ap<g ref="char:EOLhyphen"/>pendage
is our own, the Law by which God bound us was holy. Nature re<g ref="char:EOLhyphen"/>quires
of us to drink at our meals: But if we have corrupted all our beaurage,
we must drink unwholsome draughts, but yet nature did not binde us to
this misfortune.</p>
                     <p>5. And therefore the answer to the next objection provides us of a re<g ref="char:EOLhyphen"/>medy
against the former.<note place="margin">19.</note> We are bound <hi>absolutely</hi> to follow the Law of God;
but we are bound to follow the contrary law of conscience erring, <hi>conditio<g ref="char:EOLhyphen"/>nally</hi>
and <hi>by accident,</hi> that is, because <hi>we</hi> have made our rule <hi>crooked</hi> which <hi>God</hi>
had made <hi>streight.</hi> For to be <hi>absolutely</hi> and <hi>irrespectively</hi> bound to follow <hi>God,</hi>
and yet <hi>respectively</hi> and <hi>by accident</hi> to be bound to follow <hi>the contrary conscience,</hi>
are not incompossibilities, or the parts of a contradiction, because they are
not <hi>ad idem,</hi> not in the same regards. But then, since it is impossible that both
these should be actually followed, therefore God does not command us to
follow our conscience and not to follow it at the same time, but to follow
our conscience, and to lay aside the error, and then both parts are reconcil'd;
for God and the conscience are but <hi>accidentally</hi> opposed, and God command<g ref="char:EOLhyphen"/>ing
us to follow our conscience; took care that at the same time we should fol<g ref="char:EOLhyphen"/>low
God too, and therefore God taught our conscience, but when we get
other teachers, we make it impossible to obey God. Let us submit our con<g ref="char:EOLhyphen"/>science
to God, that is, lay aside our error, and then <hi>God</hi> and <hi>Conscience</hi> are <hi>not
two</hi> Masters, <hi>but one,</hi> that is, God; and Conscience is his Deputy and subordi<g ref="char:EOLhyphen"/>nate.
And in order to this, it is not ill advised in the fourth objection, to follow
the right conscience of a wiser man; to doe so is a good expedient for the lay<g ref="char:EOLhyphen"/>ing
down our error; but it is not directly obligatory, so long as the error is
confident; for I must not follow a wiser man in his right, if I beleeve him to be
in the <hi>wrong,</hi> and if I beleeve him to be in the <hi>right,</hi> and he really be so, then
I have laid aside my error, and indeed to doe this is our duty; but this can<g ref="char:EOLhyphen"/>not
be done till the error be discovered, till then I must follow my own con<g ref="char:EOLhyphen"/>science,
not the conscience of another man.</p>
                     <p>6. To the sixth I answer,<note place="margin">20.</note> That the law of Conscience cannot derogate
from the Law of God, when they are placed in the eye of reason over against
each other; that is, when the Conscience sees the Law of God, no law, no
<pb n="106" facs="tcp:58903:81"/>
perswasion, no humor, no opinion can derogate from it. But an <hi>erring confident
conscience</hi> beleeves that it follows God when it does not. So that the law of God
hath here a double effect. The Law of God apprehended by the Conscience
binds him to action: But the Law of God real and proper binds the man to
lay aside his error. For he that goes against the matter and the instance of the
Law of God, does yet at the same time obey the sanction and authority,
because he proceeds to action in obedience to, and in reverence of the Law of
God. The wife of <hi>Amphitruo</hi> was kinde to her lord, when she entertain'd <hi>Ju<g ref="char:EOLhyphen"/>piter</hi>
in his semblance; and for <hi>Sosia</hi>'s sake <hi>Mercury</hi> was made much of: and
because the error is dress'd like truth, for truths sake we hugge and entertain the
error. So here. The Law of God is not despised, much less evacuated by fol<g ref="char:EOLhyphen"/>lowing
the dictate of Conscience, because it is for the sake of Gods Law that
this conscience is followed. And therefore since by accident they are made
opposite; the event of it cannot be that one must cease, for both may and must
stand, but nothing must cease but the error.</p>
                     <p>7. And therefore although the will must cease from its own pleasure,<note place="margin">21.</note>
when Gods will is known to be clear against it, yet the understanding must
not cease from that which it supposes to be the will of God, till the error be
discovered, but when it is, then it must as much cease from its own ways
as the will must, for every understanding as well as every proud will, must
be submitted to the obedience of Jesus.</p>
                     <p>8. For Conscience being Gods creature,<note place="margin">22.</note> and his subordinate, cannot pos<g ref="char:EOLhyphen"/>sibly
prejudice the rights of God, for as soon as Gods right appears, and his
Laws are read, conscience doth and must obey; but this hinders not but that
conscience must be heard when she pretends the Law of God for her warrant,
so long as it is not known but that she says true.</p>
                     <p>9. For it is in this as it is in contracts and oaths,<note place="margin">23.</note> so long as they seem
lawful they must be observed, and must not be rescinded until it be discovered
that they are against the Law of God, and so it is with the dictates of an erring
conscience.</p>
                     <p>10. And the reason is plain,<note place="margin">24.</note> because conscience does not make a real
change in extreme objects (as I have formerly discoursed) the things are good
or bad by their proportions to Gods Law,<note place="margin">Cha. 2. Rule 9.</note> and remain so, whatever the consci<g ref="char:EOLhyphen"/>ence
thinks: But yet they put on vizors and shapes, and introduce acci<g ref="char:EOLhyphen"/>dental
obligations by error. Indeed the error brings in no <hi>direct obligation</hi>
but that it be discovered and laid down: but so neither can it hinder but that
Conscience shall still retain the power that God hath given it <hi>directly</hi> and <hi>prin<g ref="char:EOLhyphen"/>cipally;</hi>
that is, that it be the Mans rule and guide. For the fallacy that runs
thorough all the objections is this, that the <hi>Erring Conscience</hi> is in its obliga<g ref="char:EOLhyphen"/>tion
considered as <hi>erring.</hi> Now it does not binde, as <hi>Erring,</hi> but as <hi>Consci<g ref="char:EOLhyphen"/>ence;</hi>
that is, not by its <hi>Error,</hi> but by its <hi>Nature,</hi> and the power of God, as
being the reporter and record of his commands. Against which, he that
bids our conscience to proceed indeed gives ill counsel. He that counsels a
man to follow his erring conscience, invites him to folly; he tells him he is
in error, and bids him not lay it down. But he that advises him to follow his
conscience, though it happens in the truth of things that his conscience be in
error, meddles not at all in the countenancing the error, but in the power
of conscience.</p>
                     <p>
                        <pb n="107" facs="tcp:58903:81"/>
11. For all the obligation which our conscience passes on us is derivative
from God,<note place="margin">25.</note> and God commands us to follow our conscience, but yet he com<g ref="char:EOLhyphen"/>mands
us not to sin; because his commanding us to follow our conscience
supposes our conscience instructed by the word of God and right reason, and
God had appointed sufficient means it should be; but that conscience offers
a sin to the obedience is wholly the mans fault, and besides the intention of
God. God hath not made us to sin, but hath committed us to the conduct of
Conscience, which by prevaricating its instructions hath betrayed us.</p>
                     <p>By this it appears what manner of obligation is pass'd upon us by an erring
Conscience;<note place="margin">26.</note> the Conscience always hath the same commission as being the
same faculty, the same guide: but because it self is bound to the Laws of
God and right reason, so farre as it follows them, so farre it binds. But because
when it is in error, it also pretends them, by them it still binds, till the illusion
be discovered. <hi>Durandus</hi> expressed this by a distinction of words, in which him<g ref="char:EOLhyphen"/>self
onely made the difference. <hi>Ligat, sed non obligat.</hi> So he. That is, it hath
not the same power that is in a right conscience. But it binds us so that we
cannot proceed to good. <hi>A right Conscience</hi> directly and finally binds us to the
action it self: An <hi>erring Conscience</hi> cannot doe that, because the action it offers
is criminal, but it makes us take that in stead of what it ought to binde us to:
That is, it hath the same authority, but an evil exercise of it; <hi>The formal ob<g ref="char:EOLhyphen"/>ligation</hi>
is the same, but when it comes to be instanc'd, it binds us to that in
which it hath no power. For though it hath power over us, yet it hath no
direct power in that particular matter.</p>
                     <p>
                        <hi>Cordubensis</hi> and <hi>Vasquez</hi> contradict this expression of <hi>Durandus,</hi>
                        <note place="margin">27.</note> affirming
that an erring conscience does <hi>ligare &amp; obligare;</hi> I cannot well translate the
words into a distinction, but their meaning is this, that we are not bound posi<g ref="char:EOLhyphen"/>tively
to follow the error, but yet so that we must not doe the contrary.
Which indeed is the same thing; and they going to reprove <hi>Durandus</hi> his di<g ref="char:EOLhyphen"/>stinction
that hath no difference, they doe it by a contradiction that hath in it
no opposition. For to say that an erring conscience does so binde us that we
must not contradict it, is to say that it positively binds us to follow it. For if
it commands us to follow it, and we must not goe against that command, is
it not notorious and evident that we must positively follow it? But for the
establishing the measures of obedience in the present case, these following rules
are the best proportions.</p>
                     <p>
                        <hi>The measures of obedience due to an erring Conscience.</hi>
                     </p>
                     <p>1. If an erring conscience commands a thing that is of it self indifferent,<note place="margin">28.</note>
we are bound to follow it, and we may doe it without sin. Because if it be in<g ref="char:EOLhyphen"/>different,
it is therefore lawful, and it cannot cease in it self to be lawful, by
being supposed to be necessary. Indeed if a Governour commands us to doe
a thing indifferent, and says it is necessary, we may not doe it under that com<g ref="char:EOLhyphen"/>pliance;
that is, we may not betray our Christian liberty, and accept that as
simply necessary which Christ hath left under liberty. We must doe the thing,
but not own the necessity. But if an erring conscience bid us doe an <hi>indiffe<g ref="char:EOLhyphen"/>rent,</hi>
and represent it as <hi>a necessary action,</hi> though it may be a sin to beleeve it
necessary, yet it is no sin to doe the action. For nothing that supervenes can
alter the nature of the thing, and a new personal necessity introduc'd by an
erring conscience, by making it seem necessary to him, changes it not from
<pb n="108" facs="tcp:58903:82"/>
being lawful in it self. But then it inferres this also, that as it may be done
without sin, so without a sin it cannot be left undone: Because the error
hath made it <hi>personally necessary,</hi> and the truth of God hath made it <hi>lawful
really.</hi>
                     </p>
                     <p>2. If an erring conscience dictate a thing to <hi>be good</hi> which is <hi>not good,</hi>
                        <note place="margin">29.</note> not
to follow that dictate, and not to doe that thing is no sin. Because every good
is not necessary, and it may be good or seem so, and yet to omit it in certain
circumstances, may be equally good or better.</p>
                     <p>3. If an erring conscience affirm that <hi>which is good,</hi> or which is <hi>indifferent,</hi>
                        <note place="margin">30.</note>
to be <hi>evil and vicious;</hi> as if it says, it is a sin to spit upon the pavement of a
Church, or that it is superstition to serve the poor in an Hospital, it is no sin to
omit that indifferent or that commendable action; because here is no com<g ref="char:EOLhyphen"/>mand
of God to countermand the resolution of conscience, and therefore
the error may become a snare and a hindrance, but no direct cause of sin; be<g ref="char:EOLhyphen"/>cause
such actions in themselves not being necessary, it cannot be criminal
upon a less reason to omit them. * But upon the same account it is a sin to do
them, because they are not of faith, and the conscience being perswaded against
them, they are sins. For any deficiency of a necessary ingredient makes a
sin.</p>
                     <p>4. If an erring conscience say that such an action is <hi>lawful onely,</hi>
                        <note place="margin">31.</note> when of
it self it is <hi>good and laudable,</hi> we sin not if we doe it, or if we doe it not. For
in this case neither is there any <hi>direct obligation</hi> from <hi>God,</hi> nor any <hi>indirect obli<g ref="char:EOLhyphen"/>gation</hi>
from <hi>Conscience,</hi> and therefore the man is wholly permitted to his liber<g ref="char:EOLhyphen"/>ty:
although it may be a pious action to pray kneeling on the ground with
bare knees, or prostrate on our faces, yet if conscience says it is in no sense <hi>lau<g ref="char:EOLhyphen"/>dable,</hi>
but that it is <hi>lawful onely,</hi> we may safely doe it; but then there is no
other effect of such an action, then there is of scratching a mans head with one
finger, and it cannot be commendable in him to doe an action in which he be<g ref="char:EOLhyphen"/>leeves
there is no worthiness.</p>
                     <p>5. If an erring conscience commands what is <hi>simply evil,</hi>
                        <note place="margin">32.</note> or forbids to
doe that which is <hi>absolutely commanded,</hi> the man sins whether he obeys, or
obeys not. In one case he sins against his <hi>Rule,</hi> and in the other against his
<hi>Guide:</hi> and any one miscarriage is enough to introduce a sin. But this will be
the matter of the next Rule. The use of these Rules is not at all effective
upon erring consciences, while the error remains: for the advices supposing
the error are not applicable to them who will not suppose themselves in er<g ref="char:EOLhyphen"/>ror.
But they are applicable to consciences recovered from their error, and
are useful in the conduct of their repentance, because they describe the respe<g ref="char:EOLhyphen"/>ctive
measures of sin and innocence, and what obligations of sorrow and amends
are left behinde when the error is gone.</p>
                     <p>To these may be added those Rules which I have already given, concer<g ref="char:EOLhyphen"/>ning
the changes which can be made in moral actions, by the perswa<g ref="char:EOLhyphen"/>sion
and force of Conscience, <hi>Chap.</hi> 2. <hi>Rule</hi> 9.</p>
                  </div>
                  <div n="3" type="rule">
                     <pb n="109" facs="tcp:58903:82"/>
                     <head>RULE 3. A Conscience erring vincibly or culpably is an un<g ref="char:EOLhyphen"/>avoidable
cause of sin, whether it be resisted, or
complied with.</head>
                     <p>WHEN the error proceeds of malice or negligence,<note place="margin">1.</note> the man is guilty
according to the venome of the ingredient; there is a sin in the prin<g ref="char:EOLhyphen"/>ciple,
and this leads to an action materially evil. He that makes assemblies
against his Prelate, and thinks he may lawfully doe it, does an action for which
by the Laws he is punishable; but to God he is to answer besides the action,
for the sin that led him to that error.</p>
                     <p>
                        <hi>Quest.</hi>
                     </p>
                     <p>BUT if it be inquired,<note place="margin">2.</note> whether that also be a sin which is an obedience to
his Conscience, that is, whether the <hi>instance of the action</hi> be a sin, beside the
<hi>malice of the principle,</hi> and so every such action become a double sin? I an<g ref="char:EOLhyphen"/>swer,
that it is according as the instance is.</p>
                     <p>1. If it be <hi>against a prime principle,</hi>
                        <note place="margin">3.</note> in which we are naturally, or any way
greatly instructed, then the error is culpable in that manner that it remains <hi>vo<g ref="char:EOLhyphen"/>luntary</hi>
all the way; and then not only the <hi>introduction</hi> or first principle, but the
effect also is a sin. The man hath onely put a blinde before his eyes, and in eve<g ref="char:EOLhyphen"/>ry
reflex action it is discovered, and he knows it habitually all the way. * And
therefore in this case the conscience ought not to be obeyed.<note place="margin">Castropal. tom. 1. dis. 1. punct. 6. n. 3.</note> For the <hi>Consci<g ref="char:EOLhyphen"/>ence</hi>
is but <hi>imperfect</hi> and <hi>equivocal, violent</hi> and <hi>artificial.</hi> It is perswaded in the
<hi>act,</hi> and convinced of the evil in the <hi>habit</hi> or <hi>reflex act,</hi> and is no otherwise
deceived, then a man is blinde that wears a hood upon his eye.</p>
                     <p>2. If the Conscience be possessed with a damnable error,<note place="margin">4.</note> and in a great
matter, and this possession is a <hi>dereliction</hi> and a punishment from God for other
crimes, it is no matter whether we call the consequent action a sin or no. For
the man is in a state of reprobation, and the whole order of things and actions
in that state are criminal formally or equivalently. His prayers are an abomi<g ref="char:EOLhyphen"/>nation;
and if so, then the actions that are materially evil, are much worse, and
in estimation, are prosecutions of the state of sin. Of this sort are they that
are given over to beleeve a lye; all the consequent actions are sins, just as the
envies and blasphemies of damned people are sins, or as the acts of Devils
are imputed: they are consigned to death, and all the consequent actions
are symbolical; and it will be always so, unless they can return to a state of re<g ref="char:EOLhyphen"/>pentance.</p>
                     <p>3. If the Conscience be abused in a <hi>deduction, consequence,</hi> or less certain
proposition,<note place="margin">5.</note> by evil arts and prejudice, by interest and partiality, there is so
much evil in the whole determination, as there was in the introducing cause
of the error, and no more. For if the action consequent to the perswasion were
also a sin, then it ought not to be done; but because in this case the conscience
ought to be obeyed, though in the whole affair there is a sin, and it is unavoi<g ref="char:EOLhyphen"/>dable,
yet the sin is antecedent to the action and determination, but no pro<g ref="char:EOLhyphen"/>per
appendage or qualification of it. And since the object in the present case
transmits honesty and equity into the action, not according to what it is in
the thing, but according to what it is in reason, it must needs be that we are
<pb n="110" facs="tcp:58903:83"/>
obliged according to what we finde it to be in Conscience. For in this case
we know not what it <hi>is in it self,</hi> and therefore by it we cannot be guided to
choose or to refuse; but because we must be guided by something, it must be
wholly by <hi>opinion</hi> and <hi>conscience.</hi>
                     </p>
                     <p>4. If the Conscience be weakly and innocently misguided,<note place="margin">6.</note> there is no sin
either in the error, or in the consequent action. Because no man is bound to
doe better then his best; and if he hath no sin in the principle of his error, it
is certain he did his best, that is, he did all his duty, and then to proceed by the
best light he hath, is agreeable to right reason and to Religion.</p>
                     <p>Upon the ground of these Conclusions we may easily inferre,<note place="margin">7.</note> that though
an erring conscience is to be followed (as it is above explained) and yet that
God also is intirely to be followed, and that therefore a man by accident, and
by his own fault may be intangled <hi>in nervis testiculorum Leviathan</hi> (as S. <hi>Gre<g ref="char:EOLhyphen"/>gories</hi>
expression is out of <hi>Job</hi>) in the infoldings of sin and Sathan, and cannot
escape innocently so long as he remains in that condition; yet because he need
not remain in that condition but either by suspecting himself, or being
admonished by another, by inquiry and by prayer he may lay his error down,
it follows that to obey God never hath an unavoidable <hi>dilemma,</hi> and never is
impossible so long as the man is in a state and possibility of repentance. Be<g ref="char:EOLhyphen"/>cause
every error that infers an action that is formally as well as materially
sinful, not onely ought but may also be deposed or laid down, because in such
cases no man is invincibly abused. No man can ever be in that condition, that
to love God shall become a sin to him; because no man can really be igno<g ref="char:EOLhyphen"/>rant,
or properly entertain this opinion, that it is a sin to love God; that re<g ref="char:EOLhyphen"/>bellion
is lawful; that adultery is no sin; that it can be lawful to strike a Prince
for justice; or to break a Commandement to preserve the interest of a Sect; that
a man may rob God in zeal against idolatry and images. These things are so
plainly taught, that an error in these cannot choose but be malicious.</p>
                     <p>But when the error is in such cases where either it is <hi>invincible</hi> and irre<g ref="char:EOLhyphen"/>mediable,<note place="margin">8.</note>
or where weakness pleads excuse, the action is in that degree inno<g ref="char:EOLhyphen"/>cent
in which the error is <hi>unavoidable.</hi> And if it could be otherwise, then a
case might happen in which by the Laws of God a man could be bound to that
which is <hi>intrinsecally</hi> evil, and then God and not man were the Author of
the sin.</p>
                     <p>
                        <hi>The summe is this.</hi>
                        <note place="margin">9.</note> 
                        <hi>God</hi> is <hi>Supreme,</hi> and <hi>Conscience</hi> is his <hi>Vicegerent</hi> and <hi>Sub<g ref="char:EOLhyphen"/>ordinate.</hi>
Now it is a certain, that the Law of an <hi>inferiour</hi> cannot binde against
the command of a <hi>Superiour when it is known.</hi> But when the <hi>Superiour</hi> commu<g ref="char:EOLhyphen"/>nicates
the notices of his will by that <hi>inferiour,</hi> and no otherwise; the subject
is to obey that inferiour, and in so doing he obeys both. But the Vicegerent
is to answer for the misinformation, and the Conscience for its error, accor<g ref="char:EOLhyphen"/>ding
to the degree of its being culpable.</p>
                  </div>
                  <div n="4" type="rule">
                     <pb n="111" facs="tcp:58903:83"/>
                     <head>RULE 4. It is greater sin to doe a good action against our
Conscience, then to doe an evil action in obedi<g ref="char:EOLhyphen"/>ence
to it.</head>
                     <p>THIS Rule concerns <hi>degrees onely,</hi>
                        <note place="margin">1.</note> but is useful in the conducting some
actions of <hi>repentance;</hi> and it is to be understood to be true onely in equal
cases, and when there is no circumstance aggravating one part. Frier <hi>Clement</hi>
the <hi>Jacobine</hi> thinks erroneously, that it is lawful to kill his King. The poor
<hi>Damoiselle Faucette</hi> thinks it unlawful to spit in the Church: but it happened
that one day she did it against her conscience; and the Frier with his consci<g ref="char:EOLhyphen"/>ence
and a long knife killed the King. If the question be here, who sinn'd
most, the disparity is next to infinite, and the poor woman was to be chidden
for doing against her conscience, and the other to be hang'd for doing accord<g ref="char:EOLhyphen"/>ing
to his. Because the Friers error could not be invincible and inculpable, hers
might; and in such questions, the effect of which is of so high concernment,
because the errors in them are supreme and dangers, the inquisition ought
to be very great where there can be difficulty, and therefore the negligence
is always intolerable, and it is malicious where the discovery is easy, as it is
in these cases. And therefore in so different <hi>materials</hi> the case can no way be
equal, because in one there is a <hi>greater light,</hi> a more <hi>ready grace,</hi> a <hi>perfect instru<g ref="char:EOLhyphen"/>ction,</hi>
an <hi>evident provision,</hi> and <hi>open restraint,</hi> and a <hi>ready Commandement.</hi>
                     </p>
                     <p>But when the effect of the <hi>Questions</hi> are equal and not differenced by
accidents,<note place="margin">2.</note> the rule is certain upon this reason: Because a sin done <hi>against know<g ref="char:EOLhyphen"/>ledge,</hi>
is greater then a sin done <hi>ignorantly.</hi> He that sins against his conscience,
sins against all his knowledge in that particular. But if he sins against a Com<g ref="char:EOLhyphen"/>mandement,
which he knows not to be such, he sins ignorantly, and therefore
the more excusably. <hi>But I found mercy</hi> (saith S. <hi>Paul) for I did it ignorantly
in unbeleef.</hi>
                     </p>
                     <p>Upon this account it comes to be <hi>the same kinde,</hi>
                        <note place="margin">3.</note> and <hi>the same degree</hi> of
crime to sin against <hi>an erring,</hi> and to sin against <hi>a right Conscience</hi> in the same in<g ref="char:EOLhyphen"/>stances.
He that omits to hear Divine service on <hi>a Festival</hi> when he hath no
reasonable impediment, and he who omits it upon a Common day, which he
erroneously supposes to be <hi>a Festival,</hi> hath equally prevaricated the Law of the
Church, and the analogy of the Commandement of God on which this of the
Church is founded, they being equally against his rule by which he is to walk,
and this error hath no influence upon the will, or choice, but is wholly ex<g ref="char:EOLhyphen"/>trinsecal
to it. But this is to be understood in <hi>errors of fact,</hi> and such as are
<hi>inculpable,</hi> and have no effect, and make no change in the will.</p>
                     <p>And therefore in our penitentiall sorrows and expiations we need not be
curious to make a difference of them which have the same formal malice;<note place="margin">4.</note> and
if we be taught to make any, it may have this evil consequence in it, that we
may love our ignorance, and flatter our selves in our irregularities, which we
think will not be so severly imputed, by reason of the error. If this be a
great crime to disobey our <hi>Conscience</hi> teaching us righteous and true propo<g ref="char:EOLhyphen"/>sitions,
it is on the other side also very great to suffer our <hi>Conscience</hi> to be so
misled, that a good action shall become criminal by such mistaking; so that
<pb n="112" facs="tcp:58903:84"/>
besides the departing from our Rule which is equal in both, they have their
own superadded evil to weigh against each other.</p>
                  </div>
                  <div n="5" type="rule">
                     <head>RULE 5. It is not lawful to delight in an evil action (after the
discovery of our error) which we did innocently
in an erroneous Conscience.</head>
                     <p>THE case is this;<note place="margin">1.</note> 
                        <hi>Quintus Hortensius</hi> received a forg'd Will of <hi>Minutius</hi>
from some <hi>Haeredipetae</hi> or <hi>Testamentary cheaters,</hi> and because they offered
to verify it, and to give him a share, he defended the forgery and possessed his
part; but when he afterwards perceived the cheat, and yet detained the pur<g ref="char:EOLhyphen"/>chase,
he grew infamous: It was <hi>innocent</hi> till he knew it, but then it was <hi>crimi<g ref="char:EOLhyphen"/>nal.</hi>
He should not have pleased himself in it, because he should have restor'd
it. But in this there is no question.</p>
                     <p>But when the possession or purchase may lawfully remain,<note place="margin">2.</note> there is some
difference in the decision of the question. <hi>Spurinna</hi> striking a Stag, involun<g ref="char:EOLhyphen"/>tarily
and unwittingly kils his brother, and becomes rich by the inheritance.
Here the man must separate the effect from its relation, and so proceed: The
inheritance was a blessing, the accident was a misfortune; and if he may not
rejoyce in that, he may not give thanks for it, but as for a cross. But if he plea<g ref="char:EOLhyphen"/>ses
himself in the way of his entrance to it, he had a minde ready to have
kill'd his brother if he durst, or at least did secretly wish him dead, that he
might openly have his living. In this there is no great difficulty to make the
separation. God strikes a man with blindness, and gives him a good memory;
he sighs for that, and rejoyces for this. A little Metaphysicks makes this ab<g ref="char:EOLhyphen"/>straction.</p>
                     <p>2. But concerning the act when it is discovered to have been evil,<note place="margin">3.</note> he is
to have no other complacency, but because he did it ignorantly. He that suf<g ref="char:EOLhyphen"/>fers
nocturnal pollution, if he finds a remedy by it, is to rejoyce that himself
suffered it involuntarily, that is, he may rejoyce that he did not sin; and of the
innocence of the joy, he can have no other testimony but by his hating the act
in all cases in which it is a sin, and refusing to doe it. But the French woman
whom <hi>Myl. Montaigne</hi> speaks of, who having suffered a rape by divers Soul<g ref="char:EOLhyphen"/>diers,
gave God thanks that without sin she had enjoyed pleasure, had a crimi<g ref="char:EOLhyphen"/>nal
joy, and delighted in the action, for the voluntary entertainment of which
she onely wanted an excuse.</p>
                     <p>3. If we consider the whole conjunction of things together,<note place="margin">4.</note> the evil act
with the advantageous effect, we are to be indifferent to joy and sorrow, that
is, to doe neither directly, but to look on it as an effect of the Divine provi<g ref="char:EOLhyphen"/>dence
bringing good out of evil, and to fear lest a joy in the whole should en<g ref="char:EOLhyphen"/>title
us too nearly to the sin by the relation of an after act and approbation;
or lest we be so greedy of the effect that we be too ready to entertain the like
upon terms equally evil, but less fortunate.</p>
                     <p>4. This is also to be understood onely in such cases, in which we are not
oblig'd to restitution. For if we rejoyce in that effect which we ought to de<g ref="char:EOLhyphen"/>stroy,
<pb n="113" facs="tcp:58903:84"/>
we recal the sin from the transient action, and make it dwell with
the possession, and then the first involuntary error becomes a chosen ra<g ref="char:EOLhyphen"/>pine.</p>
                     <p>5. If the action was onely <hi>materially,</hi>
                        <note place="margin">6.</note> and therefore <hi>innocently,</hi> an error
against a humane Law, and turns to our secular advantage, we are more at li<g ref="char:EOLhyphen"/>berty
to rejoyce and please our selves in the advantage. Because humane Laws
make no action <hi>intrinsecally</hi> and <hi>essentially</hi> evil, but onely <hi>relatively</hi> and <hi>extrin<g ref="char:EOLhyphen"/>secally.</hi>
And therefore the danger is not so great of polluting the conscience by
the contact and mingling of the affections with the forbidden action. He that
eats flesh in Lent in those places and circumstances where it is forbidden, and
did not remember it was Lent, or did not know it, and by so doing, refreshes
himself well, and does advantage to his health, may not be accused easily if he
delights in the whole action, as it joyns the error and the advantage. For be<g ref="char:EOLhyphen"/>sides
the former reason, this also is considerable; that humane Laws not being
so wise and excellent as Divine Laws doe bend more easily and readily, that
they may comply with the ends of charity and gentleness, and have in them
a more apt dispensation, and almost offer themselves to goe away, when a
greater good comes in their room. But of this in its due place.</p>
                     <p>6. In actions <hi>materially</hi> evil against the Divine Laws,<note place="margin">7.</note> if the event cannot
be clearly separated from the irregularity, the first innocent error is by the
after pleasure turned into a direct sin. <hi>Cneius Carbo</hi> lay with <hi>Laelia</hi> unwittingly,
supposing her to be his wife <hi>Posthumia,</hi> but afterwards having discovered the
error was pleased in the mistake, because he by the arts of fancy did by an after
thought represent to himself the change and the variety, and then he was adul<g ref="char:EOLhyphen"/>terous.
For to be pleased in the mistake which brings no advantage separable
from the sin, is directly to choose the sin for the advantage sake; and this was
<hi>Carbo</hi>'s case.</p>
                  </div>
                  <div n="6" type="rule">
                     <head>RULE 6. An innocent, or invincibly erring Conscience is to
be obeyed even against the known Commande<g ref="char:EOLhyphen"/>ment
of our Superiours.</head>
                     <p>
                        <hi>AGainst this S.</hi>
                        <note place="margin">1.</note> Bernard <hi>seems to argue earnestly;</hi>
                        <note place="margin">Lib. de prae<g ref="char:EOLhyphen"/>cept. &amp; dispens.</note> Si tantopere vitanda sunt
scandala parvulorum, quantò ampliùs praelatorum, quos sibi Deus coaequare quo<g ref="char:EOLhyphen"/>dammodo
in utroque dignatur, dum sibimet imputat &amp; illorum reverentiam &amp; con<g ref="char:EOLhyphen"/>temptum?
&amp;c. <q>If with so great caution we must be careful that we doe not offend
any of Gods little ones, how much more must we be curious to avoid giving offence
to great ones, to our Superiours, whom God seems in some manner to make equal
to himself, while the reverence or the contempt that is done to them, he takes unto
himself; saying, He that heareth you, heareth me, and he that despiseth you, despi<g ref="char:EOLhyphen"/>seth
me. But if you say, that men may be deceived in their inquest after the will of
God, and may deceive others in reporting it; what is that to thee who knowest not
that they are deceived? especially since from Scriptures thou art taught, That the
lips of the Priest shall preserve knowledge, and they shall require the Law at his
mouth, because he is the Angel of the Lord of Hosts.</q> 
                        <hi>To which discourse of
S.</hi> Bernard, <hi>the following consideration may adde some moment; and the dis<g ref="char:EOLhyphen"/>cussing
them, may give light to the inquiry.</hi>
                     </p>
                     <p>
                        <pb n="114" facs="tcp:58903:85"/>
2. For in things indifferent the command of the Superiour must needs be
accounted the will of God; for although our Superiours are executioners of
the Divine Laws, yet because they have also a Legislative power, they who can
alter nothing in things commanded or forbiddden by God, must have a power
to command or to forbid respectively in things indifferent or not at all. And
therefore in such things our conscience is bound to obey.</p>
                     <p>3. And if conscience be pretended against it, it is an error and ought to be
laid down, for to follow this erring conscience ingages us in sin all the way.</p>
                     <p>4. But as he that submits his understanding to the obedience of Jesus, plea<g ref="char:EOLhyphen"/>ses
God most, even when he does it in defiance of all arguments and temptati<g ref="char:EOLhyphen"/>ons
to the contrary, which though he cannot answer, yet he resolves to follow
Christ; so he does best who though his conscience pretend reasons against it,
will yet lay aside those reasons that he may submit to his superiors.</p>
                     <p>5. For it is a great crime by rebelling against or slighting the command of
our Rulers, to give offence to whole societies of men; * and there can be no
greater contempt done to them, then by undervaluing their judgement to pre<g ref="char:EOLhyphen"/>ferre
our own; and therefore the Prophet pronounces woe to them who <hi>are
wise in their own eyes.</hi>
                     </p>
                     <p>6. But let a Subject be never so wise, he ought not to judge his Superiour,
or to condemne his sentence; and therefore he must be judged by it, and not
by his own erring conscience.</p>
                     <p>7. For as he who hath made a vow of obedience, hath devested himself of
all pretences of contradicting what shall be imposed; and if his conscience
shall check him in the instance, he ought to look upon it as a temptation and
use it accordingly; so must it be also in every Subject, who by the Laws of
God is as much tied to obey his Superiour, as he can be by any Law which he
puts upon himself. The effect of these suggestions is this, that in things where
the Law of God hath not declared positively, an erring conscience is not to be
attended to, but the Law of the Superiour, and his sentence must be the
guide of his Conscience.</p>
                     <p>To this discourse I answer in short,<note place="margin">2.</note> That it is all very true; that the
lawful Superiours are Gods Vicegerents appointed over us in things pertaining
to God, so as to be Executioners of the Divine Laws; and besides this, to
make Laws in things indifferent and pertaining to men; That all contempt
done to them is done to God; That it is scandalous to refuse obedience to
them; That he is a proud man who says he is wiser then his Superiours; and
he is intolerable that preferres his private folly before the publick wisdome:
And therefore it is well inferred, that the error of an abused conscience ought
to be laid down, and though he cannot in particular answer the arguments
which trouble him, yet if he have reason to beleeve that though the arguments
be too hard for him, yet that the Superiours command is innocent; it were
well if he would lay aside those arguments and adhere to authority; yet all this
touches not the secret of the Question. For,</p>
                     <p>He that compares the law of <hi>Conscience,</hi> with the law of the <hi>Superiour,</hi> com<g ref="char:EOLhyphen"/>pares
<hi>the law of God</hi> and <hi>the law of man;</hi>
                        <note place="margin">3.</note> and the question is not whether a man
should follow his Superiour, or follow himself, but whether God or Man be to
be obeyed, whether the <hi>Superiour</hi> or the <hi>Supreme</hi> be to be attended to? The rea<g ref="char:EOLhyphen"/>son
of this is, because the Conscience stands bound by the supposed Law of
God, which being superiour to all the law of Man, must rather be obeyed;
and therefore although the arguments conclude rightly that an erring consci<g ref="char:EOLhyphen"/>ence
<pb n="115" facs="tcp:58903:85"/>
disobeying his Superiours lawful command does sin greatly, yet they
cannot conclude that he avoids sin by obeying against his conscience. For his
condition is indeed perplexed, and he can no way avoid sin, but by laying
his error aside first, and then obeying. And since he sins whether he obeys
his Superiours just command, or the unjust command of his conscience, the in<g ref="char:EOLhyphen"/>quiry
is, in this sad conjunction of things, by what hand he must be smitten, on
which side he must fall, that he may fall the easier? To this the Rule answers,
That his erring conscience must be obeyed rather, because he is perswaded that
God speaks there, and is not perswaded that God speaks by his Superiour.
Now though in this he be deceived, yet he that will not goe there where he
thinks God is, and leave that where he thinks God is not, does uncertainly goe
towards God, but does certainly forsake him, as much as lies in him. For,</p>
                     <p>It is to the Conscience all one as if the Law of God were really upon it,<note place="margin">4.</note>
if it be thought it is. <hi>Idem est esse &amp; apparere</hi> in this case, and therefore the er<g ref="char:EOLhyphen"/>ring
conscience is to be attended to, because the will and the affections are for
God, though the judgement hath mistaken a gloworm for the Sun. But this is
to be understood onely, when the conscience erres <hi>innocently</hi> and <hi>unavoidably,</hi>
which it can never doe in the precepts of <hi>nature,</hi> and <hi>brightest revelation.</hi>
                     </p>
                     <p>But if the Conscience does erre <hi>vincibly,</hi>
                        <note place="margin">5.</note> that is, with an actual fault, and
an imperfect, artificial resolution, such a one, as a good man will not, and
a wise man need not have, his present perswasion excuses him not from a
double sin, for breaking a double duty. For he is bound to correct his er<g ref="char:EOLhyphen"/>ror,
and to perform the precepts of his Superiour, and if he does not, his sin is
more then that which was in the vicious cause of his misperswasion, as I shew<g ref="char:EOLhyphen"/>ed
in the explication of the former Rules.</p>
                     <p>But according as the ignorance and error approaches towards <hi>pity, lessening</hi>
                        <note place="margin">6.</note>
or <hi>excusing,</hi> so the sin also declines. He that thinks it is not lawful at all to
take up arms at the command of his Prince in an unjust, or a dubious cause, sins
if he does what he thinks so unlawful, and he commits no sin in disobeying,
that onely excepted which entred into his misperswasion, which is greater or
less, or next to none at all, according as was the cause of his error, which in
the whole constitution of affairs, he could not well avoid. But he that is foo<g ref="char:EOLhyphen"/>lishly
perswaded that all Government is unlawful and Antichristian, is bound
to lay his error down, and besides the vicious cause of his error, he sins in the
evil effect of it, though his imperfect, equivocal conscience calls on him to the
contrary, yet he sins if he does not obey, because in such notorious and evi<g ref="char:EOLhyphen"/>dent
propositions an error is not onely malicious in the principle, but volun<g ref="char:EOLhyphen"/>tary
all the way; and therefore may easily, and must certainly be laid aside in
every period of determination.</p>
                     <p>Whatsoever Cases are between these, partake of the extremes accor<g ref="char:EOLhyphen"/>ding
to their proper reason and relation.</p>
                  </div>
                  <div n="7" type="rule">
                     <pb n="116" facs="tcp:58903:86"/>
                     <head>RULE 7. The error of an abused Conscience ought to be re<g ref="char:EOLhyphen"/>formed,
sometimes by the command of the will,
but ordinarily by a contrary reason.</head>
                     <p>1.<note place="margin">1.</note> IF the error did begin upon <hi>a probable reason,</hi> it cannot be reformed but <hi>by a
reason</hi> seeming equal to it, because a less reason hath not naturally the same
efficacy with a greater,<note place="margin">Vide Chap. 4.</note> and to assent to a less probability against a greater is to
doe against reason, against all that by which this lesser reason is outweighed.
For in this case the will can have no influence, which not being a cognoscitive
and discoursing faculty, must be determined by its own motives when it is not
determined by reason, that is, by the motives of understanding. Now the
motives of will when it is not moved by right reason, are <hi>pleasure</hi> and <hi>profit,
ambition</hi> and <hi>revenge, partiality</hi> and <hi>pride, chance</hi> or <hi>humor;</hi> and how these prin<g ref="char:EOLhyphen"/>ciples
can disabuse a conscience is very hard to understand, how readily and
certainly they doe abuse it, is not hard. Whether the starres be even or odde?
whether the soul be generated, or created and infused? whether it be lawful to
fight or rail against a Prince, what hath the Will to doe with it? If the will
meddles, and makes the resolution, it shall be determined, not as it is best, but
as it falls out by chance, or by evil, or by vain inducements. For in the will
there is no argument good but reason; I mean both in the matter of <hi>nature</hi>
and of <hi>grace,</hi> that is, reason chang'd into a motive, and an instrument of per<g ref="char:EOLhyphen"/>swasion
from whatsoever inducing principle.</p>
                     <p>2.<note place="margin">2.</note>
                        <note n="*" place="margin">Sanchez. se<g ref="char:EOLhyphen"/>lect. 99. disp. 41. num. 27. Meroiia in flo<g ref="char:EOLhyphen"/>rileg. verb. con<g ref="char:EOLhyphen"/>scientiâ nu. 14. B<gap reason="illegible" resp="#TECH" extent="2 letters">
                              <desc>••</desc>
                           </gap>dus de con<g ref="char:EOLhyphen"/>scientia discept. 3. cap. 11.</note> Some have affirmed that the error of a conscience may fairly be de<g ref="char:EOLhyphen"/>posed
upon any probable argument though of less perswasion; which if it
could be admitted, would give leave for a man to choose his side as he pleases,
because in all moral things as dressed with circumstances it is very easy to finde
some degrees of probability, but very difficult to finde a case against which
nothing can be disputed. And therefore if it happens that a man be better per<g ref="char:EOLhyphen"/>swaded
of his error then of the contrary truth, that truth cannot be chosen
wisely, nor the error honestly deposed, because it is done against the way of a
man, not <hi>absolutely,</hi> but <hi>comparatively</hi> against reason.</p>
                     <p>3.<note place="margin">3.</note> If the reason on both sides seems equally probable, the will may de<g ref="char:EOLhyphen"/>termine
by any of its proper motives that are honest; any prudent interest, any
fair compliance, any custome, in case these happen to be on the right side. When
the arguments seem equal, the understanding or conscience cannot determine.
It must either be a chance, and a special providence of God, or a particular
grace that casts us on the right side. But whatsoever it be that then determines
us to the right, if of it self it be innocent, it is in that case an effect of Gods
grace, and an apt instrument of <hi>a right Conscience.</hi>
                     </p>
                     <p>4.<note place="margin">4.</note> When the conscience is erroneous, and the error unreasonable, com<g ref="char:EOLhyphen"/>menc'd
wholly upon interest, trifling regards, or vicious principles, the error
may be deposed honestly, though there be no reason thought of to the con<g ref="char:EOLhyphen"/>trary,
besides the discovery of the first abuse. The will in this case is enough.
<hi>Volo servare animam meam,</hi> said one; I will, I am resolved to save my own
soul. A man may and ought to hate the evil principle of his error, and decline
<pb n="117" facs="tcp:58903:86"/>
it upon the stock of indignation, which in this case is a part of repentance. And
this insinuates the reason of this discourse. For,</p>
                     <p>Repentance is founded principally in the will,<note place="margin">5.</note> and whatsoever a man is
to leave upon the stock of repentance, he may doe it wholly upon the stock of
his will, informed, or inclin'd by general propositions, without any cognisance
of the particulars of the present Question. <hi>Eratosthenes</hi> comming amongst
the <hi>Persian Magi,</hi> and observing their looser customes of marrying their sisters
and their mothers, falls in love with his half sister <hi>Lampra</hi> and marries her. A
while after perceiving that he entred upon this action upon no other account
but lust, and fancy, and compliance with the impurer <hi>Magi,</hi> began to hate his
act for the evil inducement, and threw away her and his folly together. This
he might doe without any further reasonings about the indecency of the mix<g ref="char:EOLhyphen"/>ture,
by perceiving that a crime or a folly stood at the entrance and invited
him to an evil lodging. He that begins without reason, hath reason enough to
leave off, by perceiving he had no reason to begin; and in this case the will is
the great agent,<note place="margin">Vide Chap. 4. Rule 5.</note> which therefore here is no ill principle, because it leaves the
error upon the stock of grace and repentance.</p>
                     <p>5.<note place="margin">6.</note> If the will entertained the error without any reason at all, as often<g ref="char:EOLhyphen"/>times
it does, it knows not why; she may also depose it honestly without
any reason relating to the <hi>particular,</hi> upon <hi>this general,</hi> that it could not make
the action to be conscientious to have it done without any inducement. But
then the taking up the contrary truth upon as little reason is innocent, because
it happens to be on the right side; but it is not <hi>Vertue</hi> nor <hi>Conscience</hi> till it be
perswaded by something that is a fit inducement either in the general, or in
the particular.</p>
                  </div>
                  <div n="8" type="rule">
                     <head>RULE 8. The error of a Conscience is not always to be ope<g ref="char:EOLhyphen"/>ned
to the erring person by the Guides of souls,
or any other charitable adviser.</head>
                     <p>IF the error began with a sin,<note place="margin">1.</note> and still dwells there upon the same stock, or
if it be productive of a sin, it is always to be discovered, though the greatest
temporal inconvenience were certainly consequent to the discovery. Because
a man must not be suffered to lie in sin, no not a minute, if he can be recove<g ref="char:EOLhyphen"/>red
or rescued from it; and no temporal advantage or disadvantage can be con<g ref="char:EOLhyphen"/>siderable
in this case, which is the case of soul. An error that is <hi>vincible</hi> is all
the way <hi>criminal</hi> and must not be permitted.</p>
                     <p>2.<note place="margin">2.</note> If the error be <hi>invincible</hi> and <hi>innocent</hi> or <hi>pitiable</hi> in the cause, and yet
ends in an intolerable event, and the effect be a crime or a great danger to
souls, the error must be discovered by them that can. The <hi>Novatians</hi> erred
in the matter of Repentance: The inducing cause of their error was an over
active zeal, and too wary a tenderness in avoiding scandal and judging con<g ref="char:EOLhyphen"/>cerning
it. God served the ends of his glory by the occasion of that error, for
he uses to bring good out of every evil; and the Church under a better ar<g ref="char:EOLhyphen"/>ticle
<pb n="118" facs="tcp:58903:87"/>
grew as wary as the <hi>Novatians,</hi> as watchful against scandal, as severe against
lapsed persons. Now although in this case, the error was from an innocent
cause, yet because it landed them upon a course of discipline, and perswasion
that was not innocent, they were not to be permitted in their error, though
the dissolut on of the error might or would have occasioned the remission of
discipline. For their doctrine of repentance was dishonourable to the mercies
of God, and instrument of despair, a rendring the power of the Keys and the
Ministery of the order Ecclesiastical in a manner wholly useless, and would
if it were pursued to its just consequents have hindred repenting sinners to
revert to the folds of the Church; and therefore for the accidental good which
God brought, or which was likely to have come from that error or the inno<g ref="char:EOLhyphen"/>cence
of its principle, it was not to be conceal'd, but reprov'd and destroyed
because it dwelt in sin. He that beleeves <hi>that</hi> repentance to be sufficient, which
hath in it nothing but sorrow for what is past, and a present purpose without
amendment really in the future, upon no pretence is to be complied withall in
the palliation of his error, because the consequent of his error is such a danger,
or such a state of sin, for which nothing can make amends.</p>
                     <p>3. If the error be invincible,<note place="margin">3.</note> and the consequent of the perswasion be
consistent with the state of grace, the error must be opened or not opened, ac<g ref="char:EOLhyphen"/>cording
to prudent considerations relating to the person and his state of affairs.
So that the error must rather be suffered then a grievous scandal, or an intole<g ref="char:EOLhyphen"/>rable,
or a very great inconvenience. To this purpose <hi>Comitolus</hi> says it was
determined by a Congregation of learned and prudent persons in answer to a
strange and a rare case happening in <hi>Venice;</hi> A Gentleman ignorantly did lie with
his Mother; she knew it, but intended it not, till for her curiosity and in her
search whether her son intended it to her maid, she was surprised and gotten
with child: She perceiving her shame and sorrow hasten, sent her son to travel
for many years; and he returned not till his Mothers female birth was grown
to be a handsome pretty Maiden. At his return he espies a sweet fac'd girl in
the house, likes her, loves her, and intends to marry her. His mother conjured
him by all that was sacred and profane that he should not, saying, she was a beg<g ref="char:EOLhyphen"/>gers
child, whom for pities sake she rescued from the streets and beggery, and
that he should not by dishonouring his family make her to die with sorrow.
The Gentlemans affections were strong, and not to be mastered, and he mar<g ref="char:EOLhyphen"/>ried
his own sister and his own daughter. But now the bitings of the Mothers
conscience were intolerable and to her Cofessor she discovered the whole bu<g ref="char:EOLhyphen"/>siness
within a year or two after this prodigious marriage, and asked whether
she were bound to reveal the case to her son and daughter, who now liv'd in
love and sweetness of society, innocently, though with secret misfortune which
they felt not. It was concluded negatively, she was not to reveal it, lest she
bring an intolerable misery in the place of that which to them was no sin; or
lest upon notice of the error they might be tempted by their mutual endear<g ref="char:EOLhyphen"/>ment
and their common children, to cohabite in despight of the case, and so
change that into a known sin, which before was an unknown calamity; and by
this state of the answer, they were permitted to their innocence, and the chil<g ref="char:EOLhyphen"/>dren
to their inheritance, and all under the protection of a harmless, though
erring and mistaken conscience.</p>
                     <p>4.<note place="margin">4.</note> If it be doubtful whether more good or hurt may be consequent to
the discovery, it is better to conceal it. Because it is more tolerable to have a
good omitted, then to have an evil done. That may sometimes be lawful, this
<pb n="119" facs="tcp:58903:87"/>
can never; and a known evil that is not a sin, is rather to be admitted then an
unknown, which no man can tell whether it will arrive. But in this, the <hi>pru<g ref="char:EOLhyphen"/>dence
of a good and a wise man</hi> is to be his onely <hi>guide,</hi> and <hi>Gods glory</hi> his onely
<hi>measure</hi> and the <hi>publick good,</hi> and the greater concernments of the interessed
be chiefly <hi>regarded.</hi>
                     </p>
                  </div>
               </div>
               <div n="4" type="chapter">
                  <head>CHAP. IV. Of the Probable or Thinking Conscience.</head>
                  <div n="1" type="rule">
                     <head>RULE 1. A probable Conscience is an imperfect assent to an
uncertain proposition, in which one part is indeed
clearly and fully chosen, but with an explicit, or
implicit notice that the contrary is also fairly eli<g ref="char:EOLhyphen"/>gible.</head>
                     <p>
                        <seg rend="decorInit">A</seg> 
                        <hi>Probable Conscience</hi> dwells so between <hi>the Sure</hi> and the
<hi>Doubtful</hi> that it partakes something of both.<note place="margin">1.</note> For <hi>a sure
Conscience</hi> may begin upon a <hi>probable</hi> inducement, but
is made <hi>sure</hi> either by an assent to the Conclusion, stron<g ref="char:EOLhyphen"/>ger
then the premises will inferre, or by a reflex act, or
some other collateral hardness and adventitious confi<g ref="char:EOLhyphen"/>dence,
and therefore the <hi>probable</hi> is distinguished from
that by the imperfection of the assent. But because in
that respect it approaches to the doubtful, and in that is alike, it is differen<g ref="char:EOLhyphen"/>ced
from this by the determination. For a <hi>doubtful</hi> conscience considers the
probabilities on each side, and dares not choose, and cannot. But the pro<g ref="char:EOLhyphen"/>bable
does choose, though it considers that in the thing it self there can be no
certainty. And from them both it is distinguished by the intervening of the
Will. For in the <hi>sure Conscience</hi> the Will works not at all, because it is wholly
conducted by the understanding, and its proper motives. In the <hi>doubtful</hi> the
Will cannot interpose by reason of fear and an uncertain spirit; but in the <hi>pro<g ref="char:EOLhyphen"/>bable</hi>
it can intervene, not <hi>directly,</hi> but <hi>collaterally</hi> and <hi>indirectly,</hi> because the mo<g ref="char:EOLhyphen"/>tives
of the probable conscience are not always sufficient to make the conclu<g ref="char:EOLhyphen"/>sion
without something of the Will applied to extrinsecal motives which re<g ref="char:EOLhyphen"/>flect
also upon the understanding; and yet in this conscience there is no fear,
and therefore the Will can here be obeyed, which in the first needs not, in the
last it cannot. For it is remarkable, that a probable conscience though it be in
<hi>speculation uncertain,</hi> yet it may be <hi>practically certain,</hi> that is, he that beleeves
his opinion to be <hi>probable,</hi> cannot but think that it is possible he may be in an
actual error, but yet he may know that it is innocent to doe that for which he
hath a probable reason: for though in all these cases he may choose that which
is the wrong part, yet he proceeds as safely as if he had chosen right, for if it
were not safe to doe that which is onely probable, then nothing could be done
till something were demonstrated; and then in moral Theology we should of<g ref="char:EOLhyphen"/>ten
stand still and suspend our act, but seldome doe any thing; nay sometimes
<pb n="120" facs="tcp:58903:88"/>
                        <gap reason="illegible" resp="#TECH" extent="1 span">
                           <desc>〈…〉</desc>
                        </gap> act nor suspend, it being but probable that either is to be
<gap reason="illegible" resp="#TECH" extent="1 span">
                           <desc>〈…〉</desc>
                        </gap> sometimes it happens what <hi>Aristotle</hi> said, that false things are
<gap reason="illegible" resp="#TECH" extent="1 span">
                           <desc>〈…〉</desc>
                        </gap> then true, as it is to all them who are innocently and in<g ref="char:EOLhyphen"/>
                        <gap reason="illegible" resp="#TECH" extent="1 letter">
                           <desc>•</desc>
                        </gap>
                        <gap reason="illegible" resp="#TECH" extent="1 span">
                           <desc>〈…〉</desc>
                        </gap>; and in this case, if probability were not a sufficient convicti<g ref="char:EOLhyphen"/>
                        <gap reason="illegible" resp="#TECH" extent="2 letters">
                           <desc>••</desc>
                        </gap>
                        <gap reason="illegible" resp="#TECH" extent="1 span">
                           <desc>〈…〉</desc>
                        </gap> such persons could not honestly consent to truth. * For even
<gap reason="illegible" resp="#TECH" extent="1 span">
                           <desc>〈…〉</desc>
                        </gap> disagree in their sentences of truth and error, and after a great search,
<gap reason="illegible" resp="#TECH" extent="1 word">
                           <desc>〈◊〉</desc>
                        </gap> doe they discover one single truth unto just measures of confidence;
<gap reason="illegible" resp="#TECH" extent="1 word">
                           <desc>〈◊〉</desc>
                        </gap> therefore no other law could be exacted for humane actions, then an opinion
honestly entred into and a probable conscience. And it is remarkable that <hi>Cicero</hi>
saith that the word <hi>Arbitror</hi> is <hi>verbum consideratissimum,</hi> &amp; the old Romans were
reserv'd and cautious in the decrees of Judges, and the forms of their oath be<g ref="char:EOLhyphen"/>gan
with <hi>arbitor</hi> although they gave testimony of things whereof they were eye
witnesses; and the words which their <hi>Praetors</hi> did use in their sentences, was <hi>fe<g ref="char:EOLhyphen"/>cisse
videtur,</hi>
                        <note place="margin">
                           <gap reason="illegible" resp="#TECH" extent="1 word">
                              <desc>〈◊〉</desc>
                           </gap> 11 4.</note> or <hi>non videtur. He that observeth the winds shall not sow, and he that
watcheth the clouds shall never reap;</hi> which means, that if we start at every ob<g ref="char:EOLhyphen"/>jection,
and think nothing safe but what is certain, and nothing certain but
what can be demonstrated, that man is over wise and over just, and by his too
curious search misses what he inquires for. <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>,
<hi>That is well enough prov'd, that is prov'd according to
the subject matter.</hi> For there is not the same exactness to be look'd for in all
disciplines, any more then in all manufactures. But in those things which are
honest and just, and which concern the publick, <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>,
there is so much dissention and deception that things are good or bad
not by themselves, but as they are in law; <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>.
He is
well instructed who expects that manner of proof for things, which the na<g ref="char:EOLhyphen"/>ture
of the things will bear,<note place="margin">Ethic. l. 1. c. 1.</note> said <hi>Aristotle.</hi> And in moral things, it is sufficient
that a thing is judged true and certain, though by an uncertain argument; and
the opinion may be practically certain, when the knowledge of it is in specula<g ref="char:EOLhyphen"/>tion
onely probable.</p>
                     <p>It hath two sorts of motives,<note place="margin">2.</note> 
                        <hi>intrinsecal</hi> and <hi>extrinsecal.</hi> That is <hi>reason,</hi>
this is <hi>authority,</hi> and both of them have great considerations in order to pra<g ref="char:EOLhyphen"/>ctice,
of which I am to give account in the following Rules.</p>
                  </div>
                  <div n="2" type="rule">
                     <head>RULE 2. A Conscience that is at first, and in its own nature
probable, may be made certain by accumulation
of many probabilities operating the same perswa<g ref="char:EOLhyphen"/>sion.</head>
                     <p>EVery probable argument hath in it something of perswasion and proof,<note place="margin">1.</note> and
although it cannot produce evidence and intire conviction to a wise and a
discerning spirit, yet it can effect all that it ought; and although, if the Will
list, or if passions rule, the understanding shall be made stubborn against it, and
reject it easily; yet if nothing be put in barre against it, it may bring a man to
adhere to it beyond the evidence. But in some cases there are a whole army
of little people, heaps of probable inducements which the understanding amas<g ref="char:EOLhyphen"/>ses
together, and from every side gathers all that can give light and motion to
<pb n="121" facs="tcp:58903:88"/>
the article in question, it draws auxiliaries from every thing, fights with every
weapon, and by all means pursues the victory; it joyns line to line, and pre<g ref="char:EOLhyphen"/>cept
to precept, reason to reason, and reason to authority; the sayings of wise
men with the proverbs of the people; consent of talkers, and the arguings of
disputers; the nature of the thing, and the reasonableness of its expectations;
the capacities and possibilities of men, and of accidents; the purposes and de<g ref="char:EOLhyphen"/>signs,
the usefulness, and rewards; and by what all agents are and ought to be
moved; customes are mingled with laws, and decencies with consideration of
profit; the understanding considers the present state and heap of circumstan<g ref="char:EOLhyphen"/>ces,
and by prudence weighs every thing in its own ballance; it considers the
consequent of the opinion it intends to establish, and well weighs the inconve<g ref="char:EOLhyphen"/>nience
of the contrary. But from the obscurity and insufficiency of these par<g ref="char:EOLhyphen"/>ticulars,
there cannot come a perfect light; if a little black be mingled with
white, the product must have something of every influence that can be com<g ref="char:EOLhyphen"/>municated
from its principle, or material constitution; and ten thousand mil<g ref="char:EOLhyphen"/>lions
of <hi>uncertains</hi> cannot make one <hi>certain.</hi>
                     </p>
                     <p>In this case the understanding comes not to any certainty by the energy
of the motives and direct arguments of probability,<note place="margin">2.</note> or by the first effort and
impresses of their strength, but by a particular reflexion which it makes upon
the heap, and by a secondary discoursing extracted from the whole, as being
therefore convinced, because it beleeves it to be impossible that so many consi<g ref="char:EOLhyphen"/>derations,
that no way conspire either in matter or design, should agree in the
production of a lie. It is not likely that so many beams of light should issue
from the chambers of heaven for no other reason but to lead us into a preci<g ref="char:EOLhyphen"/>pice.
Probable arguments and prudential motives are the great hinges of hu<g ref="char:EOLhyphen"/>mane
actions, for as a Pope once said, It is but a little wit that governs the
world; and the uncertainty of arguments is the great cause of contingency in
events; but as uncertain as most counsels are, yet all the great transactions of
the affairs of the world are resolved on and acted by them; by suspicions and
fears and probable apprehensions infinite evils are prevented; and it is not
therefore likely to be an error by which so perpetually so many good things
are procured and effected. For it were a disparagement to the wise providence
of God, and a lessening the rare Oeconomy of the Divine Government that
he should permit almost all the world, and all reiglements, the varieties of
event, and all the changes of Kingdomes, and all counsels and deliberations, to
be conducted by moral demonstrations, and to be under the power of proba<g ref="char:EOLhyphen"/>bilities,
and yet that these should be deceitful and false. Neither is it to be
imagined that God should permit wise men, and good, men that on purpose
place their reason in indifference, that abate of their heats and quench their
own extravagant fires, men that wipe away all clouds and mists from their eyes,
that they may see clearly, men that search as they ought to do, for things that
they are bound to finde, things that they are commanded to search, and upon
which even all their interests depends, and yet inquiring after the end whither
they are directed, and by what means it is to be acquired that these men should
be inevitably abused by their own reason, by the best reason they have; and
that when concerning the thing which cannot be demonstrated by proper and
physical arguments, yet we are to enter into a perswasion so great, that for the
verification of it men must venture their lives and their souls; I say, if this
kinde of proof be not sufficient to effect all this, and sufficiently to assure such
men, and competently to affirm and strengthen such resolutions, salvation
and damnation must be by chance, or, which is worse, it must be impossible to
<pb n="122" facs="tcp:58903:89"/>
be well, but when it cannot choose to be otherwise; and this I say is not to be
imagined that God wil or does permit, since all these entercourses so much con<g ref="char:EOLhyphen"/>cern
Gods glory and our eternal interest. The main events of heaven and hell
doe in some regards depend, as to us, upon our faith, whose objects are repre<g ref="char:EOLhyphen"/>sented
with such lights from God and right reason as are sufficient to perswade,
not to demonstrate; they are such which leave something to us of choice and
love, and every proposition of Scripture though it be as <hi>sure,</hi> yet it is not so
<hi>evident</hi> as the principles of Geometry; and the Spirit of God effects his pur<g ref="char:EOLhyphen"/>poses
with an influence as soft and placid as the warmth of the Sun, while a
physical demonstration blows hard and high as the Northwind; indeed a man
must use rudeness if he does not quit his garment at so loud a call, but we are
more willing to part with it when the Sun gently requires us: so is <hi>a moral de<g ref="char:EOLhyphen"/>monstration,</hi>
it is so humane, so perswasive, so complying with the nature and
infirmities of man, with the actions of his life and his manner of operation, that
it seems to have been created on purpose for the needs and uses of man in this
life, for vertue and for hopes, for faith and for charity, to make us to beleeve by
love, and to love by beleeving, for in heaven they that see and love, cannot
choose but love, and see, and comprehend; for it is a reward and fils all their fa<g ref="char:EOLhyphen"/>culties,
and is not possessed by us, but it self possesses us; In this world where
we are to doe something our selves, though all by the grace of God, that which
we doe of our selves is nothing else but to work as we our selves can, which
indeed happens to be in propositions, as it is in the love of God, this cannot
fail us, but we may fail of it, and so are the sentences of Religion, infallible in
themselves, but we may be deceived, while by a fallible way we proceed to in<g ref="char:EOLhyphen"/>fallible
notices, for nothing else could indear our labour and our love, our
search and our obedience; and therefore this must be sufficient and acceptable,
if we doe what we can: But then this also will secure our confidence, and in
the noises of Christendome when disputing fellows say their brother is damned
for not beleeving them, we need not to regard any such noises, if we proceed
prudently as we can, and honestly as we ought, probable motives of our un<g ref="char:EOLhyphen"/>derstanding
are our sufficient conduct, and then we have this warrant, <hi>Brethren,
if our hearts condemne us not, <gap reason="illegible" resp="#TECH" extent="1 word">
                              <desc>〈◊〉</desc>
                           </gap> 3. 21. then have we peace towards God.</hi> And God would
never have inspired his Church with prudence, or made any such vertue, if the
things which were put under the conduct of it, that is, <hi>probabilities,</hi> were not
instrumental to the service of God, and to the verification of all its just and
proper productions.</p>
                     <p>Probable arguments are like little starres,<note place="margin">3.</note> every one of which will be use<g ref="char:EOLhyphen"/>less
as to our conduct and enlightening, but when they are tyed together by
order and vicinity, by the finger of God and the hand of an Angel, they make
a Constellation, and are not onely powerful in their influence, but like a bright
Angel to guide and to enlighten our way. And although the light is not great
as the light of the Sun or Moon, yet Mariners sail by their conduct; and though
with trepidation and some danger, yet very regularly they enter into the ha<g ref="char:EOLhyphen"/>ven.
This heap of probable inducements, is not of power as a Mathematical
and Physical demonstration, which is in discourse as the Sun is in heaven, but it
makes a Milky and a white path, visible enough to walk securely.</p>
                     <p>And next to these tapers of effective reason,<note place="margin">4.</note> drawn from the nature and
from the events, and the accidents and the expectations and experiences of
things, stands the grandeur of a long and united authority: The understand<g ref="char:EOLhyphen"/>ing
thus reasoning, That it is not credible that this thing should have escaped
<pb n="123" facs="tcp:58903:89"/>
the wiser heads of all the great personages in the world, who stood at the chairs
of Princes, or sate in the Rulers chair, and should onely appear to two or three
bold, illiterate, or vicious persons, ruled by lusts, and overruled by evil habits;
but in this we have the same security and the same confidence that timorous
persons have in the dark; they are pleased and can see what is and what is not,
if there be a candle, but in the dark they are less fearful if they be in company.</p>
                     <p>This way of arguing some are pleased to call a moral demonstration,<note place="margin">5.</note> not
that it can make a proposition clear and bright, and quit from clouds and ob<g ref="char:EOLhyphen"/>scurity,
as a natural demonstration can, for I may in this case use <hi>Aristotles</hi> say<g ref="char:EOLhyphen"/>ing,
<gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>, Things of this nature may be very true, but
are not very evident; but it can produce the same effect, that is, it can lead
into truth, not with as much brightness, but with as much certainty and infal<g ref="char:EOLhyphen"/>libility
in the event of things. For a man may as prosperously and certainly
arrive at his journeys end though but conducted by him that went the way but
once before him, as if he had a straight path walled in on both sides; so may
we finde truth as certainly by probabilities, as by demonstrations: we are not
so sure that we finde it, but it is oftentimes as surely found. And if the heap
arrive at that which we call a moral demonstration, it is as certain that no mo<g ref="char:EOLhyphen"/>ral
demonstration can be opposed against it, as that no natural demonstration
can be brought in contradiction to a natural. For the understanding cannot
call any thing a moral demonstration, till by considering the particulars on
both sides, the reasonableness of one, and the unreasonableness of the other,
with a cold sent, and liberty of spirit, and an unbyassed Will, it hath passed the
sentence for the truth; and since in this case all the opposition is between
strength and power on one side, and weakness and pretence on the other, it is
impossible that the opposite parts should be demonstrations or seem so to the
same man. And this appears by this also, that some propositions which are
onely proved by a conjugation of probable inducements, have yet obtained as
certain and as regular events as a natural demonstration, and are beleeved <hi>equal<g ref="char:EOLhyphen"/>ly,
constantly,</hi> and <hi>perpetually</hi> by all wise men, and the understanding does regu<g ref="char:EOLhyphen"/>larly
receive the same impression, and give the same assent, and for ever draws
forth the same conclusions when it is not abused with differing prejudices and
preoccupations, when its liberty and powers are not infeebled with customes,
examples and contrary breeding, while it is not brib'd by interest, or hurried
away by passion.</p>
                     <p>Of this I shall choose to give one instance,<note place="margin">6.</note> which as it is of the greatest con<g ref="char:EOLhyphen"/>cernment
in the world in it self, so the gay impieties and bold wits of the world
who are witty against none more then God and Gods wisdome, have made it
now to be but too seasonable, and that is, that <hi>the Religion of Jesus Christ,</hi> or
<hi>The Christian Religion is from God;</hi> concerning which I will not now pretend
to bring in all the particulars whereby each part of it can be verified, but by
heaping together such heads of probabilities which are or may be the cause of
an infinite perswasion, and this I had rather choose to doe for these reasons:</p>
                     <p>1.<note place="margin">7.</note> Because many men excellently learned have already discoursed largely
of the truth of Christianity, and approved by a direct and close congression
with other Religions, by examination of the contrary pretences, refutation
of their arguments, answering their objections, and have by direct force so
farre prevailed, that all the reason of the world appears to stand on the
Christian side: and for me to doe it now, as there is no just occasion mini<g ref="char:EOLhyphen"/>stred
<pb n="124" facs="tcp:58903:90"/>
by this argument, so neither can it be useful and necessary.</p>
                     <p>2. In that way of arguing,<note place="margin">8.</note> every man that is an adversary can answer one
argument, and some can reprove many, and none can prevail singly to posses
all the understanding, and to fill all the corners of consideration, but in a mo<g ref="char:EOLhyphen"/>ral
demonstration that can be supplied.</p>
                     <p>3.<note place="margin">9.</note> In the other way an adversary supposes himself to prevail when he can
answer the arguments singly, and the discourses in that method are like the
servants sent singly to gather fruits of the Husbandmen, they killed them as
fast as they came, and a man may kill a whole Kingdome over, if the opponents
come by single persons; but a moral demonstration is like an Army which can
lose single persons and yet prevail, but yet cannot be beaten unless it be bea<g ref="char:EOLhyphen"/>ten
all.</p>
                     <p>4.<note place="margin">10.</note> The few little things that Atheistical persons prate against the holy
Jesus and his most excellent Religion, are infinitely outweighed by the multi<g ref="char:EOLhyphen"/>tude
and variety of things to be said for it; and let the others stand (as if they
meet with persons that cannot answer them) yet they are sure this greater
ought to prevail, because it possesses all the corners of reason, and meets with
every instance, and complies with the manner of a man, and is fitted to the
nature of things, and complies with the Will, and perswades the understand<g ref="char:EOLhyphen"/>ing,
and is a guard against the tricks of Sophisters, and does not onely effect
its purpose by direct influence, but is secured by reflexion upon it self, and does
more by its indirect strength, and by a back blow, then by its first operations;
and therefore,</p>
                     <p>This instance and this way of argument may be of more use to those per<g ref="char:EOLhyphen"/>sons
who cannot so dispute,<note place="margin">11.</note> but that they are apt to be abused by little things,
by talkings and imperfect arguings; it may be a defensative against trifling
objections, and the impious pratings of the <hi>nequam ingeniosi</hi> the witty fools,
while the men are armed by love and prudence and wise securities to stand with
confidence and piety against talkings and intrigues of danger; for by this way
best, <hi>Wisdome is justified of all her children.</hi>
                     </p>
                     <p>
                        <hi>An instance of Moral demonstration, or a conjugation of probabilities, pro<g ref="char:EOLhyphen"/>ving
that the Religion of Jesus Christ is from God.</hi>
                     </p>
                     <p>THis discourse of all the disputables in the world,<note place="margin">12.</note> shall require the fewest
things to be granted; even nothing but what was evident, even nothing
but the very subject of the Question, <hi>viz.</hi> That there was such a man as Jesus
Christ, that he pretended such things and taught such doctrines: for he that
will prove these things to be from God, must be allowed that they were from
something or other. But this postulate I doe not ask for need, but for orders
sake and Art; for what the histories of that Age reported as a publick affair, as
one of the most eminent transactions of the world, that which made so much
noise, which caused so many changes, which occasioned so many warres, which
divided so many hearts, which altered so many families, which procured so
many deaths, which obtained so many Laws in favour, and suffered so many Re<g ref="char:EOLhyphen"/>scripts
in the disfavour of its self; that which was not done in a corner, but
was 33. years and more in acting; which caused so many Sects, and was op<g ref="char:EOLhyphen"/>posed
by so much Art, and so much power that it might not grow, which fil<g ref="char:EOLhyphen"/>led
the world with noise, which effected such great changes in the bodies of
men by curing the diseased, and smiting the contumacious or the hypocrites,
which drew so many eyes, and fill'd so many tongues, and imployed so many
<pb n="125" facs="tcp:58903:90"/>
pens, and was the <hi>care</hi> and the <hi>question</hi> of the whole world at that time, and
immediately after; that which was consigned by publick acts and records of
Courts, which was in the Books of friends and enemies, which came accom<g ref="char:EOLhyphen"/>panied
and remarked with eclipses and stars and prodigies of heaven and earth,
that which the Jews even in spite and against their wills confessed, and which
the witty adversaries intending to overthrow, could never so much as challenge
of want of truth in the matter of fact and story; that which they who are in<g ref="char:EOLhyphen"/>finitely
concerned that it should not be beleeved, or more, that it had never
been, doe yet onely labour to make to appear not to have been Divine: Cer<g ref="char:EOLhyphen"/>tainly,
this thing is so certain that it was, that the defenders of it need not ac<g ref="char:EOLhyphen"/>count
it a kindness to have it presupposed; for never was any story in the world
that had so many degrees of credibility, as the story of the person, life and
death of Jesus Christ: And if he had not been a true Prophet, yet that he was
in the world, and said and did such things cannot be denied; for even concer<g ref="char:EOLhyphen"/>ning
Mahomet we make no question but he was in the world, and led a great
part of mankinde after him, and what was less proved we infinitely beleeve; and
what all men say, and no man denies, and was notorious in it self, of this we may
make further inquiries whether it was all that which it pretended, for that it
did make pretences and was in the world, needs no more probation.</p>
                     <p>But now whether Jesus Christ was sent from God and delivered the Will
of God,<note place="margin">13.</note> we are to take accounts from all the things of the world which were
on him, or about him, or from him. Consider first his person: he was foretold
by all the Prophets: He, I say, for that appears by the event, and the corre<g ref="char:EOLhyphen"/>spondencies
of their sayings to his person: he was described by infallible cha<g ref="char:EOLhyphen"/>racterisms
which did fit him, and did never fit any but him; for when he was
born, then was the fulness of time, and the Messias was expected at the time
when Jesus did appear, which gave occasion to many of the godly then to wait
for him, and to hope to live till the time of his revelation: and they did so,
and with a spirit of Prophecie which their own nation did confess and honour,
glorified God at the revelation: and the most excellent and devout persons
that were conspicuous for their piety did then rejoyce in him, and confess
him; and the expectation of him at that time was so publick and famous, that
it gave occasion to divers Impostors to abuse the credulity of the people in
pretending to be the Messias; but not onely the predictions of the time, and
the perfect Synchronisms did point him out, but at his birth a strange starre ap<g ref="char:EOLhyphen"/>peared,
which guided certain Levantine Princes and Sages to the inquiry after
him; a strange starre which had an irregular place and an irregular motion, that
came by design, and acted by counsel, the counsel of the Almighty Guide, it
moved from place to place, till it stood just over the house where the Babe did
sleep; a starre of which the Heathen knew much, who knew nothing of him;
a starre which <hi>Chalcidius</hi> affirmed to have signified the descent of God for the
salvation of man; a starre that guided the wise Chaldees to worship him with
gifts (as the same disciple of <hi>Plato</hi> does affirm, and) as the holy Scriptures
deliver; and this starre could be no secret; It troubled all the Country; It
put <hi>Herod</hi> upon strange arts of security for his Kingdome, it effected a sad tra<g ref="char:EOLhyphen"/>gedy
accidentally, for it occasioned the death of all the little Babes in the City,
and voisinage of <hi>Bethlehem:</hi> But the birth of this young child which was thus
glorified by a starre, was also signified by an Angel, and was effected by the
holy Spirit of God, in a manner which was in it self supernatural; a Virgin
was his Mother, and God was his Father, and his beginning was miraculous;
and this matter of his birth of a Virgin was proved to an interested and jealous
<pb n="126" facs="tcp:58903:91"/>
person, even to <hi>Joseph</hi> the supposed father of <hi>Jesus,</hi> it was affirmed publickly
by all his family, and by all his disciples, and published in the middest of all his
enemies, who by no artifice could reprove it, a matter so famous, that when it
was urged as an argument to prove Jesus to be the Messias, by the force of a
Prophecie in <hi>Isaiah [A Virgin shall conceive a Son</hi>] they who obstinately re<g ref="char:EOLhyphen"/>fused
to admit him, did not deny the matter of fact, but denied that it was so
meant by the Prophet, which if it were true, can onely prove that Jesus was
more excellent then was foretold by the Prophets, but that there was nothing
less in him then was to be in the Messias; it was a matter so famous that the
Arabian Physicians who can affirm no such things of their Mahomet, and yet
not being able to deny it to be true of the holy Jesus, endevour to elevate
and lessen the thing, by saying, It is not wholly beyond the force of na<g ref="char:EOLhyphen"/>ture,
that a Virgin should conceive, so that it was on all hands undeni<g ref="char:EOLhyphen"/>able,
that the Mother of Jesus was a Virgin, a Mother without a Man.
This is that Jesus at whose presence before he was born, a babe in his mo<g ref="char:EOLhyphen"/>thers
belly also did leap for joy, who was also a person extraordinary himself,
conceived in his mothers old age, after a long barrenness, signified by an Angel
in the Temple, to his father officiating his Priestly Office, who was also struck
dumb for his not present beleeving: all the people saw it, and all his kindred
were witnesses of his restitution, and he was named by the Angel, and his Of<g ref="char:EOLhyphen"/>fice
declared to be the fore-runner of the holy Jesus; and this also was fore<g ref="char:EOLhyphen"/>told
by one of the old Prophets; for the whole story of this Divine person is
a chain of providence and wonder, every link of which is a verification of a
Prophecie, and all of it is that thing which from <hi>Adam</hi> to the birth of <hi>Jesus</hi>
was pointed at and hinted by all the Prophets, whose words in him passed per<g ref="char:EOLhyphen"/>fectly
into the event. This is that Jesus who as he was born without a Father,
so he was learned without a Master, he was a Man without age, a Doctor in a
Childs garment, disputing in the Sanctuary at 12. years old. He was a sojour<g ref="char:EOLhyphen"/>ner
in <hi>Egypt,</hi> because the poor Babe born of an indigent Mother was a formi<g ref="char:EOLhyphen"/>dable
rival to a potent King, and this fear could not come from the design of
the infant, but must needs arise from the illustriousness of the birth, and the
Prophecies of the child, and the sayings of the learned, and the journey of the
Wise men, and the decrees of God; this journey and the return were both ma<g ref="char:EOLhyphen"/>naged
by the conduct of an Angel and a Divine dream, for to the Son of God
all the Angels did rejoyce to minister. This blessed Person made thus excel<g ref="char:EOLhyphen"/>lent
by his Father, and glorious by miraculous consignations, and illustrious
by the ministery of heavenly spirits, and proclaimed to <hi>Mary</hi> and to <hi>Joseph</hi> by
two Angels, to the Shepherds by a multitude of the heavenly Host, to the Wise
men by a Prophecie and by a Star, to the Jews by the Shepherds, to the Gen<g ref="char:EOLhyphen"/>tiles
by the three Wise men, to <hi>Herod</hi> by the Doctors of the Law, and to
himself perfectly known by the inchasing his humane nature in the bosome and
heart of God, and by the fulness of the Spirit of God, was yet pleased for
30. years together to live an humble, a laborious, a chast and a devout, a regular
and an even, a wise and an exemplar, a pious and an obscure life, without com<g ref="char:EOLhyphen"/>plaint,
without sin, without design of fame, or grandeur of spirit, till the time
came that the clefts of the rock were to open, and the Diamond give its lustre,
and be worn in the Diademes of Kings, and then this person was wholly admi<g ref="char:EOLhyphen"/>rable;
for he was ushered into the world by the voice of a loud Crier in the
wilderness, a person austere and wise, of a strange life, full of holiness and full
of hardness, and a great Preacher of righteousness, a man beleeved by all the
people that he came from God, one who in his own nation gathered disciples
publickly, and (which amongst them was a great matter) he was the Doctor
<pb n="127" facs="tcp:58903:91"/>
of a new institution, and baptized all the Country, yet this man so great, so
rever'd, so followed, so listned to by King and people, by Doctors and by
ideots, by Pharisees and Sadduces, this man Preached Jesus to the people, poin<g ref="char:EOLhyphen"/>ted
out the Lamb of God, told that he must increase, and himself from all that
fame must retire to give him place; he received him to baptism after having
with duty and modesty declared his own unworthiness to give, but rather a
worthiness to receive baptism from the holy hands of Jesus; but at the so<g ref="char:EOLhyphen"/>lemnity
God sent down the holy Spirit upon his holy Son, and by a voice
from heaven, a voice of thunder (and God was in that voice) declared that
this was his Son, and that he was delighted in him. This voyce from heaven
was such, so evident, so certain a conviction of what it did intend to prove,
so known and accepted as the way of Divine revelation under the second
Temple, that at that time every man that desired a sign honestly, would have
been satisfied with such a voyce; it being the testimony by which God made
all extraordinaries to be credible to his people from the days of <hi>Ezra,</hi> to the
death of the Nation; and that there was such a voice, not onely then, but di<g ref="char:EOLhyphen"/>vers
times after, was as certain, and made as evident as things of that nature
can ordinarily be made. For it being a matter of fact, cannot be supposed in<g ref="char:EOLhyphen"/>finite,
but limited to time and place, heard by a certain number of persons, and
was as a clap of thunder upon ordinary accounts, which could be heard but by
those who were within the sphere of its own activity; and reported by those
to others, who are to give testimony as testimonies are required, which are cre<g ref="char:EOLhyphen"/>dible
under the test of two or three disinterested, honest, and true men, and
though this was done in the presence of more, and oftner then once, yet it
was a divine testimony but at first, but is to be conveyed by the means of men;
and as God thundred from heaven at the giving of the Law, though that he
did so, we have notice onely from the Books of <hi>Moses</hi> received from the Jewish
Nation; so he did in the days of the <hi>Baptist,</hi> and so he did to <hi>Peter, James,</hi> and
<hi>John,</hi> and so he did in the presence of the <hi>Pharisees</hi> and many of the common
people; and as it is not to be supposed that all these would joyn their divided
interests, for and against themselves for the verification of a lye, so if they
would have done it, they could not have done it without reproof of their own
parties, who would have been glad by the discovery onely to disgrace the
whole story; but if the report of honest and just men so reputed, may be
questioned for matter of fact, or may not be accounted sufficient to make faith
when there is no pretence of men to the contrary, besides that we can have
no story transmitted to us, no records kept, no acts of Courts, no narratives
of the days of old, no traditions of our Fathers; so there could not be left in
nature any usual instrument whereby God could after the manner of men de<g ref="char:EOLhyphen"/>clare
his own will to us, but either we should never know the will of heaven
upon earth, or it must be that God must not onely tell it <hi>once</hi> but <hi>always,</hi> and
not onely <hi>always to some men,</hi> but <hi>always to all men;</hi> and then as there would be
no use of history, or the honesty of men, and their faithfulness in telling any
act of God in declaration of his will, so there would be perpetual necessity of
miracles, and we could not serve God directly with our understanding, for
there would be no such thing as faith, that is, of assent without conviction of
understanding, and we could not please God with beleeving, because there
would be in it nothing of the will, nothing of love and choyce; and that faith
which is, would be like that of <hi>Thomas,</hi> to beleeve what we see or hear, and
God should not at all govern upon earth unless he did continually come him<g ref="char:EOLhyphen"/>self:
for thus, all Government, all Teachers, all Apostles, all Messengers would
be needless, because they could not shew to the eye what they told to the ears
<pb n="128" facs="tcp:58903:92"/>
of men; And it might as well be disbeleeved in all Courts and by all Prin<g ref="char:EOLhyphen"/>ces,
that this was not the letter of a Prince, or the act of a man, or the wri<g ref="char:EOLhyphen"/>ting
of his hand, and so all humane entercourse must cease, and all senses but
the eye be useless as to this affair, or else to the ear all voyces must be stran<g ref="char:EOLhyphen"/>gers
but the principal, if I say, no reports shall make faith: But it is certain,
that when these voyces were sent from heaven and heard upon earth they pre<g ref="char:EOLhyphen"/>vailed
amongst many that heard them not, and disciples were multiplied upon
such accounts, or else it must be that none that did hear them could be belee<g ref="char:EOLhyphen"/>ved
by any of their friends and neighbours; for if they were, the voyce was
as effective at the reflex and rebound as in the direct emission, and could pre<g ref="char:EOLhyphen"/>vail
with them that beleeved their brother or their friend, as certainly as with
them that beleeved their own ears and eyes.</p>
                     <p>I need not speak of the vast numbers of miracles which he wrought;<note place="margin">14.</note> mi<g ref="char:EOLhyphen"/>racles
which were not more demonstrations of his power then of his mercy;
for they had nothing of pompousness and ostentation, but infinitely of cha<g ref="char:EOLhyphen"/>rity
and mercy, and that <hi>permanent</hi> and <hi>lasting</hi> and <hi>often:</hi> he opened the eyes
of the blinde, he made the crooked straight, he made the weak strong, he cured
fevers with the touch of his hand, and an issue of blood with the hem of his
garment, and sore eyes with the spittle of his mouth and the clay of the earth;
he multiplied the loaves and fishes, he raised the dead to life, a <hi>young maiden,</hi>
the widows son of <hi>Naim,</hi> and <hi>Lazarus,</hi> and cast out Devils by the word of his
mouth, which he could never doe but by the power of God. For Satan does
not cast out Satan, nor a house fight against it self, if it means to stand long,
and the Devil could not help Jesus, because the holy Jesus taught men virtue,
called them from the worshipping Devils, taught them to resist the Devil, to
lay aside all those abominable idolatries by which the Devil doth rule in the
hearts of men: he taught men to love God, to fly from temptations to sin, to
hate and avoid all those things of which the Devil is guilty, for Christianity
forbids pride, envy, malice, lying, and yet affirms that the Devil is proud, en<g ref="char:EOLhyphen"/>vious,
malicious, and the Father of lies; and therefore where ever Christianity
prevails, the Devil is not worshipped, and therefore he that can think that a
man without the power of God could overturn the Devils principles, cross
his designs, weaken his strengths, baffle him in his policies, befool him and turn
him out of possession, &amp; make him open his own mouth against himself as he did
often, and confess himself conquered by Jesus and tormented, as the Oracle
did to <hi>Augustus Caesar,</hi> and the Devil to <hi>Jesus</hi> himself, he I say, that thinks a
meer man can doe this, knows not the weaknesses of a man, nor the power of
an Angel; but he that thinks this could be done by compact, and by consent
of the Devil, must think him to be an Intelligence without understanding, a
power without force, a fool and a sot to assist a power against himself, and to
persecute the power he did assist, to stirre up the world to destroy the Christi<g ref="char:EOLhyphen"/>ans,
whose Master and Lord he did assist to destroy himself; and when we
read that <hi>Porphyrius</hi> an Heathen,<note place="margin">Euseb. lib. 5. c. 1. praep. Euang.</note> a professed enemy to Christianity, did say,
<gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>, that since Jesus was wor<g ref="char:EOLhyphen"/>shipped,
the gods could help no man, that is, the gods which they worship<g ref="char:EOLhyphen"/>ped;
the poor baffled enervated Daemons: He must either think that the De<g ref="char:EOLhyphen"/>vils
are as foolish as they are weak, or else that they did nothing towards
this declination of their power; and therefore that they suffer it by a power
higher then themselves, that is, by the power of God in the hand of Je<g ref="char:EOLhyphen"/>sus.</p>
                     <p>But besides that God gave testimony from heaven concerning him;<note place="margin">15.</note> he
<pb n="129" facs="tcp:58903:92"/>
also gave this testimony of himself to have come from God, because that <hi>he
did Gods will;</hi> for he that is a good man and lives by the Laws of God and of
his Nation, a life innocent and simple, prudent and wise, holy and spotless, un<g ref="char:EOLhyphen"/>reproved
and unsuspected, he is certainly by all wise men said in a good sense to
be the son of God, but he who does well and speaks well, and calls all men
to glorify and serve God, and serves no ends but of holiness and charity, of
wisdome of hearts and reformat on of manners, this man carries great au<g ref="char:EOLhyphen"/>thority
in his sayings, and ought to prevail with good men in good things, for
good ends, which is all that is here required. But his nature was so sweet, his
manners so humble, his words so wise and composed, his comportment so
grave and winning, his answers so seasonable, his questions so deep, his re<g ref="char:EOLhyphen"/>proof
so severe and charitable, his pity so great and merciful, his preachings
so full of reason and holiness, of weight and authority, his conversation so
useful and beneficent, his poverty great but his alms frequen<gap reason="illegible" resp="#TECH" extent="1 letter">
                           <desc>•</desc>
                        </gap>, his family so
holy and religious, his and their imployment so profitable, his meekness so
incomparable, his passions without difference, save onely where zeal or pity
carried him on to worthy and apt expressions a person that never laughed,
but often wept in a sense of the calamities of others; he loved every man
and hated no man, he gave counsel to the doubtful, and instructed the igno<g ref="char:EOLhyphen"/>rant,
he bound up the broken hearts, and strengthened the feeble knees,
he releeved the poor, and converted the sinners, he despised none that came
to him for releef, and as for those that did not he went to them; he took all
occasions of mercy that were offered him, and went abroad for more; he
spent his days in Preaching and healing, and his nights in Prayers and con<g ref="char:EOLhyphen"/>versation
with God, he was obedient to Laws and subject to Princes, though
he was the Prince of <hi>Judaea</hi> in right of his Mother, and of all the world in
right of his Father; the people followed him, but he made no conventions,
and when they were made. he suffered no tumults, when they would have
made him a King he withdrew himself, when he knew they would put him to
death he offered himself; he knew mens hearts, and conversed secretly, and
gave answer to their thoughts and prevented their questions: he would
work a miracle rather then give offence, and yet suffer every offence rather
then see God his Father dishonoured, he exactly kept the Law of <hi>Moses,</hi> to
which he came to put a period, and yet chose to signify his purpose onely by
doing acts of mercy upon their Sabbath, doing nothing which they could call
a breach of a Commandement, but healing sick people, a charity which them<g ref="char:EOLhyphen"/>selves
would doe to beasts, and yet they were angry at him for doing it to
their brethren: In all his life, and in all his conversation with his Nation, he
was innocent as an Angel of light, and when by the greatness of his worth,
and the severity of his doctrine, and the charity of his miracles, and the noises
of the people, and his immense fame in all that part of the world, and the mul<g ref="char:EOLhyphen"/>titude
of his disciples and the authority of his Sermons, and his free reproof
of their hypocrisy, and his discovery of their false doctrines and weak tradi<g ref="char:EOLhyphen"/>tions,
he had branded the reputation of the vicious rulers of the people, and
they resolved to put him to death, they who had the biggest malice in the
world, and the weakest accusations were forced to supply their want of ar<g ref="char:EOLhyphen"/>ticles
against him by making truth to be his fault; and his office to be his cr<gap reason="illegible" resp="#TECH" extent="1 letter">
                           <desc>•</desc>
                        </gap>me,
and his open con<gap reason="illegible" resp="#TECH" extent="1 letter">
                           <desc>•</desc>
                        </gap>ession of what was asked him to be his article of condemna<g ref="char:EOLhyphen"/>tion,
and yet after all this they could not perswade the competent Judge to
condemne him, or to finde him guilty of any fault, and therefore they were
forced to threaten him with <hi>Caesars</hi> name, against whom then they would pre<g ref="char:EOLhyphen"/>tend
him to be an enemy, though in their charge they neither proved, nor in<g ref="char:EOLhyphen"/>deed
<pb n="130" facs="tcp:58903:93"/>
laid it against him, and yet to whatsoever they objected he made no re<g ref="char:EOLhyphen"/>turn,
but his silence and his innocence were remarkable and evident, without
labour and reply, and needed no more argument then the Sun needs an advo<g ref="char:EOLhyphen"/>cate
to prove that he is the brightest starre in the firmament.</p>
                     <p>Well,<note place="margin">16.</note> so it was, they crucified him, and when they did they did as much
put out the eye of heaven as destroy the Son of God; for when with an in<g ref="char:EOLhyphen"/>comparable
sweetness, and a patience exemplar to all ages of sufferers, he en<g ref="char:EOLhyphen"/>dured
affronts, examinations, scorns, insolencies of rude ungentle Tradesmen,
cruel whippings, injurious, unjust and unreasonable usages from those whom
he obliged by all the arts of endearment and offers of the biggest kindness, at last
he went to death as to the work which God appointed him that he might be<g ref="char:EOLhyphen"/>come
the worlds sacrifice, and the great example of holiness, and the instance
of representing by what way the world was to be made happy [even by
sufferings and so entring into heaven] that he might (I say) become the Savi<g ref="char:EOLhyphen"/>our
of his Enemies, and the elder Brother to his friends, and the Lord of
Glory, and the fountain of its emanation. Then it was that God gave new
testimonies from heaven; The Sun was eclipsed all the while he was upon the
Cross, and yet the Moon was in the full; that is, he lost his light, not because
any thing in nature did invest him, but because the God of nature (as a Hea<g ref="char:EOLhyphen"/>then
at that very time confessed, who yet saw nothing of this sad iniquity)
did suffer. The rocks did rend, the ve<gap reason="illegible" resp="#TECH" extent="1 letter">
                           <desc>•</desc>
                        </gap>l of the Temple divided of it self and
opened the inclosures, and disparked the Sanctuary, and made it pervious to
the Gentiles eye; the dead arose, and appeared in <hi>Jerusalem</hi> to their friends,
the Centurion and divers of the people smote their hearts, and were by these
strange indications convinced that he was the Son of God. His garments
were parted, and lots cast upon his inward coat, they gave him vinegar and
gall to drink, they brake not a bone of him, but they pierced his side with a
spear, looking upon him whom they had pierced; according to the Prophe<g ref="char:EOLhyphen"/>cies
of him, which were so clear and descended to minutes and circumstances
of his passion, that there was nothing left by which they could doubt whether
this were he or no who was to come into the world: But after all this, that
all might be finally verified and no scruple left, after three days burial, a
great stone being rolled to the face of the grave, and the stone sealed, and a
guard of Souldiers placed about it, he arose from the grave, and for forty days
together conversed with his followers and Disciples, and beyond all suspicion
was seen of 500. Brethren at once, which is a number too great to give their
consent and testimony to a lye, and it being so publickly and confidently
affirmed at the very time it was done, and for ever after urged by all Chri<g ref="char:EOLhyphen"/>stians,
used as the most mighty demonstration, proclaimed, preached, talked
of, even upbraided to the gainsayers, affirmed by eye-witnesses, perswa<g ref="char:EOLhyphen"/>ded
to the kinred and friends and the relatives and companions of all those
500. persons who were eye-witnesses, it is infinitely removed from a reason<g ref="char:EOLhyphen"/>able
suspicion; and at the end of those days was taken up into heaven in the
sight of many of them, as <hi>Elias</hi> was in the presence of <hi>Elisha.</hi>
                     </p>
                     <p>Now he of whom all these things are true,<note place="margin">17.</note> must needs be more then a
meer man, and that they were true was affirmed by very many eye-witnesses,
men who were innocent, plain men, men that had no bad ends to serve, men
that looked for no preferment by the thing in this life; men to whom their
Master told they were to expect not Crowns and Scepters, not praise of men
or wealthy possessions, not power and ease, but a voluntary casting away care
<pb n="131" facs="tcp:58903:93"/>
and attendance upon secular affairs that they might attend their Ministery; po<g ref="char:EOLhyphen"/>verty
and prisons, trouble and vexation persecution and labour, whippings
and banishment, bonds and death, and for a reward they must stay till a good
day came, but that was not to be at all in this world; and when the day of
restitution and recompence should come, they should never know till it came,
but upon the hope of this and the faith of Jesus, and the word of God so
taught, so consigned, they must rely wholly and for ever. Now let it be con<g ref="char:EOLhyphen"/>sidered.
how could matters of fact be proved better? and how could this be
anything, but such as to rely upon matters of fact? what greater certainty
can we have of any thing that was ever done which we saw not, or heard not,
but by the report of wise and honest persons? especially since they were such
whose life and breeding was so far from ambition and pompousness that as they
could not naturally and reasonably hope for any great number of Proselytes,
so the same that could be hop'd for amongst them, as it must be a matter of
their own procuring, and consequently uncertain, so it must needs be very in<g ref="char:EOLhyphen"/>considerable,
not fit to outweigh the danger and the loss, nor yet at all va<g ref="char:EOLhyphen"/>luable
by them whose education and pretences were against it? These we
have plentifully. But if these men are numerous and united, it is more. Then
we have more; For so many did affirm these things which they saw and
heard, that thousands of people were convinced of the truth of them: But
then if these men offer their oath, it is yet more, but yet not so much as we
have, for they sealed those things with their blood; they gave their life for a
testimony; and what reward can any man expect, if he gives his life for a lye?
who shall make him recompence, or what can tempt him to doe it knowing<g ref="char:EOLhyphen"/>ly?
but after all, it is to be remembred, that as God hates lying, so he hates in<g ref="char:EOLhyphen"/>credulity;
as we must not beleeve a lye, so neither stop up our eyes and ears
against truth; and what we doe every minute of our lives in matters of little
and of great concernment, if we refuse to doe in our Religion which yet is
to be conducted as other humane affairs are, by humane instruments and argu<g ref="char:EOLhyphen"/>ments
of perswasion proper to the nature of the thing, it is an obstinacy that
is as contrary to humane reason as it is to Divine faith.</p>
                     <p>These things relate to the <hi>person</hi> of the <hi>holy Jesus,</hi>
                        <note place="margin">18.</note> and prove sufficiently
that it was <hi>extraordinary,</hi> that it was <hi>divine,</hi> that <hi>God was with him,</hi> that his
power wrought in him; and therefore that it was his will which Jesus taught,
and God signed. But then if nothing of all this had been, yet even the do<g ref="char:EOLhyphen"/>ctrine
it self proves it self <hi>Divine</hi> and to come from God.</p>
                     <p>For it is a Doctrine perfective of humane nature,<note place="margin">19.</note> that teaches us to love
God and to love one another, to hurt no man, and to doe good to every man,
it propines to us the noblest, the highest, and the bravest pleasures of the world;
the joys of charity, the rest of innocence, the peace of quiet spirits, the wealth
of beneficence, and forbids us onely to be beasts and to be Devils, it allows
all that God and nature intended, and onely restrains the excrescencies of na<g ref="char:EOLhyphen"/>ture,
and forbids us to take pleasure in that which is the onely entertainment
of Devils, in murders and revenges, malice and spiteful words and actions;
it permits corporal pleasures where they can best minister to health and socie<g ref="char:EOLhyphen"/>ties,
to conservation of families and honour of Communities, it teaches men
to keep their words that themselves may be secured in all their just interests,
and to doe good to others that good may be done to them; it forbids biting
one another that we may not be devoured by one another; and commands
obedience to superiours, that we may not be ruined in confusions; it com<g ref="char:EOLhyphen"/>bines
<pb n="132" facs="tcp:58903:94"/>
Governments, and confirms all good Laws, and makes peace, and op<g ref="char:EOLhyphen"/>poses
and prevents warres where they are not just, and where they are not
necessary. It is a Religion that is life and spirit, not consisting in ceremonies
and external amusements, but in the services of the heart, and the real fruit of
lips and hands, that is, of good words and good deeds, it bids us to doe that to
God which is agreeable to his excellencies, that is, worship him with the best
thing we have, and make all things else minister to it; it bids us doe that to
our neighbour, by which he may be better: it is the perfection of the natural
Law, and agreeable to our natural necessities, and promotes our natural ends
and designs: it does not destroy reason, but instructs it in very many things,
and complies with it in all, it hath in it both <hi>heat</hi> and <hi>light,</hi> and is not more
effectual then it is beauteous; it promises every thing that we can desire, and
yet promises nothing but what it does effect; it proclaims warie against all
vices, and generally does command every vertue; it teaches us with ease to
mortify those affections which reason durst scarce reprove, because she hath not
strength enough to conquer, and it does create in us those vertues which rea<g ref="char:EOLhyphen"/>son
of her self never knew, and after they are known, could never approve suf<g ref="char:EOLhyphen"/>ficiently:
it is a doctrine in which nothing is superfluous or burdensome, nor
yet is there any thing wanting which can procure happiness to mankinde, or by
which God can be glorified: and if wisdome, and mercy, and justice, and sim<g ref="char:EOLhyphen"/>plicity,
and holiness, and purity, and meekness, and contentedness, and charity,
be images of God and rays of Divinity, then that Doctrine in which all these
shine so gloriously, and in which nothing else is ingredient must needs be from
God; and that all this is true in the Doctrine of Jesus needs no other proba<g ref="char:EOLhyphen"/>tion
but the reading the words.</p>
                     <p>For that the words of Jesus are contained in the Gospels,<note place="margin">20.</note> that is, in the
writings of them, who were eye-witnesses and ear-witnesses of the actions
and Sermons of Jesus, is not at all to be doubted; for in every sect we beleeve
their own records of Doctrine and institution; for it is madness to suppose the
Christians to pretend to be servants of the Laws of Jesus, and yet to make a
Law of their own which he made not: no man doubts but that the Alcoran
is the Law of Mahomet, that the old Testament contains the Religion of the
Jews; and the authority of these Books is proved by all the arguments of the
Religion, for all the arguments perswading to the Religion are intended to
prove no other then is contained in those Books; and these having been for
1500. years and more, received absolutely by all Christian assemblies, if any
man shall offer to make a question of their authority, he must declare his rea<g ref="char:EOLhyphen"/>sons,
for the disciples of the Religion have sufficient presumption, security
and possession, till they can be reasonably disturb'd; but that now they can
never be is infinitely certain, because we have a long, immemorial, universal
tradition that these Books were written in those times, by those men whose
Names they bear, they were accepted by all Churches at the very first no<g ref="char:EOLhyphen"/>tice,
except some few of the later, which were first received by some Chur<g ref="char:EOLhyphen"/>ches,
and then consented to by all, they were acknowledged by the same, and
by the next age for genuine, their authority published, their words cited, ap<g ref="char:EOLhyphen"/>peals
made to them in all questions of Religion, because it was known and
confessed that they wrote nothing but that they knew, so that they were not
deceived; and to say they would lie must be made to appear by something ex<g ref="char:EOLhyphen"/>trinsecal
to this inquiry, and was never so much as plausibly pretended by any
Adversaries, and it being a matter of another mans will, must be declared by
actions, or not at all. But besides the men that wrote them were to be belee<g ref="char:EOLhyphen"/>ved
because they did Miracles, they wrote Prophecies, which are verified by
<pb n="133" facs="tcp:58903:94"/>
the event, persons were cured at their Sepulchres, a thing so famous that it
was confessed even by the enemies of the Religion: and after all, that which
the world ought to rely upon, is the wisdome and the providence and the
goodness of God; all which it concerned to take care that the Religion, which
himself so adorned and proved by miracles and mighty signs, should not be
lost, nor any false writings be obtruded in stead of true, lest without our
fault the will of God become impossible to be obeyed. But to return to the
thing: All those excellent things which singly did make famous so many
sects of Philosophers, and remarked so many Princes of their sects, all them
united, and many more which their eyes <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap> dark and dim
could not see, are heaped together in this systeme of wisdome and holiness.
Here are plain precepts full of deepest mystery; here are the measures of ho<g ref="char:EOLhyphen"/>liness
and approaches to God describ'd; obedience and conformity, mortifi<g ref="char:EOLhyphen"/>cation
of the body, and elevations of the spirit, abstractions from earth, and
Arts of society and union with heaven, degrees of excellencies, and tendences
to perfection, imitations of God, and conversations with him; these are the
heights and descents, upon the plain grounds of natural reason, and natural re<g ref="char:EOLhyphen"/>ligion,
for there is nothing commanded but what our reason by nature ought
to choose, and yet nothing of natural reason taught but what is heightned
and made more perfect by the Spirit of God; and when there is any thing
in the Religion, that is against flesh and blood, it is onely when flesh and blood
is against us, and against reason, when flesh and blood either would hinder us
from great felicity, or bring us into great misery: To conclude, it is such a
Law, that nothing can hinder men to receive and entertain, but a pertinacious
baseness and love to vice, and none can receive it but those who resolve to be
good and excellent; and if the holy Jesus had come into the world with less
splendor of power and mighty demonstrations, yet even the excellency of
what he taught, makes him alone fit to be the Master of the world.</p>
                     <p>But then let us consider what this excellent person did effect,<note place="margin">21.</note> and with
what instruments he brought so great things to pass. He was to put a period
to the Rites of <hi>Moses,</hi> and the Religion of the Temple; of which the Jews
were zealous even unto pertinacy; to reform the manner of all mankinde, to
confound the wisdome of the Greeks, to break in peeces the power of the De<g ref="char:EOLhyphen"/>vil,
to destroy the worship of all false Gods, to pull down their Oracles, and
change their Laws, and by principles wise and holy to reform the false discour<g ref="char:EOLhyphen"/>ses
of the world. But see what was to be taught, A Trinity in the Unity of
the Godhead, <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>, that is the Christian Arithmetick, <hi>Three are one
and one are three,</hi> so <hi>Lucian</hi> in his <hi>Philopatris,</hi> or some other derides the Chri<g ref="char:EOLhyphen"/>stian
Doctrine; See their Philosophy, <hi>Ex nihilo nihil fit.</hi> No: <hi>Ex nihilo omnia,</hi>
all things are made of nothing; and a <hi>Man-God</hi> and a <hi>God-Man,</hi> the same per<g ref="char:EOLhyphen"/>son
finite and infinite, born in time, and yet from all eternity the Son of God,
but yet born of a Woman, and she a Maid, but yet a Mother; resurrection of
the dead, reunion of soul and body; this was part of the Christian Physicks
or their natural Philosophy. But then certainly their moral was easy and de<g ref="char:EOLhyphen"/>licious.
It is so indeed, but not to flesh and blood, whose appetites it pre<g ref="char:EOLhyphen"/>tends
to regulate or to destroy, to restrain or else to mortify: <hi>fasting</hi> and <hi>pe<g ref="char:EOLhyphen"/>nance,</hi>
and <hi>humility, loving our enemies, restitution of injuries,</hi> and <hi>self-denial,</hi> and
<hi>taking up the Cross,</hi> and <hi>losing all our goods,</hi> and <hi>giving our life for Jesus:</hi> As
the other was hard to beleeve, so this is as hard to doe. But for whom and un<g ref="char:EOLhyphen"/>der
whose conduct was all this to be beleeved, and all this to be done, and
all this to be suffered? surely for some glorious and mighty Prince, whose
<pb n="134" facs="tcp:58903:95"/>
splendor as far outshines the Romane Empire as the jewels of <hi>Cleopatra</hi> out<g ref="char:EOLhyphen"/>shined
the swadling clothes of the Babe at <hi>Bethlehem.</hi> No it was not so nei<g ref="char:EOLhyphen"/>ther.
For all this was for <hi>Jesus</hi> whom his followers preached; a poor Babe
born in a stable, the son of a Carpenter, cradled in a cratch, swadled in poor
clouts; it was for him whom they indeed call'd a God, but yet whom all the
world knew, and they themselves said, was whip'd at a post, nailed to a Cross;
he fell under the malice of the Jews his Countrymen, and the power of his
Romane Lords, a cheap and a pitiful sacrifice without beauty and without
splendor. The design is great, but does not yet seem possible; But therefore let
us see what instruments the Holy Jesus chose to effect these so mighty chan<g ref="char:EOLhyphen"/>ges,
to perswade so many propositions, to endear so great sufferings, to over<g ref="char:EOLhyphen"/>come
so great enemies, to master so many impossibilities which <hi>this</hi> Doctrine
and <hi>this</hi> Law from <hi>this</hi> Master were sure to meet withall.</p>
                     <p>Here,<note place="margin">22.</note> here it is that the Divinity of the power is proclaimed. When a
man goes to warre he raises as great an Army as he can to out-number his Ene<g ref="char:EOLhyphen"/>my,
but when God fights, three hundred men that lap like a dogge are suffi<g ref="char:EOLhyphen"/>cient;
nay one word can dissolve the greatest army. He that means to effect
any thing must have means of his own proportionable, and if they be not, he
must fail, or derive them from the mighty. See then with what instruments
the holy Jesus sets upon this great reformation of the world. Twelve men
of obscure and poor birth, of contemptible Trades and quality, without lear<g ref="char:EOLhyphen"/>ning,
without breeding; these men were sent into the midst of a knowing and
wise world to dispute with the most famous Philosophers of <hi>Greece,</hi> to out-wit
all the learning of <hi>Athens,</hi> to out-preach all the <hi>Roman</hi> Orators; to introduce into
a newly setled Empire, which would be impatient of novelties and change, such
a change as must destroy all their Temples, or remove thence all their gods:
against which change all the zeal of the world, and all the passions, and all the
seeming pretences which they could make, must needs be violently opposed
a change that introduced new Laws, and caused them to reverse the old, to
change that Religion under which their Fathers long did prosper, and under
which the <hi>Romane</hi> Empire obtained so great a grandeur, for a Religion which
in appearance was silly and humble, meek and peaceable, not apt indeed to
doe harm, but exposing men to all the harm in the world, abating their cou<g ref="char:EOLhyphen"/>rage,
bl<gap reason="illegible" resp="#TECH" extent="1 letter">
                           <desc>•</desc>
                        </gap>nting their swords, teaching peace and unactiveness, and making the
Souldiers arms in a manner useless, and untying their military girdle; a Reli<g ref="char:EOLhyphen"/>gion
which contradicted their reasons of State, and erected new Judicatories,
and made the <hi>Romane</hi> Courts to be silent and without causes; a Religion that
gave countenance to the poor and pitiful (but in a time when riches were ado<g ref="char:EOLhyphen"/>red,
&amp; ambition esteemed the greatest nobleness, and pleasure thought to be the
chiefest good) it brought no peculiar blessing to the rich or mighty, unless
they would become poor and humble in some reall sense or other; a Religion
that would change the face of things, and would also pierce into the secrets of
the soul, and unravel all the intrigues of hearts, and reform all evil manners,
and break vile habits into gentleness and counsel: that such a Religion in such
a time, preached by such mean persons, should triumph over the Philosophy of
the world, and the arguments of the subtle, and the Sermons of the eloquent,
and the power of Princes, and the interest of States, and the inclinations of
nature, and the blindness of zeal, and the force of custome, and the pleasures of
sin, and the busie Arts of the Devil, that is, against wit, and power, and money,
and Religion, and wilfulness, and fame, and Empire, which are all the things
in the world that can make a thing impossible; this I say could not be by the
<pb n="135" facs="tcp:58903:95"/>
proper force of such instruments; for no man can <gap reason="illegible" resp="#TECH" extent="1 span">
                           <desc>〈…〉</desc>
                        </gap>
palm, nor govern wise Empires with Diagrams. It were impudence to send
a footman to command <hi>Caesar</hi> to lay down his arms, to d<gap reason="illegible" resp="#TECH" extent="1 letter">
                           <desc>•</desc>
                        </gap>sband h<gap reason="illegible" resp="#TECH" extent="1 letter">
                           <desc>•</desc>
                        </gap>s legions
and throw himself into <hi>Tyber,</hi> or keep a Tavern nex<gap reason="illegible" resp="#TECH" extent="1 letter">
                           <desc>•</desc>
                        </gap> to <hi>Pompeys</hi> Theatre; but
if a sober man shall stand alone unarm'd, undefended, or unprovided, and shall
tell that he will make the Sun stand still, or remove a mountain, or reduce
<hi>Xerxes</hi> his Army to the scantling of a single Troop, he that beleeves he will
and can doe this, must beleeve he does it by a higher power thee he can yet
perceive, and so it was in the present transaction. For that the holy Jesus made
invisible powers to doe him visible honours, that his Apostles hunted the Dae<g ref="char:EOLhyphen"/>mons
from their Tripods, their Navels, their Dens, their hollow Pipes, their
Temples, and their Altars, that he made the Oracles silent, as <hi>Lucian, <hi>Porphyrie,</hi>
Celsus,</hi> and other Heathens confess; that against the order of new things, which
let them be never so profitable or good doe yet suffer reproach and cannot pre<g ref="char:EOLhyphen"/>vail
unless they commence in a time of advantage and favour, yet that this
should flourish like the Palm by pressure, grow glorious by opposition, thrive
by persecution, and was demonstrated by objections, argues a higher cause
then the immediate instrument; now how this higher cause did intervene is vi<g ref="char:EOLhyphen"/>sible
and notorious: The Apostles were not learned, but the holy Jesus pro<g ref="char:EOLhyphen"/>mised
that he would send down wisdome from above, from the Father of spi<g ref="char:EOLhyphen"/>rits;
they had no power, but they should be invested with power from on
high they were <hi>ignorant</hi> and <hi>timorous,</hi> but he would make them <hi>learned</hi> and
<hi>confident,</hi> and so he did: he promised that in a few days he would send the holy
Ghost upon them, and he did so, after ten days they felt and saw glorious im<g ref="char:EOLhyphen"/>mission
from heaven, lights of movable fire sitting upon their heads, and that
light did illuminate their hearts, and the mighty rushing winde inspired them
with a power of speaking divers languages, and brought to their remembrances
all that Jesus did and taught, and made them wise to conduct souls, and bold
to venture, and prudent to advise, and powerful to doe miracles, and w<gap reason="illegible" resp="#TECH" extent="2 letters">
                           <desc>••</desc>
                        </gap>y
to convince gainsayers, and hugely instructed in the Scriptures, and gave them
the spirit of Government, and the spirit of Prophecy. This thing was so pub<g ref="char:EOLhyphen"/>lick
that at the first notice of it three thousand souls were converted on that
very day, at the very time when it was done; for it was certainly a visible de<g ref="char:EOLhyphen"/>monstration
of an invisible power, that ignorant persons who were never
taught, should in an instant speak all the Languages of the Romane Empire;
and indeed this thing was so necessary to be so, and so certain that it was so, so
publick and so evident, and so reasonable, and so useful, that it is not easy to
say whether it was the indication of a greater power, or a greater wisdome;
and now the means was proportionable enough to the biggest end; without
learning they could not confute the learned world; but therefore God be<g ref="char:EOLhyphen"/>came
their Teacher: without power they could not break the Devils violence,
but therefore God gave them power; without courage they could not contest
against all the violence of the Jews and Gentiles; but therefore God was their
strength and gave them fortitude; without great caution and providence they
could not avoid the traps of crafty Persecutors, but therefore God gave them
caution, and made them provident, and as <hi>Besaleel</hi> and <hi>Aholiab</hi> received the
spirit of God, the spirit of understanding to enable them to work excellently
in the Tabernacle, so had the Apostles to make them wise for the work of
God and the Ministeries of this Diviner Tabernacle, <hi>which God pitched, not
man.</hi> Immediately upon this, the Apostles to make a fulness of demonstra<g ref="char:EOLhyphen"/>tion
and an undeniable conviction gave the spirit to others also, to <hi>Jews</hi> and
<hi>Gentiles</hi> and to the men of <hi>Samaria,</hi> and they spake with Tongues and prophe<g ref="char:EOLhyphen"/>sied,
<pb n="136" facs="tcp:58903:96"/>
then they preached to all Nations, and endured all persecutions, and cu<g ref="char:EOLhyphen"/>red
all diseases, and raised the dead to life, and were brought before Tribu<g ref="char:EOLhyphen"/>nals,
and confessed the Name of Jesus, and convinced the blasphemous Jews
out of their own Prophets, and not onely prevailed upon women and weak
men, but even upon the bravest and wisest. All the disciples of <hi>John</hi> the <hi>Ba<g ref="char:EOLhyphen"/>ptist,</hi>
the <hi>Nazarens</hi> and <hi>Ebionites, Nicodemus</hi> and <hi>Joseph</hi> of <hi>Arimathea, Sergius</hi> the
<hi>President, Dionysius</hi> an <hi>Athenian Judge,</hi> and <hi>Polycarpus, Justinus</hi> and <hi>Irenaus,
Athenagoras</hi> and <hi>Origen, Tertullian</hi> and <hi>Clemens of Alexandria,</hi> who could not be
such fools as upon a matter not certainly true but probably false, to unravel
their former principles, and to change their liberty for a Prison, wealth for
poverty, honour for disreputation, life for death, if by such exchange they had
not been secured of truth and holiness and the will of God.</p>
                     <p>But above all these was <hi>Saul,</hi>
                        <note place="margin">23.</note> a bold and a witty, a zealous and learned
young man, who going with Letters to persecute the Christians of <hi>Damascus,</hi>
was by a light from heaven called from his furious march, reproved by Gods
Angel for persecuting the cause of Jesus, was sent to the City, baptized by a
Christian Minister, instructed and sent abroad, and he became the prodigy
of the world for learning and zeal, for preaching and writing, for labour and
sufference, for government and wisdome; he was admitted to see the holy
Jesus after the Lord was taken into heaven, he was taken up into Paradise, he
conversed with Angels, he saw unspeakable rayes of glory, and besides that
himself said it, who had no reason to lie, who would get nothing by it here
but a conjugation of troubles, and who should get nothing by it hereafter if it
were false; besides this I say, that he did all those acts of zeal and obedience
for the promotion of the Religion does demonstrate he had reason extraordi<g ref="char:EOLhyphen"/>nary
for so sudden a change, so strange a labour, so frequent and incompa<g ref="char:EOLhyphen"/>rable
sufferings: and therefore as he did and suffered so much upon such glo<g ref="char:EOLhyphen"/>rious
motives, so he spared not to publish it to all the world, he spake it to
Kings and Princes, he told it to the envious Jews; he had partners of his jour<g ref="char:EOLhyphen"/>ney
who were witnesses of the miraculous accident, and in his publication he
urged the notoriousness of the fact, as a thing not feigned, not private, but
done at noon day under the Test of competent persons, and it was a thing that
proved it self, for it was effective of a <hi>present,</hi> a <hi>great,</hi> and a <hi>permanent</hi> change.</p>
                     <p>But now it is no new wonder but a pursuance of the same conjugation
of great and Divine things,<note place="margin">24.</note> that the Fame and Religion of Jesus was with so
incredible a swiftness scattered over the face of the habitable world, from one
end of the earth unto the other; it filled all <hi>Asia</hi> immediately, it passed pre<g ref="char:EOLhyphen"/>sently
to <hi>Europe,</hi> and to the furthest <hi>Africans,</hi> and all the way it went it told
nothing but an holy and an humble story, that he who came to bring it into the
world, died an ignominious death, and yet this death did not take away their
courage, but added much: for they could not fear death for that Master,
whom they knew to have for their sakes suffered death, and came to life again.
But now infinite numbers of persons of all sexes, and all ages, and all Coun<g ref="char:EOLhyphen"/>tries
came in to the <hi>Holy Crucifix,</hi> and he that was crucified in the reign of <hi>Ti<g ref="char:EOLhyphen"/>berius,</hi>
was in the time of <hi>Nero,</hi> even in <hi>Rome</hi> it self, and in <hi>Nero</hi>'s family by many
persons esteem'd for a God; and it was upon publick record that he was so ac<g ref="char:EOLhyphen"/>knowledged;
and this was by a Christian, <hi>Justin Martyr,</hi> urged to the Senate,
and to the Emperours themselves, who if it had been otherwise could easily
have confuted the bold allegation of the Christian, who yet did die for that
Jesus who was so speedily reputed for a God; the Cross was worn upon brests,
<pb n="137" facs="tcp:58903:96"/>
printed in the air, drawn upon fore-heads, carried on banners, put upon
crowns Imperial; and yet the Christians were sought for to punishments, and
exquisite punishments sought forth for them; their goods were confiscate,
their names o<gap reason="illegible" resp="#TECH" extent="1 letter">
                           <desc>•</desc>
                        </gap>ious, prisons were their houses, and so many kinds of tortures
invented for them that <hi>Domitius Ulpianus</hi> hath spent seven Books in describing
the variety of tortures the poor Christian was put to at his first appearing<g ref="char:punc">▪</g> and
yet in despite of all this, and ten thousand other objections and impossibilities,
whatsoever was for them made the Religion grow, and whatsoever was against
them made it grow; if they had peace, the Religion was prosperous, if they
had persecution, it was still prosperous: if Princes favoured them the world
came in because the Christians lived holily; if Princes were incensed, the world
came in because the Christians died bravely. They sought for death with gree<g ref="char:EOLhyphen"/>diness,
they desired to be grinded in the teeth of Lions, and with joy they be<g ref="char:EOLhyphen"/>held
the wheels and the bended trees, the racks and the gibbets, the fires and
the burning irons, which were like the chair of <hi>Elias</hi> to them, instruments to
carry them to heaven, into the bosome of their beloved Jesus.</p>
                     <p>Who would not acknowledge the Divinity of this person,<note place="margin">25.</note> and the excel<g ref="char:EOLhyphen"/>lency
of this institution, that should see infants to weary the hands of Hangmen
for the testimony of Jesus? and wise men preach this doctrine for no other
visible reward, but shame and death, poverty and banishment? and Hangmen
converted by the blood of Martyrs springing upon their faces which their im<g ref="char:EOLhyphen"/>pious
hands and cords have strained through their flesh? who would not have
confessed the honour of Jesus, when he should see miracles done at the Tombs
of Martyrs, and Devils tremble at the mention of the name of Jesus, and the
world running to the honour of the poor <hi>Nazaren,</hi> and Kings and Queens
kissing the feet of the poor servants of Jesus? Could a Jew Fisherman and a
Publican effect all this for the son of a poor Maiden of <hi>Judaea?</hi> can we sup<g ref="char:EOLhyphen"/>pose
all the world, or so great a part of mankinde can consent by chance, or
suffer such changes for nothing? or for any thing less then this? The son of
the poor Maiden was the son of God, and the Fishermen spake by a Divine
spirit, and they catched the world with holiness and miracles, with wisdome
and power bigger then the strength of all the Roman Legions. And what can
be added to all this, but this thing alone to prove the Divinity of Jesus? He
is a God, or at least is taught by God who can foretel future contingencies;
and so did the holy Jesus, and so did his Disciples.</p>
                     <p>Our blessed Lord while he was alive foretold that after his death his Reli<g ref="char:EOLhyphen"/>gion
should flourish more then when he was alive:<note place="margin">26.</note> He foretold Persecutions
to his Disciples; he foretold the mission of the holy Ghost to be in a very
few days after his Ascension, which within ten days came to pass; he prophe<g ref="char:EOLhyphen"/>sied
that the fact of <hi>Mary Magdalen</hi> in anointing the head and feet of her Lord,
should be publick and known as the Gospel it self, and spoken of in the same
place; he foretold the destruction of <hi>Jerusalem</hi> and the signs of its approach,
and that it should be by Warre, and particularly after the manner of Pro<g ref="char:EOLhyphen"/>phets
symbolically, nam'd the Nation should doe it; pointing out the Roman
Eagles, he foretold his death, and the manner of it, and plainly before-hand
published his Resurrection, and told them it should be the sign to that genera<g ref="char:EOLhyphen"/>tion,
<hi>viz.</hi> the great argument to prove him to be the Christ, he prophesied that
there should arise false Christs after him, and it came to pass to the extreme
great calamity of the Nation; and lastly, he foretold that his beloved Disciple
S. <hi>John</hi> should tarry upon the earth till his coming again, that is, to his coming
<pb n="138" facs="tcp:58903:97"/>
to Judgement upon <hi>Jerusalem;</hi> and that his Religion should be preached to
the Gentiles, that it should be scattered over all the world, and be received by
all Nations, that it should stay upon the face of the earth till his last coming to
judge all the world, and that <hi>the gates of hell should not be able to prevail against
his Church;</hi> which Prophecie is made good thus long, till this day, and is as a
continual argument to justify the Divinity of the Author: The continuance
of the Religion helps to continue it, for it proves that it came from God, who
fore old that it should continue; and therefore it must continue because it
came from God, and therefore it came from God because it does and shall
for ever continue according to the word of the holy Jesus.</p>
                     <p>But after our blessed Lord was entred into glory,<note place="margin">27.</note> the disciples also were Pro<g ref="char:EOLhyphen"/>phets;
<hi>Agabus</hi> foretold the dearth that was to be in the Romane Empire in the
days of <hi>Claudius Caesar,</hi> and that S. <hi>Paul</hi> should be bound at <hi>Jerusalem;</hi> S. <hi>Paul</hi>
foretold the entring in of Hereticks into <hi>Asia</hi> after his departure; and he and
S. <hi>Peter</hi> and S. <hi>Jude</hi> and generally the rest of the Apostles had two great predi<g ref="char:EOLhyphen"/>ctions,
which they used not onely as a verification of the doctrine of Jesus, but
as a means to strengthen the hearts of the Disciples who were so broken with
persecution: The one was, that there should arise a Sect of vile men who
should be enemies to Religion and Government, and cause a great Apostacy,
which happened notoriously in the Sect of the Gnosticks, which those three
Apostles and S. <hi>John</hi> notoriously and plainly doe describe: And the other
was, that although the Jewish Nation did m<gap reason="illegible" resp="#TECH" extent="1 letter">
                           <desc>•</desc>
                        </gap>ghtily oppose the Religion, it
should be but for a while, for they should be destroyed in a short time, and their
Nation made extremely miserable; but for the Christians, if they would fly
from <hi>Jerusalem</hi> and goe to <hi>Pella,</hi> there should not a hair of their head perish:
the verification of this Prophecie the Christians extremely long'd for and
wondred it staid so long, and began to be troubled at the delay, and suspected
all was not well, when the great proof of their Religion was not verified; and
while they were in thoughts of heart concerning it, the sad <hi>Catalysis</hi> did come,
and swept away 1100000. of the Nation and from that day forward the Na<g ref="char:EOLhyphen"/>tion
was broken in peeces with intolerable calamities, they are scattered over
the face of the earth, and are a vagabond Nation, but yet like <hi>oyle</hi> in a vessel
of wine, broken into bubbles but kept in their own circles, and they shall ne<g ref="char:EOLhyphen"/>ver
be an united people till they are servants of the holy Jesus; but shall remain
without Priest or Temple, without Altar or Sacrifice, without City or Coun<g ref="char:EOLhyphen"/>try,
without the land of Promise, or the promise of a blessing, till our Jesus is
their high Priest and the Shepherd to gather them into his fold: And this very
thing is a mighty demonstration against the Jews by their own Prophets, for
when <hi>Isaiah</hi> and <hi>Jeremiah,</hi> and <hi>Malachi</hi> had Prophesied the rejection of the
Jews and the calling of the Gentiles, and the change of the old Law, and the
introduction of a new by the Messias, that this was he, was therefore certain,
because he taught the world a new Law and presently after the publication of
this, the old was abrogate, and not onely went into desuetude, but into a total
abolition among all the world; and for those of the remnant of the scattered
Jews who obstinately blaspheme, the Law is become impossible to them, and
they placed in such circumstances that they need not dispute concerning its
obligation; for it being <hi>external</hi> and <hi>corporal, ritual</hi> and at last made also <hi>local,</hi>
when the circumstances are impossible, the Law that was wholly ceremonial
and circumstantial must needs pass away, and when they have lost their Priest<g ref="char:EOLhyphen"/>hood,
they cannot retain the Law, as no man takes care to have his beard sha<g ref="char:EOLhyphen"/>ved
when his head is off.</p>
                     <p>
                        <pb n="139" facs="tcp:58903:97"/>
And it is a wonder to consider how the anger of God is gone out upon
that miserable people,<note place="margin">28.</note> and that so great a blindness is fallen upon them, it
being evident and notorious, that the old Testament was nothing but a shadow
and umbrage of the new, that the Prophecies of that are plainly ver<gap reason="illegible" resp="#TECH" extent="1 letter">
                           <desc>•</desc>
                        </gap>fied in
this; that all the predictions of the Messias are most undeniably accomplished
in the person of Jesus Christ, so that they cannot with any plausibleness or co<g ref="char:EOLhyphen"/>lour
be turned any other way, and be applied to any other person, although
the Jews make illiterate allegations, and prodigious dreams, by which they have
fool'd themselves for 1600. years together, and still hope without reason, and
are confident without revelation, and pursue a shadow while they quit the
glorious <gap reason="illegible" resp="#TECH" extent="1 letter">
                           <desc>•</desc>
                        </gap>ody; while in the mean time the <hi>Christian</hi> prays for his conversion,
and is at rest in the truth of Jesus, and hath certain unexpressible confidencies
and internal lights, clarities of the holy Spirit of God, and loves to the holy
Jesus produc'd in his soul, that he will die when he cannot dispute, and is sa<g ref="char:EOLhyphen"/>tisfied
and he knows not how, and is sure by comforts, and comforted by the
excellency of his beleef, which speaks nothing but holiness, and light and rea<g ref="char:EOLhyphen"/>son,
and peace and satisfactions infinite, because he is sure that all the world
can be happy if they would live by the Religion of Jesus, and that neither
societies of men nor single persons can have felicity but by this, and that there<g ref="char:EOLhyphen"/>fore
God who so decrees to make men happy, hath also decreed that it shall
for ever be upon the face of the earth, till the earth it self shall be no more.
<hi>Amen.</hi>
                     </p>
                     <p>Now if against this vast heap of things any man shall but confront the
pretences of any other Religion,<note place="margin">29.</note> and see how they fail both of reason and holi<g ref="char:EOLhyphen"/>ness,
of wonder and Divinity, how they enter by force, and are kept up by
humane interests, how ignorant and unholy, how unlearned and pitiful are their
pretences, the darknesses of these must adde great eminency to the brightness
of that. For the Jews Religion which came from heaven is therefore not now
to be practised, because it did come from heaven, and was to expire into the
Christian, it being nothing but the image of this perfection; and the Jews
needed no other argument but this, that God hath made theirs impossible
now to be done, for he that ties to Ceremonies and outward usages, Temples
and Altars, Sacrifices and Priests, troublesome and expensive rites and figures
of future signification, means that there should be an abode and fixt dwel<g ref="char:EOLhyphen"/>ling,
for these are not to be done by an ambulatory people; and therefore
since God hath scattered the people into atomes and crumbs of society, with<g ref="char:EOLhyphen"/>out
Temple or Priest, without Sacrifice or Altar, without <hi>Urim</hi> or <hi>Thummim,</hi>
without Prophet or Vision, even communicating with them no way but by
ordinary providence, it is but too evident, that God hath nothing to doe with
them in the matter of that Religion, but that it is expired, and no way obli<g ref="char:EOLhyphen"/>gatory
to them or pleasing to him which is become impossible to be acted;
whereas the Christian Religion is as eternal as the soul of a man, and can no
more cease then our spirits can die, and can worship upon mountains and caves,
in fields and Churches, in peace and warre, in solitude and society, in persecu<g ref="char:EOLhyphen"/>tion
and in Sun-shine, by night and by day, and be solemnized by Clergy and
Laity in the essential parts of it, and is the perfection of the soul, and the
highest reason of man, and the glorification of God.</p>
                     <p>But for the Heathen religions it is evidently to be seen,<note place="margin">30.</note> that they are no<g ref="char:EOLhyphen"/>thing
but an abuse of the natural inclination which all men have to worship a
God, whom because they know not, they guess at in the dark; for that they
know there is and ought to be something that hath the care and providence of
<pb n="138" facs="tcp:58903:98"/>
                        <gap reason="duplicate" extent="1 page">
                           <desc>〈1 page duplicate〉</desc>
                        </gap>
                        <pb n="139" facs="tcp:58903:98"/>
                        <gap reason="duplicate" extent="1 page">
                           <desc>〈1 page duplicate〉</desc>
                        </gap>
                        <pb n="140" facs="tcp:58903:99"/>
their affairs. But the body of their Religion is nothing but little arts of Go<g ref="char:EOLhyphen"/>vernments,
and stratagems of Princes and devices to secure the Government of
new Usurpers, or to make obedience to the Laws sure, by being sacred, and to
make the yoke that was not natural, pleasant by something that is. But yet for
the whole body of it who sees not that their worshippings could not be sacred,
because they were done by something that is impure, they appeased their gods
with adul<gap reason="illegible" resp="#TECH" extent="1 letter">
                           <desc>•</desc>
                        </gap>eries and impure mixtures, by such things which <hi>Cato</hi> was ashamed
to see, by gluttonous eatings of flesh, and impious drinkings, and they did
<hi>litare in humano sanguine,</hi> they sacrificed men and women and children to their
<hi>D<gap reason="illegible" resp="#TECH" extent="1 letter">
                              <desc>•</desc>
                           </gap>mons,</hi> as is notorious in the rites of <hi>Bacchus Omesta</hi> amongst the Greeks,
and of <hi>Jupiter,</hi> to whom a Greek and a Greekess, a Galatian and a Galatess
were yearly offered; in the answers of the Oracles to <hi>Calchas</hi> as appears in <hi>Ho<g ref="char:EOLhyphen"/>mer</hi>
and <hi>Virgil;</hi> who sees not that crimes were warranted by the example of
their immortal gods, and that what did dishonour themselves, they sang
to the honour of their gods, whom they affirmed to be passionate and
proud, jealous and revengefull, amorous and lustfull, fearfull and im<g ref="char:EOLhyphen"/>patient,
drunken and sleepy, weary and wounded, that the Religions were
made lasting by policy and force, by ignorance, and the force of cu<g ref="char:EOLhyphen"/>stome,
by the preferring an inveterate error, and loving of a quiet and
prosperous evil, by the arguments of pleasure, and the correspondencies of
sensuality, by the fraud of Oracles, and the patronage of vices, and because
they feared every change as an Earthquake, as supposing overturnings of their
old error to be the eversion of their well established Governments: and it had
been ordinarily impossible that ever Christianity should have entred, if the na<g ref="char:EOLhyphen"/>ture
and excellency of it had not been such as to enter like rain into a fleece
of wooll, or the Sun into a window without noise or violence, without emo<g ref="char:EOLhyphen"/>tion
and disordering the political constitution, without causing trouble to any
man but what his own ignorance or peevishness was pleased to spin out of his
own bowels, but did establish Governments, secure obedience, made the
Laws firm, and the persons of Princes to be sacred; it did not oppose force
by force, nor <hi>strike Princes for Justice;</hi> it defended it self against enemies by
patience, and overcame them by kindness, it was the great instrument of
God to demonstrate his power in our weaknesses, and to doe good to Man<g ref="char:EOLhyphen"/>kinde
by the imitation of his excellent goodness.</p>
                     <p>Lastly,<note place="margin">31.</note> he that considers concerning the Religion and person of Maho<g ref="char:EOLhyphen"/>met,
that he was a vicious person, lustful and tyrannical, that he propounded
incredible and ridiculous propositions to his Disciples, that it entred by the
sword, by blood and violence, by murder and robbery, that it propounds sen<g ref="char:EOLhyphen"/>sual
rewards and allures to compliance by bribing our basest lusts, that it con<g ref="char:EOLhyphen"/>serves
it self by the same means it entred; that it is unlearned and foolish,
against reason, and the discourses of all wise men, that it did no miracles and
made false Prophecies: in short, that in the person that founded it, in the ar<g ref="char:EOLhyphen"/>ticle
it perswades in the manner of prevailing, in the reward it offers it is un<g ref="char:EOLhyphen"/>holy
and foolish and rude; it must needs appear to be void of all pretence,
and that no man of reason can ever be fairly perswaded by arguments, that it
is the daughter of God and came down from heaven. Since therefore there is
so nothing to be said for any other Religion, and so very much for Christia<g ref="char:EOLhyphen"/>nity,
every one of whose pretences can be proved as well as the things them<g ref="char:EOLhyphen"/>selves
doe require, and as all the world expects such things should be proved;
it follows that the holy Jesus is the Son of God, that his Religion is com<g ref="char:EOLhyphen"/>manded
by God, and is that way by which he will be worshipped and honou<g ref="char:EOLhyphen"/>red,
<pb n="141" facs="tcp:58903:99"/>
and that <hi>there is no other name under heaven by which we can be saved, but
onely by the name of the Lord Jesus.</hi> He that puts his soul upon this cannot pe<g ref="char:EOLhyphen"/>rish
neither can he be reproved who hath so much reason and argument <gap reason="illegible" resp="#TECH" extent="1 word">
                           <desc>〈◊〉</desc>
                        </gap>
his Religion. <hi>Sit anima mea cum Christianis;</hi> I pray God my soul may be n<gap reason="illegible" resp="#TECH" extent="2 letters">
                           <desc>••</desc>
                        </gap>
                        <g ref="char:EOLhyphen"/>bred
amongst the Christians.</p>
                     <p>THIS <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap> I have here brought as an instance of moral demonstration,
not onely to doe honour to my dearest Lord, by speaking true and great
things of his Name, and indevouring to advance and esta<gap reason="illegible" resp="#TECH" extent="2 letters">
                           <desc>••</desc>
                        </gap>lish his Kingdom<gap reason="illegible" resp="#TECH" extent="1 letter">
                           <desc>•</desc>
                        </gap>,
but to represent in order to the first in<gap reason="illegible" resp="#TECH" extent="1 letter">
                           <desc>•</desc>
                        </gap>ention, that a heap of probabilities may
in some cases make a sure Conscience; for as <hi>Ciecro</hi> says, <hi>Probable id est, <gap reason="illegible" resp="#TECH" extent="1 word">
                              <desc>〈◊〉</desc>
                           </gap>
habet in se quandam similitudinem, sive id falsum est, sive verum.</hi> For <gap reason="illegible" resp="#TECH" extent="1 word">
                           <desc>〈◊〉</desc>
                        </gap>
is not in the thing properly, for every thing is true or false in it self, and even
false things may have the face and the likeness of truth, and cozen even w<gap reason="illegible" resp="#TECH" extent="1 letter">
                           <desc>•</desc>
                        </gap>se
persons. It was said of <hi>Bias</hi> in <hi>Diogenes Laertius, Orator summus &amp; <gap reason="illegible" resp="#TECH" extent="1 word">
                              <desc>〈◊〉</desc>
                           </gap>,
sed in bonam causam dicendi vim omnem exercuit,</hi> he could speak excell<gap reason="illegible" resp="#TECH" extent="1 letter">
                           <desc>•</desc>
                        </gap>ntly,
but then he spake best when he had an ill cause. This <hi>Lactantius <gap reason="illegible" resp="#TECH" extent="1 span">
                              <desc>〈…〉</desc>
                           </gap>
malitiam,</hi> a cunning and an eloquent malice. But then as falshood many put on
the face of truth, so may truth also look like it self; and indeed every truth
that men preach in Religions is at least probable, that is, there is so much to
be said for it, that wise and good men may be perswaded into every truth; an<gap reason="illegible" resp="#TECH" extent="1 letter">
                           <desc>•</desc>
                        </gap>
the cause that it is onely probable is by reason of our want of knowledge of
things; but if it so happen that there is much to be said for the truth, and little
or nothing against it, then it is a moral demonstration, that is, it ought to per<g ref="char:EOLhyphen"/>swade
firmly, and upon it we may rest confidently.</p>
                     <p>This onely I am to admonish, that our assent in these cases is not to be
greater then the force of the premises,<note place="margin">33.</note> and therefore the Church of <hi>Rome</hi>
offering to prove all her Religion as it distinguishes from the other divisions
of Christians, onely by some prudential motives, or probable inducements, and
yet requiring that all her disciples should beleeve it with Divine and infallible
faith, as certainly as we beleeve a Mathematical demonstration, does unjustly
require brick where she gives no straw, and builds a tower upon a bu<gap reason="illegible" resp="#TECH" extent="1 letter">
                           <desc>•</desc>
                        </gap>rush, and
confesses that her interest is stronger then her argument, and that where by
direct proof she cannot prevail, she by little arts would affright the understan<g ref="char:EOLhyphen"/>ding.
For to give a perfect assent to probable inducements can neither be rea<g ref="char:EOLhyphen"/>sonable
nor possible for considering persons, unless these conditions be in it.</p>
                     <p>
                        <hi>The Requisites or Conditions of a Moral demonstration for the assu<g ref="char:EOLhyphen"/>ring
our Conscience.</hi>
                     </p>
                     <p>1.<note place="margin">34.</note> That the thing be the most probable to us in our present condition:
For there are summities and principalities of probation proportionable to the
ages and capacities of men and women. A little thing determines a weak
person; and children beleeve infinitely whatsoever is told to them by their
Parents or Tutors, because they have nothing to contest against it. For in
all probable discourses, there is an allay and abatement of perswasion by the
opposition of argument to argument, but they who have nothing to oppose,
and have no reason to suspect, must give themselves up wholly to it; and then
every thing that comes is equally the highest, because it fully and finally must
prevail. But then that which prevails in infancy seems childish and ridiculous
<pb n="142" facs="tcp:58903:100"/>
in our youth and then we are concluded by some pretences and pretty
<gap reason="illegible" resp="#TECH" extent="1 letter">
                           <desc>•</desc>
                        </gap>span, <gap reason="illegible" resp="#TECH" extent="1 letter">
                           <desc>•</desc>
                        </gap>which for want of experience we think very well of; and
we can then doe no more; that is a demonstration to us, which must deter<g ref="char:EOLhyphen"/>mine
us, and these little things must then doe it, because somthing must be done,
and we must doe it as wisely as we may, but no man is bound to be wiser then
he can. As the thing seems, either in its ownlight or in our position, so we are
to g<gap reason="illegible" resp="#TECH" extent="1 letter">
                           <desc>•</desc>
                        </gap>ve our assent unto it.</p>
                     <p>2.<note place="margin">35.</note> A heap of probable in lucements ought to prevail, as being then a
moral demonstration when the thing is not capable of a natural; for then
probabilities ought to prevail, when they are the best argument we have.
For if any man shall argue thus; It is not probable that God would leave his
Church without sufficient means to end controversies, and since a living in<g ref="char:EOLhyphen"/>
                        <gap reason="illegible" resp="#TECH" extent="2 letters">
                           <desc>••</desc>
                        </gap>llible
Judge is the most effective to this purpose, it is therefore to be presu<g ref="char:EOLhyphen"/>med
and relied upon that God hath done so. This argument ought not to
prevail as a moral demonstration; for though there are some semblances and
appearances of reason in it, <hi>Nihil enim est tam incredibile quod non dicendo fiat
probabile,</hi> said <hi>Cicero</hi> in his <hi>Paradoxes,</hi> there is nothing so incredible, but some<g ref="char:EOLhyphen"/>thing
may be said for it, and a witty man may make it plausible, yet there are
certainties against it. For God hath said expresly, that <hi>every man is a liar,</hi> and
therefore we are commanded to <hi>call no man Master upon earth,</hi> and the nature
of <gap reason="illegible" resp="#TECH" extent="1 word">
                           <desc>〈◊〉</desc>
                        </gap> is weak, and his understanding trifling, and every thing abuses him,
and every man that is wise sees his own ignorance, and he that is not wise is
easily deceived, and they who have pretended to be infallible have spoken pi<g ref="char:EOLhyphen"/>
                        <gap reason="illegible" resp="#TECH" extent="1 letter">
                           <desc>•</desc>
                        </gap>iful
things, and fallen into strange errors, and cannot be guarded from shame
without a whole legion of artifices and distinctions, and therefore it is certain
that no man is infallible; and where the contrary is certain, the probable pre<g ref="char:EOLhyphen"/>te<gap reason="illegible" resp="#TECH" extent="1 letter">
                           <desc>•</desc>
                        </gap>ce
is but a fallacy and an art of illusion.</p>
                     <p>3.<note place="margin">36.</note> There can be no moral demonstration against the word of God, or di<g ref="char:EOLhyphen"/>vi<gap reason="illegible" resp="#TECH" extent="1 letter">
                           <desc>•</desc>
                        </gap>e
revelation. He that should flatter himself with thinking the pains of hell
sh<gap reason="illegible" resp="#TECH" extent="1 letter">
                           <desc>•</desc>
                        </gap>l<gap reason="illegible" resp="#TECH" extent="1 letter">
                           <desc>•</desc>
                        </gap>not be eternal, because it is not agreeable to the goodness of God to in<g ref="char:EOLhyphen"/>flict
a never ceasing pain for a sudden and transient pleasure, and that there
can be no proportion between <hi>finite</hi> and <hi>infinite,</hi> and yet God who is the foun<g ref="char:EOLhyphen"/>
                        <gap reason="illegible" resp="#TECH" extent="2 letters">
                           <desc>••</desc>
                        </gap>n
of justice will observe proportions; (or if there could be ten thousand more
little things said to perswade a sinning man into confidences of an end of tor<g ref="char:EOLhyphen"/>ment)
ye<gap reason="illegible" resp="#TECH" extent="1 letter">
                           <desc>•</desc>
                        </gap> he would finde himself dece<gap reason="illegible" resp="#TECH" extent="1 letter">
                           <desc>•</desc>
                        </gap>ved, for all would be light when put
into the ballance against these words of our blessed Saviour [<hi>Where the worm
never dies, and the fire never goeth out.</hi>]</p>
                     <p>4.<note place="margin">37.</note> Where there is great probability on both sides, there neither of them
can pretend to be a moral demonstration, or directly to secure the conscience:
For contradictions can never be demonstrated; and if one says true, the other
is a fair pretender, but a foul deceiver; and therefore in this case the conscience
is to be secured indirectly and collaterally by the diligence of search, the ho<g ref="char:EOLhyphen"/>nesty
of its intention, the heartiness of its assent, the infirmity of the searcher,
and the unavoidableness of his mistake.</p>
                     <p>5.<note place="margin">38.</note> The certainty of a moral demonstration must rely upon some certain
rule, to which as to a centre, all the little and great probabilities like the lines
of a circumference must turn; and when there is nothing in the matter of the
question, then the conscience hath <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap> one great axiom to rely upon, and
that is, that <hi>God is just,</hi> and <hi>God is good, and requires no greater probation then he
hath en<gap reason="illegible" resp="#TECH" extent="1 letter">
                              <desc>•</desc>
                           </gap>bled us to finde.</hi>
                     </p>
                     <p>
                        <pb n="143" facs="tcp:58903:100"/>
6.<note place="margin">39.</note> In probable inducements, God requires onely such an assent as can be
effective of our duty and obedience, such a one as we will rely upon to real
events, such as Merchants have when they venture their goods to Sea upon
reasonable hopes of becoming rich, or Armies fight battles in hope of vi<g ref="char:EOLhyphen"/>ctory,
relying upon the strength they have as probable to prevail; and if
any article of our Religion be so proved to us as that we will reduce it to pra<g ref="char:EOLhyphen"/>ctice,
own all its consequences, live according to it, and in the pursuance of
it hope for Gods mercy and acceptance, it is an assent as great as the thing
will bear, and yet as much as our duty will require; for in these cases no man
is wise but he whose ears and heart is open to hear the instructions of any
man who is wiser and better then himself.</p>
                     <p>7.<note place="margin">40.</note> Rules of prudence are never to be accepted against a rule of Logick,
or Reason, and strict discourses. I remember that <hi>Bellarmine</hi> going to prove
Purgatory from the words of our blessed Saviour, <hi>It shall not be forgiven him
in this world, nor in the world to come;</hi> argues thus, If this shall not be forgiven
in the world to come, then it implies that some sins are there forgiven, and
therefore there is a Purgatory; because in heaven there are no sins, and in
hell there are none forgiven. This (says he) concludes not by the rule of Lo<g ref="char:EOLhyphen"/>gicians,
but it does by the rule of prudence. Now this to all wise men must
needs appear to be an egregious prevarication even of common sense; for if
the rules of Logick be true, then it is not prudence, but imprudence that con<g ref="char:EOLhyphen"/>tradicts
them, unless it be prudence to tell or to beleeve a lye. For the use of
prudence is to draw from conjectures a safe and a wise conclusion when there
are no certain rules to guide us. But against the certain rule it is folly that de<g ref="char:EOLhyphen"/>clares,
not prudence; and besides that this conjecture of <hi>Bellarmine</hi> is wholly
against the design of Christ, who intended there onely to say, that the sin
against the holy Ghost should never be pardoned; it fails also in the main
inquiry, for although there are no sins in heaven, and in hell none are forgi<g ref="char:EOLhyphen"/>ven,
yet at the day of Judgement all the sins of the penitent shall be forgiven
and acquitted with a blessed sentence: but besides this, the manner of expres<g ref="char:EOLhyphen"/>sion
is such as may with prudence be expounded, and yet to no such purpose
as he dreams. For if I should say, <hi>Aristobulus</hi> was taken away, that neither in
this life, nor after his death, his eyes might see the destruction of the Temple,
does it follow by the rule of prudence, therefore some people can see in their
grave, or in the state of separation with their bodily eyes? But as to the main
inquiry, what is to be the measure of prudence? For some confident people
think themselves very prudent, and that they say well and wisely, when
others wiser then they know they talk like fools, and because no established
reason can be contradicted by a prudent conjecture, it is certain that this pru<g ref="char:EOLhyphen"/>dence
of <hi>Bellarmine</hi> was a hard shift to get an argument for nothing, and that
no prudential motives are to be valued because any man cals them so, but be<g ref="char:EOLhyphen"/>cause
they doe rely upon some sure foundation, and draw obscure lines from
a resolved truth. For it is not a prudential motive, unless it can finally rest
upon reason, or revelation, or experience, or something that is not contradi<g ref="char:EOLhyphen"/>cted
by any thing surer then it self.</p>
                  </div>
                  <div n="3" type="rule">
                     <pb n="144" facs="tcp:58903:101"/>
                     <head>RULE 3. Of two opinions equally probable, upon the account
of their proper reasons, one may be safer then an<g ref="char:EOLhyphen"/>other.</head>
                     <p>THat is more <hi>probable</hi> which hath fairer reasons,<note place="margin">1.</note> that is <hi>more safe</hi> that is fur<g ref="char:EOLhyphen"/>thest
distant from a sin: and although this be always considerable in the
matter of prudence, and in the whole conjunction of affairs, yet it is not al<g ref="char:EOLhyphen"/>ways
a proper ingredient in the question. The Abbat of <hi>Lerins</hi> hath the Pa<g ref="char:EOLhyphen"/>tronage
of some Ecclesiastical preferments in the neighbourhood; He for affe<g ref="char:EOLhyphen"/>ction
preferres to one of them an ignorant and a vicious Clerk. But afterwards
being troubled in conscience inquires if he be not bound to restitution. He
is answered, No; because it is in the matter of distributive justice, which
binds not to repair that which is past, any other ways but by repentance to
God and provisions for the future: yet he being perplexed, and unsatisfied,
does restore so much fruits to the next worthy Incumbent, as the former un<g ref="char:EOLhyphen"/>worthy
Clerk did eat. This was the surer course, and it procured peace to
him; but the contrary was the more probable answer. It is safer to restore
all gains of Usury; but it is more probable that a man is not oblig'd to it. In
which cases the advantage lies not on that side that is more probable, but on
that which is more safe, as in these sentences that oblige to restitution. For
although either part avoids a formal sin, yet the safer side also perswades to an
action that is materially good, such as restitution is; but not to restore, al<g ref="char:EOLhyphen"/>though
in these cases it may be innocent, yet in no sense can it of it self be lau<g ref="char:EOLhyphen"/>dable.</p>
                     <p>To which also in these cases it may be added,<note place="margin">2.</note> that on the safer side there is a
<hi>physical,</hi> or <hi>natural</hi> and <hi>proper</hi> certainty that we sin not: on the other, though
there is a greater probability that there is no obligation, yet at most it can
make but some degrees of moral certainty. But how farre this course is to be
chosen and pursued, or how farre the other is to be preferr'd, will afterwards
be disputed.</p>
                  </div>
                  <div n="4" type="rule">
                     <head>RULE. 4. An opinion that is speculatively probable, is not al<g ref="char:EOLhyphen"/>ways
practically the same.</head>
                     <p>IN <hi>a right and sure conscience</hi> the speculative and the practical judgement
are always united,<note place="margin">Ch<gap reason="illegible" resp="#TECH" extent="1 letter">
                              <desc>•</desc>
                           </gap>. 2. Rule 2.</note> as I have before * explicated;<note place="margin">1.</note> but in opinions that are
but <hi>probable</hi> the case is contrary. It is speculation <hi>probable,</hi> that it is lawful
to baptize in the Name of the Lord Jesus; but yet he that shall doe this pra<g ref="char:EOLhyphen"/>ctically,
does <hi>improbably</hi> and <hi>unreasonably.</hi> If the opinion of the Primitive
Christians had been probable that it is lawful to communicate infants, yet it
were at no hand fitting to be done in the present constitution of affairs; and
it were highly useful if men would consider this effectually; and not from
every tolerable opinion instantly run to an unreasonable and intolerable pra<g ref="char:EOLhyphen"/>ctice.</p>
                     <p>
                        <pb n="145" facs="tcp:58903:101"/>
For a <gap reason="illegible" resp="#TECH" extent="1 letter">
                           <desc>•</desc>
                        </gap>peculation considers the nature of things abstractedly from circum<g ref="char:EOLhyphen"/>stances
physically or me<gap reason="illegible" resp="#TECH" extent="1 letter">
                           <desc>•</desc>
                        </gap>aphysically,<note place="margin">2.</note> and yet when it comes to be reduc'd to
practice, what in the head was innocent will upon the hand become trouble<g ref="char:EOLhyphen"/>some
and criminal. If there were nothing in it but the disorder of the no<g ref="char:EOLhyphen"/>velty
or the disturbance of mens minds in a matter that is but probable, it were
highly enough to reprove this folly. Every mans imperfect discourse or half
reasons are neither fit to govern the actions of others or himself. * Suppose
it probable (which the Greek Church beleeves) that the Consecration of the
blessed Eucharist is not made by the words of institution, but by the prayers of
the holy man that ministers, the Bishop or the Priest; yet when this is reduc'd
to practice, and that a man shall omit the words of institution or consecration,
his practice is more to be reproved then his opinion could be possibly allowed.
* Some think Churches not to be more sacred then other places; what degree
of probability soever this can have, yet it is a huge degree of folly to act this
opinion, and to choose a Barn to pray in, when a Church may be had.</p>
                     <p>For there are in actions besides the proper ingredients of their intrinsecal
lawfulness or consonancy to reason,<note place="margin">3.</note> a great many outsides and adherencies that
are considerable beyond the speculation. The want of this consideration hath
done much evil in many ages; and amongst us nothing hath been more usual
then to dispute concerning a rite or Sacramental, or a constitution whether it
be necessary, and whether the contrary be not lawful; and if it be found pro<g ref="char:EOLhyphen"/>bably
so as the inquirers would have it, immediately they reduc'd it to practice,
and caused disorder and scandal, schism and uncharitableness amongst men
while they thought that Christian liberty could not be preserved in the under<g ref="char:EOLhyphen"/>standing,
unless they disorder all things by a practical conclusion. <hi>Videas quos<g ref="char:EOLhyphen"/>dam
quibus sua libertas non videtur consistere, nisi per esum carnium die Ver<gap reason="illegible" resp="#TECH" extent="1 letter">
                              <desc>•</desc>
                           </gap>is in
ejus possessionem venerint;</hi>
                        <note place="margin">Lib. 3. c 9. in<g ref="char:EOLhyphen"/>stit.</note> 
                        <hi>Calvin</hi> complains with reason. It is a strange folly
that men will not think they have possession of Christian liberty, unless they
break all Laws and all customs, as if men could not prove things to be indiffe<g ref="char:EOLhyphen"/>rent,
and not obligatory, unless they certainly omit them. Christian liberty
consists in the head, not in the hand; and when we know we are free from the
bondage, we may yet doe the work; and when our gracious Lord hath knock'd
our fetters off, we may yet think it too fit to doe what his Stewards command
us in order to his services. It is free to us to eat or to abstain, to contain or to
marry; but he that onely marries because he would triumph and brag of his
freedome, may get an imperious Mistress instead o<gap reason="illegible" resp="#TECH" extent="1 letter">
                           <desc>•</desc>
                        </gap> a gentle Master. By the
Laws of <hi>Christian liberty</hi> indifferent things are permitted to my choyce, and I
am not under their power; but no <hi>Christian liberty</hi> says that I am free from
the power of <hi>a man,</hi> though I be from the power of <hi>the thing;</hi> and although in
speculation, this last was sufficient to be considered, yet when the opinion
comes to be reduc'd to practice, the other also ought to have been thought up<g ref="char:EOLhyphen"/>on.
And besides this, it is a strange pertness and boldness of spirit, so to trust
every fancy of my own, as to put the greatest interest upon it; so to be in love
with every opinion, and trifling conceit, as to value it beyond the peace of the
Church, and the wiser Customes of the world, or the Laws and practices of a
wise and well instructed community of men. Nothing can make recompence
for a certain change but a certain truth, with apparent usefulness in order to
charity, piety, or institution.</p>
                     <p>These instances are in the matter of Religion; it may also happen thus <gap reason="illegible" resp="#TECH" extent="1 word">
                           <desc>〈◊〉</desc>
                        </gap>
the matter of justice.<note place="margin">4.</note> When <hi>Lamech</hi> perceiv'd something stirre in a bush it
<pb n="146" facs="tcp:58903:102"/>
was very probable it was a wild beast; but when he came to reduce his opi<g ref="char:EOLhyphen"/>nion
to practice, he shot at it and kill'd a man. And in the matter of justice
there is a proper reason for this rule: Because in matters of right or wrong,
possession is not to be altered without certainty, and therefore neither can I
seize upon my goods in another mans hand, unless I be sure they are mine,
though I were not otherwise restrain'd by humane Laws; neither may I expose
any thing to danger, of which I am not certainly Master.</p>
                     <p>This also is with great caution to be observ'd in the matter of chastity.
Although it may be true that in many cases such or such aspects or approxi<g ref="char:EOLhyphen"/>mations
may be lawful;<note place="margin">5.</note> that is, those things so farre as they are considered
have no dissonancy from reason: yet he that shall reduce this opinion to pra<g ref="char:EOLhyphen"/>ctice
must also remember that he is to deal with flesh and blood, which will
take fire, not onely from permissions, but from prohibitions and restraints,
and will pass instantly from lawful to unlawful: and although this may not
be a sin in consideration and discourse but is to be acquitted by the sentence of
the Schools and Pulpit, yet when it comes to be view'd and laid before the
judgement in the Court of conscience, and as it was cloth'd with circumstan<g ref="char:EOLhyphen"/>ces
it will be found, that when it came to be practised, other parts or senses
were imployed which cannot make such separations, but doe something else.</p>
                     <p>But if it be ask'd,<note place="margin">6</note> To what purpose it can be that any man should inquire
of the lawfulness of such actions which whether they be lawful or unlawful,
yet may not be done? I answer, That the inquiry is necessary for the direct
avoiding a sin in the proper matter of the instance; For he that never inquires,
sins for want of inquiry, and despises his soul because he takes no care that it be
rightly informed; but if he inquires, and be answer'd that the opinion is false,
or the action criminal, he finds by the answer that it was worth his pains to ask,
because by it he is taught to avoid a sin: But then, besides the question of <hi>law<g ref="char:EOLhyphen"/>ful</hi>
or <hi>unlawful,</hi> there are further inquiries to be made concerning <hi>fitting</hi> and
<hi>unfitting, offensive,</hi> or <hi>complying, safe</hi> or <hi>dangerous, abstractedly</hi> or in <hi>relation;</hi>
for many things which are <hi>lawful</hi> in themselves become very bad to him that
does them, and to him that suffers them.</p>
                  </div>
                  <div n="5" type="rule">
                     <head>RULE 5. The greater probability destroys the less.</head>
                     <p>THat is,<note place="margin">1</note> it is not lawful directly to choose an opinion that seems less pro<g ref="char:EOLhyphen"/>bable,
before that which is more probable; I say, <hi>directly;</hi> for if the less
probable be <hi>more safe,</hi> it becomes accidentally more eligible; of which I have
already<note n="*" place="margin">
                           <gap reason="illegible" resp="#TECH" extent="1 word">
                              <desc>〈◊〉</desc>
                           </gap> 2 of this <gap reason="illegible" resp="#TECH" extent="1 word">
                              <desc>〈◊〉</desc>
                           </gap>
                        </note> given account, and shall adde something afterward<note n="*" place="margin">
                           <gap reason="illegible" resp="#TECH" extent="1 word">
                              <desc>〈◊〉</desc>
                           </gap> 5. Rule 4.</note>. But without
this accident, the degrees of safety are left to follow the degrees of probabi<g ref="char:EOLhyphen"/>lity.
For when the safety does not depend upon the matter, it must depend
upon the reasons of the inducement; and because the safety must increase
consequently to the probability, it is against charity to omit that which is sa<g ref="char:EOLhyphen"/>fer,
and to choose that which is less safe.</p>
                     <p>For it is not in moral things as it is in natural;<note place="margin">2.</note> where a less sweet is still
sweet, though not so sweet as that which is more: and the flowers of Trefoile
are pleasant, though honey be farre more pleasant; and <hi>Phaedon</hi> may be wise,
<pb n="147" facs="tcp:58903:102"/>
though he be not so wise as <hi>Plato:</hi> because there are degrees of intension and
remission in these qualities: and if we look upon two probable propositions,
and consider them naturally, they are both consonant to reason in their appa<g ref="char:EOLhyphen"/>rencies,
though in several degrees. So that if <hi>Sempronius</hi> choose a less pro<g ref="char:EOLhyphen"/>bable,
before he hath learn'd what is more probable, he hath done well and
sefely. But when the two probables are compar'd, to reject that which is more
probable is to doe 1. Unnaturally: 2. and Unreasonably: 3. and Impru<g ref="char:EOLhyphen"/>dently.</p>
                     <p>1.<note place="margin">3</note> Unnaturally.</p>
                     <p>In matters proposed to the will, the will may choose a less good, and reject
the greater; and though it is most commonly a great imperfection to doe so,
yet it is many times innocent, because it is in the choice of the will to which it
is propounded, and no Commandement laid upon it. But in matters of opi<g ref="char:EOLhyphen"/>nion
and intellectual notices, where there is no liberty, there is a necessity of
following the natural proportions, that is, that the stronger efficient upon the
same suscipient should produce the more certain and regular effect. To think
or to opine is not free (said <hi>Aristotle</hi>)<note place="margin">Lib. 2. de an<gap reason="illegible" resp="#TECH" extent="1 letter">
                              <desc>•</desc>
                           </gap>
                           <g ref="char:EOLhyphen"/>ma. text. 153.</note> and yet he that chooses the less probable,
omitting that which is more, makes the determination by his Will, not by his
Understanding; and therefore it is not an honest act or judgement of Consci<g ref="char:EOLhyphen"/>ence,
but a production of the Will.</p>
                     <p>2.<note place="margin">4.</note> It is <hi>Unreasonable.</hi> Because in all those degrees of reasonableness in
which the less probable is excelled by that which is more probable, a man does
wholly proceed without and against that reason; and why does he choose the
less probable? I doe not ask why he chooses <hi>the less probable opinion,</hi> that I mean
which is so in it self; for he may doe that because it seems more reasonable, or he
knows nothing else: but I ask why he proceeds according to a less <hi>probable con<g ref="char:EOLhyphen"/>science?</hi>
that is, why does he choose that which he beleeves to be less probable?
for what reason does he choose that for which he hath the least reason? If there
be no reason to choose that rather then the other, then it is an unreasonable thing
to doe so. If there be a reason which is not in the other, or which is not excel<g ref="char:EOLhyphen"/>led
or equalled by it, then the case is altered, and this is not the less probable,
but equally or more. But supposing it less probable, it is a contradiction to say
a man can reasonably choose it. For if he could, there must be some greater
reason in that which hath less reason; something there must be in it whereby
it can be preferred, or be more eligible, which is directly against the supposition
and state of the question. The unreasonableness of this we may also perceive
by the necessities of mankinde, which are served by the more probable, and dis<g ref="char:EOLhyphen"/>serv'd
by that which is less. For thus Judges are bound for the interest of all
parties, and the reasonableness of the thing to judge on that side where the sen<g ref="char:EOLhyphen"/>tence
is most probable: And the Physitian in prescribing medicines must not
choose that which he least confides in, and reject that which he rather trusts.
And why doe all the world in their Assemblies take that sentence which is cho<g ref="char:EOLhyphen"/>sen
by the greater part? but because that is presumed more probable, and that
which is so, ought to be followed; and why it ought not to be so in matters
of our soul is not easily to be told, unless our conscience may be governed by
<hi>will</hi> rather then by <hi>reason,</hi> or that the interest of souls is wholly inconsiderable.</p>
                     <p>3.<note place="margin">5.</note> It is also <hi>imprudent:</hi> A man that beleeves a less probable, is light of
heart, he is incurious of his danger, and does not use those means in order to his
great end which himself judges the most reasonable, effective, and expedient.
He does as <hi>Rehoboam</hi> did, who rejected the wiser counsel of the Seniors, and
<pb n="148" facs="tcp:58903:103"/>
chose the less likely sentence of the young Gallants, and does against the ad<g ref="char:EOLhyphen"/>vice
of all those rules which are prescrib'd us in prudent choice; and if no
man ever advised another to choose that which is less reasonable, he that does
so, does against the wisdome and the interest of all the wise men in the world.</p>
                     <p>4.<note place="margin">6.</note> After all this it is not honest to doe it. For in two probables onely one
of them is true, and which that is, he can onely take the best way of the best
reason to finde out; and it is impossible he should beleeve that which to him
seems less likely, to be the more likely; and therefore so farre as is in him he
chooses that which is false, and voluntarily abuses his conscience, which, be<g ref="char:EOLhyphen"/>sides
the folly of it, is also criminal and malicious.</p>
                     <p>This doctrine thus delivered was the opinion of the ancient Casuists,<note place="margin">7.</note> 
                        <hi>An<g ref="char:EOLhyphen"/>gelus,
Sylvester, Cordubensis, Cajetan,</hi> and some others; but fiercely opposed
by the later, who are bold and confident to say that their opinion is the com<g ref="char:EOLhyphen"/>mon
and more received, and it relies upon these reasons;</p>
                     <p>1.<note place="margin">8.</note> Because if it were unlawful to follow the less probable and to leave
the greater, it is because there is danger in so doing, and no man ought to ex<g ref="char:EOLhyphen"/>pose
himself to a danger of sinning: but this pretence is nothing; for by the
consent of all sides it is lawful to follow <hi>the more probable</hi> though it be less safe;
and therefore all danger of sinning is not under pain of sin to be avoided.</p>
                     <p>2. The people are not tied to greater severity in their practices,<note place="margin">9.</note> then the
Doctors are in their Sermons and discourses, nor yet so much; because in
these an error is an evil principle, and apt to be of mischievous effect and disse<g ref="char:EOLhyphen"/>mination,
whereas an error in practice, because it is singular and circumstan<g ref="char:EOLhyphen"/>tiate,
is also personal and limited. But the Doctors may lawfully teach an opi<g ref="char:EOLhyphen"/>nion
less probable if they be moved to it by the authority of some more emi<g ref="char:EOLhyphen"/>nent
person.</p>
                     <p>3.<note place="margin">10.</note> It is confessed to be lawful to follow the opinion that is more pro<g ref="char:EOLhyphen"/>bable,
but that it is lawful to leave the more probable and to follow the less
(say they) is the more common and received opinion, and therefore also more
probable; and therefore this opinion may be chosen and pursued, and then
because we may follow that opinion which is <hi>more probable,</hi> we may follow that
which is <hi>less,</hi> because it is more probable that we may.</p>
                     <p>These Objections I answer:</p>
                     <p>1.<note place="margin">11.</note> That the danger of sinning is not the onely reason why we may not
follow the less probable opinion; for it is not always unlawful to expose our
selves to a danger of sinning, for sometimes it is necessary that we endure a
noble trial, and resist openly, and oppose an enemy, which cannot be done
without danger, but is often without sin; but to leave the more probable for
the less is not onely a danger of sinning, but a sin directly, and beyond a dan<g ref="char:EOLhyphen"/>ger;
and if it were not more then a meer danger, it could not be a sin. For
besides that this hath danger, it is a most unreasonable, and a most unnatural
thing, against the designs of God, and the proper effects of reason. But be<g ref="char:EOLhyphen"/>sides,
this way of arguing is neither good in Logick nor in Conscience. He that
can answer one of my arguments, does not presently overthrow my proposi<g ref="char:EOLhyphen"/>tion,
and it is not safe to venture upon an action, because the contrary relies
upon one weak legge. But then as to the instance in this argument, I answer,
He that follows the more probable, though it be less safe, does not expose
<pb n="149" facs="tcp:58903:103"/>
himself to any danger at all of sinning, because though he does not follow his
greatest fears, yet he follows his greatest reason, and in that he is sometimes sa<g ref="char:EOLhyphen"/>fest
though he perceives it not: However, there is in this case no danger that
is imputable to the man that follows the best reason he hath. But this excuses
not him who follows that which seems to him to have in it less reason; for
unless it be by some other intervening accident which may alter the case (of
which I shall afterwards give account) the less probable opinion hath in it
a direct danger, and therefore to choose it, is ordinarily against charity, and
in some degree against conscience it self.</p>
                     <p>2.<note place="margin">12.</note> To the second I answer, That both Doctors and the People, though
they may safely follow <hi>the less probable opinion,</hi> yet they may never directly
follow <hi>a less probable Conscience:</hi> that is, though a probable opinion is a suffi<g ref="char:EOLhyphen"/>cient
guide of conscience, and it is sufficient both for publication and for pra<g ref="char:EOLhyphen"/>ctice
that it is so; and therefore that we are not strictly tied to make a curious
search into the two probables which excels others in the degrees of reason,
lest there should arise eternal scruples, perpetual restlesness and dissatisfaction
in the minds of men; yet when of two probables there is an actual perswasion
that this is more, and that is less, neither may the Doctors teach, nor any man
follow the less, because here it is not <hi>the better opinion,</hi> but <hi>the better conscience</hi>
that is despised. It may happen that what I beleeve more probable, is indeed
less; and therefore it must be admitted to be safe <gap reason="illegible" resp="#TECH" extent="1 word">
                           <desc>〈◊〉</desc>
                        </gap> follow the less probable
opinion, if it happen to stand on the fairest side of conscience, that is, that it
be better thought of then it deserves; but for the same reason it is also cer<g ref="char:EOLhyphen"/>tain
that we must follow that which we think the more probable opinion,
whether it be so or no, because this is to be done, not for the opinion, but for
conscience sake. And whereas it is said in the Objection, that a Doctor may
lawfully teach an opinion less probable, if he be mov'd to it by the authority
of some more eminent person, that is as much as to say, when the opinion
which intrinsecally, or at least in his private judgement seems less probable,
becomes extrinsecally the more probable, he may follow either, of which in this
Chapter I am yet to give a more particular account; but it no way rifles the
present doctrine. Onely this I adde, If it were lawful and safe to follow the
less probable opinion, and reject the greater, then in such questions which are
onely determined by authority, and sentences of wise men, it were lawful to
choose any thing that any one of them permits, and every probable Doctor
may rescind all the Laws in Christendome, and expound all the precepts
of the Gospel in easy senses, and change discipline into liberty, and confound
interests, and arm Rebels against their Princes, and flocks against their Shep<g ref="char:EOLhyphen"/>herds
and Prelates, and set up Altar against Altar, and mingle all things sacred
and profane. Because if any one says it is lawful, all that have a minde to doe
evil things may choose him for their guide, and his opinion for their warranty.</p>
                     <p>3.<note place="margin">13.</note> To the third, I answer, that the opinion which is more common is not
always the more probable, for it may be false and heretical; and if at any times
it seems more probable, it is because men understand little or nothing of it.
But then if it were so, yet this opinion which is lately taught by the modern
Casuists, is not the more common, simply and absolutely; it was once the less
common, and whether it be so now or no, it is hard to tell; but admit it be so,
yet the community and popularity of opinion is but a degree of extrinsecal
probability, and is apt to perswade onely in the destitution of other arguments,
which because they are not wanting in this question, the trick in the objection
appears trifling.</p>
                  </div>
                  <div n="6" type="rule">
                     <pb n="150" facs="tcp:58903:104"/>
                     <head>RULE 6. When two opinions seem equally probable, the last
determination is to be made by accidents, circum<g ref="char:EOLhyphen"/>stances,
and collateral inducements.</head>
                     <p>IN the matter of this Rule it is variously disputed;<note place="margin">1.</note> some affirming that the
Understanding must for ever remain suspended, and the action wholly omit<g ref="char:EOLhyphen"/>ted,
as in the case of a doubting Conscience. * Others give leave to choose ei<g ref="char:EOLhyphen"/>ther
part, as a man please, making the Will to determine the Understanding.</p>
                     <p>The first cannot be true,<note place="margin">2.</note> because while they both seem equally consonant
to reason, it cannot be dishonest to choose that which to me seems reasonable;
and therefore the understanding may choose practically. They are like two
things equally good, which alike move the Will, and the choosing of the one is
not a refusing the other, when they cannot be both enjoyed: but like the ta<g ref="char:EOLhyphen"/>king
one peece of gold, and letting the other that is as good alone: and the
action is determined by its <hi>own exercise,</hi> not by <hi>an antecedent reason.</hi>
                     </p>
                     <p>* But neither can it be in all cases and question that the determination can
be totally omitted; as if the question be whether this <hi>ought to be done,</hi> or <hi>ought</hi>
to be let alone, and both of them seem equally probable; so also if the questi<g ref="char:EOLhyphen"/>on
be whether <hi>it may be done</hi> or <hi>may</hi> be let alone: In these cases it is certain one
part must be chosen, for the very suspending the act is not a suspending of the
choyce, the not doing it is a compliance with one of the probabilities. The
lazy fellow in the apologue that told his Father he lay in bed in the morning,
to hear labour and idleness dispute whether it were best to rise or to lie still,
though he thought their arguments equally probable, yet he did not suspend
his act, but without determining he put the sentence of idleness in execution;
and so it must be in all questions of general inquiry concerning <hi>lawful,</hi> or <hi>un<g ref="char:EOLhyphen"/>lawful,
necessary,</hi> or <hi>not necessary,</hi> the equal probability cannot inferre a suspen<g ref="char:EOLhyphen"/>sion
or an equal non-compliance.</p>
                     <p>But neither can the second be true;<note place="margin">3.</note> for the Will must not alone be admit<g ref="char:EOLhyphen"/>ted
an arbitrator in this affair; for besides that it is of dangerous consequence
to choose an opinion because we will, it is also unnatural, the Will being no
ingredient into the actions of understanding. The Will may cause the under<g ref="char:EOLhyphen"/>standing
to apply a general proposition to a particular case, and produce a pra<g ref="char:EOLhyphen"/>ctical
judgement by that general measure without particular arguments in the
question apportioned to the proper matter,<note place="margin">Cha 3 Rule 7.</note> as I before discoursed. But when
the understanding is wholly at dispute about the proper arguments of two pro<g ref="char:EOLhyphen"/>positions,
if the will interposes, the error that happens, if the conclusion falls on
the wrong side, is without excuse, because it is chosen; and the truth is not so
safe and useful, because it came by an incompetent instrument, by that which
was indifferent to this truth or the other. Indeed if there be no other way to
determine the question, the Will must doe it, because there is no avoiding it;
but if there be any other way, this must not be taken; but ordinarily there is.</p>
                     <p>The third way therefore is this;<note place="margin">4.</note> The determination may be made by
any thing that can be added to either side <hi>in genere rationis.</hi> As the action that
is prepar'd stands more ready for my circumstances; that which does me less
<pb n="151" facs="tcp:58903:104"/>
violence, that which is more proportionable to any of those events which in
prudence are to me considerable. It is indifferent whether <hi>Paula Romana</hi> give
her alms to the poor of <hi>Nicopolis,</hi> or to the poor dwelling near the Monastery
of <hi>Bethlehem;</hi> but because these dwelt nearer, and were more fitted for her
circumstances, this was enough to turn the scales and make the determination.
It is like putting on that garment that is nearest me, not this rather then the
other; nor yet this because I will, but this because it is here. The use of this
Rule is, to prevent a <hi>probable</hi> conscience to become <hi>doubtful,</hi> and yet (as much
as may be) to avoid the interposition of the Will in the practical judgements of
Conscience.</p>
                     <p>This Rule is to be enlarged with this addition;<note place="margin">5.</note> That if the conscience by
reason of the equal probability of two opinions so standing without any deter<g ref="char:EOLhyphen"/>mining
and deciding circumstances and accidents cannot decree on any side
neither by intrinsecal nor extrinsecal means, that is, neither by proper argu<g ref="char:EOLhyphen"/>ments,
nor collateral inducements, no action ought to follow, but the case of
which the question is, if it can be, ought to be omitted, as in the case of a doub<g ref="char:EOLhyphen"/>ting
conscience, which though as I shewed before, cannot happen when the
question is general of <hi>lawful</hi> or <hi>unlawful, necessary,</hi> or <hi>unnecessary,</hi> yet it may hap<g ref="char:EOLhyphen"/>pen
in particular cases, as whether this thing be lawful, or that, whether this
is to be done, or the other. It may happen that neither of them ought, and in
the present supposition neither of them can; that is, if the man suffers his
dispute to pass into a doubt.</p>
                     <p>In other cases a man may safely take any course which he finds pro<g ref="char:EOLhyphen"/>bable,
equally disputed,<note place="margin">6.</note> uncertain in it self, contrarily determined by Doctors
disputing with fair arguments. For in this case malice is no ingredient; and
if interest be, it is therefore lawful, because it is an extrinsecal motive, apt and
reasonable to be considered, and chosen, and pursued by fair means, if the inte<g ref="char:EOLhyphen"/>rest
it self have no foulness in it.</p>
                     <p>But of all the external motives that can have influence in the determina<g ref="char:EOLhyphen"/>tion
of a sentence between two probabilities,<note place="margin">7.</note> 
                        <hi>a relation to piety</hi> is the greatest.
He that chooses this because it is most pious, chooses his opinion out of consi<g ref="char:EOLhyphen"/>deration,
and by the inducement of the love of God. That which causes more
honour to God, that which happily ingages men in holy living, that which is
the most charitable, and the most useful, that is to be preferred. But this is to
be conducted with these cautions:</p>
                     <p>1.<note place="margin">8.</note> That the disposition to piety or charity be not made to contest an ap<g ref="char:EOLhyphen"/>parent
truth. It is hugely charitable to some men, if it could be made true,
to say that God is merciful to all sinners and at all times; and it is ten thousand
pities to see a man made to despair upon his deathbed upon the consideration of
his past evil life; but this consideration must not therefore be pretended against
the indispensable plain necessity of a holy life, since it is plainly revealed, that
without the pursuing of peace with all men, and holiness, no man shall see
God.</p>
                     <p>2.<note place="margin">9.</note> If both the probabilities be backed and seconded by their proper re<g ref="char:EOLhyphen"/>lations
to piety, to take one of them is not a competent way to determine the
probability; but it must be wholly conducted by the efficacy of its proper rea<g ref="char:EOLhyphen"/>sons,
or by some appendage in which one prevails above the other, when one
opinion is valued because it is apt to make men fear, and not to be presumptu<g ref="char:EOLhyphen"/>ous;
and another, because it is apt to make men hope, and never to despair,
<pb n="152" facs="tcp:58903:105"/>
the ballance is equal, and must be turned by neither of these. <hi>Scotus</hi> and <hi>Du<g ref="char:EOLhyphen"/>randus,
Gabriel</hi> and <hi>Almain, Medina</hi> and some few others taught, That the death
of Christ did not make satisfaction to God for the sins of the whole world, by
the way of perfect and exact justice, but by Gods gracious acceptance of it, and
stipulation for it. This opinion does indeed advance the honour of Gods mercy,
but the contrary advances the dignity of Christs suffering; and therefore it
must be disputed and determined by some other instruments of perswasion.
God the Father is on one side, and God the Son on the other, and though
he who honours one, honours both, yet he that preferres one may seem
also to disparage both.</p>
                     <p>3.<note place="margin">10.</note> The relation to piety, and the advantages which come to it by the
opinion must not be phantastick, and relying upon a weak opinion and
fond perswasion, but upon true reason, or real effects. It is a common opinion
among the Ancients, that <hi>Anna</hi> the Mother of the blessed Virgin Mother of
God had been married to three husbands successively, and that the blessed
Virgin was the second wife of <hi>Joseph;</hi> they who think that the second and third
marriages are less perfect then the first, think it more pious to embrace the
other opinions, <hi>viz.</hi> that <hi>Anna</hi> was married to none but <hi>Joachim,</hi> and that
<hi>Joseph</hi> was onely married to the holy Virgin <hi>Mary:</hi> But because this is to take
measures of things which God hath not given us, and to reckon purities and
impurities by their own fancies, not by reason and revelation from God, there<g ref="char:EOLhyphen"/>fore
this phantastick relation to piety is not weight enough to carry the que<g ref="char:EOLhyphen"/>stion
along with it.</p>
                     <p>In other cases the Rule holds: And by these measures our conscience can
be supported in a storm, and be nourished and feasted every day, <hi>viz.</hi> if we
take care;</p>
                     <p>1. That we avoid every thing that we know to be a sin, whether it be re<g ref="char:EOLhyphen"/>proached
by its natural impurity and unreasonableness, or without any note of
turpitude it be directly restrained by a Law.</p>
                     <p>2. That we fly every appearance of evil, or likeness of sin. 1 <hi>Thessal.</hi> 4. 22.</p>
                     <p>3. That we fly every occasion, or danger of sin. <hi>Matth.</hi> 26. 58, 69, 70. and
1 <hi>Cor.</hi> 7. 5.</p>
                     <p>4. That we avoid all society, or communication with sin, or giving coun<g ref="char:EOLhyphen"/>tenance,
and maintenance to it. By these measures and analogies if we limit our
Cases of Conscience, we cannot be abused into danger and dishonour.</p>
                  </div>
                  <div n="7" type="rule">
                     <head>RULE 7. It is not lawful to change our practical sentence
about the same object, while the same probability
remains.</head>
                     <p>A Man may change his opinion as he sees cause,<note place="margin">1.</note> or alter the practice upon
a new emergent reason; but when all things are equal without and within,
a change is not to be made by the man, except it be in such cases in which <hi>no
law,</hi> or <hi>vow,</hi> or <hi>duty,</hi> or the <hi>interest of a third</hi> is concerned; that is, unless the
actions be indifferent in themselves, or innocent in their circumstances, and so
not properly considerable in the fears of conscience, in which cases a mans li<g ref="char:EOLhyphen"/>berty
is not to be prejudiced.</p>
                     <p>
                        <pb n="153" facs="tcp:58903:105"/>
This stating of the Rule does intimate the proper reasons of it,<note place="margin">2.</note> as appears
in the following instances; <hi>Juan</hi> a Priest of <hi>Messina</hi> having fasted upon the
Vespers of a Holy day, towards the middle of the night hath a great desire to
eat flesh; he dwelling by the great Church, observed that the Clocks in the
Neighbourhood differed half an hour: He watches the first Clock that struck
midnight, and as soon as it had sounded, he eat his meat, because then he con<g ref="char:EOLhyphen"/>cluded
that the Ecclesiastical fasting day was expired, and that therefore it was
then lawful by the Laws of his Church to eat flesh. But being to consecrate
the blessed Eucharist the next morning, and obliged to a natural fast before the
celebration of the holy Sacrament, he chang'd his computation, and reckon'd
the day to begin by the later Clock; so that the first day ended half an hour
before the next day began, and he broke his fast because the Eve was past, and
yet he accounted that he was fasting, because the Holy day was not begun. This
was to cozen the Law, and if it be translated to more material instances, the
evil of it will be more apparent, but in this, the unreasonableness is as visible.
* The like is the case of a Gentleman living in the Neighbourhood of <hi>Rome.
Baptista Colonna</hi> happened to be in <hi>Rome</hi> on the three and twentieth of <hi>August,</hi>
which is usually the Eve of S. <hi>Bartholomew,</hi> but there it is kept on the twenty
fourth day; he refused to fast on the ordinary day of the Vigils as he used to
doe, because in <hi>Rome</hi> where he then was, the custome was otherwise; he eat
his meals, and resolved to keep it the next day, but on the morrow being very
hungry and desirous of flesh, he chang'd his sentence, and went out of <hi>Rome</hi>
to the Neighbourhood, and kept the feast of S. <hi>Bartholomew</hi> without the
Eves. This is to elude the duty, and to run away from the severity of the Law,
by trifling with the letter.</p>
                     <p>If the Case be not complicated with a Law,<note place="margin">3.</note> yet it is often infolded with
the interest of a third Person, and then is not to be changed, but remains in<g ref="char:EOLhyphen"/>variable.
<hi>Maevius</hi> promised to <hi>Sertorius</hi> to give him a servant, either <hi>Ephodius</hi>
or <hi>Taranta,</hi> but resolves to give him <hi>Taranta;</hi> immediately after the resolution
<hi>Ephodius</hi> dies, and <hi>Maevius</hi> tels his friend he is disobliged, because he hath but
one, and resolves not to part with <hi>Taranta,</hi> and it was in his liberty to give him
either, and because he will not aSSign his part in this, it is wholly lost in the
other; but this is unfriendly and unjust. To this sort of instance is to be redu<g ref="char:EOLhyphen"/>ced
a caution against fraudulency in the matter of Vows.</p>
                     <p>
                        <hi>Vitellescus</hi> vows to fast upon the last of <hi>February,</hi>
                        <note place="margin">4.</note> but changing his minde,
beleeves he may commute his Fasting for Alms; he resolves to break his fast
and to give a ducket to the poor. But when he had new dined, he discourses
the question again, and thinks it unlawful to commute, and that he is bound to
pay his vow in kinde; but the fast is broken, and yet if he refuses upon this
new inquest to pay his commutation, he is a deceiver of his own soul. For in
the present case, if to commute were not lawful, yet it is certain he is not dis<g ref="char:EOLhyphen"/>obliged;
and therefore he is to pay his commutation, because it was decree<gap reason="illegible" resp="#TECH" extent="1 letter">
                           <desc>•</desc>
                        </gap>
in the time of a probable conscience; and not being in it self unlawful, though
it be now supposed to be insufficient, yet it is to be accounted for, upon the
stock of the first resolution of the conscience, because the state of things is
not intire; and advantages are not to be taken against Religion from the ac<g ref="char:EOLhyphen"/>count
and stock of our errors or delusions; and if after this, the conscience
be not at rest, it is to be quieted by other actions of repentance and amends.
<pb n="154" facs="tcp:58903:106"/>
                     </p>
                     <p>
                        <hi>Quest.</hi>
                     </p>
                     <p>BUT here also is to be inquired,<note place="margin">5.</note> Whether a man may to several persons, to
serve distinct ends, in themselves lawful and honest, discourse of and per<g ref="char:EOLhyphen"/>swade
both the parts of a probability respectively? <hi>Titius</hi> wooes <hi>Orestilla</hi> for
his wife; she being sickly, and fearful lest she shall have no children, declines it;
he to perswade her, tells her it is very likely she will, and that it will cure her
indisposition. But the interest of <hi>Titius</hi> is to have no children, as being already
well stored, and therefore is disswaded by them that have power over him, not
to marry <hi>Orestilla.</hi> He to answer their importunity tells them, it is very likely
<hi>Orestilla</hi> will be barren, and upon that account he marries her because she is
sickly, and unlikely to become a Mother. The Question is, Whether this be
lawful?</p>
                     <p>I answer,<note place="margin">6.</note> 1. If he be actually perswaded of that part of the probability
when he urges it, and be changed into the other when he perswades the other,
there is no question but it is as lawful to say both as one; for they are single
affirmatives or negatives, and the time is but accidental to his perswasion; ye<g ref="char:EOLhyphen"/>sterday
this, and to morrow its contrary are alike, while in both or each of
them his perswasion is hearty and sincere.</p>
                     <p>2. If <hi>Titius</hi> urges both parts severally,<note place="margin">7.</note> and yet remains actually per<g ref="char:EOLhyphen"/>swaded
but of one of them, he may urge them as probable in themselves, dispu<g ref="char:EOLhyphen"/>table,
and of indifferent argument and inducement, for so they are. But,</p>
                     <p>3. He must not imprint them by the efficacy of his own authority and
opinion,<note place="margin">8.</note> nor speak that as certain which is at most but probable, and to him
seems false; for so to doe is against ingenuity and Christian sincerity; it is to
make a lie put on the face of truth and become a craft; it is not honest nor
noble, nor agreeing to the spirit of a Christian, and is a direct deception on one
side, and an indirect prosecution of a lawful end.</p>
                  </div>
                  <div n="8" type="rule">
                     <head>RULE 8. An opinion relying upon very slender probability is
not to be followed, except in the cases of great ne<g ref="char:EOLhyphen"/>cessity,
or great charity.</head>
                     <p>THAT it is not ordinarily to be followed is therefore certain,<note place="margin">1.</note> because it
cannot be supposed, but that its contradictory hath greater probability,
and either he that follows this trifle is light of beleef, or unreasonable in his
choice, or his reason is to him, but as eyes to an Owl or Bat, half-sighted and
imperfect; and at the best, no fit motive to the Will. And if it could be law<g ref="char:EOLhyphen"/>ful
to follow every degree of probability, it were perfectly in any mans choice
to do, almost what he pleased, especially if he meets with an ill counsellor and
a witty advocate. For at this rate all marriages may be dissolved, all vices ex<g ref="char:EOLhyphen"/>cused
upon pretence of some little probable necessity; and drunkenness will
be entertained as Physick, and fornication as a thing allowed by some vicious
persons whose wit is better then their manners; and all books of Conscience
shall become patrons or <hi>indices</hi> of sins, and teach men what they pretend
against, and there shall be no such thing as <hi>checks of Conscience,</hi> because few men
<pb n="155" facs="tcp:58903:106"/>
sin without some excuse, and it were no excuse unless it were mingled with
some little probabilities; and there were in very many cases, no rule for con<g ref="char:EOLhyphen"/>science
but a witty inventer of pretty little inducements, which rather then a
man shall want, his enemy will supply to him out of his magazine of falla<g ref="char:EOLhyphen"/>cies.</p>
                     <p>2. But that there are some cases in which it is to be permitted is therefore
certain,<note place="margin">2.</note> because it may be necessary in some circumstances to doe so, and in
these cases the former impediments cannot intervene, because the causes of
necessity or great charity occurring but seldome destroy all power or pretence
of an easy deception. <hi>Anna Murrana</hi> was married to her near kinsman <hi>Tho<g ref="char:EOLhyphen"/>maso
Grillo,</hi> but supposed him not to be so near. It was afterwards discovered
to her that the propinquity was so great that the marriage was null and invalid:
while this trouble was upon her, there happily comes a discreet old woman
who tells her, that though it be true that <hi>Grillo</hi>'s Father was supposed to have
lien with her Mother, and that her self was born of that conjunction, yet she her
self being private to the transaction did put another woman into the place of
<hi>Murrana's</hi> Mother, and that her Mother was also deceived in the same man<g ref="char:EOLhyphen"/>ner;
and though they thought they enjoyed each other, yet they were both
cozened into more chast embraces. Now upon this the question arises, whe<g ref="char:EOLhyphen"/>ther
or no <hi>Murrana</hi> may safely rely upon so slight a testimony as the saying
of this woman, in a matter of so great difficulty and concernment. Here the
case is favourable. <hi>Murrana</hi> is passionately endeared to <hi>Grillo,</hi> and besides her
love hath a tender conscience, and if her marriage be separated, dies at both
ends of the evil, both for the evil conjunct<gap reason="illegible" resp="#TECH" extent="1 letter">
                           <desc>•</desc>
                        </gap>on, and for the sad separation. This
therefore is to be presumed security enough for her to continue in her state.</p>
                     <p>Like to this is that of a woman in <hi>Brescia.</hi> Her husband had been con<g ref="char:EOLhyphen"/>tracted
to a woman of <hi>Panormo,</hi>
                        <note place="margin">3.</note> 
                        <hi>Per verba de praesenti;</hi> she taking her pleasure
upon the Sea, is with her company surprised by a Turks man of Warre, and
is reported, first to have been defloured, and then kill'd. When the sorrow for
this accident had boyld down, the Gentleman marries a Maid of <hi>Brescia,</hi> and
lives with her some years; after which she hears that his first Spouse was not
kill'd, but alive and in sorrow in the Isle of <hi>Malta,</hi> and therefore that her self
liv'd in a state of adultery, because not she, but the woman in <hi>Malta</hi> was the
true wife to her husband. In this agony of spirit a Mariner comes to her house
and secretly tells her, that this woman was indeed at <hi>Malta,</hi> but lately dead, and
so the impediment was removed. The question now arises, whether upon the
taking away this impediment, it be required that the persons already engaged
should contract anew? That a new contract is necessary, is universally belee<g ref="char:EOLhyphen"/>ved,
and is almost certain (as in its proper place will be made to appear) for
the contrary opinion is affirm'd but by a very few, and relies but upon trifling
motives, requiring onely the consent of either of the parties as sufficient for
renewing of the contract. But this being but a slender probability ought not
to govern her; she must contract anew by the consent of her husband as well
as by her own act. But now the difficulty arises; for her husband is a vicious
man, and hates her, and is weary of her, and wishes her dead; and if she disco<g ref="char:EOLhyphen"/>ver
the impediment of their marriage, and that it is now taken away, and there<g ref="char:EOLhyphen"/>fore
requires him to recontract himself, that the marriage which was innocently
begun, may be firm in the progression, and legally valid, and in conscience; she
hath great reason to beleeve that he will take advantage of it, and refuse to
joyn in a new contract. In this case therefore, because it is necessary she should
some way or other be releeved, it is lawful for her to follow that little pro<g ref="char:EOLhyphen"/>bability
<pb n="156" facs="tcp:58903:107"/>
of opinion which says, that the consent of one is sufficient for the re<g ref="char:EOLhyphen"/>novation
of the contract. And in this case all the former inconveniences men<g ref="char:EOLhyphen"/>tioned
before doe cease: and this is a case of favour, in behalf of an innocent
marriage, and in favour of the legitimation of children, and will prevent much
evil to them b<gap reason="illegible" resp="#TECH" extent="1 letter">
                           <desc>•</desc>
                        </gap>th. So that although this case hath but few degrees of probabi<g ref="char:EOLhyphen"/>lity
from its proper and intrinsecal causes, yet by extrinsecal and collateral
appendages it is grown favourable, and charitable, and reasonable: it is almost
necessary, and therefore hath more then the little probabilities of its own ac<g ref="char:EOLhyphen"/>count.</p>
                     <p>One case more happens in which a small probability may be pursued,<note place="margin">4.</note> 
                        <hi>viz.</hi>
when the understanding hath not time to consider deeply, and handle the que<g ref="char:EOLhyphen"/>stion
on all sides; then that which first offers it self, though but mean and weak,
yet if it be not against a strange argument at the same time presented, it may
suffice to determine the action; for in case the determination prove to be on
the wrong side, yet the ignorance is <hi>involuntary</hi> and <hi>unchosen.</hi>
                     </p>
                     <p>These Rules are concerning a Conscience that is probable by <hi>intrinsecal</hi> mo<g ref="char:EOLhyphen"/>tives,
that is, by reason, whether the reason be direct or collateral. But
because the conscience is also probably moved in very many cases, by
<hi>Authority,</hi> which is an extrinsecal motive, this is also to be guided and
conducted.</p>
                  </div>
                  <div n="9" type="rule">
                     <head>RULE 9. Multitude of Authors is not ever the most probable
inducement, nor doth it in all cases make a safe and
probable Conscience.</head>
                     <p>FOllowing a multitude is sometimes like the grazing or running of an heard,<note place="margin">1.</note>
                        <hi>Non quo cundum est, sed quo itur,</hi> not where men ought but where they use
to goe: and therefore <hi>Justinian</hi> in compiling of the body of the Romane
Laws, took that which was most reasonable,<note place="margin">L p. ver. Sed <gap reason="illegible" resp="#TECH" extent="1 word">
                              <desc>〈◊〉</desc>
                           </gap> C de veter<gap reason="illegible" resp="#TECH" extent="1 letter">
                              <desc>•</desc>
                           </gap> jure e<g ref="char:EOLhyphen"/>nucle<gap reason="illegible" resp="#TECH" extent="3 letters">
                              <desc>•••</desc>
                           </gap>o.</note> not that which was most followed;
<hi>Sed neque ex multitudine Authorum quod melius &amp; aequius est judicabile: cùm
possit unius forsan, &amp; deterioris sententia multos &amp; majores aliqua in parte superare.</hi>
The sentence of one, and of a meaner man may sometimes outweigh the say<g ref="char:EOLhyphen"/>ings
of a multitude of greater persons. <hi>Nam testibus se, non testimoniis creditu<g ref="char:EOLhyphen"/>rum
rescripsit Imperator.</hi> Sometimes one witness is better then twenty testimo<g ref="char:EOLhyphen"/>nies;
that is, one man, good and pious, prudent and disinteress'd, can give a surer
sentence then many men more crafty,<note place="margin">Cap. Nicaena Syn. dus. dist. 32.</note> and less honest. And in the Nicene
Council when the Bishops were purposing to dissolve the Priests marriages,
<hi>Paphnutius</hi> did not follow the common vote, but gave them good reason for
his single opinion, and they all followed him. This Rule is true, and to be
practised in the following cases:</p>
                     <p>1. When against the common opinion there is a strong,<note place="margin">2.</note> or a very probable
reason, then the common opinion is not the more probable. Because a reason
is an intrinsecal, proper and apportioned motive to the conscience, but humane
authority, or citation of consenting Authors is but an extrinsecal, accidental
and presumptive inducement, and a meere suppletory in the destitution of rea<g ref="char:EOLhyphen"/>son:
and therefore <hi>Socrates</hi> said,<note place="margin">In Protag. Plat.</note> 
                        <hi>Veritatem in disputando, non ex teste aliquo, sed
<pb n="157" facs="tcp:58903:107"/>
ex argumento esse ponderandam;</hi> Truth is to be weighed by argument not by
testimony, and it is never otherwise but when men are ruled by prejudice, or
want reason to rule them in that particular. <hi>Tantum opinio praejudicata poterat,
ut etiam sine ratione valeret authoritas,</hi>
                        <note place="margin">1. De nat. Deor.</note> said <hi>Cicero.</hi> And this is to be extended to
all sorts of Authors that are not Canonical, or Divine. <hi>Meum propositum est
antiquos legere, probare singula, retinere quae bona sunt, &amp; à fide Ecclesiae Catholicae
non recedere,</hi> said S. <hi>Hierom.</hi> My purpose is to read the Fathers, to try all things,
to retain that onely which is good, and never to depart from the faith of the
Catholick Church, that is, from the Creeds, which all Christendome profes<g ref="char:EOLhyphen"/>ses.
And at another time when himself ask'd leave, in discourse with S. <hi>Austin,
Patiaris me cum talibus errare,</hi>
                        <note place="margin">Vide Libe. ep of Prophes. Sect. 8. D<gap reason="illegible" resp="#TECH" extent="1 letter">
                              <desc>•</desc>
                           </gap>ille du Vrai usage des Peres</note> Suffer me to goe along with such great men,
though to an error, it would not be permitted, but reason was chosen and the
authority neglected. And this course all men have followed when they pleased,
and knew they might and ought.</p>
                     <p>2. When the multitude of Doctors are reducible to a single,<note place="margin">3.</note> or an incon<g ref="char:EOLhyphen"/>siderable
principle and beginning. Thus an opinion entertained by a whole fa<g ref="char:EOLhyphen"/>mily
and order of <hi>Clerks,</hi> while they either generally doe follow, or think them<g ref="char:EOLhyphen"/>selves
bound to follow the leading man in their own order, is to be reckoned
but as a single opinion. The Millenary opinion was driven to a head in <hi>Papias;</hi>
the condemning unbaptized infants, in S. <hi>Austin,</hi> or S. <hi>Ambrose;</hi> and therefore
their numerous followers are not to be reckoned into the account. For if they
that follow consider it not, the case is evident; if they doe, then their reaso<gap reason="illegible" resp="#TECH" extent="2 letters">
                           <desc>••</desc>
                        </gap>
are to be weighed, not their authority.</p>
                     <p>3. When it is notorious that there is,<note place="margin">4.</note> or may be a deception in that num<g ref="char:EOLhyphen"/>ber,
by reason of some evil ingredient in the production of the opinion; as if
it be certain that the opinion was taken up because it serves an interest, the
same men having been on the other side when their interest was there. That it
is lawful to put hereticks, or disagreeing persons to death, is generally taught
by the followers of <hi>Calvin</hi> and <hi>Beza</hi> where they doe prevail: and yet no man
that lives under them hath warrant to rely upon their authority in this questi<g ref="char:EOLhyphen"/>on,
because it is onely where and when they have power, themselves having
spoken against it in the days of their minority and under persecution. Under
the same consideration it is, if there be any other reason against the men, not
relating to their manners, but to their manner of entring or continuing in the
perswasion.</p>
                     <p>4. But when these cautions are provided for,<note place="margin">5.</note> the multitude of Authors
hath a presumptive authority, that is, when there is no reason against the thing,
nor against the men, we may presume upon the multitude of learned men <hi>in
their proper faculty,</hi> that what they teach is good and innocent, and we may
proceed to action accordingly. It can never make a Conscience <hi>sure,</hi> but it
may be <hi>innocent,</hi> because it is <hi>probable;</hi> but he that relies upon authority alone
is governed by chance. Because, if the <hi>more</hi> be against him, he is prejudic'd by
multitude; if the <hi>fewer</hi> be against him, yet they may be the wisest: and whe<g ref="char:EOLhyphen"/>ther
they be or not, yet a tooth-drawer may sometimes speak a better reason;
and one may carry it against multitudes, and neither one nor the other can justly
induce a beleef unless they have considered all things; and if I can tell who
hath done so, I am my self as well able to answer as they: for he that can
judge who speaks best reason, or who is most fit to be trusted in the particular,
must be able in himself to consider the particulars by which that judgement is
to be made; if he can and does, he hath reason within him, and needs not fol<g ref="char:EOLhyphen"/>low
<pb n="158" facs="tcp:58903:108"/>
low authority alone; if he cannot, then he is governed by chance, and must
be in the right, or in the wrong according as it happens. For in many cases
both sides have many advocates and abettors, and no man can tell who hath
most, and each side says that their opinion is the most commonly received. In
<hi>Venice</hi> there is a Law that any man may kill his Father if he be banished; some
affirm this also to be lawful where such a Law is in force, and they affirm this to
be the common opinion. <hi>Julius Clarius</hi> says that it is the common opinion,
that though there be such a Law, yet that it is unlawful to doe it. It is com<g ref="char:EOLhyphen"/>monly
affirmed that it is lawful for such a banished person to defend himself,
and if he can in his own defence to kill the invader. It is also a common opi<g ref="char:EOLhyphen"/>nion
that this is as unlawful as for a condemn'd man to kill his Executioner,
because no Warre can be just on both sides. It is very commonly taught, that
it is lawful by fraud, by surprise, by treason, to slay the <hi>Banditi.</hi> It is also very
commonly taught that this is absolutely unlawful. * Sometimes that which
was the common opinion an age agoe, is now rarely maintained but by a few
persons. It was a common opinion in <hi>Tertullians</hi> time, that the souls departed
are in outer Courts expecting the revelation of the day of the Lord; in the
time of <hi>P. Leo,</hi> and <hi>Venerable Bede,</hi> and after, it was a common opinion that they
were taken into the inner Courts of heaven. * Sometimes the place diversifies
the opinion. In <hi>Germany</hi> and <hi>France,</hi> the <hi>Romanists</hi> worship the Cross with a
religious worship of the lowest kinde of their own distinction; but in <hi>Spain</hi>
they worship it with that which they call <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>, or the highest kinde; and
this is commonly done in the several Countries respectively. When this, or
any thing like this shall happen, unless by reason men be determined, they may
draw lots for their opinion. But since the better part is not always the greater,
it is left to me to choose which I will; and it is ten to one but I call the men of
my own communion or my own acquaintance, <hi>The best;</hi> and it is certain I can<g ref="char:EOLhyphen"/>not
judge of those with whom I doe not converse.</p>
                     <p>For these and many other concurrent causes,<note place="margin">6.</note> the proceeding is inartificial
and casual, and fit to lead the ignorant, but not the learned: and concerning
the ignorant he can so little skill to choose his authority, that he must lie un<g ref="char:EOLhyphen"/>der
that where he dwels, and where his fortune hath placed him. If he goes
any whither else he hath no excuse, because he hath no sufficient inducement;
and where a man cannot goe alone, it is best for him to sit still where Gods
providence hath placed him, and follow the Guides provided by the Laws of
his Country where he was born, or where he lives:
<q>
                           <l>
                              <note place="margin">C. earch.</note> 
                              <gap reason="foreign">
                                 <desc>〈 in non-Latin alphabet 〉</desc>
                              </gap>—</l>
                           <l>
                              <gap reason="foreign">
                                 <desc>〈 in non-Latin alphabet 〉</desc>
                              </gap>.</l>
                        </q>
Conform your self to the Laws of the People with whom you must abide.</p>
                     <p>This is the most proper way to conduct the ignorant in their cases of con<g ref="char:EOLhyphen"/>science
in which themselves have no skill.<note place="margin">7.</note> They must beleeve one, and if they
have a better way to proceed, let them pursue it: if they have not, this is cer<g ref="char:EOLhyphen"/>tainly
safe, because it is their best; and no man is tied to make use of better
then he hath. And if they could fall into error, yet it could not be imputed
to them with justice, while <hi>bonâ fide</hi> they fall into heresy, and are honestly be<g ref="char:EOLhyphen"/>trayed.
This onely is to be added:</p>
                     <p>They must make it as good as they can by inquiry (according to their cir<g ref="char:EOLhyphen"/>cumstances,
opportunities, and possibilities) and by prayers,<note place="margin">8.</note> and by innocent
and honest purposes, for these onely will secure our way, by means of Gods
<pb n="159" facs="tcp:58903:108"/>
providing. In this case there is no irregularity, because it is the best obedience
which can be expressed by subordinate and weak understandings, and there is
in it no danger, because the piety, and the prayers of the man will obtain Gods
blessing upon his innocent well meaning soul. It was well said of <hi>Hesiod,</hi>
                        <q>
                           <l>
                              <gap reason="foreign">
                                 <desc>〈 in non-Latin alphabet 〉</desc>
                              </gap>
                           </l>
                           <l>
                              <gap reason="foreign">
                                 <desc>〈 in non-Latin alphabet 〉</desc>
                              </gap>.</l>
                           <l>
                              <gap reason="foreign">
                                 <desc>〈 in non-Latin alphabet 〉</desc>
                              </gap>.</l>
                           <l>
                              <gap reason="foreign">
                                 <desc>〈 in non-Latin alphabet 〉</desc>
                              </gap>.</l>
                           <l>
                              <gap reason="foreign">
                                 <desc>〈 in non-Latin alphabet 〉</desc>
                              </gap>.</l>
                        </q>
He is the best and wisest man who in himself knows what he ought to doe, dis<g ref="char:EOLhyphen"/>cerning
what is best, and seeing unto the end of things. He also is good, who
obeys the sayings of wise men, that counsel well; but he is a fool who not be<g ref="char:EOLhyphen"/>ing
able to advise or determine himself, refuses to be conducted by others.
Here onely are the evils to be complained of.</p>
                     <p>In some places there are a great many articles put into their publick con<g ref="char:EOLhyphen"/>fessions,
and a great many teachers of unnecessary propositions, and a great
many idle and impertinent guides, who multiply questions lest themselves
should seem useless; and amongst men, there are many orders, and families,
and societies, all which are desirous to advance themselves, and to get disciples
and reputation; and on the other side, there are very many that are idle, and
rather willing to trust others, then to be troubled themselves; and many choose
Teachers for interest, and some have mens persons in admiration because of ad<g ref="char:EOLhyphen"/>vantage;
and Princes have designs of State, and they would have Religion
minister to them, and there are a great many Ecclesiastical Laws made, and
some of these pass into dogmaticall propositions, and they <hi>teach for doctrines
the Commandements of men;</hi> and there are very many sects of men, and confi<g ref="char:EOLhyphen"/>dent
fools, who use to overvalue their trifles, and teach them for necessary
truths, and in all this incertainty of things, men are in the dark, and Religion
is become an art of wrangling; and the writers of Controversies are oftentimes
abused themselves, and oftner doe abuse others; and therefore men are taught
certain little rules to grope by, and walk in Seas and upon Rocks. But the
things themselves are oftentimes so indifferent, and the reasons of either side so
none at all, or so inconsiderable, that it comes to pass that the testimony of Do<g ref="char:EOLhyphen"/>ctors
is the guide that men choose (<hi>as they list</hi>) to follow<gap reason="illegible" resp="#TECH" extent="1 letter">
                           <desc>•</desc>
                        </gap> who because they
teach contrary things, cannot be followed by their authority, and for reason,
sometimes themselves have none, sometimes their disciples have not leisure to
examine them, or judgement to discern them.</p>
                     <p>
                        <hi>Quest.</hi>
                     </p>
                     <p>HEre therefore is to be inquired,<note place="margin">10.</note> How shall the ignorant and vulgar people
proceed in such cases where their Teachers are divided?</p>
                     <p>1. I answer, that in most cases it is best for them to let them alone, and
let them be divided still, and to follow them in those things where they doe
agree; but if it be in such cases where they must declare or act on one side, let
them take that which they think to be <hi>the safest,</hi> or the <hi>most pious,</hi> the <hi>most chari<g ref="char:EOLhyphen"/>table,</hi>
and the <hi>most useful;</hi> that so by collateral considerations they may deter<g ref="char:EOLhyphen"/>mine
that which by the authority seems equal and indeterminable.</p>
                     <p>
                        <hi>The collateral considerations are commonly these:</hi>
                     </p>
                     <p>1. That which is more agreeable to the letter of Scripture.</p>
                     <p>2. That which does most agree with the purpose and design of it.</p>
                     <p>
                        <pb n="160" facs="tcp:58903:109"/>
3. That which Saints have practised.</p>
                     <p>4. That which whole Nations have approved.</p>
                     <p>5. That which is agreeable to common life.</p>
                     <p>6. That which is best for the publick.</p>
                     <p>7. That which is most for the glory of God, for the reputation of his Name,
and agreeing with his attributes.</p>
                     <p>8. That which is more holy.</p>
                     <p>9. That which gives least confidence to sin and sinners.</p>
                     <p>10. That which is most charitable to others.</p>
                     <p>11. That which will give least offence.</p>
                     <p>12. And (in destitution of all things else) that which is most useful to our
selves. All these are good considerations, and some of them intervene in most
cases, and can be considered by most men. But where nothing of these can
be interwoven in the sentence, but that the authority of the Teacher is the
onely thing that can be considered, the following measures are to be added.</p>
                     <p>2. The authority of one man wise and good,<note place="margin">11.</note> that is, who is generally so
reputed, is a probable argument, and a sufficient guide to ignorant persons
in doubtful matters, where there is no clear or known revelation to the con<g ref="char:EOLhyphen"/>trary.
When it is his best, there is no disputing whether it be good or no;
onely in this case, he is so farre to suspend his consent, till his guide hath con<g ref="char:EOLhyphen"/>sidered,
or answered deliberately; for if his guide vomit out answers, it is bet<g ref="char:EOLhyphen"/>ter
to refuse it, till it be digested better. This hath been highly abused in
some places, and permissions have been given or taken to doe acts of vile im<g ref="char:EOLhyphen"/>piety,
or horrible danger, where by interest they were perswaded, and being
desirous for some pretence to legitimate the act, or to invite their conscience to
it, they have been content with the opinion of one probable Doctor. Such
was he whose testimony being required in a matter of right concerning his
College, swore to a thing as of his certain knowlege, of which he had no cer<g ref="char:EOLhyphen"/>tain
knowledge, but a probable conjecture; onely because he had read or been
told that one Doctor said it was lawful so to doe. This is to suborn a sentence
and to betray a conscience, for the sentence of one Doctor is onely a good
or a tolerable guide, when there is no better guide <hi>for us,</hi> and no reason <hi>against
us;</hi> that is, it is to be used onely when it is the best, but not when it is the worst.</p>
                     <p>3. But if divers men equally wise and good speak variously in the que<g ref="char:EOLhyphen"/>stion,<note place="margin">12.</note>
and that the inquirer cannot be indifferent to both, but must resolve
upon one, he is first to follow his Parish Priest, rather then a stranger in the
article, who is equal in all things else; his own Confessor, his own Bishop, or
the Laws and Customs of his own Country: because next to reason, comes
in place that which in order of things is next to it; that is, the <hi>proper ad<g ref="char:EOLhyphen"/>vantages</hi>
of the man, that is, <hi>learning and piety;</hi> and next to them succeed
the <hi>accidental advantages</hi> of the man, that is, <hi>his authority</hi> and <hi>legal prehe<g ref="char:EOLhyphen"/>minence.</hi>
There is no other reason for these things, but that which is in the
proper and natural order of things: This is the natural method of perswa<g ref="char:EOLhyphen"/>sion
<hi>direct</hi> and <hi>indirect.</hi>
                     </p>
                     <p>4. Where it can certainly be told that it is the more common,<note place="margin">13.</note> there the
community of the opinion hath the advantage, and is in the same circumstan<g ref="char:EOLhyphen"/>ces
still to be preferred, because where reason is not clear and manifest, there
we are to goe after it, where it is more justly to be presumed. <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>,
said <hi>Euripides,</hi> it is good when good things are attested
<pb n="161" facs="tcp:58903:109"/>
by many witnesses. O <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>, said <hi>Aristotle,</hi>
                        <note place="margin">Eth. lib. 10. <gap reason="illegible" resp="#TECH" extent="1 letter">
                              <desc>•</desc>
                           </gap>. <gap reason="illegible" resp="#TECH" extent="1 letter">
                              <desc>•</desc>
                           </gap>.</note> that which
seems so to all men, this we say, is as it seems; and so it is in proportion from
some to many, from many to all. The summe of all these things is this: 1. God
is to be preferred before man. 2. Our own <hi>reason</hi> before the <hi>sayings</hi> of others.
3. Many before few. 4. A few before one. 5. Our superiours, or persons in
just authority over us, before private persons, <hi>caeteris paribus.</hi> 6. Our own be<g ref="char:EOLhyphen"/>fore
strangers. 7. Wise men before the ignorant. 8. The godly and well mea<g ref="char:EOLhyphen"/>ning,
and well reputed, before men of indifferent or worse lives. That is, they
must doe as well and wisely as they can, and no man is obliged to doe better.
Onely this is to be observed;</p>
                     <p>That in this case it is not necessary that truth should be found,<note place="margin">14.</note> but it is
highly necessary it should be searched for. It may be it cannot be <hi>hit,</hi> but it
must be <hi>aymed at.</hi> And therefore they (who are concerned) are not to be
troubled and amazed at the variety of opinions that are in the world; <hi>There
must be heresies,</hi> that is, sects are differing opinions, <hi>that they who are faithful may
be approved.</hi> Now they can be approved in nothing but what is in their power,
that is, <hi>diligence</hi> to inquire, and <hi>honesty</hi> in consenting; both which may very
well be, and yet the man be mistaken in his particular sentence, in a matter
not simply necessary, not plainly revealed.</p>
                     <p>There is but one thing more that concerns his duty, and that is,<note place="margin">15.</note> that in
all his choices he preferre the interest of peace and of obedience; for it ought to
be a very great cause that shall warrant his dissent from the authority which is
appointed over him. Such causes may be, but the unskill'd multitude (of whom
we now treat) seldome finde those causes, and seldome are able to judge of
them, and therefore this Rule is certain.</p>
                     <p>Whoever blows a trumpet,<note place="margin">16.</note> and makes a separation from the publick,
they who follow his authority, and know not, or understand not a sufficient
reason for the doing it, they are highly inexcusable upon this account, because
they following the less probable authority, have no excuse for the matter of
their sin; and therefore if it happen to be <hi>schisme</hi> or <hi>rebellion,</hi> or <hi>disobedience,</hi>
or <hi>heresy</hi> in the subject matter, it is in the very <hi>form</hi> of it, so imputed to the
consenting person. For though great reason may be stronger then authority,
yet no private authority is greater then the publick. But of this I shall have
further occasion to discourse in its proper place.</p>
                     <p>Although this is the best, and therefore a sufficient advice for the ignorant,<note place="margin">17.</note>
yet for the learned and the wise, there are other considerations to be added.</p>
                     <p>1. <hi>They who are to teach others may not rely upon single testimonies, or the slight
probability of one Doctors opinion.</hi> This is true <hi>ordinarily</hi> and <hi>regularly,</hi> because
such persons are supposed <hi>more at leisure, more instructed,</hi> better <hi>able to inquire,</hi>
and to rely finally upon such single and weak supports, is <hi>to doe the work of the
Lord negligently.</hi>
                     </p>
                     <p>2. If the opinion be probable upon the account of a more general rece<g ref="char:EOLhyphen"/>ption,<note place="margin">18.</note>
and be the more common, and allowed by wise and good men, they who
are learned, and are to teach others, may lawfully follow the opinion
without examining the reasons for which it is by those wise men entertained.
For the work of learning and inquiry is so large and of immense extension, that
it is impossible all men should perfectly inquire of all things. But some especi<g ref="char:EOLhyphen"/>ally
attend to one thing, some to another; and where men have best conside<g ref="char:EOLhyphen"/>red,
<pb n="162" facs="tcp:58903:110"/>
they consider for themselves and for others too, and themselves are help'd
by those others, in the proper matter of their consideration. A mans life is too
short, and his abilities less, and it may be his leisure is least of all, and unable so
to consider all that is fit to be beleeved and taught, that it will be necessary
we should help one another; and the great Teachers and Doctors in several in<g ref="char:EOLhyphen"/>stances
may ordinarily be relied upon without danger and inconvenience.</p>
                     <p>3. But if it happens that by circumstances and accidents the particular
question be drawn out into a new inquiry;<note place="margin">19.</note> if a new doubt arise, or a scandal
be feared, or the division of mens minds in the new inquest, then the reasons
must be inquired into and the authority is not sufficient.</p>
                     <p>1. Because the authority is by the new doubt made less probable, and is
part of the question, and therefore ought not to be presumed right in its own
case.</p>
                     <p>2. Because the duty of Teachers is by this accident determined to this spe<g ref="char:EOLhyphen"/>ciall
inquiry, and call'd from their unactive rest, and implicit beleef; because
the inquirers upon this new account will be determined by nothing but by that
reason that shall pretend strongest; and therefore they who are thus call'd up<g ref="char:EOLhyphen"/>on,
can no other ways <hi>give answer to them that ask.</hi> It was the universal doctrine
of the Church of God for many ages, even for fourteen Centuries of years,
that <hi>Episcopacy is of Divine,</hi> or <hi>Apostolical institution:</hi> It was a sufficient war<g ref="char:EOLhyphen"/>ranty
for a Parish Priest to teach that doctrine to his Parishioners, because he
found it taught every where, and questioned no where. But when afterwards
this long prescribing truth came to be questioned, and reasons and Scriptures
pretended and offered against it, and a schism likely to be commenc'd upon it,
it is not sufficient then to rely upon the bare word of those excellent men who
are able to prove it (as it is supposed,) but they who are to teach others must
first be instructed themselves in the particular arguments of probation; that
according to the precepts Apostolical,<note place="margin">1 Pet 3. 15, Tit. 1. 9.</note> they may <hi>render a reason of the hope that
is in them,</hi> and may be able <hi>both to exhort and to convince the gain-sayers;</hi> who
because they expresly decline the authority, and the weight of testimony, can<g ref="char:EOLhyphen"/>not
be convinced but by <hi>reason,</hi> and the way of their own <hi>proceeding.</hi>
                     </p>
                  </div>
                  <div n="10" type="rule">
                     <head>RULE 10. In following the authority of men, no Rule can be
antecedently given for the choice of the persons,
but the choice is wholly to be conducted by pru<g ref="char:EOLhyphen"/>dence,
and according to the subject matter.</head>
                     <p>
                        <hi>ANcient Writers</hi> are more venerable:<note place="margin">1.</note> 
                        <hi>Modern</hi> Writers are more knowing:
<hi>They</hi> might be better <hi>Witnesses,</hi> but <hi>these</hi> are better <hi>Judges. Antiquity</hi> did
teach the <hi>Millenary</hi> opinion, and that Infants were to be communicated; that
without baptism they were damn'd to the flames of hell; that Angels are cor<g ref="char:EOLhyphen"/>poreal;
that the souls of Saints did not see God before Doomesday; that
sins once pardoned did return again upon case of relapse; that persons bapti<g ref="char:EOLhyphen"/>zed
by hereticks were to be re-baptized, and they expounded Scripture in pla<g ref="char:EOLhyphen"/>ces
innumerable, otherwise then they are at this day by men of all perswasions;
and therefore no company of men will consent that in all cases the Fathers are
<pb n="163" facs="tcp:58903:110"/>
rather to be followed then their Successors. They liv'd in the infancy of Chri<g ref="char:EOLhyphen"/>stianity,
and we in the elder ages; they practised more and knew less, we
know more and practise less; passion is for younger years, and for beginning of
things, wisdome is by experience, and age, and progression. They were highly
to be valued, because in more imperfect notices they had the more perfect pi<g ref="char:EOLhyphen"/>ety:
we are highly to be reproved, that in better discourses we have a most im<g ref="char:EOLhyphen"/>perfect
life, and an unactive Religion: They in their Cases of Conscience took
the safest part, but the Moderns have chosen the most probable. * It was
the opinion of the <hi>Ancient Divines</hi> and <hi>Lawyers,</hi> that every man is bound to
make restitution of all that which he gains by play, by Cards and Dice, and all
such sports as are forbidden by humane Laws. The <hi>modern Casuists</hi> indeed doe
often reprove the whole process, and condemne the Gamesters in most cir<g ref="char:EOLhyphen"/>cumstances,
but doe not beleeve them tied to restitution, but to penance onely.
The first is the safer and the severer way, but the later hath greater reasons, as
will appear in its own place. All contracts of Usury were generally condemn'd
in the foregoing ages of the Church: of late, not onely the Merchant, but the
Priest, and the <hi>Frier</hi> puts out money to increase, and think themselves innocent:
and although commonly it happens that our ignorance and fears represent one
opinion to be safe, when the other is more reasonable; yet because men will be
fearful, and very often are ignorant and idle in their inquiries, there will still
remain this advantage to either side, that one is wiser, and the other in his
ignorance is the more secure because he does more then he needs. And there<g ref="char:EOLhyphen"/>fore
it often happens that though we call the ancient Writers, <hi>Fathers,</hi> yet we
use them like <hi>children,</hi> and think our selves Men rather then them, which is af<g ref="char:EOLhyphen"/>firmed
by some, but in effect practised by every man when he pleases.</p>
                     <p>But if any one shall choose the later Writers, he must first choose his in<g ref="char:EOLhyphen"/>terest
and his side;<note place="margin">2.</note> I mean if he chooses to follow any upon their authority or
reputation without consideration of their reasons, then he must first choose
his side, for he can never choose his side by the men, because most Authors are
of it themselves by interest. But because all probability is wholly derived
from reason, every authority hath its degree of probability according as it can
be <hi>presumed</hi> or <hi>known</hi> to rely upon reason. Now in this both the Ancients and
the Moderns excel each other <hi>respectively.</hi> 
                        <q>The Ancients were nearer to
the fountains Apostolical, their stream was less pudled, their thred was not
fine but plain and strong, they were troubled with fewer heresies; they were
not so wittily mistaken as we have been since; they had better and more firm
tradition, they had pass'd through fewer changes, and had been blended with
fewer interests; they were united under one Prince, and consequently were
not forc'd to bend their doctrines to the hostile and opposite designs of figh<g ref="char:EOLhyphen"/>ting,
and crafty Kings; their questions were concerning the biggest articles
of Religion, and therefore such in which they could have more certainty
and less deception; their piety was great, their devotion high and pregnant,
their discipline regular and sincere, their lives honest, their hearts simple, their
zeal was for souls, and the blood of the Martyrs made the Church irrigu<g ref="char:EOLhyphen"/>ous,
and the Church was then a garden of the fairest flowers, it did daily ger<g ref="char:EOLhyphen"/>minate
with blessings from heaven, and Saints sprung up, and one Saint could
know more of the secrets of Christs Kingdom, the mysteriousnesses of god<g ref="char:EOLhyphen"/>ly
wisdome then a hundred disputing Sophisters; <hi>and above all,</hi> the Church
of <hi>Rome</hi> was then <hi>holy</hi> and <hi>Orthodox, humble</hi> and <hi>charitable,</hi> her authority dwelt
in the house of its birth, that is, in the advantages of <hi>an excellent faith</hi> and an
<hi>holy life;</hi> to which the advantages of an accidental authority being added by
<pb n="164" facs="tcp:58903:111"/>
the Imperial seat, she was made able to doe all the good she desired, and
she desired all that she ought; and the greatness of this advantage we can best
judge by feeling those sad effects which have made Christendome to groan,
since the Pope became a temporal Prince, and hath possess'd the rights of
some Kings, and hath invaded more, and pretends to all, and is become the
great Fable, and the great Comet of Christendome, useless and supreme,
high and good for nothing in respect of what he was at first, and still might
have been, if he had severely judged the interest of Jesus Christ to have
been his own.</q>
                     </p>
                     <p>But then on the other side,<note place="margin">3.</note> the <hi>modern Writers</hi> have considered all the
arguments and reasons of the Ancients; they can more easily adde then their
Fathers could finde out; They can retain their perfect issues, and leave the
other upon their hands; and what was begun in conjecture, can either be
brought to <hi>knowledge,</hi> or remanded into the lot and portion of <hi>deceptions.
Omnibus enim hic locus feliciter se dedit, &amp; qui praecesserunt non praeripuisse mihi vi<g ref="char:EOLhyphen"/>dentur
quae dici poterant, sed aperuisse. Conditio optima ultimi est,</hi> said <hi>Seneca.</hi> They
who went before us, have not prevented us, but opened a door that we may
enter into the recesses of truth: He that comes last hath the best advantage in
the inquiry. <hi>Multum egerunt qui ante nos fuerunt, sed non peregerunt, multum
adhuc restat operis, multúmque restabit, nec ulli nato post mille secula praecludetur
occasio aliquid adhuc adjiciendi.</hi> They who went before us have done wisely and
well in their generations, but they have not done all; much work remains be<g ref="char:EOLhyphen"/>hinde,
and he that lives a thousand ages hence, shall not complain that there
are no hidden truths fit for him to inquire after. There are more worlds to
conquer:</p>
                     <q>
                        <l>Multa dies,<note place="margin">Epist. 64.</note> variúsque labor mutabilis aevi</l>
                        <l>Retulit in melius—</l>
                     </q>
                     <p>Every day brings a new light, and by hearty and wise labour we improve what
our Fathers espied when they peep'd through the crevises. Every art, every
manufacture was improved,</p>
                     <q>
                        <l>Venimus ad summum fortunae, pingimus atque</l>
                        <l>Psallimus,<note place="margin">Aeneid. l. 11.</note> &amp; luctamur Achivis doctiùs unct is.</l>
                     </q>
                     <p>The Romanes out did the Greeks, even in things which they were taught in
<hi>Athens,</hi> or on their hils of sport. But to proceed in the comparing the ages: These
later ages have more heresies, but the former had more dangerous; and al<g ref="char:EOLhyphen"/>though
the Primitive pie<gap reason="illegible" resp="#TECH" extent="1 letter">
                           <desc>•</desc>
                        </gap>y was high and exemplary, yet the effect of that was,
that in matters of practice they were more to be followed, but not in questi<g ref="char:EOLhyphen"/>ons
of speculation; these later ages are indeed diseased like children that have
the Rickets, but their upper parts doe swell, and their heads are bigger, <hi>sagaci<g ref="char:EOLhyphen"/>ores
in dogmate, nequiores in fide,</hi> and if they could be abstracted from the mix<g ref="char:EOLhyphen"/>tures
of interest, and the ingagement of their party, they are in many things
better able to teach the people then the Ancients: That is, <hi>they are best able to
guide, but not always safest to be followed.</hi> If all circumstances were equal, that
is, if the later ages were <hi>united,</hi> and <hi>governed,</hi> and <hi>dis<gap reason="illegible" resp="#TECH" extent="1 letter">
                              <desc>•</desc>
                           </gap>interest,</hi> there is no que<g ref="char:EOLhyphen"/>stion
but they are the best instructors; there is certainly more certain notice
of things, and better expositions of Scriptures now then formerly, but because
he that is to rely upon the authority of his guide, cannot choose by reasons,
he can hardly tell now where to finde them upon that account. There is more
gold now then before, but it is more allayed in the running, or so hidden in
heaps of tinsel, that when men are best pleased, now adays they are most com<g ref="char:EOLhyphen"/>monly
cozened.</p>
                     <p>If a man will take the middle ages,<note place="margin">4.</note> he may if he will, and that is all that
<pb n="165" facs="tcp:58903:111"/>
can be said in it; for there can be no reason for it, but much against it. <hi>Ego
sanè veteres veneror, &amp; tantis Nominibus semper assurgo. Verùm inter externa aeta<g ref="char:EOLhyphen"/>tem
esse scio, omniáque non esse apud Majores meliora.</hi> I for my part doe more
reverence the Ancients, and use to rise up and bow my head to such reverend
names, as S. <hi>Irenaeus,</hi> S. <hi>Cyprian, Origen,</hi> S. <hi>Hierome,</hi> S. <hi>Austin;</hi> but I reckon
<hi>age</hi> amongst things that are without, it enters not into the constitution of truth;
and this I know, that amongst these Ancients, not all their sayings are the best.
And on the other side, although Antiquity is a gentle prejudice, and hath
some authority, though no certainty or infallibility; so I know that novelty
is a harder prejudice, and brings along with it no authority, but yet it is not
a certain condemnation.
<q>
                           <l>Quòd si tam Graecis novitas invisa fuisset</l>
                           <l>Quàm est nobis,<note place="margin">Horat. l. 2. ep. <gap reason="illegible" resp="#TECH" extent="1 letter">
                                    <desc>•</desc>
                                 </gap>.</note> quid nunc esset vetus, aut quid haberet</l>
                           <l>Quod legeret, tererétque vicissim publicus usus.</l>
                        </q>
                     </p>
                     <p>If our Fathers in Religion had refused every exposition of Scripture that was
new, we should by this time have had nothing old; But in this case what
<hi>Martial</hi> said of friendships, we may say of truths:
<q>
                           <l>Nec me, quòd novus sum tibi, recuses:</l>
                           <l>Omnes hoc veteres tui sodales fuerunt.<note place="margin">Videat lector epist. 19. Sancti Augustini; quae est ad Hi<g ref="char:EOLhyphen"/>eronymum. &amp; epist. ad Fortu<g ref="char:EOLhyphen"/>natum.</note>
                           </l>
                           <l>Tu tantùm inspice qui novus paratur</l>
                           <l>An possit fieri vetus sodalis.</l>
                        </q>
                     </p>
                     <p>Refuse nothing onely because it is new. For that which pretends to age now,
was once in infancy; onely see if this new thing be fit to be entertained, and
kept till it be old; That is, as the thing is in it self, not as it is in age, so it is to
be valued, and so also are the men; for in this, as in all the other, the subject
matter will help forward to the choice of a guide.</p>
                     <p>1. The analogy of faith.</p>
                     <p>2. The piety of a proposition.</p>
                     <p>3. The safety of it, and its immunity from sin; these are right measures to
guess at an article, but these are more intrinsecal, and sometimes so difficult,
that they cannot be made use of but by those who can judge of reason, and
less need to be conducted by authority. But for these other who are wholly
to be led by the power and sentence of their guide, besides what hath been al<g ref="char:EOLhyphen"/>ready
advised.</p>
                     <p>4. The faculty and profession of men is much to be regarded, as that we
trust <hi>Divines</hi> in matters proper to their cognisance, and <hi>Lawyers</hi> in their faculty;
which advice is to be conducted by these measures.</p>
                     <p>
                        <hi>When the Authority of Divines is to be preferred, when that of Lawyers.</hi>
                     </p>
                     <p>1. The whole duty of a Christian consists in the laws of <hi>Faith</hi> or <hi>Religion,</hi>
                        <note place="margin">5.</note>
of <hi>Sobriety,</hi> and of <hi>Justice;</hi> and it is so great a work, that it is no more then needs
that all the orders of wise and learned men should conduct and minister to it.
But some portions of our duty are <hi>personal,</hi> and some are <hi>relative,</hi> some are <hi>pri<g ref="char:EOLhyphen"/>vate,</hi>
and some are <hi>publick;</hi> some are limited by the Laws of God onely, and
some also by the Laws of men; some are directed by nature, some by use and
experience; and to some of these portions <hi>contemplative men</hi> can give best as<g ref="char:EOLhyphen"/>sistances,
and <hi>the men of the world,</hi> and <hi>business</hi> can give best help in the other
necessities. Now because Divines are therefore in many degrees separate from
<hi>an active life,</hi> that they may with leisure attend to the conduct of things <hi>spiri<g ref="char:EOLunhyphen"/>tual,</hi>
and are chosen as <hi>the Ministers of mercy,</hi> and <hi>the great reconcilers of the
world,</hi> and therefore are forbidden to intermeddle in questions of blood: and
<pb n="166" facs="tcp:58903:112"/>
because the affairs of the world in many instances are so intangled, so uncondu<g ref="char:EOLhyphen"/>cing
to the affairs of the spirit, so stubborn that they are hardly to be manag'd
by a meek person, carried on by so much violence, that they are not to be re<g ref="char:EOLhyphen"/>scued
from being injurious but by a violence that is greater but more just; and
because the interests of men are complicated and difficult, defended by customs,
preserved in records, secur'd by sentences of Judges, and yet admit variety by so
many accidents, circumstances, and considerations, as will require the atten<g ref="char:EOLhyphen"/>dance
of one whole sort of men, and of all men in the world <hi>Divines</hi> are the
least fit to be imployed in such troubles and contracts, such violences. and
oppositions, and yet they are so necessary, that without them the government
of the world would be infinitely disordered, it is requisite that these should be
permitted to a distinct profession. In particular matters of <hi>justice ordinarily</hi> and
regularly <hi>Lawyers</hi> are the most competent Judges: In matters of <hi>Religion</hi> and
<hi>Sobriety,</hi> the office of Divines is so <hi>wholly</hi> or <hi>principally</hi> imployed, that it ought
to be chosen for our guide.</p>
                     <p>2. <hi>In matters of Justice</hi> which are to be conducted by <hi>general</hi> Rules,<note place="margin">6.</note> 
                        <hi>The<g ref="char:EOLhyphen"/>ology</hi>
is the best Conductress; and the <hi>Lawyers</hi> skill is but subservient and <hi>mi<g ref="char:EOLhyphen"/>nistring.</hi>
The reason for both is the same, because all the general measures of
justice are the Laws of God, and therefore cognoscible by the Ministers of
Religion; but because these general measures, like a great river into little
streams, are deduced into little rivulets and particularities by the laws and cu<g ref="char:EOLhyphen"/>stomes,
by the sentences and agreements of men, therefore they must slip
from the hands of the <hi>spiritual man</hi> to the <hi>prudent</hi> and <hi>secular.</hi> The <hi>Divine</hi> can
condemne all injustice, murder, incest, injurious dealing; but whether all <hi>ho<g ref="char:EOLhyphen"/>micide</hi>
be <hi>murder,</hi> all marriage of kindred be <hi>incest,</hi> or taking that which ano<g ref="char:EOLhyphen"/>ther
man possesses be <hi>injustice,</hi> must be determined by Laws, and the learned in
them; and though <hi>Divines</hi> may rule all these cases as well as any of the long
Robe, yet it is by their prudence and skill in Law, not by the proper notices
of Theology.</p>
                     <p>3. But justice is like a knife,<note place="margin">7.</note> and hath a back and an edge, and there is a
letter and a spirit in all Laws, and <hi>justice</hi> is self is to be conducted with <hi>piety,</hi>
and there are modalities, and measures, and manners of doing or suffering in
humane entercourses; and many things are <hi>just</hi> which are not <hi>necessary,</hi> and
there are excesses and rigours in justice which are to be moderated, and there
are evil and intangling circumstances which make several instances to justle one
another; and one must be serv'd first, and another must stay its season; and
in paying money there is an <hi>ordo ad animam,</hi> and justice is to be done for <hi>Gods
sake,</hi> and at some times, and in some circumstances for charities sake; and the
Law compels to pay him first that requires first; but in conscience, justice is
oftentimes to be administred with other measures: so that as <hi>prudence</hi> some<g ref="char:EOLhyphen"/>times
must be called to counsel in the conduct of <hi>piety,</hi> so must <hi>piety</hi> oftentimes
lead in <hi>justice,</hi> and justice it self must be <hi>sanctified by the word of God and prayer,</hi>
and will then goe on towards heaven, when both Robes like <hi>Paranymphs</hi> at<g ref="char:EOLhyphen"/>tending
a Virgin in the solemnities of her marriage, help to lead and to adorn
her.</p>
                     <p>4. Sometimes <hi>Humane</hi> Laws and <hi>Divine</hi> stand face to face and oppose each
other,<note place="margin">8.</note> not onely in the direct sanction (which does not often happen) but very
often in the execution. Sometimes obedience to a humane Law will destroy
charity, sometimes justice is against piety, sometimes piety seems less consi<g ref="char:EOLhyphen"/>stent
with Religion. The <hi>Church</hi> is poor, our <hi>Parents</hi> are necessitous, the fa<g ref="char:EOLhyphen"/>bricks
of the Houses of Prayer are ruinous, and we are not able to make sup<g ref="char:EOLhyphen"/>plies
<pb n="167" facs="tcp:58903:112"/>
to all these; Here what is just, and what is duty, not the Law, but <hi>The<g ref="char:EOLhyphen"/>ology</hi>
will determine. I owe <hi>Sempronius</hi> a small summe of money; it happens
that he comes to demand it when the gatherers of <hi>Gabels</hi> are present to de<g ref="char:EOLhyphen"/>mand
an equal summe for Taxes; here I am to ask my <hi>Confessor,</hi> not my
Lawyer whether of the two must be serv'd, since I cannot pay both: and in
this case the Ministers of Religion are the guards and defensatives of her in<g ref="char:EOLhyphen"/>terest:
Concerning which for the present, I onely insert this Caution; That
when Religion and Justice are in contest, the <hi>Ministers of Religion</hi> are not al<g ref="char:EOLhyphen"/>ways
bound to give sentence on the side of Religion, but to consider which
is the more necessary, and where the present duty stands; for sometimes it
is absolutely necessary to doe justice, and actions of particular Religion must
attend their season. But then even justice turns into Religion, and when it
does so, <hi>Theology</hi> must conduct her into action.</p>
                     <p>5. When the question concerns an interest,<note place="margin">9.</note> relative to either faculty, it
is hard choosing the authority on either part, for one judges for it self, and the
other against his adversary; that is, in effect they are both Judges in their own
cause. It is notorious in the Church of <hi>Rome,</hi> where the <hi>Canonists</hi> say, That
a Canon Lawyer is to be preferr'd before a Divine in elections to <hi>Bishopricks;</hi>
but you must think, the Divines say that themselves are farre the fitter. The
<hi>Canonists</hi> say that Praedial tithes are due <hi>by Divine right.</hi> The <hi>Divines</hi> say
they are onely due by <hi>positive constitution.</hi> The secret of that is, because most
of the <hi>Divines</hi> that write books are Monks and Friers, and such which are no
friends to Parishes, that the <hi>Pope</hi> may be allowed to have power to take tithes
from the Parish Priests, and give them to the <hi>Monasteries;</hi> which he could
not doe, if by Divine right they were annexed to their proper Cures. Amongst
us the tables are turn'd, and the Lawyers take the Friers part, and the Divines
generally affirm the Divine right of tithes. Concerning which it is to be con<g ref="char:EOLhyphen"/>sidered,
that though the authority of either part is not of it self sufficient to
determine a doubting person, and where interest is apparent, the <hi>person</hi> per<g ref="char:EOLhyphen"/>swading
<hi>loses much of his authority,</hi> yet <hi>the proposition</hi> it self <hi>ought not to lose any
thing.</hi> The interest appearing is no more warrant to disbeleeve the proposi<g ref="char:EOLhyphen"/>tion,
then it is to beleeve it. In this case there is interest on both sides, and
therefore as to that the case is indifferent. The way to proceed is to consider
the proper instruments of perswasion, and because a truth is not the worse for
serving his ends that teaches it, I am to attend to his arguments without any
prejudice. But if I am not able to judge of the reasons, but must be led by
authority, the presumption lies for the <hi>Divines,</hi> I am to beleeve them rather
then the <hi>Lawyers</hi> in such questions, because there is some Religion in doing so,
and a relation to God, for whose sake it is, that I choose to obey their propo<g ref="char:EOLhyphen"/>sition.</p>
                     <p>6. Where by the favour of <hi>Princes</hi> or <hi>Common-wealths</hi> any matters of
Justice are reserved to Ecclesiastical cognisance,<note place="margin">10.</note> in those affairs the authority
of <hi>Divines</hi> is to be preferr'd before that of <hi>Lawyers,</hi> because the personal ca<g ref="char:EOLhyphen"/>pacities
of the men being equal in all things, the <hi>Divines</hi> are exercised in the
same matters, and therefore are both concern'd and able, instructed and en<g ref="char:EOLhyphen"/>gaged,
and though the Lawyers are to be supposed honest, and just, and wise,
yet all that also is to be supposed in <hi>Divines,</hi> with some advantages of Religi<g ref="char:EOLhyphen"/>on,
and tenderness which is bred in them by their perpetual conversation
with the things of God. But in all things he comes the nearest to a sure way
of being guided, who does his best and with greatest honesty of heart, and
simplicity of pious desires to be truly informed. It was well said of <hi>Socrates,
<pb n="168" facs="tcp:58903:113"/>
An placeant Deo quae feci, nescio; hoc certò scio, me sedulò hoc egisse ut placerent.</hi>
The things which I have done, whether they please God or no, I know not;
but this I know assuredly, that I did earnestly desire, and diligently take care
that they might please him.</p>
                     <p>If the question be concerning other divisions of men,<note place="margin">11.</note> as of <hi>Schoolmen</hi>
and <hi>Casuists, Criticks</hi> or <hi>Preachers,</hi> the answer can be no other, but that in all
faculties relating to any parts of Religion, as there are very wise men, and
very weak men, so there are some to be preferr'd in each faculty, if we could
finde out who they are: but this <hi>praelation</hi> is relative to the men, not to the
faculty, if they were rightly handled. For the several faculties are nothing but
the proper portion of matter assign'd to the consideration of an order of men,
in a proper method; but the great end is the same, onely the means of per<g ref="char:EOLhyphen"/>swading
the same truth is different. But in the <hi>Church of Rome</hi> they are made
several Trades, and have distinct principles, and serve special and disunited
ends and interests; and therefore which of them is to be preferr'd, as to the
making a probable opinion is just to be answered, as if we should ask which
is best of <hi>feathers</hi> or <hi>wooll;</hi> they both of them have their excellencies in or<g ref="char:EOLhyphen"/>der
to warmth, and yet if you offer to swallow them down, they will infallibly
choke you.</p>
                  </div>
                  <div n="11" type="rule">
                     <head>RULE 11. He that hath given assent to one part of a probable
opinion, may lawfully depose that Conscience,
and that opinion upon confidence of the sentence
of another.</head>
                     <p>THE Curate of S. <hi>Martin</hi> being sent for to doe his last offices to a dying
man, finds him speechless,<note place="margin">1.</note> but yet giving signs of his penitence, as bea<g ref="char:EOLhyphen"/>ting
his breasts, weeping and groaning, holding up his hands, and looking pi<g ref="char:EOLhyphen"/>tifully,
and in a penitent posture: The Curate having read it, disputed whe<g ref="char:EOLhyphen"/>ther
such a person may be absolved, concerning whose repentance he can
have no other testimony but mute signs, which may be produced by other
causes, and finding arguments on both sides, consents to the negative as pro<g ref="char:EOLhyphen"/>bable;
and yet finding learned persons there who are of another opinion,
lays aside the practices of his own opinion, and in compliance with the other,
absolves the sick man. One that was present, and understood the whole pro<g ref="char:EOLhyphen"/>cess,
inquires whether he did well or no, as supposing that to doe against his
own opinion is to doe against his conscience; and a mans own conscience <hi>is
more to him then ten watchmen that keep a city.</hi>
                     </p>
                     <p>In answer to this,<note place="margin">2.</note> it is to be considered there is a double consent to a
proposition, the one is <hi>direct,</hi> the other a <hi>reflex;</hi> the first is directly termi<g ref="char:EOLhyphen"/>nated
upon the honesty or dishonesty of the object, the other upon the <hi>man<g ref="char:EOLhyphen"/>ner</hi>
of it, and <hi>modality.</hi> For instance, the Curate does not directly consent to
that part of the question which he hath chosen, as that which he will finally
rely upon, but he consents to it onely as a thing that is <hi>probable;</hi> If he were
fully perswaded of the article as a thing <hi>certain,</hi> or as <hi>necessary</hi> (though of it self
<pb n="169" facs="tcp:58903:113"/>
it be not so) or if he thinks it is not to be altered, then to doe against his <hi>opi<g ref="char:EOLhyphen"/>nion</hi>
were to doe against his <hi>conscience,</hi> because the <hi>opinion</hi> were pass'd the re<g ref="char:EOLhyphen"/>gion
of <hi>speculation,</hi> and <hi>ineffective notion,</hi> and is become a <hi>rule</hi> and <hi>immediate
measure</hi> of action. But because he beleeves it onely <hi>probable,</hi> that is such, in
which he is not <hi>certain;</hi> but may be <hi>deceived,</hi> and may use liberty, he may as
well choose that part of the <hi>probability</hi> which derives from the reputation and
abilities of other men, as well as that which proceeds from considerations of
those little intrinsick arguments which mov'd his assent lightly like a breath
upon the waters, or the smile of an undiscerning infant. His own <hi>opinion</hi> is
well enough concerning the <hi>honesty of the object,</hi> but yet he that chooses the
other part may make an <hi>honest election;</hi> for his own <hi>opinion</hi> reflecting upon it
self, not going beyond the stage of <hi>uncertainty</hi> and <hi>probability</hi> does openly chal<g ref="char:EOLhyphen"/>lenge
its own right of choosing another part; the conscience is no ways in<g ref="char:EOLhyphen"/>tangled
and determined, but so chooses that it may choose again, if she sees
cause for it, a cause in the particular case, which she espied not in the abstra<g ref="char:EOLhyphen"/>cted
question.</p>
                     <p>For he may prudently suppose that in what he is not certainly perswa<g ref="char:EOLhyphen"/>ded,<note place="margin">3.</note>
another may be wiser and know more, and can judge surer: and if he
have reason to think so, it may be a greater reason then that is by which
himself did choose his own <hi>opinion</hi> and part of the <hi>probability;</hi> and he may
have reason to think meanly of himself, and he may remember sad stories of
his frequent deception, and be conscious of his own unaptness to pass an ho<g ref="char:EOLhyphen"/>nest
unbiassed sentence, and hath no reason to trust himself in matters of pro<g ref="char:EOLhyphen"/>per
<hi>interest</hi> or <hi>relation.</hi>
                     </p>
                     <p>This Rule hath no other variety in it but that it be managed by these
Cautions.<note place="margin">4.</note>
                     </p>
                     <p>1. That the man upon whom we rely, be neither ignorant nor vicious, so
farre as we can judge, and so farre as relates to the present question, that is, that
he be a person fit to be a guide of others.</p>
                     <p>2. That relying on others proceed not out of idleness, and impatience to
inquire our selves.</p>
                     <p>3. That the opinion of the other be not chosen because it better serves my
ends or humour, but upon the preceding grounds of humility and mean opi<g ref="char:EOLhyphen"/>nion
of my self, and great opinion of the other.</p>
                     <p>4. That it be onely against his own probable perswasion so known, so consi<g ref="char:EOLhyphen"/>dered,
not against a <hi>sure conscience;</hi> that is, that it be in such a matter, in which
the assent is but imperfect, and relying upon unsure inducements. For then
he may as honestly trust the others prudence as his own weakness, the others
leisure and consideration, as his own want of time and aptnesses to consider:
and since the actions of most men in the world are conducted by the wit of
others in very many things, and of all men in some things, it cannot be im<g ref="char:EOLhyphen"/>prudence
to take a guide to direct the conscience in what it is not sufficiently
instructed by its own provisions.</p>
                     <p>If the entercourse happen between the superior and the inferior,<note place="margin">5.</note> the li<g ref="char:EOLhyphen"/>berty
of changing our part of the probability is confirmed by a want of liberty
to dissent. The subject may change his opinion, because he must obey where
ever it is possible that he should; and that is in this cases in which it is not
onely true that the opinion is probable in it self, but that it and its contrary
be both apprehended as probably true, and safely practicable. For then there
is no excuse to the man, and the conscience of the article cannot be pretended
<pb n="170" facs="tcp:58903:114"/>
against the conscience of obedience; and if it be lawful to obey, it is necessary
to obey. <hi>Hoc amo quod possum quâlibet vire viâ,</hi> every man loves his liberty,
but this liberty does ingage our obedience; we might not obey our superior
if God had ingaged us in the contrary; but we may, when we are perswaded
that the contrary opinion is <hi>probable,</hi> that is, <hi>conformable to reason,</hi> and fit enough
to guide him that is not finally determined in his conscience to the contrary.
For if it could be otherwise, then there were nothing to be given to autho<g ref="char:EOLhyphen"/>rity;
for in equal probabilities, it is likely if I choose one part, I am determi<g ref="char:EOLhyphen"/>ned
by a little thing, by a trifle, by a chance, by a humour; and if I be weighed
down by never such a trifle, yet I am determined to the choice of one side, and
it will be but an evil portion to authority, if it cannot be permitted to out<g ref="char:EOLhyphen"/>weigh
a humour, and a chance; an ignorant confidence, or a vain presumption:
and although it will be hard sometimes for a man to be convinced of the va<g ref="char:EOLhyphen"/>nity
of his argument, yet when his opinion is not onely speculatively but
practically probable, that is, when it is considered onely as probable, and the
contrary altogether, or almost as well thought of, the arguments of the pre<g ref="char:EOLhyphen"/>sent
perswasion are confessed to be but little, because they neither perswade,
nor abuse beyond a probability; and therefore in this case to out-face autho<g ref="char:EOLhyphen"/>rity,
is without <hi>pretence,</hi> as much as it is without <hi>warrant.</hi> And this is affir<g ref="char:EOLhyphen"/>med
by S. <hi>Austin</hi> in the case of Souldiers under a King,<note place="margin">Lib. 22. contr. Faustum cap. 74. &amp; habetur cap. Quid cul<g ref="char:EOLhyphen"/>patur. 23. qu. 1.</note> taking pay in a cause
which either is just, or that they are not sure it is unjust. <hi>Ergo vir justus si
fortè etiam sub Rege homine sacrilego militet, rectè potest illo jubente bellare, si
vice pacis ordinem servans, quod sibi jubetur, vel non esse contra Dei praeceptum
certum est, vel utrum sit, certum non est.</hi>
                     </p>
                     <p>But if the entercourse happen between a Physitian and a Patient,<note place="margin">6.</note> it is
made to differ. For 1. A Physitian may not leave a certain way, and take
an uncertain in the question of life or health; In matters of meer opinion,
the very perswasion and probability of assent is warrant enough for the man,
and the effect is innocent; but when so great an interest is ingaged, the man
becomes faster bound by the stricter ties of charity. It was a complaint that
<hi>Pliny</hi> made of <hi>Physicians</hi> in his time, <hi>Discunt periculis nostris, &amp; experientiam
per mortes agunt, medicóque tantùm occidisse impunitas summa est.</hi> It is hard that
a Physician should grow wiser at no cheaper rate then the deaths of many Pati<g ref="char:EOLhyphen"/>ents.
Now to doe the thing <hi>directly</hi> is intolerable, but to doe that which is not
our best, and which is not safe, when we have by us that which is safe, and which
we know is useful, is directly against charity, and justice, and prudence, and
the faithfulness of a good man.</p>
                     <p>But 2. When a Physician hath no better, he may take that course which is
probable, for that is his best; he cannot be required to more, and he is excused,
because he is required to minister. And this is yet more certain, if the sick
person shall die without Physick; but it is a venture whether the medicament
may prevail for his cure or no. For then all the hazard is on the favourable
side, and if it fails, the event is no worse; and it is charity to offer at a Cure
that is uncertainly good, but is certainly not evil.</p>
                     <p>3. When the opinions are on both sides probable, he may take that which
is in any sense safer, or in any degree, or by any means more probable, that is,
for the community of the opinion, or the advantage it hath by the learning
and reputation of them that hold it: so that he may leave his own opinion
which is overcome by the greater argument, or the greater authority of ano<g ref="char:EOLhyphen"/>ther,
though both the <hi>authority</hi> be less then that which <hi>binds,</hi> and the <hi>argument</hi>
less then that which is <hi>certain.</hi>
                     </p>
                  </div>
                  <div n="12" type="rule">
                     <pb n="171" facs="tcp:58903:114"/>
                     <head>RULE 12. He that inquires of several Doctors until he finde
one answering according to his minde, cannot by
that inquiry make his Conscience safe; but ac<g ref="char:EOLhyphen"/>cording
to the subject matter, and other circum<g ref="char:EOLhyphen"/>stances
he may.</head>
                     <p>SAint <hi>Paul</hi> remarks the folly of such men who <hi>heap up Teachers of their
own,</hi>
                        <note place="margin">1.</note> that is, such who preach what they desire, and declare things lawful
which God never made so; and he that hath entertained an opinion, and is
in love with it, and will seek out for a kinde and an indulgent nurse for it, can<g ref="char:EOLhyphen"/>not
ordinarily be the more secure for the opinion of his guide, because the in<g ref="char:EOLhyphen"/>trinsick
motive of his assent is not his guide, but his own purposes and predis<g ref="char:EOLhyphen"/>posing
thoughts and resolutions; and the getting of a learned man to say so,
is but an artifice to quiet the spirit, and make it rest in the deception if it so
happens to be. This determination from without may possibly adde a phan<g ref="char:EOLhyphen"/>tastick
peace, but no moment to the honesty of the perswasion or conscience,
because the <hi>conscience</hi> was not ready to rely upon the authority, but resolved
to goe somewhere else for an <hi>authority,</hi> if here it could not be had: and there<g ref="char:EOLhyphen"/>fore
the conscience could not be made <hi>probable</hi> by the authority, because the
resolution of the conscience was antecedent to it.</p>
                     <p>This is true <hi>ordinarily</hi> and <hi>regularly,</hi>
                        <note place="margin">2.</note> and there are usually many appen<g ref="char:EOLhyphen"/>dant
deceptions; as an <hi>impatient desire</hi> to have that true which I desire, a <hi>wil<g ref="char:EOLhyphen"/>lingness</hi>
to be deceived, a <hi>resolution</hi> to bring our ends about, a consequent
using means of being pleased and cozened, a concealing some circumstances,
and a false stating of the question, which is an infallible sign of an evil con<g ref="char:EOLhyphen"/>science,
and a minde resolved upon the conclusion, desirous of a security, or
sleepy quietness, and incurious of truth. But yet there are some cases in
which this changing of guides and inquiries is not onely innocent, but an
instrument of a just confidence.</p>
                     <p>1. When the inquirer hath very probable inducements for his opinion,<note place="margin">3.</note>
and remains really unsatisfied in the answers and accounts of the first Doctors.</p>
                     <p>2. When he hath an indifferency to any part that may appear true, but it
falls out that nothing does seem true to him but what he hath already enter<g ref="char:EOLhyphen"/>tained.</p>
                     <p>3. When the assent to our own proposition is determined, so as to avoid a
real doubt or perplexity, but yet a scruple remains, that is, some little degrees
of confidence are wanting, which cannot be better supplied then by an ex<g ref="char:EOLhyphen"/>trinsecal
argument, the authority of a wise man.</p>
                     <p>4. When the inquiring person is under a weakness and temptation, and
wants some to apply his own notices to him, and to make them operative and
perswasive upon his spirit; as it happens to very many men always, and to all
men sometimes.</p>
                     <p>5. When the case is favourable and apt for pity and releef, as in the dan<g ref="char:EOLhyphen"/>gers
of despair, then the inquirer not onely may, but ought to goe till he finde
a person that can speak comfort to him upon true grounds of Scripture and
revelation.</p>
                     <p>
                        <pb n="172" facs="tcp:58903:115"/>
6. When the purpose of the inquirer is to be landed upon any virtue, and
pious state of life or design, he may receive his incouragement and final de<g ref="char:EOLhyphen"/>termination
from him whom he chooses for his opinion sake, and conformity
to his own pious intentions.</p>
                     <p>The reason of these exceptions is this:<note place="margin">4.</note> Because the matter being just, fa<g ref="char:EOLhyphen"/>vourable,
and innocent, the man goes right, and by being confirmed in his
way, receives no detriment to his soul or his duty; and because they are ten<g ref="char:EOLhyphen"/>dencies
to duty, it is to be presumed that the inquirer intends honestly and
piously: and now since the way is secure, and the person well intending, if the
instrument of establishing this good course were very incompetent, it might
be an imperfection in nature, but not in morality.</p>
                  </div>
                  <div n="13" type="rule">
                     <head>RULE 13. He that is asked concerning a case that is on either
side probable, may answer against his own opi<g ref="char:EOLhyphen"/>nion,
if the contrary be probable and more safe,
or more expedient and favourable.</head>
                     <p>THE reason is,<note place="margin">1.</note> because he that holds an opinion which himself beleeves
onely to be <hi>probable,</hi> knows also there is no necessity in counselling it to
another, because it is not certainly true; and <gap reason="illegible" resp="#TECH" extent="1 letter">
                           <desc>•</desc>
                        </gap>he may rather counsel the con<g ref="char:EOLhyphen"/>trary
to another then follow it himself, because himself is already determined,
which the other is not, but is indifferent.</p>
                     <p>But why he should rather doe so then counsel his own opinion,<note place="margin">2.</note> there is
no reason in the thing, but something relating to the person inquiring; as if
the opinion which he maintains not, be more agreeable with the others cir<g ref="char:EOLhyphen"/>cumstances
and necessities. <hi>Codrus</hi> inquires if he be tied to restitution of all the
fruits of a field which he held in a dubious title. The Curate thinks it to be a
probable opinion, that he is bound; but because <hi>Codrus</hi> is poor, or apt to break
the bridle of Religion if it holds him too hard, he may counsel him accor<g ref="char:EOLhyphen"/>ding
to the opinion of them that affirm that he is not bound to restitution. If
he be asked what his own opinion is, he must not speak contrary to it: But
when the question onely is asked in order to a resolution, he may point to goe
that way where by his own sentence he may be safe, and by reason of the
others necessities he may be more advantaged. The reason of this is, because
when two opinions are equally probable, the scales are turn'd by piety, or cha<g ref="char:EOLhyphen"/>rity,
or any good thing that is of collateral regard, and therefore makes a
greater degree of artificial probability, and is in such cases sufficient for deter<g ref="char:EOLhyphen"/>mination.
For in direct reason the case is equal, and in the indirect there is
great advantage on the side of charity, or accidental necessity, or compliance
with any fair and just interest. Christian Religion is the best natur'd institu<g ref="char:EOLhyphen"/>tion
in the world.</p>
                     <p>The like case it is,<note place="margin">3.</note> when the opinion of the Curate is such, that the inquirer
will probably abuse it to licenciousness and evil mistake; for then the Curate
may prudently conceal his own sentence, and borrow his brothers candle to
light a person that is in danger.</p>
                  </div>
                  <div n="14" type="rule">
                     <pb n="173" facs="tcp:58903:115"/>
                     <head>RULE 14. When the guide of souls is of a different opinion
from his charge or penitent, he is not bound to ex<g ref="char:EOLhyphen"/>act
conformity to his own opinion that is but pro<g ref="char:EOLhyphen"/>bable,
but may proceed according to the consci<g ref="char:EOLhyphen"/>ence
of the penitent.</head>
                     <p>THat is,<note place="margin">1.</note> supposing the opinion of the penitent to be <hi>probable,</hi> and that he
did the action <hi>bonâ fide,</hi> and as an act <hi>commendable,</hi> or <hi>permitted;</hi> he is not
to be troubled with what is past, lest that be turned into a scruple which was
no sin, and lest the Curate judge unrighteous judgement, and prescribe affli<g ref="char:EOLhyphen"/>ctions
for that for which God shall never call him to judgement; for in this
case it is, that no man can be the judge of another mans conscience.</p>
                     <p>But if the opinion of the <hi>penitent</hi> be certainly false,<note place="margin">2.</note> or the <hi>parent,</hi> or <hi>pro<g ref="char:EOLhyphen"/>tector,</hi>
or the <hi>occasion</hi> of a sin, the guide of his soul must not comply at all
with it, but discover the error and the danger. He that kills his brother
because he is zealous in another opinion, and thinks he does God good service,
must not be permitted in his erring conscience, and criminal perswasion; for
the matter hath altered the case, and in the relations of duty, the <hi>error</hi> is always
<hi>vincible,</hi> and therefore <hi>intolerable:</hi> and therefore <hi>Peter Lombard</hi>'s Mother
upon her death-bed was admonished to confess her sin in having three chil<g ref="char:EOLhyphen"/>dren
by illegal mixtures, though she was foolishly perswaded it was no sin,
because her sons did prove to be such excellent persons, and instruments of
Divine glory.</p>
                  </div>
                  <div n="15" type="rule">
                     <head>RULE 15. The sentence and arbitrement of a prudent and good
man, though it be of it self but probable, yet is
more then a probable warranty to actions other<g ref="char:EOLhyphen"/>wise
undeterminable.</head>
                     <p>
                        <hi>SIcut vir prudens eam definierit,</hi> is the great measure which <hi>Aristotle</hi> and all the
moral Philosophers assign to very many cases and questions. If two cases
that seem equally probable, have in them different degrees of safety, that the
safest is to be chosen is certain; but oftentimes the sentence and opinion of
a good man is the onely rule by which we judge concerning safety. *When
piety and religion are in competition for our present attendance, sometimes
piety to our Parents is to be preferr'd, sometimes an action of religion in its
own season; but what portion of our services is to be allowed to the one and
the other is <hi>sicut vir prudens definierit,</hi> according as a good and a prudent man
shall determine. *To bury the dead is good, to releeve the living poor is
ordinarily better; but yet there was a time in which there was a proper season
for that, and not for this; and our blessed Saviour commended <hi>Maries</hi> devo<g ref="char:EOLhyphen"/>tion
<pb n="174" facs="tcp:58903:116"/>
and choice in so doing, but when we also may doe one or the other, de<g ref="char:EOLhyphen"/>pends
upon circumstances and accidents which are not immediately the sub<g ref="char:EOLhyphen"/>ject
of Laws, but of prudent consideration. * Humane Laws binde the con<g ref="char:EOLhyphen"/>science
of their Subjects, but yet give place to just and charitable causes; but
which are competent and sufficient is not expresly and minutely declared, but
is to be defined by the moderation and prudence of a good man. * That
we are to be careful in the conduct of our temporal affairs, in paying of our
debts, in making provisions for our children is certain and confessed: but
besides the general measures and limits of carefulness described by our blessed
Saviour, our earnestness of prosecution, our acts of provision and labour are
to be esteemed regular or irregular by the sentence of a wise and a good man.
The significations of love to our children and nearest relatives, the measures
of compliance with the fashions of the world, the degrees of ornament or
neglect in clothing, intention of our actions and passions, and the<gap reason="illegible" resp="#TECH" extent="1 letter">
                           <desc>•</desc>
                        </gap>r degrees,
the use and necessities and pretences for omissions in good things, and generally
all the accidental appendages of action are determinable onely this way; and
a probability is enough to determine us; but that this is the way of intro<g ref="char:EOLhyphen"/>ducing
the probability is upon this reason; because next to the provision of
Laws, stands the man who is obedient to Laws and understands them, and
next to the reason of the Law, stands the analogy and proportion of those
Laws; and therefore this is the next best to the Laws, it stands nearest to
reason, is the best guide that is left us, and therefore a proper measure of
conscience in the destitution of that which is most proper.</p>
                     <p>
                        <hi rend="margQuotes">There are many other Rules concerning the exercise of a probable Con<g ref="char:EOLhyphen"/>science,
in the cases and questions of Kings and Priests, of Advocates
and Judges, in matters of Sacraments and Government, which are
to be referred to the place of their proper matter; but this is also to be
determined by the Rules here assigned, and have no particular consi<g ref="char:EOLhyphen"/>deration,
except what meerly relates to the matter.</hi>
                     </p>
                  </div>
               </div>
               <div n="5" type="chapter">
                  <head>CHAP. V. Of a doubtful Conscience.</head>
                  <div n="1" type="rule">
                     <head>RULE 1. A doubtful Conscience assents to neither side of the
question, and brings no direct obligation.</head>
                     <p>
                        <seg rend="decorInit">T</seg>HE <hi>Conscience</hi> being in its proper operations <hi>positive</hi> and <hi>pra<g ref="char:EOLhyphen"/>ctical;</hi>
when it is neither,<note place="margin">1.</note> it is not properly and directly <hi>con<g ref="char:EOLhyphen"/>science;</hi>
and because it binds to obedience by its determina<g ref="char:EOLhyphen"/>tion
and assent, and its consequent inclining the will, when
the understanding is not determined, nor the will inclined,
there can no action follow, but a total suspension of action
is its proper consequent.</p>
                     <p>But upon this there is onely a reflex act of <hi>Conscience</hi> and <hi>Understan<g ref="char:EOLhyphen"/>ding;</hi>
                        <note place="margin">2.</note>
for by considering that our conscience is doubtful, and indeterminable,
<pb n="175" facs="tcp:58903:116"/>
we are obliged to suspend our action; but then this is the act, not of a <hi>doubt<g ref="char:EOLhyphen"/>ful,</hi>
but of a <hi>right</hi> conscience, because in this we are <hi>certain,</hi> and <hi>right,</hi> and <hi>de<g ref="char:EOLhyphen"/>termined:</hi>
so that <hi>a doubtful conscience</hi> is but an <hi>aequivocal</hi> and <hi>improper consci<g ref="char:EOLhyphen"/>cence;</hi>
like an unresolved will, or an artist with his hands bound behinde him:
that is, the man hath a conscience, but it is then in chains and fetters, and he
wears a hood upon his eye, and his arm in a string, and is onely to be taught
how to cut the knot, and to doe some little things of advantage, or security
to his intermedial state of impediment; but a <hi>doubtful conscience</hi> can be no
rule of humane actions.</p>
                     <p>But yet some collateral and indirect obligations are pass'd upon the man
by that state of infelicity,<note place="margin">3.</note> according to the nature of the doubt.</p>
                     <p>In order to which,<note place="margin">4.</note> 
                        <hi>doubts</hi> are considered, either as relating to the <hi>Law,</hi>
or as relating to <hi>matters of fact,</hi> viz. <hi>whether</hi> such a thing be lawful or not?
or <hi>whether</hi> I did such an action or no, by which I am bound to restitution or
repentance?</p>
                     <p>Doubts also are <hi>Negative,</hi>
                        <note place="margin">5.</note> or <hi>Positive,</hi> that is, they are still upon us be<g ref="char:EOLhyphen"/>cause
there is no means to determine the understanding; as no man can ever
be resolved whether the number of the starres be even or odde; when is the
precise minute in which a man first comes to the use of reason; and this is
called a <hi>Negative doubt. The Positive</hi> enters by the indifferency of the argu<g ref="char:EOLhyphen"/>ments,
and their equal weight on both sides: as if it be doubted whether the
souls departed enjoy the beatifick vision before the day of Judgement? whe<g ref="char:EOLhyphen"/>ther
Residence on a Benefice be an indispensable precept, or in what cases it
obliges not? whether Ecclesiastical persons be bound <hi>by justice</hi> or <hi>by charity</hi>
to give all that they can prudently spare to the poor? These are <hi>positive doubts,</hi>
because there are many arguments on eithe side.</p>
                     <p>The <hi>Negative doubt</hi> is either <hi>Metaphysical</hi> or <hi>Moral,</hi> or it is onely a <hi>Suspi<g ref="char:EOLhyphen"/>cion;</hi>
                        <note place="margin">6.</note>
that is, these are several degrees of such a doubt, for the determination
of which there is no sufficient instrument.</p>
                     <p>Lastly,<note place="margin">7.</note> sometimes a doubt is placed onely in the <hi>understanding,</hi> without
any other effect but the trouble of thoughts; and then for methods sake, and
right understanding of the rules of practice, it is called <hi>a speculative doubt.</hi>
Sometimes this doubt passes on to the <hi>conscience,</hi> and hath influence upon the
action or event; so as to be an impediment to it, or the spoil of it, that is, so
as to cause that it shall not be done, or if it be done that it becomes a sin:
and this is called <hi>a practical doubt.</hi>
                     </p>
                     <p>According to these distinctions the following Rules are useful in order to
practice.</p>
                  </div>
                  <div n="2" type="rule">
                     <head>RULE 2. A negative doubt neither binds to action, nor inqui<g ref="char:EOLhyphen"/>ry,
nor repentance; but it binds onely to caution
and observance.</head>
                     <p>1. <hi>THat it binds not to action</hi>] I affirm upon the same ground,<note place="margin">1.</note> by which the
same is affirmed concerning all doubting consciences. <hi>It binds from
action;</hi> for whatsoever is done with <hi>a doubting conscience</hi> (that is, <hi>without faith,</hi>
                        <pb n="176" facs="tcp:58903:117"/>
or fulness of perswasion that it is lawful to doe it) is a sin. S. <hi>Paul</hi> gave us the
Rule,<note place="margin">Rom. 14. 23.</note> 
                        <hi>Whatsoever is not of faith is sin. Quod dubitas nè feceris,</hi> said <hi>Cicero.</hi> For
if we doe it with a doubting conscience, we doe it without our Rule, which
is the <hi>dictate of our conscience,</hi> and since no action is indifferent between <hi>lawful</hi>
and <hi>unlawful</hi> (though between good and bad there may) to doe without our
Rule of lawful and permitted it to doe against it, even that which is not per<g ref="char:EOLhyphen"/>mitted,
and therefore is unlawful. Adde to this,</p>
                     <p>2. He that does not know whether it be lawful or no, does that which he is
not sure but it may be forbidden by God, and displeasing to him; and to doe
that which I know not but may grieve my friend, or trouble him, cannot con<g ref="char:EOLhyphen"/>sent
with my love to him; and therefore every act of a doubting conscience
is against charity. In the question of lawful or unlawful, not to know it to
be lawful, is to enter upon it with a minde willing to admit the unlawful; it
is all one to be in the dark, as to be without a candle or a starre, and either of
them is as bad, as full of ignorance and obscurity, as if we shut our eyes, or put
the candle out. When therefore it happens that our conscience doubts whe<g ref="char:EOLhyphen"/>ther
such an act be a sin or no, a good man will be sure not to sin; but in
that case, and while the doubt remains, he can have no security, but by not
doing it.</p>
                     <p>2. <hi>It binds not to inquiry</hi>] because there is no competent means to finde
out a resolution;<note place="margin">2.</note> for that is the state of the Question, that is the definition of
a <hi>Negative doubt. Fabiola</hi> doubts whether in her childhood she did never take
Gods name in vain; and although she be bound to inquire in all the reasonable
and remembred parts of her life, because of them she may finde some records,
and in that case the <hi>doubt</hi> is not <hi>negative;</hi> yet of the state of childhood she
cannot be obliged to make inquiry, because there was then no Law, no Regi<g ref="char:EOLhyphen"/>ster,
no Court kept, no judgement, no choice; that is, <hi>she cannot be obliged to
an effect that is impossible, and to an act that is to no purpose.</hi>
                     </p>
                     <p>3. <hi>It binds not to repentance.</hi>] In case she fears exceedingly,<note place="margin">3.</note> supposing
this still to be a <hi>Negative doubt,</hi> that is, such a one, for the proper resolution of
which there are no competent arguments or instruments. <hi>Fabiola</hi> not knowing
whether she did or no, and it being impossible afterwards to finde it out, <hi>Fa<g ref="char:EOLhyphen"/>biola</hi>
i<gap reason="illegible" resp="#TECH" extent="1 letter">
                           <desc>•</desc>
                        </gap> not tied to ask forgiveness for the blasphemies of her childhood: For
no obligation can come from what is not, or cannot be known.</p>
                     <p>This is to be understood to be true of that sort of <hi>Negative doubt</hi> which
it called <hi>Metaphysical,</hi>
                        <note place="margin">4.</note> when there is no possibility of knowing; as it is impos<g ref="char:EOLhyphen"/>sible
to know what little prety phantasm made us to smile when we hanged
upon our Mothers breasts; and the doubt is onely founded upon the possibi<g ref="char:EOLhyphen"/>lity
that the thing might have been, though now it be impossible to finde out
whether it was or no. It is possible that being a child I might laugh at Scri<g ref="char:EOLhyphen"/>pture,
or mock an Apostle; but if this could bring an obligation to an act of
repentance, then the same obligation passes upon all men in all actions and
periods of their lives, for all things, and in all cases in which they doe not re<g ref="char:EOLhyphen"/>member
all, or did not observe every circumstance, or did not consider every
minute, or weigh every degree. For in every thing there is a possibility
that I might have done something very ill.</p>
                     <p>But there is a <hi>Negative doubt</hi> which is called <hi>Morally negative;</hi>
                        <note place="margin">5.</note> that is,
when there is no way of being readily and clearly determined, but yet the
<pb n="177" facs="tcp:58903:117"/>
doubt is founded upon some light conjecture, and no more. <hi>I was tempted,</hi> or
<hi>I had an opportunity,</hi> or <hi>an evil thought came cross me,</hi> and I know my own infir<g ref="char:EOLhyphen"/>mity;
and this according to the degrees of the conjecture can oblige us to a
general and conditional repentance; thus, if I did amiss, God of his mercy
impute it not unto me. <hi>I know not, my conscience does not accuse me,</hi> (so S. <hi>Paul</hi>)
but <hi>I am not hereby justified; God is greater then my conscience.</hi> But this, set the
words of S. <hi>John,</hi> and they will determine the case: <hi>If our hearts condemne us
not, then have we peace towards God;</hi> that is, <hi>the doubt in this matter ought to be
laid down,</hi> if our hearts doe not pass sentence against us; but not so wholly
but that we may provide against a danger not actually felt: We ought to be
peaceful, but not too confident, when there is any probability of error and
deception. The <hi>peace</hi> is warranted by S. <hi>John,</hi> the <hi>wariness</hi> is exemplified in
S. <hi>Paul.</hi>
                     </p>
                     <p>4. <hi>It does binde to caution and observance.</hi>] Every thing does so,<note place="margin">6.</note> where
either there <hi>is a danger,</hi> or any is <hi>suspected,</hi> or any is <hi>possible,</hi> or any <hi>ever was:</hi>
and therefore, for this there needs no peculiar reason, onely according to the
approach of the <hi>negative doubt</hi> to any degrees of its being positive; that is, to
a probability that it is as we doubt, the observance ought to be stricter, and
the caution more severe, which happens in that <hi>imperfect</hi> kinde of <hi>imperfection,</hi>
in <hi>suspicion,</hi> which is but the image of <hi>doubting.</hi>
                     </p>
                     <p>For there is yet another sort of doubting,<note place="margin">7.</note> which may be called a <hi>priva<g ref="char:EOLhyphen"/>tive
doubt. Titius</hi> is invited to eat with one of another communion. First
he checks at it, but because <hi>he knows no reason against it,</hi> nor indeed did ever
dispute, or hear the question disputed, whether it be lawful or no, he goes.
The question is, whether he did well or no?</p>
                     <p>Concerning which the case is evident, that <hi>whatsoever is not of faith is sin,</hi>
                        <note place="margin">8.</note>
that is, if it be not done with a perswasion that it is lawful. But if a man be
perswaded that he may lawfully doe any thing against which he knows no
Law, no Commandement, no Reason; this is <hi>not a doubting conscience,</hi> but <hi>a
probable,</hi> and therefore need not to abate the action. * But if this also turn
into a <hi>doubt,</hi> the case is altered. For he that thinks <hi>he may not doe it,</hi> or doubts
whether he may or no doe a thing <hi>for which he hath no command,</hi> or no posi<g ref="char:EOLhyphen"/>tive
and <hi>affirmative warrant,</hi> and that it is no sufficient reason or warrant for
the doing it that <hi>he knows nothing against it,</hi> unless he also have <hi>something for it;</hi>
this man thus perswaded or abused, may not proceed to action. For in this
case he hath nothing for it, and one great thing against it, even this proposi<g ref="char:EOLhyphen"/>tion,
That <hi>a thing is not to be done in such a case,</hi> which is the case of a <hi>priva<g ref="char:EOLhyphen"/>tive
doubt.</hi> But for the thing it self, the next Rule gives an account of it.</p>
                  </div>
                  <div n="3" type="rule">
                     <head>RULE 3. A privative doubt cannot of it self hinder a man from
acting what he is moved to by an extrinsick argu<g ref="char:EOLhyphen"/>ment,
or inducement that is in it self prudent or
innocent.</head>
                     <p>IT cannot of it self hinder] that is,<note place="margin">1.</note> abstracting from the circumstance of
accidental doubting or not doubting. The reason is, because there being no
Law against it by which he is actually ruled, and no reason appearing in defi<g ref="char:EOLhyphen"/>ance
<pb n="178" facs="tcp:58903:118"/>
of it, that is, there being no <hi>intrinsecal disswasive,</hi> the conscience is onely
left to be conducted or perswaded by the <hi>extrinsecal.</hi>
                     </p>
                     <p>For all actions are left indifferent till by a <hi>superinduced Law</hi> they are re<g ref="char:EOLhyphen"/>strained;<note place="margin">2.</note>
which <hi>superinduced Law</hi> wants its publication, if <hi>inculpably</hi> I have no
notice of it in my conscience. But this is to be allowed with this caution: That
this entring upon actions against which we know no reason or law, be not
<hi>sudden,</hi> and <hi>violent,</hi> and <hi>careless,</hi> like the rushing of an horse into a battel with<g ref="char:EOLhyphen"/>out
consideration; but that we consider according to our <hi>strength,</hi> and to our
<hi>time,</hi> whether there be any reasons for or against the act in question, <hi>and if we
finde none, let us make none;</hi> that is, let us not by our unreasonable and imper<g ref="char:EOLhyphen"/>tinent
doubting place a snare for our own feet, there where none is placed by
the prohibition.</p>
                     <p>2. If it be a matter that concerns the interest of another,<note place="margin">3.</note> let us always
be the more wary, and remember, if there be nothing against it, there must be
something for it, either in the <hi>matter,</hi> or in the <hi>manner,</hi> either in <hi>justice,</hi> or in
<hi>charity,</hi> or at least by <hi>the securities of the safer part,</hi> by which, if we finde no
<hi>reward,</hi> yet we are sure to finde <hi>indemnity.</hi>
                     </p>
                     <p>This whole advice is of great use in the circumstances of the duty that
concerns the married pairs;<note place="margin">4.</note> in which the <hi>Doctors of Cases of Conscience</hi> have
spoken what they please, and in many things wholly by <hi>chance</hi> or <hi>fancy;</hi> and
the holy state of marriage ought to be rescued from many of their snares and
intricacies by which they have troubled it, as well appear when I shall speak to
the Rules of that affair.</p>
                  </div>
                  <div n="4" type="rule">
                     <head>RULE 4. In doubts of Right, or Law, we are always bound
to inquire; but in doubts of fact not always.</head>
                     <p>THE reason is,<note place="margin">1.</note> because ignorance of our duty is always a sin, and there<g ref="char:EOLhyphen"/>fore
when we are in a perceiv'd, discernable state of danger, he that refu<g ref="char:EOLhyphen"/>ses
to inquire after his duty, does not desire to doe it.</p>
                     <p>In matters of fact we are bound <hi>ordinarily</hi> to inquire,<note place="margin">2.</note> because we must
not be ignorant of the state of our consciences, and what obligation <gap reason="illegible" resp="#TECH" extent="1 letter">
                           <desc>•</desc>
                        </gap>here is
to restitution, or repentance. which the more particular it is, the more per<g ref="char:EOLhyphen"/>fect
it is. But this I say, that though <hi>ordinarily</hi> it be true that we are obliged,
yet in some cases it may happen that it is safer to trust the event of things
with a general repentance, then that the conscience of some men be tempted
with a particular notice of the fact.</p>
                     <p>1. This happens in those that are weak-hearted,<note place="margin">3.</note> soft, and apt to every
impression in too deep a regard. A <hi>Castilian</hi> Gentleman being newly reco<g ref="char:EOLhyphen"/>vered
from the sad effects of a melancholy spirit, and an affrighting conscience,
and being entertained by some that waited on him with sports and innocent
pastimes to divert his scaring thoughts; he with his company shot many ar<g ref="char:EOLhyphen"/>rows
in a publick field at rovers: at that time there was a man kill'd, whether
by his arrows or no, he knew not, and is forbidden to inquire; and his case had
<pb n="179" facs="tcp:58903:118"/>
in it reason enough to warrant the advice: The knowledge of it could not
have done him so much good, as it would have done him hurt; and it was bet<g ref="char:EOLhyphen"/>ter
he should be permitted to <hi>a doubting</hi> then to <hi>a despairing conscience,</hi> as in
his case it was too likely to have happened. <hi>It is better to be suspected then to be
seen.</hi>
                     </p>
                     <p>2. This also is so to be advised,<note place="margin">4.</note> when the inquiry into the doubt of fact
may be prejudicial to a third person. A Priest going to the West-Indies by
misfortune wounds one of his company, whom with much trouble and sor<g ref="char:EOLhyphen"/>row,
he leaves to be cured of his hurt, but passes on to his voyage, which he fi<g ref="char:EOLhyphen"/>nished
at a huge distance from the place of his misfortune. The Merchants come
the next year that way, and he is unwilling to inquire concerning his sick
friend; desirous he was to know good of him, but infinitely fearful lest he be
dead: Consulting therefore with his superiour in the case, was directed not
to inquire, upon this account; because if the man were dead the Priest would
be <hi>irregular,</hi> and a whole Parish unprovided for, and left without rites and
Sacraments, and publick offices, which then and there could not easily be sup<g ref="char:EOLhyphen"/>plied.</p>
                     <p>But in matters of right or duty inquiry must be made,<note place="margin">5.</note> ever, when the que<g ref="char:EOLhyphen"/>stion
is of the <hi>lawfulness</hi> or <hi>unlawfulness</hi> of what is to be done; because we en<g ref="char:EOLhyphen"/>ter
upon danger, and despise our own safety, and are careless of our duty, and
not zealous for God, nor yet subjects of Conscience, or of the Spirit of God,
if we doe not well inquire of an action we are to doe, whether it be <hi>good</hi>
or <hi>bad.</hi> But when the act is done, and done with an actual perswasion that it
was lawful, the conscience of that person is not easily to be disturbed, which
is to be understood with these cautions:</p>
                     <p>1. When the question was probable on either side,<note place="margin">6.</note> and at the time of
acting, was chosen with its just measures and provisions; then although the
complice or partner of the act doe change his opinion, and think himself bound
to repent, yet he is not bound to trouble the other. <hi>Anthony</hi> a Gentleman of
<hi>Parma</hi> being in love with <hi>Maria de Rupe,</hi> being moved with great interests of
his person, and a great necessity, consummates his marriage before publication,
they both of them being perswaded that it is lawful. He afterwards changes
his opinion, thinks it a sin, and repents and begs pardon, but being also in
doubt whether he ought to tell his wife of it, was advised to the contrary, upon
this amongst many other concurrent reasons, because what was innocently
done, cannot be condemned in that in which it was innocent: for the man
himself ought to be sorrowful for his being deceived (if he thinks he was) but
he cannot be tied to repent of the act, which supposing his then present per<g ref="char:EOLhyphen"/>swasion
was lawful, because done according to probable conscience: and
therefore much less ought he to disturb the peace of his wife, whose perswasi<g ref="char:EOLhyphen"/>on
remains the same as at first. What was not a sin at first, cannot in that in<g ref="char:EOLhyphen"/>dividual
act become a sin afterwards.</p>
                     <p>2. This is also to be understood,<note place="margin">7.</note> when the act leaves no evil effect, or hath
done no hurt to a third person; but if it doe, then my peace is not to be bought
at the expence of anothers evil. No man is to be made better or left so, by
anothers detriment; and therefore if a child were begotten in that unripe and
hasty consummation, and that child should be declared bastard, then the peace
is to be disturbed, and the inquiry on all hands to be curious and busy, because
in all such cases there is something of duty for the future concerned in it; some<g ref="char:EOLhyphen"/>times
restitution, but always repentance in particular.</p>
                     <p>
                        <pb n="180" facs="tcp:58903:119"/>
3. This is also true when the fact that is past is not introductive of more
and new instances;<note place="margin">8.</note> for if it was the wrong side of the probability which was
chosen, and the same kinde of action is to return often, there the conscience
though heartily perswaded, must be awakened from its security by him that
beleeves it to be a sin that was done, and then the interested party must in<g ref="char:EOLhyphen"/>quire;
the reason of this is, because this concerns the future, and all the world
when they enter upon action must <hi>inquire anew</hi> when they have reason to <hi>doubt
anew,</hi> and they may be call'd upon, and must be better informed by them
that can and are concerned. For the honour of God and the interest of his
service is in this case concerned, which in the other is not, when it onely re<g ref="char:EOLhyphen"/>lates
to a single and a past action, which was then lawful, and therefore will
not afterwards be imputed.</p>
                     <p>4. When the person interested does of himself doubt whether the past
act was lawful or not,<note place="margin">9.</note> and desires to be satisfied, and that there will be no
evil effect in the alteration of his perswasion, then it is fit he be complied with
in that which he judges to be for the interest of his soul, for this is certainly
the better; the other way of concealing and not inquiring being onely per<g ref="char:EOLhyphen"/>mitted
in some cases, and with so many cautions and reservations as are before
expressed.</p>
                  </div>
                  <div n="5" type="rule">
                     <head>RULE 5. In doubts the safer part is to be chosen.</head>
                     <p>WHen the Conscience is doubtful,<note place="margin">1.</note> neither part can be chosen till the
doubt be laid down; but to choose the safer part is an <hi>extrinsecal</hi>
means instrumental to the deposition of the doubt, and changing the consci<g ref="char:EOLhyphen"/>ence
from <hi>doubtful</hi> to <hi>probable.</hi> This Rule therefore does properly belong to
the <hi>probable conscience:</hi> for that the conscience is <hi>positively doubtful</hi> is but ac<g ref="char:EOLhyphen"/>cidental
to the question and appendant to the person. For the reasons on ei<g ref="char:EOLhyphen"/>ther
side make the conscience <hi>probable,</hi> unless fear, or some other accident
make the man not able to rest on either side. For in matters of conscience
it is as hard to finde a case so equally probable that a man shall finde nothing
without, or within to determine him, as it is to finde that which the Philoso<g ref="char:EOLhyphen"/>phers
call, <hi>Temperamentum ad pondus,</hi> a constitution so equal that no part shall
excel the other. For if there were nothing in the things to distinguish them,
yet in the man there is a natural propensity which will make him love one
sort of arguments more then another. What can be more indifferent then to
see two dogges fight? and yet no man sees their cruelty, but he wishes better
to one then to another: and although no opinions are so very even, yet if they
were, the man hath an <hi>acquisite,</hi> or else a <hi>natural biass,</hi> or something of con<g ref="char:EOLhyphen"/>tingency
that will determine him: and if the conscience remains undetermi<g ref="char:EOLhyphen"/>ned,
so that he may not, or dare not venture upon either part, it is certainly a
disease, or a direct infirmity. And because such persons can doe nothing at
all till their <hi>doubtful</hi> is changed into a <hi>probable conscience,</hi> this discourse must re<g ref="char:EOLhyphen"/>late
to that <hi>conscience</hi> that is <hi>probable,</hi> though in compliance with the usual ways
of speaking, I have placed it here.</p>
                     <p>1. The Rule therefore is to be understood to be <hi>good advice,</hi>
                        <note place="margin">2.</note> but not <hi>ne<g ref="char:EOLhyphen"/>cessary</hi>
in all cases. For when the contrary opinion is the more <hi>probable,</hi> and this
<pb n="181" facs="tcp:58903:119"/>
the more <hi>safe,</hi> to doe this is a prudent compliance, either with a <hi>timorous</hi> or
with <hi>an ignorant conscience;</hi> it is always an effect of <hi>piety,</hi> and a <hi>strong will</hi> to
good, but very often an effect of <hi>a weak understanding,;</hi> that is, such an one
which is inclined to scruple, and dares not trust the truth of his proposition,
or God with his soul in the pursuance of it. And indeed sometimes there is in
this some little suspicion of the event of things which must needs reflect upon
the goodness of God, under whom we fancy we cannot be <hi>so safe by pursuing
that rule and guide</hi> that he hath given us, that is, the best reason, and the fairest
inducement, <hi>as we may be by relying upon the sureness of the matter.</hi> Indeed we our
selves are so wholly immerged in matter that we are conducted by it, and
its relations in very many things: But we may as well rely upon <hi>formalities</hi>
and <hi>spiritual securities</hi> (if we understood them) as upon the <hi>material;</hi> and it
is as safe to rely upon the <hi>surer side of reason</hi> as upon <hi>the surer side of the thing.</hi>
Now that which is the <hi>more probable</hi> hath the same advantage in constituting
a conscience <hi>formally safe,</hi> as the other <hi>less probable</hi> but <hi>surer side</hi> hath for the
making the conscience <hi>safe materially.</hi>
                     </p>
                     <p>2. If the <hi>conscience</hi> be <hi>probable,</hi>
                        <note place="margin">3.</note> and so evenly weighed that the determina<g ref="char:EOLhyphen"/>nation
on either side is <hi>difficult,</hi> then the safer side is ordinarily to be chosen,
because that helps to outweigh and determine the scale; that is, when reason
and the proper motives of the question are not sufficient to determine it, let
auxiliaries be taken from without, and if the conscience be not made <hi>securer</hi> by
its <hi>rule,</hi> let it be made <hi>safe</hi> by the <hi>material.</hi> It is just as the building of an house
If the Architect be not wise and knowing how to secure the fabrick by rule
of art, and advantages of complication, and the contexture of parts, let him
support it with pillars great and massy; for if the other be wanting, these
will sustain the roof sure enough, but with some rudeness in the thing, and
imperfection in the whole.</p>
                     <p>3. If to that which is the <hi>surer side</hi> there be a great inconvenience con<g ref="char:EOLhyphen"/>sequent,<note place="margin">4.</note>
the avoiding of that inconvenience being laid on the opposite even
part, will outweigh the consideration of the safety. <hi>Quintus Milo</hi> commands
his servant <hi>Anfidius</hi> whom he had taken for the teaching Grammar and Rhe<g ref="char:EOLhyphen"/>torick
to his children, that he would learn the Trade of a Shoo-maker. <hi>An<g ref="char:EOLhyphen"/>fidius</hi>
doubts whether his Master <hi>Q. Milo</hi> hath power to command him to doe
that which was no part of the imployment for which he was entertained, and
yet because the thing is of it self lawful and honest, he considers it is the
safest course for him to obey, for certainly in so doing he sins not; and thus
farre he is bound, and was in the right. But if to learn that mean Trade will
dishonour and disable him, make him a fool and contemptible, and ruine his
hopes and his interests when he leaves the service of <hi>Milo,</hi> the servant is not tied
to follow that which is more safe, but that which is more charitable and pru<g ref="char:EOLhyphen"/>dent;
<hi>In dubiis juris tutior pars sequenda est, &amp; obedire teneor, si commodè possim,</hi>
was the rule: because the reason abstractedly considered makes the question
safe on either side, as the determination happens; and the avoiding an intole<g ref="char:EOLhyphen"/>rable
inconvenience is as considerable as the accidental security, and in many
cases more complying with <hi>charity,</hi> because in a question in which the <hi>conscience</hi>
is <hi>probable</hi> there is a great safety without <hi>taking in</hi> the advantage of a <hi>safe mat<g ref="char:EOLhyphen"/>ter,</hi>
by the <hi>proper efficacy</hi> and <hi>influence</hi> of the reason making a <hi>probable</hi> and an
<hi>honest conscience;</hi> but then when the safety is provided for fairly otherways,
and for the most part <hi>sufficiently,</hi> and the <hi>inconvenience</hi> on the other side is
not provided for; in all such cases we must leave that which is <hi>materially sure,</hi>
                        <pb n="182" facs="tcp:58903:120"/>
for the choice of that which in its <hi>formality</hi> is <hi>equally sure,</hi> and in its matter
more <hi>charitable.</hi> A little child came to my door for alms, of whom I was
told he was run from his Mothers house and his own honest imployment; but
in his wandring he was almost starv'd: I found that if I releeved him, he
would not return to his Mother, if I did not releeve him, he would not be
able. I considered that indeed his souls interests were more to be regarded
and secured then his body, and his sin rather to be prevented then his sickness,
and therefore not to releeve him seem'd at first the greater charity. But when
I weighed against these considerations, that his sin is <hi>uncertain,</hi> and <hi>future,</hi> and
<hi>arbitrary,</hi> but his need is <hi>certain,</hi> and <hi>present,</hi> and <hi>natural;</hi> that he may choose
whether he will sin or no, but cannot in the present case choose whether he will
perish or no; that if he be not releeved he dies in his sin, but many things may
intervene to reform his vicious inclination; that the natural necessity is ex<g ref="char:EOLhyphen"/>treme,
but that he will sin is no way necessary, and hath in it no degrees of un<g ref="char:EOLhyphen"/>avoidable
necessity; and above all, that if he abuses my releef to evil purpo<g ref="char:EOLhyphen"/>ses
which I intended not, it is <hi>his</hi> fault, <hi>not mine,</hi> but the question being con<g ref="char:EOLhyphen"/>cerding
<hi>my duty</hi> not <hi>his,</hi> and that to releeve him is <hi>my duty</hi> and not <hi>his,</hi> and that
therefore if I doe not releeve him, the sin is also <hi>mine</hi> and <hi>not his;</hi> and that by
bidding of him to doe his duty I acquit my self on one side, but by bidding
him to be warm and fed, I cannot be acquitted on the other, I took that side
which was at least equally sure and certainly more charitable.</p>
                     <p>This also happens in the matter of <hi>justice</hi> very often. It is the surer side
in many cases to restore,<note place="margin">5.</note> and is a testimony of an honest minde, that to secure
its eternal interest, will quit the temporal. But if to restore will undoe a man,
and the case is indifferent, or at least probable that he is not bound, then it is
not necessary to restore, though to restore be the surer side; and if the inte<g ref="char:EOLhyphen"/>rest
of a third person, as of wife, or children, be also involved in the question,
then the inquiring person is bound not to restore. Because in the present case
there is a certain uncharitableness, and but an uncertain justice, that is, a duty
certainly omitted, for the securing of another that is not certain.</p>
                     <p>4. When the <hi>more probable</hi> is also <hi>the more safe,</hi>
                        <note place="margin">6.</note> there is no question but
<hi>the safer is to be chosen.</hi> For so, the conscience is made the more sure both <hi>ma<g ref="char:EOLhyphen"/>terially</hi>
and <hi>formally;</hi> that is, by the better reason, and the more advantageous
matter, and he that does otherwise, exposes himself to an evident danger of
sinning, having nothing to out ballance either the <hi>direct reason,</hi> or the <hi>acciden<g ref="char:EOLhyphen"/>tal
safety.</hi>
                     </p>
                     <p>5. Sometimes it happens that what is safe in one regard,<note place="margin">7.</note> is dangerous in
another, and on each side of the probability there is a danger and a safety.
<hi>Vittoria Columbina</hi> a <hi>Venetian</hi> Lady was married to five Magnifico's succes<g ref="char:EOLhyphen"/>sively;
and they all being dead, and she left very rich, young, and tempted to
a sixth marriage, advises with her Confessor whether or no she may lawfully
doe it? he tels her that it is not onely probable, but certain that she may;
but it were better if she kept her Widdowhood, and after so much sense of
mortality retire to Religion. But that he may determine her case with more
certainty she tels him, she had once resolved with her self to live a Widow,
but finds she shall not be free from temptation in that state, and desires him to
tell her if she may lawfully marry, notwithstanding that resolution, which
now to be something altered, he perceives by her question. * He answers,
that it is the surest course to determine for chastity and abstinence, her state
of Widowhood being more certainly pleasing then the other. But then she
<pb n="183" facs="tcp:58903:120"/>
hints her temptation, and asks if some sure course is not to be taken for her
being secured in that point too? * This arrests his thoughts upon a new
consideration, but the result is this:</p>
                     <p>1. When there are two securities to be provided for,<note place="margin">8.</note> one of the thing,
and the other of the person; that of the person is first to be provided for. It is
the <hi>safer part of the question</hi> to determine on the side of chastity, or virginity, or
widdowhood, but this may be the <hi>unsafer side to the person,</hi> who if he suffers
temptation is to be provided for by that answer which gives him remedy and
ease.</p>
                     <p>2. But if it happens that there is danger on either side to the person,<note place="margin">9.</note> that
is the surer side which provides against that temptation which is strongest and
most imminent, and which if it prevails is of the worst consequence.</p>
                     <p>3. This is also to be understood in those cases when temporal life is of<g ref="char:EOLhyphen"/>fered
in question against the danger of a sin.<note place="margin">10.</note> 
                        <hi>Michael Verinus</hi> a yong Gentleman
of <hi>Spain,</hi> by reason of his living a single life was press'd with so great inconve<g ref="char:EOLhyphen"/>nience
that he fell into a lingring and dangerous sickness. The Physicians ad<g ref="char:EOLhyphen"/>vise
him to use his remedy, though he be not married, and being it was in or<g ref="char:EOLhyphen"/>der
to his health, which was not else to be recovered, they presumed it law<g ref="char:EOLhyphen"/>ful,
or did not care whether it were or no, but however they advise him to it.
He doubts of it, and dares not be uncharitable and die for want of remedy, if
he might have it, and yet dares not commit an act of uncleanness; but finding
on either hand a sin threatning him, and if he flies from a Lion he meets a
Bear, or is told that a Bear is in the way: he at last flies from the evil beast
that stood before him, and chooses that way which was evidently the safest,
not to his health, but to his salvation; not to his body, but his soul, and chose
rather to die, then to doe that which he was certainly perswaded to be a sin, and
of the other he was not so sure.
<q>
                           <l>Sola Venus potuit lento succurrere morbo,</l>
                           <l>Nè se pollueret, malùit ille mori,</l>
                        </q>
In other things, the prudence of a guide must be his onely Rule.</p>
                     <p>The summe is this:</p>
                     <p>1. <hi>If the doubt be equal and the danger equal,</hi>
                        <note place="margin">11.</note> the doubt must be laid aside,
or there can be no action consequent: and for the danger, if you choose one,
you may choose either, for there is no difference; a dagger or a sword is all
one to him that must die by one.</p>
                     <p>2. <hi>If the doubt be unequal</hi> and <hi>the danger equal,</hi>
                        <note place="margin">12.</note> the resolution must be on
that side where there is the most confidence, that is, where the less cause of
doubting is apprehended; as if I have but enough to give one alms, and I see
two ready to perish, and I can releeve but one; the danger is equal, for <hi>pasce
fame morientem, si non pavisti, occidisti,</hi> said S. <hi>Ambrose,</hi> but one is my friend,
and the other is a stranger; in this case the doubt is unequal, and I ought to
preferre my friend.</p>
                     <p>3. <hi>If the danger be unequal,</hi>
                        <note place="margin">13.</note> 
                        <hi>and the doubt equal,</hi> the resolution must be
made in compliance with our safety. For there is nothing to weigh down <hi>in
the doubt,</hi> yet there is something to weigh down <hi>in th<gap reason="illegible" resp="#TECH" extent="1 letter">
                              <desc>•</desc>
                           </gap> 
                           <gap reason="illegible" resp="#TECH" extent="2 letters">
                              <desc>••</desc>
                           </gap>nger,</hi> and that is suf<g ref="char:EOLhyphen"/>ficient.</p>
                     <p>4. <hi>If the doubt be unequal,</hi>
                        <note place="margin">14.</note> 
                        <hi>and the danger unequal,</hi> there we must take the
least danger<g ref="char:punc">▪</g> though on the least side of the probability, because there can no
<pb n="184" facs="tcp:58903:121"/>
degree of sin be consented to; and therefore when by our own fault or infeli<g ref="char:EOLhyphen"/>city
we must be forced to fall upon one, we must take the less, by the same
reason for which we are to refuse all that we can. <hi>Maevius Caligarius</hi> a Ro<g ref="char:EOLhyphen"/>man
Gentleman and newly converted to Christianity, observes that his friend
<hi>Agricola</hi> was pursued by his enemies unto death, and was by them asked con<g ref="char:EOLhyphen"/>cerning
him whether he were in his house or no. He knew he was, but knows
also that if he confesses it he shall die. He doubts whether it be lawful to lie
to save his friends life or no, and cannot resolve whether it be or no, but in<g ref="char:EOLhyphen"/>clines
rather to think it is not lawful. But he considers if it be lawful, then
he is guilty of his friends death, who refused to save him at an innocent
charge. But if it be not lawful, he does but tell an officious lie, so long as the
doubt remains, he must rather venture upon an uncertain sin in the officious
lie, then the uncertain but greater sin of <hi>homicide.</hi> These are the cases in
which the danger is on both sides.</p>
                     <p>5. <hi>But if there be danger on one side onely,</hi>
                        <note place="margin">15.</note> and <hi>a doubt on both sides,</hi> there
is no question but that side is to be chosen where there is no danger; unless
the doubt on one side be contemptible and inconsiderable, and the other
not so.</p>
                  </div>
                  <div n="6" type="rule">
                     <head>RULE 6. It is lawful for the Conscience to proceed to action
against a doubt that is meerly speculative.</head>
                     <p>IN <hi>a sure Conscience</hi> the <hi>speculative</hi> and the <hi>practical</hi> are the same in certain
consequence,<note place="margin">1. Ci<gap reason="illegible" resp="#TECH" extent="1 letter">
                              <desc>•</desc>
                           </gap>p. 2. Rule 3.</note> as I have already proved in its own place; but in <hi>a doubting
Conscience</hi> the case is differing. For though it be <hi>ordinarily</hi> true here also that
he that doubts speculatively does also doubt practically; as if he doubts
concerning all usurarious contracts, whether it be lawful or no to use any, he
doubts also concerning this which himself uses, if it be usurarious. But be<g ref="char:EOLhyphen"/>cause
there may intervene a special case, and that which is true in general
may be altered in the particular, it may happen that he may be <hi>certain</hi> and
<hi>determined</hi> in the <hi>particular</hi> when he is not so in the general; that is, when
the case is special, by privilege, or exemption, or the ceasing of the reason, or
by any other special case he may think himself acquitted, when yet the action
is culpable in its <hi>whole kinde.</hi>
                     </p>
                     <p>But by a speculative doubt sometimes is meant not the general,<note place="margin">2.</note> but
the question abstracted from circumstances; and in this it sometimes hap<g ref="char:EOLhyphen"/>pens
that though the conscience doubt concerning the question, yet it does
not doubt concerning the practice. <hi>Titius</hi> is possessed of a field on which
he entred by inheritance, and wholly without fraud and violence; but yet
upon some supervening notices he afterwards doubts whether the field be his
own by a just title; but because he is informed by his Confessor and others
on whom he does and may rely, that possession is a collateral title, and that
what he so possesses h<gap reason="illegible" resp="#TECH" extent="2 letters">
                           <desc>••</desc>
                        </gap> may still dwell upon till it be certain that it is not his
own; he rests at quiet in his minde, because possession is stronger then his
doubt, though it cannot prevail against demonstration.</p>
                     <p>
                        <pb n="185" facs="tcp:58903:121"/>
                        <hi>Mary</hi> of <hi>Rhemes</hi> the wife of a Souldier is told by his Captain that her hus<g ref="char:EOLhyphen"/>band
was kill'd at the battel of <hi>Pavy;</hi>
                        <note place="margin">3.</note> after her year of mourning was expi<g ref="char:EOLhyphen"/>red
she marries again to a Citizen of <hi>Rhemes,</hi> and cohabites with him two
year; after which she is told that her first husband escaped to <hi>Tarentum,</hi> and
there lives in obscurity. Upon this she doubts whether the Citizen be really
her husband or no; yet living with him he demands her to pay her conjugal
duty, she inquires whether during this doubt she may or no; and is answered
affirmatively upon the same grounds: The Citizen is in possession of the mar<g ref="char:EOLhyphen"/>riage,
and this is not to be disturbed by <hi>a doubt,</hi> but by <hi>a certainty,</hi> especially
since the doubt is but a <hi>speculative doubt,</hi> not a <hi>practical.</hi> For it is no good argu<g ref="char:EOLhyphen"/>ment
to say, I doubt whether this man be my husband or no, therefore if I
consent to him I commit adultery; for the <hi>presumption</hi> lying upon the <hi>possessor,</hi>
though his <hi>title</hi> be dubious, yet his <hi>possession</hi> is not, and either of them both are
to have a portion in the effect, and therefore the <hi>certain possession</hi> in a <hi>dubious
title</hi> is to be preferred before <hi>a dubious title without possession,</hi> and therefore this
kinde of doubt ought not to hinder the effect of the present duty. For in this
case it is not true; The <hi>antecedent</hi> is <hi>doubtful,</hi> therefore so is the <hi>consequent.</hi> Fo<gap reason="illegible" resp="#TECH" extent="1 letter">
                           <desc>•</desc>
                        </gap>
as out of falshood truth may come, so out of <hi>doubts</hi> may come <hi>certainty.</hi> I see
a great way off <hi>Father Grimaldi</hi> moving his lips; I suppose he is disputing,
whom yet I was told not to be alive. I argue thus: <hi>He disputes, therefore he is
not dead.</hi> The <hi>consequent</hi> is certain, but the <hi>antecedent doubtful;</hi> so it is in the
present case. I doubt whether this woman be and ought to be my wife, but
because she is legally so and so reputed and in possession, I doe inferre that
therefore I must pay my duty to her, till it be certain that she is not my wife.
For though I <hi>doubt</hi> of the person <hi>whether or no she be my wife,</hi> yet I am <hi>certain,</hi>
or I may be certain of this, that <hi>he that approaches to her who is in possession of
marriage may doe it lawfully; he onely does fornicate who approaches to her of whom
I am certain that she is not my wife.</hi> But if of this proposition also I doubt, the
doubt is <hi>practical,</hi> and I may not doe it, till by some means the doubt be re<g ref="char:EOLhyphen"/>solved
or laid aside. But so long as it is a question <hi>speculative,</hi> the action may
be determinate and lawful, and introduced upon many accounts.</p>
                     <p>For the fuller manifestation of which secret,<note place="margin">4.</note> because it is of great con<g ref="char:EOLhyphen"/>cernment,
and hath influence upon the conscience in many great actions and
entercourse of humane society, it is remarkable that we cannot argue thus;
This man is not <hi>bonae fidei possessor,</hi> a possessor by a just faith, therefore he pos<g ref="char:EOLhyphen"/>sesses
it <hi>malâ fide,</hi> by an unjust: So neither does this follow, This man pos<g ref="char:EOLhyphen"/>sesses
it not with an evil faith, therefore he possesses it with a good faith. It
does neither way follow <hi>negatively.</hi> But this consequence is good; He is a
possessor by a good faith, therefore he does not possess it by an evil. Or, he is
a possessor by an evil faith, therefore he does not possess it by a good; it fol<g ref="char:EOLhyphen"/>lows
either way <hi>affirmatively.</hi> The reason of the difference is this; If it be
good it cannot be bad, and if it be bad it cannot be good; if it be one, it can<g ref="char:EOLhyphen"/>not
be the other, but it may happen that it may be neither good nor bad, for
there is a <hi>medium</hi> or a third between good and bad faith or honesty of posses<g ref="char:EOLhyphen"/>sion;
and this consists in a speculative doubt, by which the possessor doubts
whether that which is in his hands be in his right, or belongs to him or to ano<g ref="char:EOLhyphen"/>ther;
and that he who so doubts hath neither good nor bad faith is expressed
by the gloss in <hi>l.</hi> 1. <hi>C. de acq. poss. gl. in l.</hi> 2. <hi>ff. pro solut. &amp; gl. in l.</hi> 3. §. <hi>gene<g ref="char:EOLhyphen"/>ralitèr
ff. de acq. poss.</hi>
                     </p>
                     <p>The consequent of which is this,<note place="margin">5.</note> That because that he who so doubts is not
<hi>bonae fidei possessor,</hi> therefore he cannot from thence begin to prescribe or to ac<g ref="char:EOLhyphen"/>quire
<pb n="186" facs="tcp:58903:122"/>
a just title, because of the rule of the Law, <hi>Quod ab initio non valuit, pro<g ref="char:EOLhyphen"/>gressu
temporis valere non debet,</hi> and it cannot by time get strength to walk which
enters into the world without feet; now the doubting conscience is but a lame
supporter. But yet because such a conscience which onely hath this speculative
doubt is not <hi>malae fidei possessor,</hi> therefore he may lawfully still retain the posses<g ref="char:EOLhyphen"/>sion
till the contrary be evicted.</p>
                     <p>There is this onely to be added, that although prescription or other ways
of just title cannot begin with a doubting conscience, yet if it entred with a
throughly perswaded conscience, it may goe on though it be disquieted by a
supervening doubt. The reason is, because it having lawful Parents of its birth
and first production, cannot be kill'd and destroyed by a suit at Law, it began
well, and therefore had just principles of its progression; and whatsoever hath
the first advantage of <hi>just</hi> and <hi>reasonable,</hi> is always to be so presum'd till the
contrary be proved; a doubt therefore may make the man unquiet, and tie
him to inquire, but cannot interrupt the possession or the beginning and grow<g ref="char:EOLhyphen"/>ing
title. Besides the reason, this sentence is confirm'd by the concurring te<g ref="char:EOLhyphen"/>stimonies
of <hi>Bartolus, Imola, Sylvester, Felinus, Balbus,</hi> and <hi>Johannes Hanni<g ref="char:EOLhyphen"/>bal,</hi>
under their titles <hi>de praescriptionibus &amp; usucapionibus.</hi>
                     </p>
                     <p>There are some accidental hardnesses to the conscience which are inno<g ref="char:EOLhyphen"/>cent,<note place="margin">6.</note>
and because besides the even measures of good and evil by <hi>lawful</hi>
                        <g ref="char:punc">▪</g> and
<hi>unlawful,</hi> there are some paths chalked out to us by <hi>necessities,</hi> by <hi>conveniences,</hi>
by <hi>presumptions,</hi> by <hi>securities,</hi> and other indefinite aims at things which can
sometimes weigh down the best of our imperfect conjectures in some obsure
cases, we may as well walk by the light of the starres, and better too, then to
walk qui<gap reason="illegible" resp="#TECH" extent="1 letter">
                           <desc>•</desc>
                        </gap>e in the dark; and not onely the Sun is appointed to rule the day, but
there are the Moon and the Stars to govern the night: plain and easy Rules
make a sure conscience, but the doubtful and the dark must be content with a
less light.</p>
                     <p>For,<note place="margin">7.</note> unlearned men are oftentimes beset with the arguments of a talking
man, which they cannot answer, but create a speculative doubt, and such as
destroys all the <hi>certainty of evidence</hi> which they had; but if they should not
stick to their own conclusion in despight of all the objections, by a <hi>certainty of
adhesion,</hi> they might be disturbed in every thing, and confident in nothing, and
might if they met with a Heretick be fool'd out of their Religion, and quit the
most material parts of their beleef. And even the learned have in many ar<g ref="char:EOLhyphen"/>ticles
a presumptive assent to their propositions; and if they be made to doubt
in their understanding by the opposition of an adversary, <hi>they are not instantly
to change their practice, but to inquire further.</hi> For if after every such doubting
their practice must be insecure or criminal, they might be forc'd to a lightness
greater then that of the Egyptian Priests: and some men can beleeve well,
and dispute ill, but yet their faith must not change at the argument of every
Sophister. In these cases the practice is made secure by a <hi>collateral light,</hi> and
he is defended from change by <hi>reputation,</hi> and <hi>custome,</hi> by <hi>fear of scandal,</hi> and
the <hi>tie of Laws,</hi> and by many other indirect instruments of determination,
which although they <hi>cannot out-wit the crntrary arguments,</hi> yet they ought to
<hi>outweigh the doubt,</hi> and guide the will, and rule the conscience in such cases.</p>
                     <p>There is <hi>nothing but a weak man may doubt of,</hi>
                        <note place="margin">8.</note> but if he be well, he must not
change his foot, till it be made certain to him that he is deceived; let him con<g ref="char:EOLhyphen"/>sider
what he please, and determine at leisure; let him be swift to hear, but
slow to speak, and slower yet in declaring by his action and changed course,
<pb n="187" facs="tcp:58903:122"/>
that his doubt hath prevailed upon him. I knew a Scholler once who was a
man of a quick apprehension, and easy to receive an objection, who when he
read the Romane Doctors was very much of their opinion, and as much against
them when he read their adversaries, but kept himself to the Religion of his
Country, concerning which at all times he remembred that there were rare
arguments and answers respectively, though he could not then think upon
them. * There are temptations of faith and opinion, and they are to be resi<g ref="char:EOLhyphen"/>sted
sometimes by indirect ways of proceeding, and artifices of the spirit;
and sometimes men in sickness are afflicted with doubting and trembling con<g ref="char:EOLhyphen"/>sciences,
but yet are supported onely with general remembrances, they consi<g ref="char:EOLhyphen"/>der
that there are comforts, and excellent promises, and instruments of hope,
and wise and holy sayings by which they were nursed up to that height of
strength, that they are now able to fight in the dark: If the speculative
doubting conscience should always prevail in practice, the ignorant might be
abused and miserable <hi>in all things,</hi> and the learned <hi>in most.</hi>
                     </p>
                  </div>
                  <div n="7" type="rule">
                     <head>RULE 7. Every dictate and judgement of the Conscience,
though it be little and less material, is sufficient
and may be made use of for the deposition of a
doubt.</head>
                     <p>EVery little reason is not sufficient to guide the will,<note place="margin">1.</note> or to make an honest
or a probable Conscience, as I have proved in the foregoing Chapter<note n="*" place="margin">Rule 7.</note>;
but in a doubting conscience, that is, where there are seemingly great reasons
of either side, and the conscience not able to determine between them, but
hangs like a needle between two load-stones, and can goe to neither, because it
equally inclines to both; there it is, that any little dictate that can come on one
side and turn the scale is to be admitted to <hi>counsel</hi> and to <hi>action;</hi> for a <hi>doubt</hi> is
a disease in <hi>conscience,</hi> like an <hi>irresolution</hi> in <hi>action,</hi> and is therefore to be remo<g ref="char:EOLhyphen"/>ved
at any just rate, and any excuse taken rather then have it permitted. For
even to wash in <hi>Jordan</hi> may cure <hi>a leprosy,</hi> and a glass of wine may ease the
infirmities of the stomack and he is too ceremonious in the matter of life and
death, that stands upon puntilio's with nature, and will not be cured but by
rich medicines. For in <hi>a doubting conscience</hi> the immediate cure is not <hi>to choose
right,</hi> that is the remedy in an <hi>erring conscience;</hi> but when the disease or evil, is
<hi>doubting,</hi> or <hi>suspension,</hi> the remedy is <hi>determination;</hi> and to effect this, whatso<g ref="char:EOLhyphen"/>ever
is sufficient may be chosen and used.</p>
                     <p>Every conscience that proceeds <hi>probably,</hi>
                        <note place="margin">2.</note> proceeds <hi>honestly,</hi> unless by a
greater <hi>probability</hi> it be engaged against the less; now to make a conscience
that is <hi>probable,</hi> yet even more probable, a little advantage is sufficient; which
is to be understood with these cautions:</p>
                     <p>1. When the <hi>doubt is equal</hi> and the <hi>danger alike</hi> on either side,<note place="margin">3.</note> then a smal<g ref="char:EOLhyphen"/>ler
supersaetation of argument will doe the work, that is, <hi>cure the doubting;</hi>
for though a little argument is not alone a ground for the action of a wise man,
yet a little overplus of reason will take off this calamity of <hi>irresolution</hi> and <hi>tre<g ref="char:EOLhyphen"/>pidation;</hi>
                        <pb n="188" facs="tcp:58903:123"/>
it is not enough to out weigh any danger, but it can with the por<g ref="char:EOLhyphen"/>tion
of the equal measures which stand on its own side, by its little weight
cast the ballance.</p>
                     <p>2. This is not so easily to be admitted when the judgement of the man is
discernably and perceivably little and not to be trusted,<note place="margin">4.</note> for then the super<g ref="char:EOLhyphen"/>addition
that is made by him to any part of the doubt may be as wholly incon<g ref="char:EOLhyphen"/>siderable
as the doubt it self is troublesome; and though this may make the
doubt to be laid aside, as it will also determine such a man in the whole tra<g ref="char:EOLhyphen"/>verse
of the question, yet it is the worst remedy of the <hi>doubt,</hi> and an insufficient
introduction of the <hi>probability.</hi> In this case the doubt is to be laid aside by the
advice and authority of some person fit to lead him, rather then by the con<g ref="char:EOLhyphen"/>fidence
of his own little superadded impertinency. For indeed it is not good
to have the sacredness of a conscience governed by weakness and contin<g ref="char:EOLhyphen"/>gency.</p>
                     <p>3. When the doubting person is inconstant,<note place="margin">5.</note> let him not speedily act
what he lightly determines by the sudden intervening humor; for <hi>he that chan<g ref="char:EOLhyphen"/>ges
quickly, judges lightly, but fancies strongly, and acts passionately, and repents
speedily and often;</hi> therefore let such a man when he perceives his own infirmity
stop at the gates of action, lest the laying down one doubt, multiply many,
and he become more miserable in his <hi>remedy</hi> then in his <hi>sickness.</hi>
                     </p>
                     <p>In pursuance of this Rule it is to be taken care of that <hi>fear</hi> be not mis<g ref="char:EOLhyphen"/>taken
for <hi>doubt;</hi> for there is oftentimes a doubt no where but in the Will, and
the more slender and weak the judgement is, oftentimes the fear is greater;
and sometimes they fear because they fear, and not because they have reason;
when therefore the doubt does not rely upon such a reason as can be formed
into an argument and discourse, but is an <hi>unreasonable trouble,</hi> and <hi>an infinite
nothing;</hi> the <hi>doubt</hi> ought directly to be laid aside, for it is <hi>no way considerable,</hi>
but onely that it <hi>is a considerable trouble.</hi>
                     </p>
                  </div>
                  <div n="8" type="rule">
                     <head>RULE 8. VVhen two precepts contrary to each other meet to<g ref="char:EOLhyphen"/>gether
about the same question, that is to be pre<g ref="char:EOLhyphen"/>ferred
which binds most.</head>
                     <p>THIS Rule we learn from the eighth Councel of <hi>Toledo,</hi>
                        <note place="margin">1.</note> 
                        <hi>Ubi periculi neces<g ref="char:EOLhyphen"/>sitas
compulerit,</hi>
                        <note place="margin">Concil. T<gap reason="illegible" resp="#TECH" extent="1 letter">
                              <desc>•</desc>
                           </gap>le<gap reason="illegible" resp="#TECH" extent="1 letter">
                              <desc>•</desc>
                           </gap>. 8 Can 2. temp. Martini P.</note> 
                        <hi>id debemus resolvere quod minori nexu noscitur obligari. Quid
autem ex his levius, quídve sit gravius, pietatis acumine investigemus.</hi> The
Councel instances in the keeping wicked oaths and promises, where though the
instance be mistaken, and that in the matter of wicked promises the case is not
perplexed, and it is no sin to break them, but a sin to keep them; yet upon
supposition that the conscience is doubtful whether it be lawful to break them,
and whether it be lawful to keep them, and fears a sin on either side, the Coun<g ref="char:EOLhyphen"/>cel
hath given a right answer, the evil that is least is to be chosen. <hi>Etenim dum
perjurare compellimur, creatorem quidem offendimus, sed nos tantummodo macula<g ref="char:EOLhyphen"/>mus.
Cùm verò noxia promissa complemus, &amp; Dei jussa superbè contemnimus, &amp;
proximis impiâ crudelitate nocemus, &amp; nos ipsos crudeliori gladio trucidamus.</hi> 
                        <q>He
that having sworn to doe an evil turn breaks his oath, offends God by put<g ref="char:EOLhyphen"/>ting
<pb n="189" facs="tcp:58903:123"/>
his name to a lie and a villany, and he pollutes his own soul: But he
that keeps his oath when he hath so sworn, despises the Commandements of
God, and hurts his neighbour with an impious cruelty, and destroys him<g ref="char:EOLhyphen"/>self
with a worse.</q>] On this side therefore there being the more and
worse evils then on the other, we must decline furthest from this. For if all
evil is to be avoided, then all degrees of evil are; and when we cannot avoid
as much as we should, we must avoid as much as we can. We must choose
none directly, but when we are forced upon some by our own infelicity or
fault, it is the best remedy for the Gangrene that we lose our arm or legge, and
he that is in the fatal necessity, no otherwise can be permitted to choose a sin,
then he is supposed to be desirous to be cut of the stone, when upon any terms
he resolves he never will or can endure the torments of the disease. The great
reason of this rule is that which was given by <hi>Aristotle,</hi>
                        <note place="margin">Lib. 5. cap. <gap reason="illegible" resp="#TECH" extent="1 letter">
                              <desc>•</desc>
                           </gap>. Ethic.</note> 
                        <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>,
the less evil in
respect of the greater evil is to be accounted good; because the less evil is ra<g ref="char:EOLhyphen"/>ther
to he chosen then the greater; and what is in any sense eligible is in some
sense good, and that which is more eligible is a greater good.</p>
                     <p>But it seems something harder to inquire concerning this case when it re<g ref="char:EOLhyphen"/>lates
to others:<note place="margin">2.</note> for so it uses to be asked;</p>
                     <p>
                        <hi>Quest.</hi>
                     </p>
                     <p>WHether it be lawful to advise, to counsel, to petition, to determine, to
make use of the doubt of another, or his necessity, or perplexity, and
to call upon him to doe that which is a sin? The case is this; <hi>Pollio</hi> an intem<g ref="char:EOLhyphen"/>perate
and wanton young man falls into adulteries and unnatural lusts; his
friend <hi>Publius Asinius</hi> advises him, <hi>not so,</hi> but if he will not leave his vileness,
better it is to satisfy his lust by single fornication, and the less harmful com<g ref="char:EOLhyphen"/>plications:
<q>
                           <l>Et quas Euphrates, &amp; quas mihi mittit Orontes</l>
                           <l>Me capiant, nolo furta pudica thori.</l>
                        </q>
whether or no <hi>Publius</hi> does well or no in giving this advice, is the question?
The reasons of doubting are these: * Because he that advises evil is guilty of
the sin which he procures; and he that any way consents or induces another
to sin, shall be partner in the punishment.</p>
                     <p>To this answer,<note place="margin">3.</note> That in the whole entercourse there are to be conside<g ref="char:EOLhyphen"/>red
the <hi>formal sin,</hi> the <hi>material part</hi> of the action, and the <hi>degrees of the obli<g ref="char:EOLhyphen"/>quity.</hi>
The <hi>formal</hi> part, or the <hi>sinfulness</hi> cannot, must not be countenanced, or
assisted at all, <hi>directly</hi> or <hi>indirectly;</hi> and in the present case it is so farre from
being countenanced, that it is reduced to as little a proportion as it can, as
near to a destruction as the present necessity or perplexity will permit, and it
is out of hatred to the obliquity or sinfulness that this lesser way is propoun<g ref="char:EOLhyphen"/>ded.
<hi>Pilate</hi> seeing the Jews resolved to doe a spight to the holy and most in<g ref="char:EOLhyphen"/>nocent
Jesus, propounded to them a lesser way then murdering him; <hi>I will
scourge him, and let him goe. Pilates</hi> conscience was not perplexed, though his
interest was, and therefore there was no necessity for him to doe either, and
neither ought he to have <hi>propounded</hi> the lesser evil, which it may be themselves
did not design: indeed if they were resolved to doe one, he might have per<g ref="char:EOLhyphen"/>swaded
the less, <hi>not absolutely</hi> (for nothing could have made that lawful) but
<hi>comparatively,</hi> that is, rather that then the other, if ye will doe one.</p>
                     <p>
                        <pb n="190" facs="tcp:58903:124"/>
2. But for the material part of the action,<note place="margin">4.</note> if it be already prepared, and
the malice known and declared, it is lawful to propound a less instance of the
sin without perswading to it; which is to be understood with these cautions:</p>
                     <p>1. That it be onely with a purpose of hindring a greater.</p>
                     <p>2. When the lesser cannot be hindred, but at least so much must be done
by way of redemption. As if <hi>Caius</hi> resolves to ravish a Matron to satisfy his
lust, it is lawful to divert his lust upon a common prostitute, who sells her
soul for bread; because her malice is always ready and watches for an oppor<g ref="char:EOLhyphen"/>tunity,
and sins no less if she wants opportunity which she thirsts after<g ref="char:punc">▪</g>
                     </p>
                     <p>3. That it be ever without the prejudice of a third person: As if one of the
<hi>Banditi</hi> intends to kill one man, and this happens to be offered to a publick
and a brave man, it is not lawful to point out his sword to the striking of a
meaner person to save the other, because though in respect of the effect it be a
less evil, yet it is a direct uncharitableness to a third, which can receive no
warrant or legitimation by the intention of the propounder; for although
he intends that a less evil be done for the publick, yet he intends a greater evil
to the particular.</p>
                     <p>4. That it be in a case certainly known where the malice is apparent and de<g ref="char:EOLhyphen"/>clared,
and the matter prepared: for thus we see that God who sees the hearts
of men, diverts their prepared malice upon some special matter which serves
the ends of his providence, and verifies the prophecies of God, and so brings
his designs to effect, and a certain event by contingent or voluntary instru<g ref="char:EOLhyphen"/>ments.
But we may no further imitate this, then we can attain to little por<g ref="char:EOLhyphen"/>tions
of the knowledge of mens private and particular purposes.</p>
                     <p>3. But as for the degrees of the obliquity or irregularity,<note place="margin">5.</note> it is certain,
none is to be <hi>perswaded</hi> or <hi>assisted directly,</hi> but <hi>suffered in the whole,</hi> and <hi>perswa<g ref="char:EOLhyphen"/>ded</hi>
in the instance by way of remedy against the greater and more intolerable.
Thus <hi>Moses</hi> permitted divorces, that the Jews might not commit open and
frequent adulteries, or kill their wives when they grew weary of them. Thus
an inconvenience is suffered rather then a mischief shall be introduced: and
some fooleries and weak usages are suffered in some Churches, rather then by
reforming them, make the ignorant people think all Religion is indifferent:
and if all the people of the Greek Church did perceive that any of their old
customes were fit to be rescinded, they would upon the same easiness quit
their whole Religion and turn Turks. And though an error is not to be per<g ref="char:EOLhyphen"/>mitted
in any Church when it can be peaceably amended, and when it cannot
it is, as often as it can be, peaceably to be discouraged; yet when the necessity
is great, and the evil <hi>feared</hi> is <hi>certain,</hi> and <hi>felt</hi> and is <hi>intolerable;</hi> it is a sad ne<g ref="char:EOLhyphen"/>cessity,
but no man can help it, and therefore it must be as it may, the lesser er<g ref="char:EOLhyphen"/>ror
is to be endured till it can be remedied, with a remedy that is not worse
then the disease.</p>
                     <p>
                        <hi>Quest.</hi>
                     </p>
                     <p>UPon this occasion,<note place="margin">6.</note> and for the reducing the Rule to practice, and to regu<g ref="char:EOLhyphen"/>late
a case which now adays happens too frequently; it is not amiss to in<g ref="char:EOLhyphen"/>quire
concerning the necessities of women married to adulterous and morose
vile-natur'd husbands; Whether it be lawful for a wife out of a desire to live
with some degree of a tolerable comfort, to connive at her husbands stollen
pleasures, and to permit him quietly to enjoy his folly? and what is a wo<g ref="char:EOLhyphen"/>mans
duty, and what were her most prudent course, and manner of deport<g ref="char:EOLhyphen"/>ment?</p>
                     <p>
                        <pb n="191" facs="tcp:58903:124"/>
Some of great reputation in the Church of God both of old and later
times put a speedy period to this inquiry,<note place="margin">7.</note> and absolutely condemne it as un<g ref="char:EOLhyphen"/>lawful
for a man or woman to live with their husband or wife respectively, if
either of them be notoriously guilty of adultery. Of this opinion was S. <hi>Hierom,</hi>
                        <note place="margin">In 19. Matth.</note>
saying <hi>that a man is sub maledictione si adulteram retineat,</hi> he is under a curse if he
retains an adulteress in his embraces.<note place="margin">Caus. 32. <gap reason="illegible" resp="#TECH" extent="1 letter">
                              <desc>•</desc>
                           </gap>. c. Sicut.</note> And S. <hi>Chrysostom; Sicut crudelis &amp; in<g ref="char:EOLhyphen"/>iquus
est qui castam dimittit, sic fatuus &amp; iniquus qui retinet meretricem. Patro<g ref="char:EOLhyphen"/>nus
enim turpitudinis est qui celat crimen Uxoris.</hi> As he is cruel and unjust who
puts a chast wise from him, so he is unjust and a fool that keeps a harlot. For
he is a Patron of his wives turpitude. who conceals his wives adultery. And
this they prove out of <hi>Solomon; Qui tenet adulteram stultus est;</hi>
                        <note place="margin">Prov. 28. 21.</note> almost the
words which S. <hi>Chrysostom</hi> uses. He is a fool that keeps an adulteress: <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>
it is in the Greek LXX. <hi>He is an ungodly man.</hi> And of the same opinion was
<hi>Bucer</hi> in the last age, who for his opinion brings two arguments which are not
contemptible. The first is taken from <hi>Deuter.</hi> 24. 4. where God enjoyns that
if a man puts away his wife, he must at no hand receive her again, <hi>quia ipsa pol<g ref="char:EOLhyphen"/>luta
est,</hi> she is defiled, meaning if any man else hath lien with her: and if this
be a good reason, it will conclude stronger, that if she have committed adulte<g ref="char:EOLhyphen"/>ry,
she may not be entertained because in that case she is much more polluted,
and where the reason of the Commandement does intervene, there also the
obligation does goe along. But the other is yet more considerable; For if
God commanded that the adulteress should be stoned to death, certainly he
much rather intended she should be turn'd out of doors. * To which I adde
this consideration; That since an adulterer is made one flesh with the Harlot
with whom he mingles impure embraces, it follows that he hath dissolved the
union which he had with his wife, or she with her husband; for he cannot be
one with his wife, and one with the Harlot, and yet he be one in himself and
they two, for that is a perfect contradiction; for that which is one with two,
is not one but two. Now for a woman to lie with a man, or a man with a
woman, between whom there is not a just and legitimate union, seems to be
an unjust and illegitimate uniting, and therefore it cannot be lawful to lie with
an adulterer who is one with an Harlot.</p>
                     <p>Before I come to the resolution of the Question,<note place="margin">8.</note> I must describe how much
these arguments doe prove and inferre; because though they doe not prove
so much as their Contrivers doe intend, yet they doe something towards the
whole Question. 1. The words of S. <hi>Hierome</hi> inferre nothing but this, That
to live with a Harlot is a great calamity and a horrible curse, and it cannot in<g ref="char:EOLhyphen"/>deed
tend towards a blessing, or end well, or be at all endured, if it be not in<g ref="char:EOLhyphen"/>tended
to purposes beyond the proper effect of that calamity. He that is smit<g ref="char:EOLhyphen"/>ten
with a leprosy, or he that is hanged upon a tree is accursed; but if the le<g ref="char:EOLhyphen"/>prosy
makes a man run to God or to Christ, or the man that dies upon a tree
does confess and glorify God, and by his death intends to doe so, the Leper
shall be presented pure before the throne of Grace, and he that hangs upon the
tree does die with Christ, and shall reign with him for ever. 2. And the de<g ref="char:EOLhyphen"/>sign
expressed in the words of S. <hi>Chrysostome</hi> doe verify this commentary upon
the words of S. <hi>Hierome.</hi> For S. <hi>Chrysostome</hi> charging not onely infelicity (as
the other does) but folly and cruelty upon him who retains a Harlot; gives this
reason, because he is a Patron of his wives turpitude if he conceals it; meaning
it, if he conceals it out of carelesness and positive neglect, or which is worse,
out of interest, or base designs: All wise and good men in the world condemn
the fact of <hi>Cato,</hi> who did lend his wife <hi>Martia,</hi> a virtuous and a chast Matron
<pb n="192" facs="tcp:58903:125"/>
to his friend <hi>Hortensius:</hi> He that conceals his wives crime with an unwilling<g ref="char:EOLhyphen"/>ness
to reform it, or a pleasure in the sin, or the fruits of it, is his wives betrayer
and murderer; nay, he is an adulterer to his own wife. But these words can<g ref="char:EOLhyphen"/>not
be true in all cases, for he that conceals her shame, lest the discovery should
make her impudent and harden her face, he is no patron of the sin, but a care<g ref="char:EOLhyphen"/>ful
guardian watching lest she should commit a worse. And this also is the
meaning of the words of <hi>Solomon;</hi> for although they are not at all in our Bi<g ref="char:EOLhyphen"/>bles,
because they are not found in the Hebrew text, yet the words which are
found in the Greek LXX. and in the Vulgar Latin, and which were certainly
in the Bibles which S. <hi>Hierome</hi> and S. <hi>Chrysostome</hi> did use, and which were the
cause and original of their opinion, have in them this sense; That as he who
expels a good woman thrusts good from his house, so he that does not thrust
an evil woman thence, an adulteress, he is a fool; meaning if he connives at
her wickedness, or unless he have somthing to sweeten the sufferance, or some
pious purposes to sanctify his action. But if it were absolutely unlawful, then
the adulteress were a person of a desperate fortune, irremediable and irrecove<g ref="char:EOLhyphen"/>rable,
uncapable of mercy, or repentance; or if she were, yet her husbands
charity and forgiveness might by no means be instrumental to it; and yet
S. <hi>Paul</hi> in a case that was extremely bad, even in the case of infidelity, <hi>Quî
scis mulier an virum sis lucratura?</hi> What knowest thou O woman whether
thou mayest gain thy husband? * But the arguments of <hi>Bucer</hi> being intended
directly against the lawfulness of retaining an adulteress, or living with an adul<g ref="char:EOLhyphen"/>terous
husband, are to have distinct answers. For although where a comman<g ref="char:EOLhyphen"/>dement
is given with a reason, where ever the same reason is, it does not always
follow that there is the same obligation, because although God is sometimes
pleased to give a reason for the precept, yet the reason did not binde without
the precept, but the precept does binde without a reason, which demonstrates
that the obligation proceeds wholly from the authority of God, and not from
the reason (as I intend to shew more largely in its proper place) yet besides
this I say, the reason is not rightly rendred in the usual Translations: <hi>Non po<g ref="char:EOLhyphen"/>terit
prior maritus recipere, quia polluta est;</hi> The first husband may not receive
her, because she is defiled: for the words in the Hebrew are <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>
which doe not signify [because she is polluted, but <hi>quia facta est polluere se,</hi>
because she is made to defile her self;] meaning that because her first husband
had thrust her out and offered her to be humbled by him that would, he being
the cause of that pollution hath lost all right to her, and the privilege of resti<g ref="char:EOLhyphen"/>tution:
and then this case refers not to a simple adultery, but to him who be<g ref="char:EOLhyphen"/>trays
or exposes his wife to adultery; &amp; indeed such a person might not in <hi>Moses</hi>
Law receive her again: and this was the case of <hi>Cato</hi> and <hi>Socrates</hi> who were
very free in lending their wives, as a man lends an utensil. As for the case of
lapidation, it is true, the woman if she were legally convicted was to die; but
the husband was not bound to accuse her, he might pardon her if he pleased,
and conceal the fact; he might pardon her for his share as Christ did the wo<g ref="char:EOLhyphen"/>man
taken in adultery; or put her away privately as <hi>Joseph</hi> upon a mistake
intended to doe to the blessed Virgin Mother: but that it is therefore unlaw<g ref="char:EOLhyphen"/>ful
to retain her whom his soul loves, whom he would fain convert, whom he
desires and hopes to reform, or that God did intend the good man should not
use any of his charity and kindness to any such purpose is not at all to be con<g ref="char:EOLhyphen"/>cluded
by these arguments. Now as to the last, the adulterous man is one
with the Harlot, but this union is not a natural union, but a spiritual and legal,
as appears by the effect of second and third marriages; for one person can no
more be one naturally with two or three successively, then he can be one with
<pb n="193" facs="tcp:58903:125"/>
many at one time; and when the Patriarchs were married to divers women at
once, they were not naturally one with them all, but legally they were; that
is, they were conjoyned in holy bands, and were to very many purposes to be
reckoned but as one. <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>,
said <hi>Clemens.</hi> They were one person by union of affection, they had one bed,
one purse, one interest, community of children, communication of bodies,
equal rights, as to the power of marriage, the same band of duty, tied by the
same mystery. Now he or she that commits adultery breaks this union, and
divides or imparts some of the rights due to each other to an impure person,
and they become one flesh in an impure mixture. Now because he or she that
first breaks this union loses their own right by invading or giving away ano<g ref="char:EOLhyphen"/>thers,
therefore the offending person may be put away and refused in their pe<g ref="char:EOLhyphen"/>tition
of right, which they have lost by doing wrong. But the adultery hath
not so united the offending persons, but that the union can, and may better be
broke, and the erring party reduced to his rule and to his right. For it is but
a legal, and it is a spiritual or intellectual union, which is to be done not by
material but by moral instruments which can eternally return, and be effective
when they doe. The way then being thus farre made straight, I answer;</p>
                     <p>That it is not onely lawful,<note place="margin">9.</note> but may have in it great piety and great cha<g ref="char:EOLhyphen"/>rity
for a woman still to cohabite with an adulterous husband. The lawfulness
appears, in that there is no prohibition by a Divine Commandement, no na<g ref="char:EOLhyphen"/>tural
uncleanness in it; and this appears as all other negative pretences can,
even by evacuating the pretences made to the contrary. Of this opinion was
S. <hi>Basil,</hi> who also made a Canon for it, and commanded it to be done in his
Church, as appears in his Epistle to <hi>Amphilochius</hi> 1. <hi>Can.</hi> 9. <hi>&amp;</hi> 21. The same
also was the sentence of S.<note place="margin">Lib. 3.</note> 
                        <hi>Austin</hi> to <hi>Pollentius,</hi> and in his Book <hi>de adulterinis
conjugiis:</hi> and of P. <hi>Pelagius</hi> in his Epistle to <hi>Melleus</hi> his Subdeacon. But they
it seems went against the general stream, for they were not onely forc'd to dis<g ref="char:EOLhyphen"/>pute
it, but also to limit the question and the permission. For <hi>David</hi> received
his wife <hi>Michol</hi> who had liv'd with another man; and S. <hi>Paul</hi> advises the wife
to be reconciled to her husband; and Christ forgave the woman taken in adul<g ref="char:EOLhyphen"/>tery,
and God not onely is ready to forgive, but calls and invites his Church
to return to his love though she hath been an adulteress, and committed forni<g ref="char:EOLhyphen"/>cation
against him: but therefore so may a man, but it ought onely to be done
in case the sinning person does repent: onely S. <hi>Basil</hi> is for the living still with
the adulterer though he wallow in his sin; but does not think it fit the man
should be tied to doe so to his adulterous wife. That he or she respectively
may if they will still live with the sinning person, needs no other proof but
this, that the innocent being also the injured person may forgive the injury
done to them; and that it may have in it great piety and great charity is cer<g ref="char:EOLhyphen"/>tain
upon the same account on which it can be piety and charity to suffer inju<g ref="char:EOLhyphen"/>ries,
to be patient, to have a long-suffering spirit, to exhort, to intreat, to bring
the sinner to repentance, to convert a soul, to save a sinner from the evil of his
way. But this is to be practiced with the following measures and cautions:</p>
                     <p>1. The innocent person must not be bound to doe this,<note place="margin">10.</note> because the union
being dissolved, the criminal hath lost his right, and therefore if the other use
their liberty, they doe no wrong; and although it may be good charity in many
instances to doe it, yet because there is no direct obligation in any, and there
may be great uncharitableness to ones self as the case may happen, no ones li<g ref="char:EOLhyphen"/>berty
<pb n="194" facs="tcp:58903:126"/>
is to be prejudiced in this particular, but they are to be exhorted to all
instances of charity; ever remembring that saying of God by the Prophet,
<hi>The Lord God of Israel saith,</hi>
                        <note place="margin">M<gap reason="illegible" resp="#TECH" extent="3 letters">
                              <desc>•••</desc>
                           </gap>h 2. 16.</note> 
                        <hi>he hateth putting away.</hi>
                     </p>
                     <p>2.<note place="margin">11.</note> The innocent person may lawfully retain the criminal, though he or she
have no other end or purpose in it, but the love of the person, or the retaining
of their own rights temporal, or any other thing that is in it self honest and
lawful: and the reason is, because the fault of the one is not to prejudice the
other; and it is misery enough to be injured in their direct relation, and not
that this injury compel them to receive another. If <hi>Titius</hi> be an adulterer, his
wife <hi>Caia</hi> hath not lost her power over his body, or her interest in his family
or fortune.</p>
                     <p>3.<note place="margin">12.</note> This is to last as long as there is any hopes of repentance, and the re<g ref="char:EOLhyphen"/>pentance
is to be procured and endevoured by all direct means, and by all the
indirect means which are ministred to the innocent person by the power and
advantages which his or her innocence gives over the guiltiness of the other:
Such as are, reproving his fault, denying conjugal rights, delating the person,
bringing him or her to private shame, procuring reproof from spiritual superi<g ref="char:EOLhyphen"/>ors,
or natural relatives, and indeed any thing that can be prudent, and by
which the offender can be made better, and will not be made worse.</p>
                     <p>4.<note place="margin">13.</note> If there be no hopes of repentance, yet still the innocent person may
use their own right, not onely because there may be possibilities and real con<g ref="char:EOLhyphen"/>sequent
events when we have no hopes; and S. <hi>Pauls</hi> question, <hi>Quî scis ô mu<g ref="char:EOLhyphen"/>lier?
how knowest thou O woman whether thou shalt gain thy husband?</hi> may still
have place, not onely I say for this reason, but for the foregoing; the innocent
person does not lose his or her right, and therefore may still possess what other<g ref="char:EOLhyphen"/>wise
she might quit; and his incontinence does not oblige her to be exposed to
the danger of a <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap> or ustulation, nor to be reproached with the noises
of divorce, nor offered to an actual poverty, or dereliction, or to become an
actual widow before death.</p>
                     <p>5.<note place="margin">14.</note> If the retaining the adulteress be actually scandalous, the Church in
that case hath been more restrained in her permission, and hath commanded
the innocent person to put the offending woman away: and therefore the Fa<g ref="char:EOLhyphen"/>thers
in the Councel of <hi>Eliberis</hi> refused to give the Communion to a Clergy
man even at the last,<note place="margin">C. 6<gap reason="illegible" resp="#TECH" extent="1 letter">
                              <desc>•</desc>
                           </gap>.</note> if he did not <hi>statim projicere</hi> instantly expel from his house
his wife whom he knew to commit adultery: And in the Councel of <hi>Neo-Cae<g ref="char:EOLhyphen"/>sarea</hi>
he was to be deposed from his dignity in the same case;<note place="margin">C. 8.</note> the reason is gi<g ref="char:EOLhyphen"/>ven
by the Councel of <hi>Eliberis, Nè ab his, qui exemplum bonae conversationis esse
debent, videantur magisteria scelerum procedere;</hi> lest their houses which ought to
be the examples of piety and chastity, become the precedents and warranty
of uncleanness. This is nothing else but a pursuance of the Canon Apostoli<g ref="char:EOLhyphen"/>cal,
requiring that Bishops and Deacons should be such who rule their own
houses well;<note place="margin">1 Tim. 3. 4<g ref="char:punc">▪</g> 5.</note> for if they cannot doe that, it is not easy to be supposed they can
well rule the Church of God: and though a good man may have an evil wife,
and such a one whom no prudence can govern; yet if she be an adulteress, he
can put her away, though he cannot govern her: and indeed all such reproa<g ref="char:EOLhyphen"/>ches
ought to be infinitely removed from the houses of those, whose lives and
whose Governments ought to be exemplar. <hi>Oportet suspicionem abesse à Cae<g ref="char:EOLhyphen"/>saris
domo.</hi> Princes and Prelates ought not to have any thing under their
roof so nearly relating to them, that can justly be suspected. But this is mat<g ref="char:EOLhyphen"/>ter
<pb n="195" facs="tcp:58903:126"/>
of decency and fittingness, not of indispensable necessity.</p>
                     <p>6.<note place="margin">15.</note> The innocent person must not directly by any compliance, cohabita<g ref="char:EOLhyphen"/>tion,
or indulgence give countenance or incouragement to the impurity or
crimes of the offending relative, for nothing can make it tolerable or lawful to
promote a sin, or any ways directly to cooperate toward it. This is a <hi>species
lenocinii,</hi> a being a bawd to the uncleanness of that person whom with our lives
we ought to rescue from that damnation if we could. And therefore if the wo<g ref="char:EOLhyphen"/>man
finds her husband grow worse by her toleration and sufferance, she is to
goe off from it by such degrees as are on this side the extreme remedy, which
I reckoned before in the third caution; and if nothing else hinder, it is not
onely excusable, but hugely charitable, and in a very great degree commen<g ref="char:EOLhyphen"/>dable
to be divorc'd. For she uses her own power, and therefore sins not, and
does it when nothing else can prevail, and therefore she is not rash, or light and
inquisitive after new relations, and she does it that she may not patronize or
increase his sin, and therefore is charitable to his better interest.</p>
                     <p>7.<note place="margin">16.</note> But if his or her compliance and cohabitation does accidentally make
the offending party worse, yet if it be besides the intention, and against the pur<g ref="char:EOLhyphen"/>pose,
and contrary to the endevours of the innocent; he or she in that case
is not tied to relinquish their right and their advantages in the present posses<g ref="char:EOLhyphen"/>sion
or cohabitation. 1. Because concerning accidental events, against which
we labour, no man is to give account. 2. Because of this accidental event,
the offending person is the onely author, and the innocent is not to suffer for
his sin. 3. If the innocent person were tied to depart, then it were at any time
in the power of the adulterer or adulteress to be divorced from the innocent,
because he growing worse by the others being good can oblige the other to
quit him of the burden which he hates. 4. Because to depart in that case is
no remedy. Because he that is vile, may grow worse by contrary causes; and
as wicked men are made presumptuous by mercies, and hardned by judge<g ref="char:EOLhyphen"/>ments,
and whether they be punished or not punished, from both they take
occasion to persevere, so may an adulterer, or an adulteress, by being sweetly
used, or by being harshly. All that can be of duty and necessity in this case,
is that the innocent person with all prudent advice and caution doe not by any
direct act incourage the crime, or connive at it when it can be help'd, or com<g ref="char:EOLhyphen"/>mend
it when it cannot, or refuse to use any fair or any just instrument of cu<g ref="char:EOLhyphen"/>ring
the leper; and for the rest, let them pray earnestly, frequently, humbly,
and leave the event to God. It is lawful to permit or suffer an evil whith I can<g ref="char:EOLhyphen"/>not
help, and by that permission retain my own rights, or prevent my own
wrongs; but it is at no hand lawful for any interest spiritual or temporal to doe
an evil, or to set it directly forward.</p>
                     <p>Thus some Common-wealths permit fornication and publick stews,<note place="margin">17.</note> to
pre<gap reason="illegible" resp="#TECH" extent="3 letters">
                           <desc>•••</desc>
                        </gap>t the horrid consequents of the lusts of their young men, which when
they cannot cure, they seek to lessen and divert; and though there be in <hi>the
whole,</hi> many evil appendages, and a great fault in Government, and many evil
and avoidable necessities introduced or supposed; yet so farre as this intention
is considered, if it were not avoidable or remediable by the severity of Laws,
and the wisdome of discourses, and the excellencies of Religion, it were the
onely charity that were left, and an <hi>after game of Conscience</hi> and <hi>Religion;</hi> sad
and fatal to those whose folly inferres it, but all that is left that can be done
for God and for souls.</p>
                     <p>
                        <pb n="196" facs="tcp:58903:127"/>
But yet this thing in all the circumstances is not to be done at all, because
it is asnare to many who have no such necessities, who are otherwise curable,
who enter into the temptation, because it is made ready to their hand; and it
is a high scandal to the Laws and to the Religion of a Country, where such
vile nests of impurity are suffered; and the necessity is but phantastick, acci<g ref="char:EOLhyphen"/>dental,
and inferr'd by evil customes, or some secular interest, or weaker re<g ref="char:EOLhyphen"/>gard;
for there is no necessity that men must either debauch Matrons or be
fornicators; let them marry, for that is the remedy which God hath appoin<g ref="char:EOLhyphen"/>ted,
and he knows best how to satisfy and provide for all the needs of man<g ref="char:EOLhyphen"/>kinde.
But it is objected. The Laws of <hi>Italy</hi> forbid the younger brothers of
great families to marry. * That is it, which I said, men make necessities of their
own, and then finde ways to satisfy them which therefore cannot be warranted
by that necessity, because that necessity is of their own procuring, not from
God, nor for him. For this is the case; An evil is to be cured, and a greater
prevented; God hath appointed marriage for a remedy, the civil power forbids
it to some persons, who for want of that must fornicate, or doe worse. To
prevent the worse they provide them of opportunities of doing the less? But
what remedy is there for the less? That is not thought of; for marriage is in<g ref="char:EOLhyphen"/>convenient
to younger families; but it is very convenient for their souls, and
they also would be provided for, as being no contemptible interest. Here there<g ref="char:EOLhyphen"/>fore,
if they would alter the necessities which worldly interest introduced, if
they would preferre souls before the greatness of families, heaven before a Mar<g ref="char:EOLhyphen"/>quisate
in <hi>Sardinia,</hi> and would esteem it more honour to a house to have chastity
preserv'd rather then wealth and an intire inheritance, the weak pretences of
excuse for Stews would be hissed off from the face of all Christian Countries;
for if fornication be a remedy against unnatural lusts, it is just as being poyso<g ref="char:EOLhyphen"/>ned
is an antidote against hanging, but certainly there is a better: Innocence
or pardon will prevent it with more advantage, and so will marriage doe to the
worse evils of lust; unless no health is considerable which is not effected by a
Witch, and ease is to be despised if it be brought with a blessing. * But if
any one can pretend that marriage will not secure the <hi>Italians</hi> or hot <hi>Spaniards</hi>
from attempting intolerable vilenesses (besides that fornication will doe less,
as having in it no more of natural remedy, and not so much by way of blessing)
in this case, the wheel or the gallies, hard labour and the mines, the rods and
axes must pare off the luxury.</p>
                     <p>* This therefore is the result, as to this particular instance. In the que<g ref="char:EOLhyphen"/>stions
of greater or less uncleannesses, permissions are not to be made by pub<g ref="char:EOLhyphen"/>lick
authority, for the reasons before named: but there may be particular ne<g ref="char:EOLhyphen"/>cessities
in single instances which will run into present evil, for which no reme<g ref="char:EOLhyphen"/>dy
can be provided; and then it is lawful to divert the malice upon a less mat<g ref="char:EOLhyphen"/>ter,
when it cannot be taken off intirely: For thus righteous<note n="*" place="margin">S. Ambros. lib. 1. c. 6<g ref="char:punc">▪</g> de Pa<g ref="char:EOLhyphen"/>triarch. Abra<g ref="char:EOLhyphen"/>ham.</note> 
                        <hi>Lot</hi> offered his
daughters to the impure Sodomites, to redeem the strangers from the violation
intended them, and to hinder his Citizens from breaking the laws of <gap reason="illegible" resp="#TECH" extent="2 letters">
                           <desc>••</desc>
                        </gap>ture
and Hospitality, which (if they were not always) yet they were of greater ob<g ref="char:EOLhyphen"/>ligation
then the restraints of simple fornication. And to this purpose is that
of S. <hi>Chrysostome</hi> who to a man that is accustomed to swear, and cannot avoid
it,<note place="margin">Hom. 27. ad pop<g ref="char:punc">▪</g> Antio<g ref="char:EOLhyphen"/>chen.</note> advises that he should rather swear <hi>by his head</hi> then <hi>by God.</hi> I doe not, I
confess, like the instance, both because it is in some cases worse to swear by a
Creature then by the Creator; it is an honour done to him to swear by him,
though to doe it triflingly is such an honour done to him, as superstition is, an
honour that angers him; and 2. also because, he that can pretend his swearing to
be unavoidable, does say so, because he does swear when he cannot deliberate; &amp;
<pb n="197" facs="tcp:58903:127"/>
if he does not consider, he can never make use of his advice to doe one rather
then another; for no man can choose that cannot consider, but as for the
prime intention of the advice, that the least evil is to be chosen, or advised, it
is without question safe and prudent.</p>
                     <p>* Of the same purpose are these words of S.<note place="margin">L. 1 c. 15. de adulterin. con<g ref="char:EOLhyphen"/>jug.</note> 
                        <hi>Austin, Si decrevisti homicidi<g ref="char:EOLhyphen"/>um
aut adulterium facere, adulterium committe non homicidium.</hi> If thou wilt
murder or commit adultery, doe this, not that; that is, rather this then that.
But neither here am I pleased with the instance, because, when any man can
lawfully be diverted to a less sin, it must be <hi>in the same kinde;</hi> because the same
lust cannot be filled with a differing object; and if the temptation be such that
it can be taken off wholly from that Scene, and chang'd to a differing and dis<g ref="char:EOLhyphen"/>parate
matter, he can as well be turn'd to something that is innocent as to
some other distinct vice; that is, he may for all his temptation. From unna<g ref="char:EOLhyphen"/>tural
lusts to natural, from the greater kinde to the less, from adultery to for<g ref="char:EOLhyphen"/>nication,
from fornication to trifling amours, and Platonick fooleries; from
murder to a blow, from a blow to an angry word; these are proper diminu<g ref="char:EOLhyphen"/>tions
which are in a direct order to the retrenching of the sin: but from mur<g ref="char:EOLhyphen"/>der
to adultery a man is not to be diverted, because this is not a direct lesse<g ref="char:EOLhyphen"/>ning
of the degrees of sin, but a changing it into equal; or if it be not, yet
the malice is more <hi>extended,</hi> if not <hi>intended,</hi> and the man is directly tempted
to be a Devil upon a new score, for it must be a new malice that must change
him; but still, the advice is in its main design safe and innocent.</p>
                     <p>* But of the same minde is S.<note place="margin">L<gap reason="illegible" resp="#TECH" extent="1 letter">
                              <desc>•</desc>
                           </gap>b. 32. moral. <gap reason="illegible" resp="#TECH" extent="1 letter">
                              <desc>•</desc>
                           </gap>
                           <g ref="char:punc">▪</g> 18.</note> 
                        <hi>Gregory</hi> affirming it to be good advice that
when of two sins one must be chosen, that the least be it, but his proof of it
is not to be suffered; for so (saith he) for the avoiding fornication S. <hi>Pa<gap reason="illegible" resp="#TECH" extent="2 letters">
                              <desc>••</desc>
                           </gap>
                        </hi>
                        <g ref="char:punc">▪</g>
permits marriage; which saying of his without great violence to the words and
charity to the man can never be reconciled with the truth of Scriptures<g ref="char:punc">▪</g> the
honour of marriage, but as for the main advice it is well and agreeable to right
reason.</p>
                     <p>But besides the cautions already given num. 4.<note place="margin">19.</note> relating to the material
part of sin, the whole affair is to be conducted with these provisions:</p>
                     <p>1. No man may use this course,<note place="margin">20.</note> by ingaging in a present lesser evil, to seek
to prevent a greater that is to come: the reason is, because this is a securing of
evil, it is an assurance and a certain gain to the interest of sin, and this certainly
may outweigh the greater degree of an uncertain evil; and there are many
acts of providence which may intervene and prevent the future evil, which
therefore is not to be prevented by a present evil though less mischievous, be<g ref="char:EOLhyphen"/>cause
possibly it may be hindred at a cheaper rate; and no little evil is to be
done, but when either it self or a greater is unavoidable, which happens not
(for ought we know) in the present case; for before to morrow the man may
die, or his affections to sin may die, or he may be sick, or scar'd, and to put it
off as long as we can, is one kinde of diminution and lessening of the sin,
which is the thing here consulted of.</p>
                     <p>2. Care must be taken,<note place="margin">21.</note> that by this means no mans sin be promoted, no
mans eternal interest be lessened, no evil be done that we could not ought to
forbid and hinder; and that of this we have a moral certainty, or at least no
probable cause to doubt: The reason is, because if we put any mans soul to
hazard, by procuring a less damnation to an evil person, the evil we
<pb n="198" facs="tcp:58903:128"/>
doe is greater then our good; and we venture one mischief, for the venture or
hopes of lessening another. <hi>Quintus Milvius</hi> being in love with the wife of
<hi>Muraena,</hi> and she with him, <hi>Milvius</hi> resolves to kill his wife <hi>Virginia,</hi> and run
away with the wife of <hi>Muraena,</hi> or force her from him, he acquaints his freed
man <hi>Priscus Calvus</hi> with his purpose, but he to divert his purpose of murder
and adultery perswades his Patron <hi>Milvius</hi> rather to lie with <hi>Muraena</hi>'s rather to lie with <hi>Muraena</hi>'s wife now,
then to doe such things of hazard and evil voice, and dishonour: and his ad<g ref="char:EOLhyphen"/>vice
was charitable and prevailed; for though the adultery was future, yet the
intended murder was present, and the evil was lessened as much as it could,
and no man prejudiced, but the life of one sav'd. But if he beleeves that by this
act <hi>Virginia</hi> will be so exasperated that she will turn adulteress in revenge, or
kill her husband; this is not to be advised upon the foregoing reason. If a rich
Usurer refuses to give an alms to a strav'd person, he may be advised rather to
lend him some money upon interest, then suffer him to die for want of bread:
but if I beleeve, or probably suppose or suspect that another man will be con<g ref="char:EOLhyphen"/>firm'd
in the uncharitableness, and think because I advise him to this, he does
well in it, and will live and die in this opinion, then I may not at the charge of
another mans soul, doe the other wicked person that small advantage, which is
less then can countervail the other evil.</p>
                     <p>3. He that advises the lesser evil for the avoiding of a greater,<note place="margin">22.</note> must not
advise any thing so to serve his own <hi>interest</hi> or <hi>humor,</hi> as that he shall in any
sense be delighted with the evil, because so he becomes guilty of the others sin,
and then he cannot doe a thing <hi>lawfully,</hi> if it asperses him with guilt; and he
may not serve anothers need with his own evil joyes; and the interest of
souls is not set forward when one dies to make another less sick. But besides
this, the question here being whether it be lawful to advise a less evil for avoi<g ref="char:EOLhyphen"/>ding
of a greater, though it be affirm'd to be so, when it is wholly for the
avoiding the greater; yet it cannot be lawful to give such advice to serve my
own lower ends: Nothing but the <hi>former</hi> can legitimate such an advice,
and therefore this <hi>latter</hi> cannot.</p>
                     <p>4. No man must make use of this course <hi>himself;</hi>
                        <note place="margin">23.</note> for though it be lawful
to divert a greater evil by advising the less to others, yet I may not my self
choose a less, that I may not choose a greater; for if this could be lawful, it
would be in the power of any man to sin what sin he pleased, and to threaten
his conscience into a leave; for if he should resolve he would either kill the
father, or lie with the daughter; be <hi>unnatural</hi> in his <hi>lusts,</hi> or <hi>loose</hi> in his <hi>enter<g ref="char:EOLhyphen"/>tainments,</hi>
he might legitimate every lesser sin for fear of the greater. But
therefore it is certain, that <hi>when he can choose either, he must choose none,</hi> for no<g ref="char:EOLhyphen"/>thing
can make it lawful, <hi>directly</hi> to choose any, even the least evil. But when it
so happens that the conscience is doubtful and perplex'd, and that in this sad
conjunction of evil and weak thoughts, it seems unavoidable but that one
must be chosen, we may then incline to that which hath least danger, and least
mischief. And this advice was given by the Chancellor of <hi>Paris: Si sub
electione proponuntur duo mala,</hi>
                        <note place="margin">G<gap reason="illegible" resp="#TECH" extent="1 letter">
                              <desc>•</desc>
                           </gap>rson tract. 8. in Magnif. num<g ref="char:punc">▪</g> 88. lit<g ref="char:punc">▪</g> F.</note> 
                        <hi>cave neutrum eligas: Nam in malis quid est eli<g ref="char:EOLhyphen"/>gendum?
At verò si culpâ nostrâ eò recidimus ut necesse sit alterum ex peccatis fieri,
minus est acceptandum; quia jam in comparatione deterioris, sortitur boni, secundum
quid, rationem.</hi> No sin is to be <hi>chosen</hi> when both can be avoided, but when they
cannot, the least is to be <hi>suffered.</hi> But when this comes to be another mans case
that he will not avoid both, though he sins in choosing any, yet he that advises
him rather to take the less does not sin. He that <hi>chooses the less, sins less,</hi> but
<pb n="199" facs="tcp:58903:128"/>
yet sins, because he should choose none at all; but <hi>he that advises him to choose
the less, sins not at all,</hi> because he hinders all sin as much as he can.</p>
                     <p>5. He that advises a less sin for the prevention of a greater,<note place="margin">24.</note> must see that
it be <hi>directly</hi> less, and <hi>certainly so;</hi> it must be in the same matter and kinde, and
in a less degree, because he can no other ways be certain that he hath done any
good at all, and may doe a greater evil. For in <hi>degrees of sin</hi> the case is clear
when the matter or instance is the same; but if it be <hi>specifically different,</hi> or in <hi>the
whole kinde,</hi> all question of degrees is infinitely uncertain, and therefore the
rule is not without danger practicable in such cases. But of this I have already
given some accounts in the fifth number of this Rule.</p>
                     <p>But because all this discourse relies upon this main ground,<note place="margin">25.</note> that <hi>the lesser
evil in respect of the greater hath the nature of good,</hi> and therefore is to be prefer<g ref="char:EOLhyphen"/>red;
or (which is all one) the avoiding of the greater evil is directly a good,
and the suffering the less evil is better then suffering the other, yet because it is
but <hi>comparatively good,</hi> it is <hi>positively evil;</hi> here it is to be inquired, Whether
this can be lawful, or is it not a prevaricating of the Apostles rule, That <hi>evil is
not to be done that good may come of it?</hi> and whether this may be done in any
case, and by what cautions it can be permitted or made legitimate? This in<g ref="char:EOLhyphen"/>quiry
hath great uses in the whole life of men, and therefore is not unwor<g ref="char:EOLhyphen"/>thy
a stricter search.</p>
                     <p>And first as to the present Rule,<note place="margin">26.</note> it is certain, that this permission is not a
doing evil that good may come of it: 1. Because no evil is at all permitted
when all can be avoided. 2. Because no man is to act this Rule in his own
person, upon whom he may and ought to have a power of perswasion and ef<g ref="char:EOLhyphen"/>fort
sufficient to cause himself to decline all evil. 3. It is onely permitted to
be advised to others by such persons who hate all sin, and have neither pleasure
nor interest in any. 4. It is not a giving leave to any sin, but an hindring as
much as can be hindred. It is not a doing any thing at all of kindness to any
thing but to the man. It is like that permission which the sons of <hi>Israel</hi> gave
to the remnant of the <hi>Canaanites,</hi> to live in the land because they could not de<g ref="char:EOLhyphen"/>stroy
them all. They kill'd as many as they could, and it was not kindness but
necessity that left those few alive. And the thing was not ill expressed by <hi>Pe<g ref="char:EOLhyphen"/>trarch,
Duobus aut pluribus ex malis minus malum eligendum esse non video,</hi>
                        <note place="margin">L. 5. epist. re<g ref="char:EOLhyphen"/>rum senilium.</note> 
                        <hi>cùm
minus malum haud dubiè malum sit, qualiter mali electio sit laudanda. Itaque re<g ref="char:EOLhyphen"/>ctiùs
dici reor, majora mala majori studio vitanda, ut si vitari cuncta non possunt,
minora faciliùs tolerentur, non electione, sed patientiâ, aequanimitate, modestiâ.</hi> Of
two evils the least is not to be chosen, since that the less evil is without all
doubt an evil. Thus therefore I suppose we ought to say; The greater evils
are with greater care to be avoided, that if all cannot be declined, the less may
be better tolerated, not <hi>by choice,</hi> but <hi>by patience.</hi> Now though it be not law<g ref="char:EOLhyphen"/>ful
to doe evil for a good end, yet it is lawful to suffer evil to avoid a greater,
and to make the best of it that we can;<note place="margin">Lib 3. Offic.</note> which was the counsel which <hi>Cicero</hi> says
he received from learned men, <hi>Non solùm ex malis minima oportere eligere, sed
etiam excerpere ex iis ipsis si quid inesset boni.</hi>
                     </p>
                     <p>But to the thing it self,<note place="margin">27.</note> there can be no dispute but that it is highly un<g ref="char:EOLhyphen"/>lawful
to doe evil for a good end; S. <hi>Pauls</hi> words are <hi>decretory</hi> and <hi>passionate</hi>
in the thing: He calls it <hi>slander,</hi> or <hi>blasphemy</hi> that they reported it of him that
he should say,<note place="margin">Rom. 3. 8.</note> 
                        <hi>It was lawful to doe evil that good might come of it;</hi> he also affirms
<pb n="200" facs="tcp:58903:129"/>
that though the greatness of the sins of the Jews or Gentiles did magnify the
greatness of the Divine mercy, yet they whose sins accidentally thus serv'd
the glorification of God, their damnation was just. Though this be clear
and certain, yet I doubt not but all the world does evil that good may come
of it; and though all men are of S. <hi>Pauls</hi> opinion, yet all men doe not blame
themselves when they doe against it. I will therefore first represent the mat<g ref="char:EOLhyphen"/>ters
of fact, and then consider of the allays or excuses to which men pretend
in their private accounts or publick answers, and so separate the certain from
the uncertain, and establish the proper measures of the proposition.</p>
                     <p>For first if we look in Scripture,<note place="margin">28.</note> we shall finde that divers eminently holy
have serv'd God by strange violences of fact, and for his glory have laid hold
upon instruments not fit to be handled, but such which would have cut the
hands of a Christian, if they had been drawn through them. <hi>David</hi> gave or<g ref="char:EOLhyphen"/>der
to <hi>Hushai</hi> to enrol himself in the rebel party, and to deal falsly with <hi>Abso<g ref="char:EOLhyphen"/>l<gap reason="illegible" resp="#TECH" extent="1 letter">
                              <desc>•</desc>
                           </gap>m,</hi>
that he might doe good to <hi>David;</hi> and indeed so doe all spies, which if
they were not necessary, would not be used in all Armies; and if they be, yet
they doe that which honest men would scruple at. *<note place="margin">1 Kings 18. 25<g ref="char:punc">▪</g>
                        </note> 
                        <hi>Elias</hi> the Prophet that
he might bring the people from idolatry, caused a sacrifice to <hi>Baal</hi> to be made,
and the idol to be invocated, which of it self was simply and absolutely evil;
and <hi>Jehu</hi> (though a much worse man) yet proclaimed an assembly for <hi>Baal,</hi>
and both of them did it that they might destroy the Priests of <hi>Baal,</hi> and disho<g ref="char:EOLhyphen"/>nour
the idol, and doe honour to God, and both did well: * and for ought
appears so did the ten men of <hi>Shechem</hi> who to redeem their lives from the fury
of <hi>Ishmael</hi> discovered the secret treasures of the Nation:<note place="margin">Jerem. 41.</note> * and amongst the
Christians some women, particularly <hi>Pelagia</hi> and her daughters have drowned
themselves to prevent the worse evil of being defloured. * And is it not
necessary in all Governments that by violence peace should be established, and
by great examples of an intolerable justice others should be made afraid. * For
so doe all Princes knowingly procure their rights by doing wrong; for in all
warres the innocent must suffer that the guilty may be punished: And besides
that all great examples have in them something of iniquity; it were not easy
to have discipline in private Governments, or coercitive power in Laws, if in
some cases some evil were not to be permitted to be done for the procuring
some good. For suppose <hi>Corippus</hi> hath an obstinate servant, so perverse that
like the sides of Elephants his very soul grows hard by stripes, and that <hi>Corip<g ref="char:EOLhyphen"/>pus</hi>
knows this, yet if he have other servants who will be corrupted by the im<g ref="char:EOLhyphen"/>punity
of this, he may, he must doe evil to the obstinate, and ruine his soul for
the preserving the others. * And indeed if we consider how sad, how into<g ref="char:EOLhyphen"/>lerable
an evil it is that a malefactor is snatch'd from his scene of evil and vile
actions, and hurried to hell with his sins about him; and that for the onely rea<g ref="char:EOLhyphen"/>son
of doing good to others, and preserving the publick interest, it will seem
necessary that this interest be preserved, and therefore that the other instru<g ref="char:EOLhyphen"/>ment
be imployed; * for it is natural enough that as truth comes from false<g ref="char:EOLhyphen"/>hood,
so should good from evil, it is not an <hi>accidental</hi> or <hi>contingent product,</hi> but
sometimes <hi>natural</hi> and <hi>proper;</hi> and as God brings good out of evil by his al<g ref="char:EOLhyphen"/>mighty
power, so doe good men by the nature of the thing; and then the in<g ref="char:EOLhyphen"/>termedial
evil to a wise and religious person is like unhandsome and ill tasted
physick, it is against nature in the taking and in its operating, but for the pre<g ref="char:EOLhyphen"/>servation
of nature in the effect and consequent; so are some evils against Re<g ref="char:EOLhyphen"/>ligion
but useful for its advancement. * And this very similitude supplies
many particulars of the same nature. For thus we make children vain-glori<g ref="char:EOLhyphen"/>ous
<pb n="201" facs="tcp:58903:129"/>
that they may love noble things; and who can govern prudently and
wisely that resolves never to be angry? and to be angry so as to doe the work
of government; though it be not bigger then the measures of the <hi>Governour,</hi>
yet they exceed the measures of the <hi>Man.</hi> * Thus for Physick it is affirmed
to be lawful for a man to be drunk:<note place="margin">Lib. 5. c. 1.</note> * And <hi>Cardinal Tolet</hi> allows of volun<g ref="char:EOLhyphen"/>tary
desires of <hi>pollution</hi> when without it we cannot have our health; and yet to
desire such pollution without such a good purpose is certainly criminal, and
if for the interest of health evil may be done, much more for Religion and ef<g ref="char:EOLhyphen"/>fects
of holiness. * But thus I said, it must happen in publick Governments:
The Christians that dwell in <hi>China, Japan,</hi> and in the <hi>Indies</hi> cannot transact
their affairs with the Heathens without oaths, and therefore they make them
swear by their own false gods, by the names of their idols and devils, which
onely they think binding, and neither could there be any security of faith to
Princes or to Subjects, that is, in the publick or private entercourse without it,
and yet without question as to swear by Devils and false Deities is a high
crime, to so require or to procure it is a great sin, and yet it is done for neces<g ref="char:EOLhyphen"/>sity.
The <hi>Romans</hi> would not trust the Jews that would swear by the <hi>Temple</hi>
of <hi>Jupiter:</hi>
                        <q>
                           <l>Ecce negas, jurásque mihi per Templa Tonantis,</l>
                           <l>Non credo, jura verpe per Anchialum.</l>
                        </q>
no trust was given unless they swore by the God whom they feared, and so it
is in the case of others; and what is necessary, it were very strange if it might
not be permitted. * And what else can be the meaning of dispensations, but
that a thing which is otherwise unlawful is made good by its ministring to a
good end; that is, it is lawful to doe evil, to break a Law, and leave is given
to doe so, when it is necessary, or when it is charitable. Upon this account it
is that prescription does transferre a right, and confirms the putative and presu<g ref="char:EOLhyphen"/>med,
in defiance of the legal and proper, and this is for no other reason but to
prevent uncertainties in title, and eternal contentions, which is a certain doing
injury to the right owner, that good may be procured, or evil prevented.
* When a man is in extreme necessity, the distinctions of dominion doe cease;
and when <hi>David</hi> and his Souldiers were hungry, they eat the Shew bread which
God forbad to all but the Priests; and so did the Apostles to satisfy their
hunger break the Sabbath by pulling and rubbing the ears of <gap reason="illegible" resp="#TECH" extent="1 letter">
                           <desc>•</desc>
                        </gap>orn; * and in
the defence of a mans own life it is lawful to kill another: which is certainly a
doing evil for a good end: and if it be said, that this is not a doing evil, be<g ref="char:EOLhyphen"/>cause
the end makes it not to be evil, this is a plain confessing the question
against the words of S. <hi>Paul;</hi> for if the good end makes that to be lawful,
which of it self without that end is unlawful, then we may conclude against
S. <hi>Paul,</hi> that it is good to doe evil that good may come; that is, it is ch<gap reason="illegible" resp="#TECH" extent="1 letter">
                           <desc>•</desc>
                        </gap>nged
by the end and by the design. * And upon an equal stock of necessity it is,
that all Princes think themselves excused, if by inferring a warre they goe
to lessen their growing neighbours; but this is a doing wrong to prevent a
mischief, as the birds in <hi>Plutarch,</hi> that beat the Cuckow for fear that in time
she should become a Hawk.<note place="margin">Lib. 6. appo<gap reason="illegible" resp="#TECH" extent="1 letter">
                              <desc>•</desc>
                           </gap>t<gap reason="illegible" resp="#TECH" extent="1 letter">
                              <desc>•</desc>
                           </gap>.</note> * And this is certain in the matters of omission,
though to omit a duty be simply evil, yet when it is necessary, it is also lawful,
and when it is charitable it is lawful: Thus <hi>religion</hi> yeelds to <hi>charity,</hi> and <hi>charity</hi>
to <hi>justice,</hi> and <hi>justice</hi> it self to <hi>necessity,</hi> and a man is not bound to pay his debts,
when to doe so will take from him his natural support. * And it is thus also
in commissions; who will not tell a harmless lie to save the life of his friend,
of his child, of himself, of a good and a brave man? and to govern children and
fools by saying false things, no man makes a scruple: and Physicians are com<g ref="char:EOLhyphen"/>mended
<pb n="202" facs="tcp:58903:130"/>
if with a witty lie they can cozen melancholick and hypochondriacal
men into a cure. Thus the man of <hi>Athens,</hi> who phansied if he should make
water he should drown the city, was cured by his Physicians ingenious fiction
that the city was on fire, and defiring him to quench it with his urine, lest wa<g ref="char:EOLhyphen"/>ter
should be wanting in that great necessity, struck his fancy luckily, and
prevailed upon him to doe that which no direct perswasion could effect. Thus
<hi>Hercules de Saxoniâ</hi> having committed to his charge a melancholick man, who
supposing himself to be the Prophet <hi>Elias</hi> would needs fast forty days, dress'd
a fellow like an Angel, who pretending that he brought him meat from hea<g ref="char:EOLhyphen"/>ven,
prevail'd upon him to receive both food and Physick. This lie was cha<g ref="char:EOLhyphen"/>ritable,
and if it was not therefore innocent, then some charity can be crimi<g ref="char:EOLhyphen"/>nal;
but if it was innocent, it was made so wholly by the good end, which
sanctified the evil instrument. * Thus also Judges exact oaths from contra<g ref="char:EOLhyphen"/>dicting
parts, though they know that one is perjured, but yet he proceeds by
such means to guess at truth, and satisfy the solemnities of Law. * And when
the Judges themselves are corrupt, we think it fit to give them bribes to make
them doe justice, who otherwise would for bribes doe injustice; and yet we
suppose we are no more to be reproved then they are who pay interest money
to the Usurers and Bankers whom yet themselves beleeve to sin. But bribery
is a sin, and bribery in a wrong cause is two or three; and therefore let the
cause be what it will, it is no way tolerable but that it is for a good end. * Thus
we venture into danger to serve worthy designs; some read heretical Books
to be able to confute them; and some venture into persecutions which they
could avoid, because they would not weaken the hands of such who cannot
avoid it; and yet to goe to danger is not safe, and therefore against charity,
and therefore sin, and yet it is for charity and faith even when it is against
one of them. * And last of all, all men doe, and they beleeve they may make
addresses to a Tyrant for justice, and though he sits on the Bench by wrong,
yet we stoop to his purple, and kiss his rods and axes when we desire to be de<g ref="char:EOLhyphen"/>fended
from the oppression of a lesser Tyrant; and if this be not a doing evil
that good may come of it, then it is no evil to make another doe an act of usur<g ref="char:EOLhyphen"/>ped
power, or to bend to a power which destroys that to which we are bound
by the <hi>oath of God.</hi>
                     </p>
                     <p>These instances I have not brought in opposition of the Apostles rule,<note place="margin">29.</note>
or that I think any man else pretends any of these in defiance of it, but to re<g ref="char:EOLhyphen"/>present
that either a great part of mankinde does it when they least think of
it, or that some things which seem evil are not so; and that I may describe
the measures of these things, and establish the case of Conscience upon its just
limits and rule.</p>
                     <p>1. Therefore it is to be observed,<note place="margin">30.</note> that the facts of men living under a
Law, are not to be measured by Laws of a differing Government, and there<g ref="char:EOLhyphen"/>fore
if the facts of worthy men were exemplary (of which in its proper place
I am to give accounts) yet the facts of Saints in the old Testament would not
be safe examples to us in the New; and therefore we may not doe that which
<hi>Hushai</hi> did, for he did well, that is, against nothing of the Law under which
he stood; but if the simplicity and ingenuity of our Law gives us other mea<g ref="char:EOLhyphen"/>sures;
the effect will be, that <hi>Hushai</hi> did not doe evil for a good end, but did
well to a good purpose. And as to the thing it self, it is very likely that it
is lawful to abuse his credulity, whose life I may lawfully take; the cautions
and limits of which permission belong not to this present inquiry.</p>
                     <p>
                        <pb n="203" facs="tcp:58903:130"/>
2. The rules of warre,<note place="margin">31.</note> and the measures of publick interest are not to be
estimated by private measures, and therefore because this is unlawful in private
entercourses, it must not be concluded to be evil in the publick. For humane
affairs are so intricate and intangled, our Rules so imperfect, so many necessi<g ref="char:EOLhyphen"/>ties
supervene, and our power is so limited, and our knowledge so little, and
our provisions so short sighted, that those things which are in private evils may
be publick goods: and therefore in this question, the evil and the good are to
be in the same kinde; <hi>a private evil</hi> is not to be done for the procuring of
<hi>a private good,</hi> but for <hi>a publick</hi> it may: not that <hi>evil</hi> may be done for any thing;
but that here it is <hi>not evil,</hi> when it is measured by the <hi>publick standard.</hi> For
since God is the fountain of Government, he also gives authority to all such
propositions which are necessary means of its support, not to all which pretend
to it, or which are inferr'd by folly or ambition, but which are really such.
Warre cannot be made as a man corrects his child, with even degrees of an<g ref="char:EOLhyphen"/>ger,
and a just number of stripes, and equalities of punishment both to the per<g ref="char:EOLhyphen"/>son
and to the offence; and Kings are in the place of God who strikes whole
Nations and Towns and Villages; and warre is the rod of God in the hands
of Princes, but the evils which are intermedial to the greater purposes of a just
warre are such which are unavoidable in themselves, and besides the intenti<g ref="char:EOLhyphen"/>ons
of good Kings; and therefore in such cases, though much evil is suffered
because it is unavoidable, yet none is done of choice, and that makes not
against the Rule. For,</p>
                     <p>3. In many of the instances objected,<note place="margin">32.</note> the evils which are the ways of
procuring good, are not evils in <hi>morality</hi> but in <hi>nature;</hi> and then it is lawful,
when there is no malice in the design, to prevent the sin, or to doe a good of<g ref="char:EOLhyphen"/>fice
by a shrewd turn. Thus I may pull my friend out of a pool by a strained
arm, and save his life by putting his arm out of joynt; and this is a doing evil
<hi>materially,</hi> with a pious purpose, that is without malice, and for a good end, and
that is innocent and charitable, when it is unavoidable, but it is not to be <hi>cho<g ref="char:EOLhyphen"/>sen,</hi>
and <hi>done with delight,</hi> or <hi>evil intent,</hi> or <hi>perfect election:</hi> to doe evil to a man
in this case is besides the mans intention, it is accidental also to the whole event,
it is not so much as giving unpleasing Physick, not so much as imposing cup<g ref="char:EOLhyphen"/>ping
glasses and using sacrifications; for this is voluntary and chosen for a
good end, because the good cannot else well be procured, and yet it is chosen
upon those terms by the Patient. Upon this account a man may give his life
for his friend, or wish himself dead; and S. <hi>Paul</hi> wish'd himself accursed for his
brethren, and <hi>Moses</hi> desired to be blotted out of the book of life in zeal for the
people of God; and yet all this is a very great charity, because though a man
<hi>may not doe evil,</hi> yet <hi>he may suffer evil</hi> for a good end; he may not <hi>procure</hi> it,
but he may <hi>undergoe it:</hi> and after all, the doing of a natural or physical evil
may be permitted when there is no motive but charity, for then it is in no sense
forbidden; sometimes necessary and unavoidable, but no ways evil or crimi<g ref="char:EOLhyphen"/>nal;
and if it be, it becomes so by accident, or by the intertexture of some
other ingredient.</p>
                     <p>4. When the evils are <hi>subordinate</hi> or <hi>relative,</hi>
                        <note place="margin">33.</note> the less may be done to pre<g ref="char:EOLhyphen"/>vent
the greater, though they be not in the same matter; as a child may be bea<g ref="char:EOLhyphen"/>ten
to prevent a sin, an offender smitten to make him diligent: for these acti<g ref="char:EOLhyphen"/>ons,
though they are in the accounts of evil things, yet have no intrinsecal
irregularity, but wholly depend upon the end; But because commonly evil
things are done to evil purposes, and with irregular measures, they have an ill
name, but they can be changed when the end is made straight, and the mea<g ref="char:EOLhyphen"/>sures
<pb n="204" facs="tcp:58903:131"/>
temperate. Every thing that is not intrinsecally evil, if it be directed to
a good end, is good, unless it be spoiled by some intervening accident.</p>
                     <p>5. Some things are evils <hi>properly</hi> and <hi>naturally,</hi>
                        <note place="margin">34.</note> some by accident, some by
our own faults, some by the faults of others. An action may be innocent as
from me, and yet a very great evil by the fault of others: A malefactor put
to death, it may be perishes eternally; if he does, it is his own fault, the Laws
are innocent when they smite him for the good of others; and th<gap reason="illegible" resp="#TECH" extent="1 letter">
                           <desc>•</desc>
                        </gap>s is not a
doing evil that good may come of it; for in things not essentially and unalte<g ref="char:EOLhyphen"/>rably
evil, good and evil are in relations, and though the smiting some sinners
produce a very evil effect, yet it is only to be imputed to its own cause: There is
a good and an evil in many things, &amp; God and the Devil have their share of the
thing, and so have several persons, according as they intend, and as they ope<g ref="char:EOLhyphen"/>rate:
and in this case, the Laws intend good, and doe that which is good, that
is, they punish a Malefactor, but of the accidental damnation, the sinner that
suffers onely, is the onely cause; and therefore in this, and many like cases
of publike transaction there is no evil done for a good end. Thus if any man
who is to take an oath be wicked and false, the Law may <hi>exact</hi> the oath because
that is good, but the Law it self may <hi>use</hi> a false oath if the man will swear it,
but then the falseness is the mans that swears, not the Laws that exacts it.
For to many products there are many <hi>concurrent causes,</hi> which are not <hi>in<g ref="char:EOLhyphen"/>tegral,</hi>
but have each their share; and when causes are not <hi>integral,</hi> the
portion of effect is to be applied onely by the intention of the agent, and the
proportion and order to the end: Indeed if the whole effect were to be im<g ref="char:EOLhyphen"/>puted
intirely to every concurring agent (as in murder every man is princi<g ref="char:EOLhyphen"/>pal
and integral) then in many of the fore alledged cases, evil were done for
a good end, but then it could not be lawful so to doe, but the actions are
therefore innocent to some agents, because they doe nothing of it but the
good share, that which they ought to doe; and that which spoils it, comes
in at another door.</p>
                     <p>6. Some Laws of God are such that their rectitude is so perfect,<note place="margin">35.</note> the ho<g ref="char:EOLhyphen"/>liness
so intire, the usefulness so universal, the instance so fitted for all cases,
and the Oeconomy of it so handsome and wise that it never interferes with any
other duty, is never complicated with contradicting matter, or cross interests;
now these are such which no case can alter, which no man may prevaricate, or
if they doe they are such which no measure can extenuate, which no end can
sanctify: and these are either Laws of general reason, and common sanction;
or spiritual instances, and abstracted from matter. Thus no man may bla<g ref="char:EOLhyphen"/>spheme
God at any time or for any end, or in any degree; and in these cases
it was rightly said in the objections, that if the end can change the instrument,
then it is not evil to doe any thing for a good end, because the end makes the
evil to be good. But then in other cases, where the instances are material, tied
up with the accidents of chance, made changeable by relations, tied in several
parts by several duties, fill'd with various capacities, there the good and the
evil are like colours of a doves neck, differing by several aspects and postures,
there abstractions are to be made, and separations of part from part, of capa<g ref="char:EOLhyphen"/>city
from capacity; and when every man provides concerning his share of in<g ref="char:EOLhyphen"/>fluence
into the effect all is well, and if one fails, it may be evil is done to the
whole production, but it is not imputed to them who took care of their own
proportions. * But in such kinds of actions, the limits and measures are ex<g ref="char:EOLhyphen"/>trinsecal
and accidental, and the goodness is not <hi>essential, natural,</hi> and <hi>original;</hi>
and therefore the whole receives variety by <hi>necessities,</hi> and by <hi>charity.</hi> For what<g ref="char:EOLhyphen"/>soever
<pb n="205" facs="tcp:58903:131"/>
can be necessary by a necessity of Gods making, that is lawful: and I
may serve any greater necessity by any thing that is less necessary, when both
necessities cannot be served. Thus <hi>Davids</hi> eating the Shew-bread, and the
Apostles eating corn on the Sabbath, serv'd a greater need then could have
been secur'd by superstitious or importune abstinence. In positive and tem<g ref="char:EOLhyphen"/>porary
commands there is no obligation but when they consist with higher du<g ref="char:EOLhyphen"/>ties;
<hi>Actus imperati unius virtutis non debent praejudicare actibus elicitis alterius.</hi>
The proper and natural actions of one virtue are ever to be preferr'd before
the instrumental acts of another. As an act of temperance must be preferr'd
before a posture in worshipping; charity before fasting, or before cere<g ref="char:EOLhyphen"/>monies:
that is, the more necessary before the less. It is more necessary
to save the life of a man, then to say my prayers at any one time, and therefore
I may leave my prayers in the midst, and run to save a man from drowning.
This is a thing which cannot stay, the other can. For in all such precepts of
affirmative duty, there is a secret condition annexed, and they oblige not when
they cross a negative. And it is certain there could be no usefulness of know<g ref="char:EOLhyphen"/>ing
the degrees of good or evil, if it were not for prelation and election of one
before another: To what purpose were it that we are told, <hi>Obedience is better
then sacrifice,</hi> but that we should neglect one and doe the other when both can<g ref="char:EOLhyphen"/>not
stand together? and this order of degrees is the full ground of dispensa<g ref="char:EOLhyphen"/>tions
when they can be allowed in divine Commandements: but in humane
dispensations there is another, even the want of foresight, the imperfection of
the Laws themselves which cannot provide for all cases before-hand, as Gods
Laws can; and therefore to dispense with a Subject in a humane Law is not a
doing evil for a good end; for to break an humane Law is not intrinsecally an
evil, though no express leave be given, as the case may happen: but when
leave is given, as it is in dispensations, then there is no evil at all. And some<g ref="char:EOLhyphen"/>thing
like this, is that other case of prescriptions, which does indeed transferre
a right from a right owner, as it may happen, but this is a doing good and not
evil, for it is a preferring a certain possession before an uncertain right; or it is
a doing a greater good, that is a prelation of a title which hath more evidence,
and publick advantage then the other. Besides, it is done by publick consent,
in which, because every particular is included, there is no evil done, but
much is prevented.</p>
                     <p>7. In actions the <hi>material part</hi> is to be distinguished from the <hi>formality,</hi>
                        <note place="margin">23.</note>
the <hi>work</hi> from the <hi>affection: That</hi> may be wholly <hi>indifferent,</hi> when <hi>this</hi> may be
wholly <hi>criminal.</hi> He that drinks till he vomits, by the Physicians advice, gives
none of his affection to the pleasure of any thing forbidden, he takes it as he
takes a potion or pills, which may have the same effect with drink. But when
the material part cannot be done without the sense of pleasure which is forbid<g ref="char:EOLhyphen"/>den,
then the end cannot sanctify it: and therefore although to drink much for
Physick may be lawful, yet pollution may not be desired for health, because
that cannot be done or suffered without an unlawful pleasure; and so also will
drinking for health become vicious, if in the acting of the material part, any
part of our affections be stolen away, and the pleasure of the excess be deligh<g ref="char:EOLhyphen"/>ted
in.</p>
                     <p>8. He that makes use of the matter of a sin already prepared to which he
gives no consent,<note place="margin">24.</note> and which he cannot help, does not doe evil for a good end.
Thus the Prophet called on the Priests of <hi>Baal</hi> to doe what they used to doe,
that they might never doe so again: He was no way the cause of a sin, but of
its circumstances and adjuncts, that it be done <hi>here</hi> and <hi>now,</hi> and this is not
<pb n="206" facs="tcp:58903:132"/>
against the Apostles rule; <hi>time</hi> and <hi>place</hi> are no sins, and make none unless <hi>fre<g ref="char:EOLhyphen"/>quency</hi>
be added to the <hi>time,</hi> and <hi>holiness</hi> to a <hi>place,</hi> and then they may adde de<g ref="char:EOLhyphen"/>grees
or new instances to the sin; but when neither of these is procured or
injured respectively, it is lawful to glorify God by using the prepared sin to
good purposes. When a Judge is ready to receive money upon any terms, out
of this evil we may bring good, and cause him to doe a good thing rather then
a bad; he does neither well, but that is his own fault; but to give money is a
thing indifferent, and to give it for that end which is good, makes it better: and
bribery is a word of an ill sound when it means an evil thing, but when it
means well we may finde a better word for it, or mean well by this: though
concerning the particular it is not amongst men esteemed certain that it is law<g ref="char:EOLhyphen"/>ful
to give money to a Judge: <hi>Sed si dedi</hi> (says <hi>Ulpian) ut secundum me in bonâ
causâ Judex pronunciaret, est quidem relatum condictioni locum esse: sed hic quoque
crimen contrahit. Judicem enim corrumpere videtur: &amp; non ita pridem Imperator
noster constituit litem eum perdere.</hi> Whether it be lawful or no is to be inquired
in another place; but as to the present inquiry, if it be lawful, I have accoun<g ref="char:EOLhyphen"/>ted
for it already; if it be not, it is not to be done, no not for justice sake.
For in this case we no way consent to the evil, but endevour to bring good out
of that evil which is already in being. Thus we run to a Tyrant power for
justice, he will govern whether we will or no, the sin will be acted and conti<g ref="char:EOLhyphen"/>nued
upon his own account; but when the evil matter is thus made ready, we
may reap as much <hi>good by it</hi> as we can bring <hi>out of it;</hi> and in this sense is that
true and applicable to the present which is urged in the objection, That as truth
may come from falshood, so may evil from good; when an ill gotten power is
apt either to justice or injustice, we may draw justice from it, and then we doe
good without cooperating to the evil: that is, we onely doe determine an
indifferent agent to the better part: The manner of getting the power is
wholly extrinsecal to the ministration of it: That is wholly the fault of the
Usurper, but this which is our own act is wholly innocent. If <hi>Nero</hi> sets <hi>Rome</hi>
on fire, I doe no hurt if I warm by the heat, and walk by the light of it; but
if I laugh at the flames, or give a fagot to it, I am guilty. And thus the Chri<g ref="char:EOLhyphen"/>stians
use the Heathens oaths for their own security; the oath is good, and so
farre it is desired; that the oath is by a false god is the Heathens fault; <hi>this</hi> is
effected by <hi>these,</hi> but <hi>the other</hi> is onely desired by <hi>them:</hi> This therefore is not a
doing evil for a good end; it is a <hi>desiring of good,</hi> and a <hi>using the evil</hi> matter
which is of anothers procuring.</p>
                     <p>9. There are some actions criminal and forbidden in certain States onely,<note place="margin">38.</note>
as to kill a man is a sin, <hi>a private man may not doe it;</hi> but the same man when
he comes to be a publick Magistrate may doe it: A private man also may not
doe it when he is in the <hi>relation</hi> and <hi>protection of civil society,</hi> because in that,
the Laws are his guards, and the publick Judges are his defensatives; but if a man
sets on me by violence, and so puts himself into a <hi>state of warre,</hi> he by going
from the limits of civil society, takes off the restraint which that society put
upon me, and I am returned to the liberties of nature; and there is by all
Laws a power given a man to defend himself, <hi>by Laws,</hi> if he can, and if he can<g ref="char:EOLhyphen"/>not,
then <hi>by himself</hi> and the <hi>means of nature;</hi> and therefore to kill him that
would kill me, is not to doe evil for a good end, for the thing is permitted, and
therefore <hi>not intrinsecally evil,</hi> and whatsoever is not so, may be <hi>accidentally good.</hi>
                     </p>
                     <p>10. Some of the instances are such which are disallowed by most men;<note place="margin">39.</note> so
<hi>to tell a lie for a good end</hi> is unlawful, upon supposition that a lie is <hi>intrinsecally
<pb n="207" facs="tcp:58903:132"/>
evil;</hi> concerning which the account must be reserved for its own place: for
the present, it is certainly unlawful to lie for any end, if that supposition be
true; but if lying be onely forbidden for its <hi>uncharitableness</hi> or <hi>injustice,</hi> that
is, for its effects, then when the end is good, the instrument is tolerable. By
these measures all the instances objected can be measured and secured, and by
these the Rule it self must be conducted. What cannot be excused upon one
of these, is wholly to be reproved as being a direct prevaricating the Apostles
Rule.</p>
                     <p>The summe is this;<note place="margin">40.</note> Whatsoever is forbidden by the Law under which
we stand, and being weighed by its own measures is found evil; that is, in a
matter certainly forbidden, not for any outward and accidental reason, but
for its natural or essential contrariety to reason and the Law of God, that may
not be done, or procured for any end whatsoever. For every such thing is <hi>in<g ref="char:EOLhyphen"/>trinsecally</hi>
and <hi>essentially evil,</hi> it is evil without <hi>change</hi> or <hi>variety,</hi> without <hi>condi<g ref="char:EOLhyphen"/>tion</hi>
or <hi>circumstance,</hi> and therefore cannot be made good by any such thing.
What is evil in some circumstances may be good in others, and what is con<g ref="char:EOLhyphen"/>demned
for a bad effect, by a good one may be hallowed, but if it be bad of it
self, it can never be good, till there come a cause as great to change its nature, as
to make it: the cruelty of <hi>a mans habit</hi> or his <hi>choice</hi> can be turn'd, but a <hi>viper
will for ever have a venome in his tooth.</hi>
                     </p>
                     <p>But this Rule is also to be extended to cases that are duplicate,<note place="margin">41.</note> and relate
to two persons. As if two persons affirm or promise contraries; the first upon
a presumptive power and authority over the other, and this other upon firm re<g ref="char:EOLhyphen"/>solution,
and by an intire power over him or her self; though I am bound to
hinder his promise from passing into fallacy and deception as much as I can, yet
I must rather secure my own. The reason is, because he who had no power
over me, could not promise but with a tacite condition; and though he were
guilty of temerity and an interpretative breach of promise, yet if the other
fails, he is directly and properly guilty. This is still more evident if a Father
promises his daughter to <hi>Titius</hi> before witnesses, presuming that his daughter
who is a widow will yet be ruled by him, though she be at her own dispose;
but his daughter hath solemnly sworn and contracted her self to <hi>Sempronius:</hi>
The daughter must be more careful not to break her oath and contract, then
by verifying her Fathers promise keep him from a lie; and this was the case of
<hi>Acontius</hi> and <hi>Cydippe</hi> in <hi>Ovid,</hi>
                        <q>
                           <l>Promisit pater hanc, haec adjuravit amanti:</l>
                           <l>Ille homines, haec est testificata Deam.</l>
                           <l>Hic metuit mendax, sed &amp; haec perjura vocari,</l>
                           <l>Num dubitas hic sit major, an ille metus?</l>
                        </q>
This case may be varied by accidents intervening, as if the daughter be under
her Fathers power, she hath none of her own to contract or swear; but in an
equal power and circumstances, the greater care must be to avoid the greater
crime.</p>
                     <p>These Cautions are all which I think necessary for the conducting of a
doubting Conscience (that is,<note place="margin">42.</note> a conscience undetermined) in its danger and
infirmity: but concerning the matter of doubts, that is indeed, all cases of
Conscience, they are to be handled under their proper matter. Concerning
interpretation of doubts to the better part, obedience to superiours in a doubt<g ref="char:EOLhyphen"/>ful
matter, favourable and easy interpretation of Laws for the deposition of a
doubt, though I was tempted to have given accounts in this place, yet I have
chosen to referre them to their own places, where by the method and rules
<pb n="208" facs="tcp:58903:133"/>
of art they ought to stand, and where the Reader will expect them. But
concerning the cure of a doubting Conscience, this is all that I am to adde
to the foregoing Rules:</p>
                     <p>A doubtful Conscience is no guide of humane actions,<note place="margin">43.</note> but a disease, and
is to be cured by prayer and prudent advices, and the proper instruments of re<g ref="char:EOLhyphen"/>solution
and reasonable determinations; but for those things which are cal<g ref="char:EOLhyphen"/>led
doubts, and the resolution of which is the best way to cure the infirmity
of conscience, they must be derived from their several <hi>heads</hi> and <hi>categories.</hi>
For these discourses or advices of Conscience in general, are intended but as
directions how to take our Physick, and what order to observe <hi>in diebus custo<g ref="char:EOLhyphen"/>diae;</hi>
but the determining of the several doubts, is like preparing and admini<g ref="char:EOLhyphen"/>string
the Medicines which consist of very many ingredients.</p>
                  </div>
               </div>
               <div n="6" type="chapter">
                  <head>CHAP. VI. Of the Scrupulous Conscience.</head>
                  <div n="1" type="rule">
                     <head>RULE 1. A Scruple is a great trouble of minde proceeding
from a little motive, and a great indisposition, by
which the conscience though sufficiently determi<g ref="char:EOLhyphen"/>ned
by proper arguments, dares not proceed to
action, or if it doe, it cannot rest.</head>
                     <p>
                        <hi>
                           <seg rend="decorInit">Q</seg>UI nimis emungit,</hi>
                        <note place="margin">1.</note> 
                        <hi>elicit sanguinem,</hi> said <hi>Solomon;</hi> too violent
blowing draws bloud from the nose;<note place="margin">Prov. 28.</note> that is, an inquiry after
determination, and searching into little corners, and measu<g ref="char:EOLhyphen"/>ring
actions by atomes and unnatural measures, and <hi>being
over righteous,</hi> is the way not to <hi>govern,</hi> but to <hi>disorder</hi> our
<hi>Conscience.</hi>
                     </p>
                     <p>That it is a great trouble,<note place="margin">2.</note> is a daily experiment and a sad
sight: Some persons dare not eat for fear of gluttony, they fear that they shall
sleep too much, and that keeps them waking, and troubles their heads more,
and then their scruples increase. If they be single persons, they fear that every
temptation is a <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>, that <hi>burning</hi> which the Apostle so carefully would
have us to avoid, and then that it is better to marry then to suffer it; and if they
think to marry, they dare not for fear they be accounted neglecters of the
glory of God which they think is better promoted by not <hi>touching a woman.</hi>
When they are married they are afraid to doe their duty, for fear it be se<g ref="char:EOLhyphen"/>cretly
an indulgence to the flesh, and be to be suspected of carnality, and yet
they dare not omit it, for fear they should be unjust, and yet they fear that the
very fearing it to be unclean should be a sin, and suspect that if they doe not
fear so, it is too great a sign they adhere to <hi>Nature</hi> more then to the <hi>Spirit.</hi>
* They repent when they have not sinn'd, and accuse themselves without
form or matter; their virtues make them tremble, and in their innocence they
<pb n="209" facs="tcp:58903:133"/>
are afraid; they at no hand would sin, and know not on which hand to avoid
it: and if they venture in, as the flying <hi>
                           <gap reason="illegible" resp="#TECH" extent="1 letter">
                              <desc>•</desc>
                           </gap>ersians</hi> over the river <hi>Strymon,</hi> the
ice will not bear them, or they cannot stand for slipping, and think every step
a danger, and every progression a crime, and beleeve themselves drowned
when they are yet ashore.</p>
                     <p>
                        <hi>Scruple</hi> sometimes signifies all manner of vexation of the minde;<note place="margin">3.</note> so <hi>Ci<g ref="char:EOLhyphen"/>cero
pro Sext. Roscio</hi> uses it, <hi>Hunc mihi scrupulum ex animo evelle, qui me dies no<g ref="char:EOLhyphen"/>ctésque
stimulat ac pungit.</hi> Take this scruple out of my minde which pricks and
goads me night and day. So also in S. <hi>Hieromes</hi> Bible 1 <hi>Regum</hi> 25. <hi>Non erit
tibi in singultum &amp; scrupulum cordis quòd effuderis sanguinem innoxium.</hi> It shall
not be to thee a cause of grief and scruple of heart that thou hast shed innocent
bloud: But in the present discourse it hath a more limited signification, and
according to the use of Divines and Canonists, means an unquietness and rest<g ref="char:EOLhyphen"/>lesness
of minde in things done or to be done, after the doubts of conscience
are determined and ended. <hi>Intolerabilem perturbationem Seneca</hi> calls it, a fear
of doing every thing that is innocent, and an aptness to doe every thing that
can be suggested,
<q>
                           <l>—nuda ac tremebunda cruentis</l>
                           <l>Irrepet genibus si candida jusserit Ino.</l>
                        </q>
* Scruple is a little stone in the foot, if you set it upon the ground it hurts
you, if you hold it up you cannot goe forward; it is a trouble where the trouble
is over, a doubt when doubts are resolved; it is a little party behinde a hedge
when the main army is broken and the field cleared, and when the conscience
is instructed in its way, and girt for action, a light trifling reason, or an ab<g ref="char:EOLhyphen"/>surd
fear hinders it from beginning the journey, or proceeding in the way, or
resting at the journeys end.</p>
                     <p>Very often it hath no reason at all for its inducement,<note place="margin">4.</note> but proceeds from
indisposition of body, pusillanimity, melancholly, a troubled head, sleepless
nights, the society of the timorous from solitariness, ignorance, or unseasoned
imprudent notices of things, indigested learning, strong fancy and weak judge<g ref="char:EOLhyphen"/>ment;
from any thing that may abuse the reason into irresolution and rest<g ref="char:EOLhyphen"/>lesness.
It is indeed a direct walking in the dark, where we see nothing to af<g ref="char:EOLhyphen"/>fright
us, but we fancy many things, and the phantasms produced in the lower
regions of fancy, and nursed by folly, and born upon the arms of fear doe
trouble us.</p>
                     <p>But if reason be its parent, then it is born in the twilight,<note place="margin">5.</note> and the mother
is so little that the daughter is a fly with a short head and a long sting, enough
to trouble a wise man, but not enough to satisfy the appetite of a little bird.
The reason of a scruple is ever as obscure as the light of a Gloworm, not fit to
govern any action, and yet is suffered to stand in the midst of all its enemies,
and like the flies of <hi>Egypt</hi> vex and trouble the whole Army.</p>
                     <p>This disease is most frequent in women,<note place="margin">6.</note> and monastick persons, in the
sickly and timorous, and is often procured by excess in religious exercises, in
austerities and disciplines, indiscreet fastings and pernoctations in prayer, mul<g ref="char:EOLhyphen"/>titude
of humane Laws, variety of opinions, the impertinent talk and wri<g ref="char:EOLhyphen"/>tings
of men that are busily idle: the enemy of mankinde by the weaknesses
of the body and understanding enervating the strengths of the spirit, and ma<g ref="char:EOLhyphen"/>king
Religion strike it self upon the face by the palsies, and weak tremblings of
its own fingers.</p>
                     <p>
                        <pb n="210" facs="tcp:58903:134"/>
                        <hi>William</hi> of <hi>Osency</hi> was a devout man,<note place="margin">7.</note> and read two or three Books of
Religion and devotion very often, and being pleased with the entertainment
of his time, resolved to spend so many hours every day in reading them, as he
had read over those books several times; that is, three hours every day. In
a short time he had read over the books three times more, and began to
think that his resolution might be expounded to signify in a current sense, and
that it was to be extended to the future times of his reading, and that now he
was to spend six hours every day in reading those books, because he had now
read them over six times. * He presently considered that in half so long time
more by the proportion of this scruple he must be tied to twelve hours every
day, and therefore that this scruple was unreasonable; that he intended no
such thing when he made his resolution, and therefore that he could not
be tied: he knew that a resolution does not binde a mans self in things whose
reason does vary, and where our liberty is intire, and where no interest of a
third person is concerned. He was sure that this scruple would make that sense
of the resolution be impossible at last, and all the way <hi>vexatious</hi> and <hi>intolerable;</hi>
he had no leisure to actuate this sense of the words, and by higher obligations
he was faster tied to other duties: he remembred also that now the profit of
those good books was receiv'd already and grew less, and now became chang'd
into a trouble and an inconvenience, and he was sure he could imploy his time
better: and yet after all this heap of prudent and religious considerations, his
thoughts revolv'd in a restless circle, and made him fear he knew not what.
He was sure he was not oblig'd, and yet durst not trust it; he knew his rule, and
had light enough to walk by it, but was as fearful to walk in the day as children
are in the night. * Well! being weary of his trouble, he tells his story, re<g ref="char:EOLhyphen"/>ceives
advice to proceed according to the sence of his reason, not to the mur<g ref="char:EOLhyphen"/>murs
of his scruple; he applies himself accordingly. But then he enters into
new fears; for he rests in this, that he is not oblig'd to multiply his readings,
but begins to think that he must doe some equal good thing in commutation
of the duty, for though that particular instance become intolerable and impos<g ref="char:EOLhyphen"/>sible,
yet he tied himself to perform that which he beleev'd to be a good thing,
and though he was deceived in the particular, yet he was right in the general,
and therefore that for the particular he must make an exchange. He does so;
but as he is doing it, he starts, and begins to think that every commutation be<g ref="char:EOLhyphen"/>ing
intended for ease, is in some sense or other a lessening of his duty, a dimi<g ref="char:EOLhyphen"/>nution
of his spiritual interest, and a note of infirmity; and then also fears,
that in judging concerning the matter of his commutation he shall be remiss
and partial. * Now he considers that he ought to consult with his <hi>Superi<g ref="char:EOLhyphen"/>ors;</hi>
and as he is going to doe so, he begins to think that his superior did once
chide him for his scruple, and that now much more he will doe it, and there<g ref="char:EOLhyphen"/>fore
will rather seek to abolish the opinion of obligation then change it into
another burthen; and since he knows this before hand, he fears lest it shall be
expounded to be in him an artifice to get himself eased or chidden out of his
duty, and cozened from his obligation. * What shall the man doe? He dares
not trust himself; and if he goes to another, he thinks that this will the more
condemne him; he suspects himself, but this other renders him justly to be
suspected by himself and others too. * Well! he goes to God and prays
him to direct him; but then he considers that Gods graces are given to us
working together with Gods Spirit, and he fears the work will not be done
for him because he fails in his own part of cooperating; and concerning this
he thinks he hath no scruple, but ce<gap reason="illegible" resp="#TECH" extent="1 letter">
                           <desc>•</desc>
                        </gap>tain causes of fear. * After a great tum<g ref="char:EOLhyphen"/>bling
of thoughts and sorrows he begins to beleeve that this scrupulousness
<pb n="211" facs="tcp:58903:134"/>
of conscience is a temptation, and a punishment of his sins, and then he heaps
up all that ever he did, and all that he did not, and all that he might have done,
and seek<gap reason="illegible" resp="#TECH" extent="1 letter">
                           <desc>•</desc>
                        </gap>ng for remedy grows infinitely worse, till God at last pitying the in<g ref="char:EOLhyphen"/>nocence
and trouble of the man made the evil to sink down with its own
weight, and like a sorrow that breaks the sleep, at last growing big, loads the
spirits, and bringing back the sleep that it had driven away, cures it self by
the greatness of its own affliction. In this case, the <hi>Religion</hi> is not so
great as the <hi>affliction.</hi>
                     </p>
                     <p>But because a scruple is a fear,<note place="margin">8.</note> or a light reason against a stronger and a
sufficiently determined understanding, it can bring no other work to the con<g ref="char:EOLhyphen"/>science,
but that it get it self eased of the trouble, which is to be done by the
following Rules.</p>
                  </div>
                  <div n="2" type="rule">
                     <head>RULE 2. A Conscience sufficiently instructed by its proper
arguments of perswasion, may without sin proceed
to action against the scruple and its weaker argu<g ref="char:EOLhyphen"/>ings
or stronger tremblings.</head>
                     <p>THIS is the best remedy that is in nature and reason.<note place="margin">1.</note> S. <hi>Bernard</hi> preached
rerely well, and was applauded, but the Devil offering to him the tempta<g ref="char:EOLhyphen"/>tion
of vain-glory, he in his resisting it, began to think that he had better leave
off to preach then begin to be proud; but instantly the Holy Spirit of God
discovered to him the deception, and the Devils artifice who would at any rate
have him leave off to preach; and he answered, I neither began for thee, nor
for thee will I leave off. This is a right course in the matter of scruple: <hi>pro<g ref="char:EOLhyphen"/>ceed
to action;</hi> and as the reason or the fear in the scruple was not inducement
enough to begin, so neither to leave off.</p>
                     <p>Against <hi>a doubting conscience</hi> a man may not work,<note place="margin">2.</note> but against <hi>a scrupulous</hi>
he may. For a <hi>scrupulous</hi> conscience does not take away the proper determina<g ref="char:EOLhyphen"/>tion
of the understanding; but it is like a woman handling of a frog or a
chicken, which all their friends tell them can doe them no hurt, and they are
convinced in reason that they cannot, they beleeve it and know it, and yet
when they take the little creature into their hands they shreek, and sometimes
hold fast and finde their fears confuted, and sometimes they let goe, and
finde their reason useless.</p>
                     <p>
                        <hi>Valerius</hi> of <hi>Hippo</hi> being used always to fast till high noon of festivals,<note place="margin">3.</note> falls
into an ilness of stomack, and is advised to eat something in the morning; all
the reason of the world that is considerable and pressing, tells him he may doe
it lawfully, but because he hath not been used to it, and good people in health
doe not doe it, he is fearful to doe that which others doe not, that need it not;
this is a slight ground, and with it perfectly may stand his practical determi<g ref="char:EOLhyphen"/>nation
of conscience that it is lawful for him; which final determination, be<g ref="char:EOLhyphen"/>cause
it is the next and immediate rule of actions cannot be impeded by that
which suffers this perswasion still to remain, because the doing onely against
<pb n="212" facs="tcp:58903:135"/>
such a perswasion can onely be a sin, for that onely is the transgression of the
immediate Law; to doe conformably to such determination is to doe it
with faith; and if the scruple can lessen it, yet it onely makes the <hi>man</hi> the <hi>wea<g ref="char:EOLhyphen"/>ker,</hi>
but cannot destroy the <hi>assent.</hi>
                     </p>
                     <p>Adde to this,<note place="margin">4.</note> that since scruples doe sometimes make men mad, doe de<g ref="char:EOLhyphen"/>triment
to our health, make Religion a burden, introduce a weariness of spi<g ref="char:EOLhyphen"/>rit
and tediousness, it cannot be a sin to stop all this evil, and directly to throw
away the scruple and proceed to contrary actions.</p>
                     <p>But this is to be understood onely,<note place="margin">5.</note> when the scruple is such that it leaves
the conscience <hi>practically</hi> determined. For if the scruple prevails upon his
weakness so farre as to rifle the better reasons, the conscience loses its <hi>rule</hi> and
its <hi>security,</hi> and the <hi>scruple</hi> passes into a <hi>doubt,</hi> and the <hi>Law</hi> into a <hi>consultation,</hi> and
the <hi>judgement</hi> into <hi>opinion,</hi> and the <hi>conscience</hi> into an <hi>undiscerning, undetermined
faculty.</hi>
                     </p>
                     <p>Hither is to be reduced the case of a <hi>perplexed conscience;</hi>
                        <note place="margin">6.</note> that is, when
men think that which part soever of the contradiction they choose, they sin;
for though that be impossible to wise men, yet all men are not wise; and if it
were impossible in the thing, yet it is certainly possible upon the distempers of
some men: and because a man hath contrary reasonings and divided principles
within, as our blessed Lord had a natural desire not to die, and yet a reasonable
and a holy spiritual desire to submit to his Fathers will, and if he please, to die;
so hath every man desires to please an appetite, or secure an interest of secu<g ref="char:EOLhyphen"/>lar
designs, and a reason to serve the interest of his spirit in spiritual de<g ref="char:EOLhyphen"/>signs:
But although in our blessed Lord the appetites of nature were inno<g ref="char:EOLhyphen"/>cent
and obedient, and the spirit always got a clear victory, and the flesh re<g ref="char:EOLhyphen"/>sisted
not, yet in us it is not so; and sometimes spiritual complications doe di<g ref="char:EOLhyphen"/>sturb
the question, and make the temporal end seem religious or pious; and
the contrary pretence is pious too, and yet a duty will be omitted which way
soever be chosen, or a sin committed as is supposed; here the case seems hard.
* It is certain that there is no such case in the world, that it is necessary for a
man to sin which part soever he takes, and unless it be his own fault he cannot
think so; but some men are wilde in their reasonings, and erre in circles, and
cannot untie the knots themselves have knit. Some are weary, and many are
involved, and more are foolish; and it is as possible for a man to be a fool in
one proposition as in another, and therefore his error may be this, that <hi>which
part soever he chooses he shall sin;</hi> what is to be done here is the Question?</p>
                     <p>The case is this;<note place="margin">7.</note> 
                        <hi>Pratinus</hi> a Romane Souldier turns Christian, and having
taken his military Sacrament before, and still continuing the imployment, he
is commanded to put to death certain criminals, which he undertakes, because
he is bound to it by his oath. Going to the execution he finds they were con<g ref="char:EOLhyphen"/>demned
for being Christians; then he starts, remembring his Sacrament or
oath on one side, and his faith on the other; that is, his Religion on both; by
which he is bound neither to be perjured, nor to kill his Brethren: The Que<g ref="char:EOLhyphen"/>stion
is not how he might expedite his doubt, and secure his conscience by
choosing the surer part, but what he is to doe, this perplexity remaining, that
is, he not being able to lay aside either part of the doubt; for his question is not
whether of the two he shall doe, but is perswaded that to doe either is a high
crime.</p>
                     <p>1. Concerning this,<note place="margin">8.</note> it is evident, that if the cases be equal, and the event
not to be distinguished by him in the greatness of its consequent or malice of
<pb n="213" facs="tcp:58903:135"/>
it, it is indifferent to him which he chooses; and therefore there can be no
Rule given which he must take, unless he could be convinced of one that it is
lawful, and the other unlawful; but in his case that not being to be done, he
ought to know that in this case he sins not if he takes either, because all sin
is with liberty and choice, at least with complacency; but his error is an <hi>infe<g ref="char:EOLhyphen"/>licity</hi>
and no <hi>sin,</hi> if he neither chooses it, nor delights in it, which in the present
case he is supposed not to doe.</p>
                     <p>2. But if in the event of the actions and parts of choice there be a real
or apprehended difference,<note place="margin">9.</note> he is bound to choose that part which he beleeves
to be the less sin; this being a justification of his will, the best that can be in
t<gap reason="illegible" resp="#TECH" extent="2 letters">
                           <desc>••</desc>
                        </gap> present case; but if he chooses that which is of worse event, he hath
nothing to excuse it.</p>
                  </div>
                  <div n="3" type="rule">
                     <head>RULE 3. He that is troubled with scruples, ought to rely upon
the judgement of a prudent Guide.</head>
                     <p>THE reason is,<note place="margin">1.</note> because his own understanding is troubled and restless, and
yet his reason determined; and therefore he can but use the best way of
cure, which in his particular is to follow an understanding that is equally de<g ref="char:EOLhyphen"/>termined
as is his own, and yet not so diseased.</p>
                     <p>Adde to this,<note place="margin">2.</note> that God hath appointed spiritual persons, Guides of souls,
whose office is to direct and comfort, to give peace and conduct, to refresh the
weary, and to strengthen the weak, to confirm the strong, and instruct the
doubtful; and therefore to use their advice is that proper remedy which God
hath appointed. * And it hath also in it this advantage, that there is in it
humility of understanding, a not relying on our own wisdome, which by way
of blessing and disposition will obtain of God that we be directed.<note place="margin">Antonin. in sum. 1. p. tit. <gap reason="illegible" resp="#TECH" extent="1 letter">
                              <desc>•</desc>
                           </gap> c. 10.</note> 
                        <hi>Consule
bonos, prudentésque viros, &amp; acquiesce eis,</hi> was an old advice, and derived from
<hi>Solomon</hi> and <hi>Tobit; lean not on thy own understanding;</hi> but ask counsel of all
that are wise, and despise not any counsel that is profitable.</p>
                  </div>
                  <div n="4" type="rule">
                     <head>RULE 4. When a doubt is resolved in the entrance of an acti<g ref="char:EOLhyphen"/>on,
we must judge of our action afterwards by the
same measures as before; for he that changes his
measures, turns his doubt into a scruple.</head>
                     <p>THE reason of the Rule is this,<note place="margin">1.</note> That which is sufficient for <hi>satisfaction be<g ref="char:EOLhyphen"/>fore,</hi>
is sufficient for <hi>peace afterwards.</hi> A Christian in the Diocese of <hi>Sala<g ref="char:EOLhyphen"/>mis</hi>
being faint in his stomack before the reception of the holy Sacrament,
disputes whether he may take a cordial or a glass of wine. Upon inquiry he is
<pb n="214" facs="tcp:58903:136"/>
told, That to receive the holy Sacrament <hi>virgine salivâ,</hi> fasting is a custome of
the Church later then the times of the Apostles, as appears by the <hi>Corinthian</hi>
usages mentioned by S. <hi>Paul;</hi> that it having no <hi>authority</hi> but <hi>custome,</hi> no <hi>sanction</hi>
but a <hi>pious fancy,</hi> and a little proportion and analogy of reverence, it ought
to yeeld to the <hi>elicite</hi> acts of charity: Upon this account he being satisfied,
drinks a little, is well, and communicates with <hi>health,</hi> and <hi>joy,</hi> and <hi>holiness.</hi> But
afterwards reflecting upon what he had done, he begins to fear he had not done
well; that he had done against the customes of the Church, that it was <hi>at least
infirmity</hi> in him, and upon what account with God that should be, which in his
own most gentle sentence was at least, <hi>infirmity,</hi> he knew not; and twenty
other little things he thought of, which <hi>signified</hi> nothing, but <hi>did</hi> somethi<gap reason="illegible" resp="#TECH" extent="2 letters">
                           <desc>••</desc>
                        </gap>,
they meant no good, but did great evil: and finding himself got into a ne<gap reason="illegible" resp="#TECH" extent="3 letters">
                           <desc>•••</desc>
                        </gap>le
calls for help, but is told that he must get out of it by the same way that he
came in, and that which was the sufficient cause of his doing the action, was
sufficient also for the justification of it, and let him confront the reasons which
introduc'd the action against these flies and little pretensions which disturb
his minde, and he shall finde that he hath reason to be ashamed of debauching
and prostituting his understanding to such trifles and images of argument:
For let a man look to his grounds when he begins to act, and when he hath
acted, let him remember that he did his duty, and give God thanks. For if
any just cause appear for which he ought to reprove his former determination;
that just cause can have no influence upon what is past, if the first proceeding
was <hi>probable,</hi> and <hi>reasonable,</hi> and <hi>dis-interest.</hi> He knows something which he
did not know before; and for the time to come is to walk by this newly kind<g ref="char:EOLhyphen"/>led
taper, but if he in the first instance walked by all the light he had, he is
not tied to walk it over again: for as God will not of a child exact the pru<g ref="char:EOLhyphen"/>dence
and cautions of a man, but in every age expects a duty answerable to
the abilities of it; so it is in all the stages of our reason, and growing under<g ref="char:EOLhyphen"/>standing.
According to what we have, and not according to what we have
not we shall give accounts. This is intended to prove that if we proceed <hi>pro<g ref="char:EOLhyphen"/>bably,</hi>
we are not tied to sorrow and repentance, though afterwards we finde
a greater reason to the contrary; but this concludes more in the present que<g ref="char:EOLhyphen"/>stion
of <hi>scruple,</hi> in which the greater probability goes before, and the less comes
after.</p>
                     <p>
                        <hi>But the Rule is to be managed with these Cautions:</hi>
                     </p>
                     <p>1. Take heed that in the beginning we doe not mistake our desires to have
it done,<note place="margin">2.</note> for a sufficient warrant that it may. For if we enter in at a wrong door,
or at the windows, we must goe back, and cannot own that entrance which
was like a Theef, or that action which was done with more craft then pru<g ref="char:EOLhyphen"/>dence.</p>
                     <p>2. Be not too easy in the arguments of probation.<note place="margin">3.</note> For although in acti<g ref="char:EOLhyphen"/>ons
concerning our eternal interest, God expects no more of us but that we
should walk by the measures of a man; yet we doe not perform our duty
if we act by the measures of a child or a fool. If we could doe no better, the
<hi>action</hi> might be more reprovable then the <hi>man;</hi> but if we could consider bet<g ref="char:EOLhyphen"/>ter
and wiser then when we reflect afterwards upon what we did before, and
finde a fault or a sin, a negligence or an avoidable error in the principle, we
cannot from thence bring rest and confidence to our consciences.</p>
                     <p>3. Separate your question as much as you can from interest,<note place="margin">4.</note> that your
determination and inquiry be pure; and if more arguments occurre after<g ref="char:EOLhyphen"/>wards
then did in the first inquiry, remember that it was well enough at first,
<pb n="215" facs="tcp:58903:136"/>
if it was probable enough; and for the rest, <hi>pray to God to accept you,</hi> if you
did <hi>well</hi> and <hi>wisely,</hi> and <hi>to pardon you</hi> in what was done <hi>amiss,</hi> or <hi>negligently,</hi>
or <hi>imperfectly.</hi>
                     </p>
                  </div>
                  <div n="5" type="rule">
                     <head>RULE 5. A scrupulous Conscience is to be cured by remedies
proper to the disease, and remedies proper to the
man.</head>
                     <p>THat is,<note place="margin">1.</note> there are some advices which are directly intended for the lesse<g ref="char:EOLhyphen"/>ning
the scruple, and some others which take away the scruple by curing
the man, and taking off his distemperature. Those which are directly intended
against the scruple, besides the Rules before described, are these:</p>
                     <p>
                        <hi>Remedies against the Scruple.</hi>
                     </p>
                     <p>1. Let the afflicted and disquiet man often meditate of the infinite
goodness of God,<note place="margin">2.</note> and how his justice is equity, and his jndgements are in
mercy; that he judges us by what we heartily endevour, but does not put
our infelicities into our accounts of sins.</p>
                     <p>2. Let him be instructed that all Laws Divine and Humane are desirous
of sweet and merciful interpretations,<note place="margin">3.</note> and that of themselves they love to
yeeld to necessity and to charity; and that severity and exactness of measures
is not onely contrary to the <hi>goodness,</hi> but to the <hi>justice</hi> of God, who therefore
will pity us because we are made of dust, and are a lump of folly and unavoi<g ref="char:EOLunhyphen"/>dable
infirmities; and by the same justice by which God <hi>is eternally angry</hi> with<g ref="char:EOLhyphen"/>the
fallen Angels, by the same justice he <hi>is not finally angry</hi> with man for his
first follies, and pities all his unavoidable evils.</p>
                     <p>3. Let it be remembred that charity is the fulfilling the Law,<note place="margin">4.</note> and by
the degrees of it a man tends to perfection, and not by <hi>forms</hi> and <hi>tittles</hi> of the
letter, and <hi>apices</hi> of the handwriting of ordinances. And that if he loves God
and <hi>does his best,</hi> and concerning the <hi>doing his best</hi> make the same judgements
<hi>real</hi> and <hi>material,</hi> that he does of the other actions of his life, he certainly does
all that can belong to him, and all that which can be wise and safe. He that
acts according to the <hi>reason of a man,</hi> ought to have <hi>the confidences of a man,</hi> for
no other <hi>confidence</hi> can be <hi>reasonable.</hi> That is charity that we doe <hi>carefully</hi> and
<hi>wisely,</hi> and follow the <hi>best</hi> we can.</p>
                     <p>4. Let it be considered that to incline to the scruple,<note place="margin">5.</note> and neglect the stron<g ref="char:EOLhyphen"/>ger
reason that stands against it, is to take the worse end, it is to doe that which
must seem worse; and then it may be remembred, that if the man is afraid and
troubled with the <hi>trifle,</hi> with the <hi>scruple,</hi> when he hath stronger reason to secure
him, if he yeelds to the scruple and neglects the stronger reason, the neglect of
that will run upon him like a torrent and a whirlewind, and the scruple, or the
bulrush will not support his building.</p>
                     <p>5. Since the very design of the Euangelical Covenant is,<note place="margin">6.</note> that our duty
be demanded, and our sins accounted for, according to the measures of a man,
<pb n="216" facs="tcp:58903:137"/>
and not by the proportions of an Angel; and that all our infirmities and igno<g ref="char:EOLhyphen"/>rances,
and unavoidable prejudices are taken into account, beside the infinite
remissions on Gods part, it will follow that by this goodness of God and a mo<g ref="char:EOLhyphen"/>ral
diligence, and a good heart we are secured, but we can never be secured by
our own measures. For let us weigh never so <hi>exactly,</hi> we may miss some granes
or scruples, but to snatch greedily at the little overrunning dust of the bal<g ref="char:EOLhyphen"/>lance,
and to throw away the massive ingots that sunk the scales down, is the
greatest folly in the world.</p>
                     <p>6. The lines of duty are set down so clear and legible,<note place="margin">7.</note> are so agreeable to
reason, so demonstrable upon their proper principles, are so easy and plain,
that we need not run into corners, and sneaking by-lanes to finde it out: If by
little undiscerned minutes we were to stand or fall, though now there are but
few that shall be saved, yet but a few of those few should escape eternal death.
The counsels of God are not like the Oracles of <hi>Apollo,</hi> double in their sense,
intricate in their expression, secret in their meaning, deceitful in their measures,
and otherwise in the event then they could be in their expectation. But the
word of God in the lines of duty is open as the face of heaven, bright as the
Moon, healthful as the Suns influence; and this is certainly true, that when
a thing becomes obscure, though it may oblige us to a prudent search, yet it
binds us not under a guilt, but onely so farre as it is or may be plainly under<g ref="char:EOLhyphen"/>stood.</p>
                     <p>But in the case of a <hi>scrupulous conscience,</hi>
                        <note place="margin">8.</note> it is not the thing so much that
troubles the minde, as the indisposition of the part, the man hath a vicious ten<g ref="char:EOLhyphen"/>derness;
it is melancholy and fear, and as <hi>very accident</hi> can trouble the <hi>mise<g ref="char:EOLhyphen"/>rable,</hi>
so <hi>every fancy</hi> can affright the <hi>timorous;</hi> the chiefest remedies there<g ref="char:EOLhyphen"/>fore
must be by applications to the man, to cure his distemper, and then the
scruple will work no more then its own activity will enable it, and that is
but <hi>little</hi> and <hi>inconsiderable.</hi>
                     </p>
                     <p>
                        <hi>Advices to the scrupulous man.</hi>
                     </p>
                     <p>1. The case of the scrupulous man is so full of variety, or uncertainty ra<g ref="char:EOLhyphen"/>ther
that it is as easy to govern chance,<note place="margin">9.</note> and to give rules to contingency as to
him. In all other cases there is a measure and a limit, and therefore a remedy
can be proportioned to it; but in this, fear is the disease, and that alone is in<g ref="char:EOLhyphen"/>finite;
and as it commences oftentimes without cause, so it proceeds without
limit. For by what reason it entred in, by the same it may grow; that is, with<g ref="char:EOLhyphen"/>out
any cause at all it may increase for ever. * But for the remedy, this is
considerable; That the worse it is, the better it may be remedied, if we could
consider. For when fear is grown so bigge that it is unreasonable, the cure is
ready and plain, that <hi>it must</hi> be laid aside because it is <hi>intolerable,</hi> and <hi>it may</hi>
because it is <hi>unreasonable.</hi> When it comes from a just cause, that just cause is
usually the limit of it: but when it is vast and infinite it hath no cause, but
weaknesse, and it appears enough in the instances; for the scrupulous man
fears concerning those things where he ought to be most confident; he fears
that God is angry with him for not doing his duty, and yet he does whatso<g ref="char:EOLhyphen"/>ever
he can learn to be his duty. * This is a complication of evils, as melan<g ref="char:EOLhyphen"/>choly
is of diseases. The scrupulous man is timorous, and sad, and uneasy,
and he knows not why. As the melancholy man muses long, and to no pur<g ref="char:EOLhyphen"/>pose,
he thinks much, but thinks of nothing; so the scrupulous man fears ex<g ref="char:EOLhyphen"/>ceedingly,
but he knows not what nor why. It is a Religious melancholy, and
<pb n="217" facs="tcp:58903:137"/>
when it appears to be a disease and a temptation, there needs no more argu<g ref="char:EOLhyphen"/>ment
against its entertainment. We must rudely throw it away.</p>
                     <p>2. He that is vexed with scruples,<note place="margin">10.</note> must fly to God by prayer and fasting,
that this lunacy and spirit of illusion which sometimes <hi>throws him into the fire,</hi>
and <hi>sometimes into the water</hi> may be ejected, and the Spirit of God, and the
Spirit of wisdome may come in substitution according to the promise so often
recorded in the holy Scriptures.<note place="margin">Luke 11. 13. James 1. 5.</note>
                     </p>
                     <p>3. Let the scrupulous man change the tremblings of his spirit to a more
considerable object,<note place="margin">11.</note> and be sure if he fears little things, let him fear great things
<hi>greatly,</hi> every known sin let him be sure to avoid, <hi>little</hi> or <hi>great,</hi> for by this <hi>pu<g ref="char:EOLhyphen"/>rity
he shall see God,</hi> and the things of God, <hi>peace</hi> and <hi>truth,</hi> and the honesty of
his heart will bear him out from the <hi>mischief,</hi> if not quit from the <hi>trouble</hi> of the
<hi>scruple:</hi> * at no hand let it be endured that he should think this disease or vici<g ref="char:EOLhyphen"/>ous
tenderness in spirit is able to excuse him from his duty in greater things.
Some scruple at an innocent ceremony, and against all conviction and armes
of reason will be troubled and will not understand; this is very bad, but it is
worse that he should think himself the more godly man for being thus troubled
and diseased, and that upon this account he shall fall out with <hi>Government</hi> and
<hi>despise it,</hi> this man nurses his scruple till it proves his death, and instead of cu<g ref="char:EOLhyphen"/>ring
a bile, dies with a cancer, and is like a man that hath strained his foot and
keeps his bed for ease, but by lying there long falls into a <hi>lipothymie,</hi> and that
bears him to his grave.</p>
                     <p>4. Let the scrupulous man avoid all excess in mortifications and corporal
austerities,<note place="margin">12.</note> because there are apt to trouble the <hi>body,</hi> and consequently to dis<g ref="char:EOLhyphen"/>order
the minde, and by the prevailing fond perswasions of the world they
usually produce great opinions of sanctity and ignorant confidences of G<gap reason="illegible" resp="#TECH" extent="1 letter">
                           <desc>•</desc>
                        </gap>ds
favour, and by spending the religion of the man in exterior significations make
him apt to take his measures from imperfect notices, and then his religion shall
be <hi>scruple</hi> and <hi>impertinency,</hi> full of trouble, but good and profitable for little
or nothing.<note place="margin">Lib. 8. c. <gap reason="illegible" resp="#TECH" extent="2 letters">
                              <desc>••</desc>
                           </gap>riri De rerum <gap reason="illegible" resp="#TECH" extent="1 word">
                              <desc>〈◊〉</desc>
                           </gap> erate.</note> 
                        <hi>Admiratione digna sunt</hi> (saith <hi>Cardan) quae per jejunium hoc modo
contingunt: somnia, superstitio, contemptus tormentorum, mortis desiderium, obsti<g ref="char:EOLhyphen"/>nata
opinio, insania: jejunium naturalitèr praeparat ad haec omnia.</hi> It is won<g ref="char:EOLhyphen"/>derful
to consider what strange products there are of fasting: Dreams super<g ref="char:EOLhyphen"/>stition,
contempt of torments, desire of death, obstinacy in opinion, and mad<g ref="char:EOLhyphen"/>ness.
To all these, fasting does naturally prepare us: and concerning S. <hi>Hila<g ref="char:EOLhyphen"/>rion</hi>
it is reported by S. <hi>Hierome, Ita attenuatus fuit jejunio &amp; vigiliis in tan<g ref="char:EOLhyphen"/>tum
exeso corpore ut ossibus vix haerebat:</hi>
                        <note place="margin">Epist. l. 3</note> 
                        <hi>unde nocte infantum vagitus, balatus
pecorum, mugitus boum, voces &amp; ludibria daemonum, &amp;c.</hi> that he was so lean and
dried with fasting and watching, that his flesh did scarce cleave to his bone:
Then his desires and capacity of sleep went away, and for want of sleep he
must needs grow light headed, and then the illusions of the Devil were prepa<g ref="char:EOLhyphen"/>red
and certain to prevail; then his brains crowed, and he heard in the desert
children crying, sheep bleating, bulls lowing, and ratling of chains, and all the
phantastick noises raised by the Devil. Much to the same purpose is by S. <hi>A<g ref="char:EOLhyphen"/>thanasius</hi>
reported of S. <hi>Anthony.</hi> It was this excess that made S. <hi>Hierome</hi> so
scrupulous in reading of <hi>Tullies</hi> Orations; it was not an Angel, but his own
dreams that whipp'd him for making and reading good Latin and good sense.
After long fasting it was that S. <hi>Gulslach</hi> of <hi>Crowald</hi> fought with the Devil, and
such irregular austerities have been in all ages of superstition, the great instru<g ref="char:EOLhyphen"/>ment
<pb n="218" facs="tcp:58903:138"/>
of Satan by which his illusions became Oracles, and religion was changed
into superstition, and the fear of God into timorousness, and inquiry into
scruple.</p>
                     <p>5. Let the scrupulous man interest himself in as few questions of intri<g ref="char:EOLhyphen"/>cate
dispute,<note place="margin">13.</note> and minute disquisition as he can; they that answer fewest, doe
commonly trouble themselves with most. Curious questions may puzzle eve<g ref="char:EOLhyphen"/>ry
man, but they can profit no man, they are a certain disturbance, they are re<g ref="char:EOLhyphen"/>bels
in the kingdome of the inner man, they are just the same things in <hi>specu<g ref="char:EOLhyphen"/>lation</hi>
which <hi>scruples</hi> are in <hi>practice,</hi> and therefore because <hi>notice</hi> properly tends
and directs to <hi>action,</hi> the increase of <hi>them</hi> will multiply <hi>these. Avoid them</hi>
therefore, for not <hi>these,</hi> but <hi>things practical are the hinges of immortality;</hi> but
the other break the peace of the superior faculties, they trouble the understan<g ref="char:EOLhyphen"/>ding
and afflict the conscience and profit, or instruct no man.</p>
                     <p>6. He that would cure his scrupulousness must take care that his Reli<g ref="char:EOLhyphen"/>gion
be as near as he can to the measures and usages of common life.<note place="margin">14.</note> When
S. <hi>Anthony</hi> was troubled with a scrupulous conscience, which so amaz'd him,
that he thought it was impossible for him ever to arrive at heaven, an Angel
came to him in the likeness of a Hermit, or rather an Hermit spake to him like
an Angel and said, <hi>Nunc paululum laborando manibus, nunc genibus flexis orando,
deinde corpus reficiendo, pòst quiescendo, &amp; rursus iterum operando, Antoni,
sic fac tu &amp; salvus eris.</hi> Sometimes labour with thy hands, then fall on thy knees
and pray, then refresh thy body, then sometimes rest, and then labour again;
and so thou shalt be saved. Let us take care that our Religion be like our life,
not done like <hi>pictures,</hi> taken when we are dressed curiously, but looking as the
actions of our life are dressed, that is, so as things can be constantly done, that
is, that it be dressed with the usual circumstances, imitating the examples, and
following the usages of the best and the most prudent persons of his commu<g ref="char:EOLhyphen"/>nion;
striving <gap reason="illegible" resp="#TECH" extent="1 word">
                           <desc>〈◊〉</desc>
                        </gap> nothing to be singular, not doing violence to any thing of
nature, unless it be an instrument or a temptation to a vice. For some men
mortify their <hi>natures</hi> rather then their <hi>vicious inclinations</hi> or their <hi>evil habits,</hi>
and so make Religion to be a burden, a <hi>snare,</hi> and an <hi>enemy.</hi> For in <hi>scrupu<g ref="char:EOLhyphen"/>lous,</hi>
that is, in <hi>melancholy persons</hi> nature is to be cherished in every thing where
there is no danger, that is, where she is not <hi>petulant</hi> and <hi>troublesome.</hi> Such men
have more need of something to <hi>repair</hi> their house, then to <hi>lessen</hi> it.</p>
                     <p>7. Let the scrupulous man take care that he make no vows of any lasting
imployment.<note place="margin">15.</note> For the disease that is already within, and this new matter from
without will certainly make new cases of Conscience, and new fears and scru<g ref="char:EOLhyphen"/>ples
upon the manner, and degrees, and circumstances of performance. There<g ref="char:EOLhyphen"/>fore
what ever good thing they intend, let them doe it when they can, when
it is pleasant, when it is convenient, and always reserve their liberty. For
besides that to doe otherwise must needs multiply scruples, it is also more plea<g ref="char:EOLhyphen"/>sing
to God that we make our services to be every day <hi>chosen,</hi> then after one
general choice of them, to have the particulars <hi>done</hi> and <hi>hated.</hi>
                     </p>
                     <p>8. But that I may summe up many particulars in one.<note place="margin">16.</note> The scrupulous
man must avoid <hi>those companies,</hi> and those <hi>imployments,</hi> and those <hi>books</hi> from
whence the clouds arise, especially the books of ineffective and phantastick
notion, such as are <hi>Legends</hi> of Saints, <hi>ridiculously</hi> and <hi>weakly invented,</hi> furnished
out for <hi>Idea</hi>'s, not for actions of common life, with dreams and false propo<g ref="char:EOLhyphen"/>sitions;
for the scrupulous and fearful will easily be troubled, if they finde
<pb n="219" facs="tcp:58903:138"/>
themselves fall short of those fine images of virtue which some men describe,
that they might make <hi>a fine picture,</hi> but <hi>like nobody.</hi> Such also are the Books
of <hi>mystical Theology,</hi> which have in them the most high, the most troublesome,
and the most mysterious nothings in the world, and little better then the ef<g ref="char:EOLhyphen"/>fluxes
of a <hi>religious madness.</hi> *</p>
                     <p>9. Let the scrupulous man endevour to reduce his body into a fair tem<g ref="char:EOLhyphen"/>per,<note place="margin">17.</note>
* and <gap reason="illegible" resp="#TECH" extent="1 letter">
                           <desc>•</desc>
                        </gap>nkindle in his minde a great love and high opinions of God and
Gods mercy, and by proper arts produce joy in God, and rejoycings in the Spi<g ref="char:EOLhyphen"/>rit;
* let him pursue the <hi>purgative way of religion,</hi> fight against and extirpate all
vicious habits and evil customes, doe the actions of virtue frequently and con<g ref="char:EOLhyphen"/>stantly,
but without noise and outcries, without affectation and singularity;
that religion is best which is incorporated with the actions and common tra<g ref="char:EOLhyphen"/>verses
of our life; and as there will be some foolish actions, so there will be
matter for repentance; let this <hi>humble</hi> us, but not <hi>amaze</hi> us and <hi>distract</hi> us.</p>
                     <p>10. Let all persons who are or use to be thus troubled with <hi>flies,</hi>
                        <note place="margin">18.</note> and im<g ref="char:EOLhyphen"/>pertinencies
of <hi>reason</hi> and <hi>conscience</hi> be carefully and wisely instructed in those
practical propositions which are the general lines of life, which are the axiomes
of Christian Philosophy, which like the rules of Law have great influence in
many virtues, and have great effect towards perfection. For the more severe
the rules are, the more apt they are to be the matter of scruple when they are
not understood in their just measures. Such as are, <hi>It is the part of a good minde
to acknowledge a fault where there is none. * Not to goe forward is to goe backward.
* He that loves danger shall perish in danger. * Hold that which is certain, and let
goe that which is uncertain.</hi> There are many more, of which I am to give ac<g ref="char:EOLhyphen"/>counts
in the next Book, and from thence the scrupulous may derive assistan<g ref="char:EOLhyphen"/>ces.</p>
                     <p>
                        <hi rend="margQuotes">Concerning the matter of scruples, I on purpose decline the conside<g ref="char:EOLhyphen"/>ring
of it here, because either every thing or nothing of it is to be handled:
A scruple may arise in the doing of every duty, in the remembrance of every
action; and to stop one gap, when the evil may enter in at 500. I did sup<g ref="char:EOLhyphen"/>pose
not to be worth my labour. I therefore reserve every thing to its own
place, being content here to give the measures and rules of conscience in
its several kinds, and differing affections, that is, in all its proper capacities
which can relate to action.</hi>
                     </p>
                  </div>
               </div>
            </div>
            <div n="2" type="book">
               <pb n="220" facs="tcp:58903:139"/>
               <head>OF THE
RVLE OF CONSCIENCE.
viz.
The Laws Divine and Humane,
And
All collateral Obligations.</head>
               <head>THE SECOND BOOK.</head>
               <div n="1" type="chapter">
                  <head>CHAP. I. Of the Law of Nature in general.</head>
                  <div n="1" type="rule">
                     <head>RULE 1. The Law of Nature is the Universal Law of the
world, or the Law of mankinde, concerning com<g ref="char:EOLhyphen"/>mon
necessities to which we are inclined by Na<g ref="char:EOLhyphen"/>ture,
invited by consent, prompted by reason, but
is bound upon us onely by the commands of
God.</head>
                     <p>
                        <seg rend="decorInit">Ε</seg>Στω <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>,<note place="margin">1.</note>
said the Apostolical constitution;<note place="margin">Constit. Apost. l. 1. c 6.</note> Be careful
to understand what is the Law natural, and what is super<g ref="char:EOLhyphen"/>induc'd
upon it. The counsel, abating the authority and
reverence of them that said it, is of great reasonableness.
For all men talk of the law of Nature, and all agree that
there is such a material law which some way or other is of
the highest obligation; but because there are no Digests or Tables of this
law, men have not onely differ'd about the number of them, and the instances
themselves, but about the manner of drawing them forth, and making the ob<g ref="char:EOLhyphen"/>servation:
whereas if the law of Nature were such a thing as it is supposed
generally, these differences would be as strange and impossible, as that men
should disagree about what is black, or what is yellow, or that they should
dispute concerning rules to signify when they desire, or when they hope, or
when they love. The purpose of the present intendment will not suffer me to
make large disputes about it, but to observe all that is to be drawn from it in
order to Conscience and its obligation.</p>
                     <p>
                        <hi>
                           <pb n="221" facs="tcp:58903:139"/>
The Law of Nature]</hi>
                     </p>
                     <p>
                        <hi>Jus naturae,</hi>
                        <note place="margin">2.</note> and <hi>Lex naturae</hi> are usually confounded by Divines and Law<g ref="char:EOLhyphen"/>yers,
but to very ill purposes, and to the confusion and indistinction of all the
notices of them.<note place="margin">Valla Elegant. l. 4. c. 48.</note> 
                        <hi>The right of nature,</hi> or <hi>Jus naturae</hi> is no <hi>Law,</hi> and <hi>the law of na<g ref="char:EOLhyphen"/>ture</hi>
is <hi>no natural right. The right of nature</hi> is a perfect and universal liberty to
doe whatsoever can secure me or please me. For the appetites that are prime,
original, and natural, doe design us towards their satisfaction, and were a con<g ref="char:EOLhyphen"/>tinual
torment, and in vain, if they were not in order to their rest, contented<g ref="char:EOLhyphen"/>ness
and perfection. Whatsoever we naturally desire, naturally we are permit<g ref="char:EOLhyphen"/>ted
to. For natures are equal, and the capacities are the same, and the desires
alike; and it were a contradiction to say that <hi>naturally</hi> we are restrained from
any thing to which we <hi>naturally</hi> tend. Therefore to save my own life, I can
kill another, or twenty, or a hundred, or take from his hands to please my
self, if it happens in my circumstances and power; and so for <hi>eating,</hi> and <hi>drink<g ref="char:EOLhyphen"/>ing,</hi>
and <hi>pleasures.</hi> If I can desire, I may possess or enjoy it: this is, <hi>The right
of nature. Jus naturae,</hi> by <hi>jus</hi> or <hi>right,</hi> understanding not a <hi>collated</hi> or <hi>legal right,
positive</hi> or <hi>determined,</hi> but a <hi>negative right,</hi> that is, such a right as every man
hath without a Law, and such as that by which the stones in the streets are
mine or yours; by a right that is negative, because they are <hi>nullius in bonis,</hi>
they are appropriate to no man, and may be mine; that is, I may take them
up and carry them to my bed of turf, where the <hi>natural, wild,</hi> or <hi>untutored man</hi>
does sit. But this is not <hi>the Law of nature,</hi> nor passes any obligation at all.</p>
                     <p>And indeed nature her self makes not a Law:<note place="margin">3.</note>
                        <q>Nec natura potest justo secernere iniquum,</q>
and this opinion <hi>Carneades</hi> did express, but rudely, and was for it noted by
<hi>Lactantius.</hi> He said there was no law of nature. But the Christians who for
many ages have followed the School of <hi>Aristotle,</hi> have been tender in suffering
such expressions, and have been great promoters of <hi>Aristotles</hi> doctrine con<g ref="char:EOLhyphen"/>cerning
the <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>, the natural Law. But indeed <hi>Aristotle</hi> himself in this
was various and indetermined.<note place="margin">L. 5. c. 10.</note> For in his <hi>Ethicks</hi> he affirms that some think
the natural law to be [<gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>,
<gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>] unalterable, and of the same force
every where, as fire burns here and in <hi>Persia:</hi> and yet he himself makes it <hi>no<g ref="char:EOLhyphen"/>table,</hi>
and that it is not the same among all Nations;<note place="margin">Lib. 1. c. 13. &amp; 15.</note> for so he in his Rheto<g ref="char:EOLhyphen"/>ricks
says, <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>,
that some doe <hi>Divine</hi> [not demon<g ref="char:EOLhyphen"/>strate]
<hi>that some things are just or unjust by nature, without any Covenant or So<g ref="char:EOLhyphen"/>ciety;</hi>
intimating, that without a covenant or contract tacite or explicite, there
can be no Law: and if it depends upon contract, it must be variable as neces<g ref="char:EOLhyphen"/>sity,
and contingency together; and so he affirms,<note place="margin">Lib. 5. c. 7<gap reason="illegible" resp="#TECH" extent="1 letter">
                              <desc>•</desc>
                           </gap> Ethic.</note> That there is nothing so na<g ref="char:EOLhyphen"/>turally
just but it is variable; and although the right hand is in most men the
strongest, yet in some the left hand is. <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>.
Distributive justice is by proportion, and therefore
it is variable; and in general he affirms of all justice, <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>, ju<g ref="char:EOLhyphen"/>stice
is in proportion and relation.</p>
                     <p>For justice is <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>,<note place="margin">4.</note> that is, <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap> a relative excellency,
and therefore must suppose society, and a paction or covenant. For a man
cannot be unjust to himself or to his own goods which are absolutely in his
<pb n="222" facs="tcp:58903:140"/>
power.<note place="margin">E<gap reason="illegible" resp="#TECH" extent="1 letter">
                              <desc>•</desc>
                           </gap>hic. l. 5. c. 10.</note> 
                        <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap> and therefore Justice, I mean that univer<g ref="char:EOLhyphen"/>sal
virtue that contains all else within it,
<q>
                           <gap reason="foreign">
                              <desc>〈 in non-Latin alphabet 〉</desc>
                           </gap>,</q>
is a virtue that hath its being from something superinduc'd upon nature. Justice
is <hi>natural,</hi> as all virtues are, that is, <hi>reasonable and perfective of our nature,</hi> and
<hi>introductive of well-being:</hi> But <hi>nature alone</hi> hath not injoyn'd it <hi>originally,</hi> any
more then <hi>matrimonial chastity</hi> was a <hi>natural law,</hi> which could not be at all be<g ref="char:EOLhyphen"/>fore
<hi>Eve</hi> was created, and yet our nature was perfect before. <hi>Justum nihil est
non constitutâ lege,</hi> nothing is just or unjust of it self, until some Law of God or
man does supervene; and the Scepticks generally, and amongst the Dogma<g ref="char:EOLhyphen"/>ticks
<hi>Aristippus</hi> said, that nothing is just by nature, but onely <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>, by law
and custome; which in what sense it is to be admitted, I shall explicate in the
following periods.
<q>—is the universal law of the World.]</q>
                        <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>,<note place="margin">Rhetor. l. 1. c. 11.</note> so <hi>Aristotle</hi> calls it [<hi>The law of mankinde] Commune omnium ho<g ref="char:EOLhyphen"/>minum
us;</hi> so <hi>Justinian;</hi> which is not to be understood of all men in all things
absolutely,<note place="margin">L. 9. ff. de jure &amp; justitia.</note> but especially of all wise or civil Nations that communicate with
each other. <hi>Lucretius</hi> restrains it to neighbours,
<q>
                           <l>Tunc &amp; amicitiam coeperunt jungere habentes</l>
                           <l>Finitima inter se nec laedere, nec violare.</l>
                        </q>
But many Nations have thought, and some think so still, that they may hurt
stranger people, the possessors of farre distant Countries, barbarous and savage
people: The Romans who were the wisest of all Nations did so.
<q>
                           <l>—si quis sinus abditus ultra,<note place="margin">Arbiter.</note>
                           </l>
                           <l>Siqua foret tellus quae fulvum mitteret aurum</l>
                           <l>Hostis erat—</l>
                        </q>
All people whom they call'd barbarous, or whom they found rich were their
enemies.</p>
                     <p>But there are some laws of Nature which belong to all absolutely,<note place="margin">5.</note> to
whom any notice of the true God and of good manners is arrived; particu<g ref="char:EOLhyphen"/>larly
those which belong to <hi>common religion:</hi> But in the <hi>laws of justice,</hi> the <hi>law
of nature</hi> is more restrained, because it does not onely, like the <hi>laws of religion,</hi>
suppose some communications of command from God, but some entercourse
with man; and therefore are obligatory, or extended in proportion to the
proximity and communication. But the law taken in its integrity, or according
to its formal reason, is the law of all mankinde; for all men in all things are
bound to it.</p>
                     <p>
                        <hi>Concerning some common necessities]</hi>
                     </p>
                     <p>This describes the matter and body of <hi>natural Laws.</hi> For there is nothing by
which the laws are denominated <hi>natural</hi> more then by this, that they are pro<g ref="char:EOLhyphen"/>visions
made for the natural necessities of mankinde; such are, <hi>To doe as we
would be done to: To perform covenants: To secure messengers of peace and
Arbitrators: To be thankful to our Benefactors,</hi> and the like: without these a
man cannot receive any good, nor be safe from evil.</p>
                     <p>By this relation,<note place="margin">6.</note> and interchanging reason, it is therefore necessary that
these laws should be distinguished from all others, because these and their
like proceed from the <hi>same principle,</hi> are restrained by the <hi>same penalties,</hi> written
in the <hi>same tables,</hi> have the <hi>same necessity,</hi> and doe suppose <hi>something super added
<pb n="223" facs="tcp:58903:140"/>
to our nature;</hi> and therefore that these and their like are <hi>natural,</hi> and the <hi>others
are not,</hi> must be by <hi>relation to the subject matter.</hi>
                     </p>
                     <p>For in these cases and the like,<note place="margin">7.</note> when that which is <hi>profitable</hi> is made <hi>just,</hi>
then that which is <hi>natural</hi> is made a <hi>law;</hi> that is, when the law tends to the same
end whither nature tends, when the faculty or appetite is provided for by
obedience to a law, then the law is called natural. For since all good and just
laws are profitable, they are laws <hi>Civil</hi> or <hi>Religions,</hi> or <hi>Natural</hi> according as
they serve the end of the <hi>Commonwealth,</hi> or of the <hi>Religion,</hi> or of <hi>Nature.</hi> This
is evident in the Code of the <hi>Mosaick</hi> law, where all laws being established by
God under the same Prince, could have no difference but by their subject
matter; and when they did lie in one body, to separate one from the other by
proper appellatives was not easy, but by their manner of doing benefit, and their
material relations.</p>
                     <p>
                        <hi>To which we are inclined by nature]<note place="margin">8.</note>
                        </hi>
That which is usually called the law of Nature is of it self nothing else but
<hi>convenientia cum naturâ rationali,</hi> a consonancy to natural <hi>reason</hi> and <hi>being.</hi>
Some in drawing the Tables of the natural law, estimate those onely to be na<g ref="char:EOLhyphen"/>tural
laws which are concerning appetites and actions common to man and
beast. <hi>Jus naturale est quod natura omnia animalia docuit,</hi> said <hi>Ulpian.</hi> That is
the law of nature which is by nature taught not onely to men,<note place="margin">L. 1. ff. de justi<g ref="char:EOLhyphen"/>tia &amp; jure.</note> but even to
beasts, for they also are under her power,
<q>—Magnis agitant sub legibus aevum.</q>
The same definition is also given by <hi>Aquinas,</hi> and many Lawyers after <hi>Justinian,</hi>
                        <note place="margin">1. 2 q. 1<gap reason="illegible" resp="#TECH" extent="1 letter">
                              <desc>•</desc>
                           </gap>4. art. 2. Elegant. l. 4. c. 43.</note>
and almost all Divines after <hi>Aquinas;</hi> but <hi>Laurentius Valla</hi> will at no hand
endure it, <hi>Nam jus naturale dicere quod natura omnia animalia docuit, ridiculum;</hi>
it is ridiculous to affirm that to be the law of nature, which nature teaches to
all living creatures; such as are, conjunction of sexes for conservation of the
kinde, nursing and educating children, <hi>abstinence from some certain mixtures and
copulations,</hi> abhorring the conjunction of some very near persons. Concerning
which it is therefore certain, that though the matter of these laws is hugely
agreeable to nature, and some of them are afterwards made into laws, and for
their matter sake and early sanction are justly called <hi>natural</hi> (as I have other<g ref="char:EOLhyphen"/>where
discoursed) yet they are made laws in nature onely <hi>dispositivè,</hi>
                        <note place="margin">See Great E<gap reason="illegible" resp="#TECH" extent="2 letters">
                              <desc>••</desc>
                           </gap> emplat.</note> that is,
by nature they are made Candidates of laws, they are prepar'd by nature, but
compleated by God in other ways then by our nature and creation.</p>
                     <p>The reason is,<note place="margin">9.</note> because that which is natural is one, but these laws admit
variety; and amongst wise Nations in several cases have and have not obliga<g ref="char:EOLhyphen"/>tion.
The Religious, and the Priests, and wise men among the Persians did
not account themselves bound by all these, as I shall discourse in the follow<g ref="char:EOLhyphen"/>ing
numbers; and yet they were then to be reckoned amongst the wisest men
in the world, because of their great Empire and Government, which, by rea<g ref="char:EOLhyphen"/>son
of their great necessities and communications with mankinde, cannot be
done without its proportion of wisdome. But if nature did make these into
a law, that is, if it comes by creation, and from thence also the penalty and coer<g ref="char:EOLhyphen"/>cion
is derived (for without these there is no law) then it were impossible the
wise Persians should think it commendable to doe that which others called
abominable, since in all those things in which they doe a thing which they call
unlawful, they as other men felt an equal sharpness and pungency of consci<g ref="char:EOLhyphen"/>ence.</p>
                     <p>
                        <pb n="224" facs="tcp:58903:141"/>
But that I may speak closer to the particular,<note place="margin">10.</note> That a thing is common to
men and beasts is no indication of a law of nature, but onely of a common ne<g ref="char:EOLhyphen"/>cessity,
instinct, or inclination respectively. For they doe it without a law, and
therefore so may we, unless something else besides nature makes it a law to us;
for nature or natural desire in them and in us is the same, but this desire is in
them where a law cannot be, and therefore in us also it may be without a law.
Beasts doe all that they <hi>can doe,</hi> and <hi>can love,</hi> and are no more capable of law
then of reason; and if they have instincts and inclinations, it is no otherwise
then their appetites to meat, concerning which nature hath determined all,
but without proper obligation: and all those discourses concerning the absti<g ref="char:EOLhyphen"/>nence
of beasts, their gratitude, their hospitality, their fidelity, their chastity
and marriages, are just like the discourses of those that would make them rea<g ref="char:EOLhyphen"/>sonable.
More certain and true is that which was said of old,
<q>
                           <l>
                              <gap reason="foreign">
                                 <desc>〈 in non-Latin alphabet 〉</desc>
                              </gap>
                           </l>
                           <l>
                              <gap reason="foreign">
                                 <desc>〈 in non-Latin alphabet 〉</desc>
                              </gap>,</l>
                        </q>
Fishes and birds and beasts eat one another, because they have no justice or laws
amongst them, said <hi>Hesiod;</hi> and the like is in <hi>Homer,</hi>
                        <q>
                           <gap reason="foreign">
                              <desc>〈 in non-Latin alphabet 〉</desc>
                           </gap>.<note place="margin">
                              <gap reason="foreign">
                                 <desc>〈 in non-Latin alphabet 〉</desc>
                              </gap>
                           </note>
                        </q>
and therefore although it is a good <hi>popular argument</hi> which is used against un<g ref="char:EOLhyphen"/>natural
conjunctions which is in the Greek Epigram,
<q>
                           <l>
                              <gap reason="foreign">
                                 <desc>〈 in non-Latin alphabet 〉</desc>
                              </gap>
                           </l>
                           <l>
                              <gap reason="foreign">
                                 <desc>〈 in non-Latin alphabet 〉</desc>
                              </gap>,<note place="margin">L. 1. c. 78.</note> &amp;c.</l>
                        </q>
Abstain from such impurities, for the very beasts preserve their natural customs
and conjunctions inviolate; yet this is an infinitely uncertain and fallacious
way of estimating any particular laws of nature, because it may as well be said
to be against the law of nature to be drunk, as to be incestuous, upon this ac<g ref="char:EOLhyphen"/>count,
because Cows will drink no more then to quench their thirst: and
although in the law of <hi>Moses,</hi> beasts were put to death if they were instrumental
in <hi>bestiality</hi> or <hi>murder,</hi> yet this was <hi>in poenam Domini,</hi> or a matter of dominion
over beasts; and the word <hi>poena</hi> or punishment was improper and no other<g ref="char:EOLhyphen"/>wise
to be understood then that of <hi>Suidas</hi> in his story of <hi>Nicon;</hi> whose statue
when an envious person had whipp'd, to disgrace his memory, because in the
Greek games he had won 1400. crowns, the statue fell upon his head and
crushed him to death. <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>.
His sons accused the
statue as guilty of murder, and the <hi>Thasians</hi> threw it into the Sea; for so was
the law of <hi>Draco</hi> the Athenian, <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>, to banish
every thing that kill'd a man, though it were wood, stones, or hatchets as you
may see in <hi>Demosthenes.</hi>
                        <note place="margin">Orat. contr. A<g ref="char:EOLhyphen"/>ristocratem.</note> These things were tragical detestations and emblema<g ref="char:EOLhyphen"/>tical
prosecutions of the crime; but the men were wiser then to beleeve it
really a punishment to inanimate things. The same is true of beasts in their
proportion, whose cruelty, savageness, or violent revenges is not <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>, but
<gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>
                        <note place="margin">Contr. Celsum.</note> as <hi>Origen</hi> calls it, it is like pravity or wickedness.</p>
                     <p>This thing is so much the more considerable,<note place="margin">11.</note> because it is of use against
the pretences and scruples of some persons in things where they ought to be
confident. S. <hi>Hierom</hi> says that beasts when they are impregnated abstain from
coition till the production of their young, and that this they doe by the law
of nature; now upon this account to impose a law upon mankinde to doe so
too, is weak and dangerous. But yet not onely he<note n="a" place="margin">L. 1. contr. Jo<g ref="char:EOLhyphen"/>vin.</note>, but <hi>Origen</hi>
                        <note n="b" place="margin">Hom. 5. sup. 19 Genes.</note>, S. <hi>Ambrose</hi>
                        <note n="c" place="margin">L. 1. Comm. sup. Luc. 1.</note>,
and <hi>Sedulius</hi>
                        <note n="d" place="margin">In cap. 5. Eph.</note>, doe argue to the same purpose upon that very ground; most
weakly and dangerously exposing married persons to the greater dangers of
<pb n="225" facs="tcp:58903:141"/>
fornication, and depriving them of all the endearments of society, not consi<g ref="char:EOLhyphen"/>dering
that those creatures, and those men whose custome was otherwise, or
laws different, had <hi>vagam libidinem,</hi> or the evil remedy of Polygamy. Beasts
indeed are so ordered by nature, but without a law; as there is no law for Li<g ref="char:EOLhyphen"/>ons
to eat flesh, or Oxengrass, but yet naturally they doe it. A beast may be
cruel or lustful, or monstrous and prodigious in the satisfaction of his appe<g ref="char:EOLhyphen"/>tites;
but not injurious, or the breaker of any sanction, or laws of justice.
There may be <hi>damnum sine injuria facientis datum,</hi> says the law, and it is in<g ref="char:EOLhyphen"/>stanc'd
in beasts. <hi>Neque enim potest animal injuriam fecisse dici, quod sensu caret.</hi>
                        <note place="margin">L. 1. ss. si Qu<gap reason="illegible" resp="#TECH" extent="1 letter">
                              <desc>•</desc>
                           </gap>
                           <g ref="char:EOLhyphen"/>drupes. §. 3.</note>
A beast that hath no sense (that is, no reason) no sense or perception of <hi>lawful</hi>
or <hi>unlawful</hi> cannot be said to doe an injury, and therefore is not capable of pu<g ref="char:EOLhyphen"/>nishment,
because he is incapable of a law. So <hi>Justin Martyr,</hi> or who ever is
the author of the Questions and answers plac'd in his works; <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>.
It is unreason<g ref="char:EOLhyphen"/>able
to exact of beasts the obliquity of their actions, because they have no rea<g ref="char:EOLhyphen"/>son;
it is therefore as unreasonable to make the law of nature to be some<g ref="char:EOLhyphen"/>thing
common to them and us.</p>
                     <p>If it be replied,<note place="margin">12.</note> that the Lawyers and Philosophers mean onely that these
material instances which are common to them and us are the particulars of the
law of Nature, and though they be not a law to them, yet the same things
which they doe naturally, are natural to us, and a law besides, that is, the natu<g ref="char:EOLhyphen"/>ral
law: Besides that this is not usually said by them, we are then never the
nearer to know what is the law of Nature by this description of it, for all
things which they and we doe are not pretended to be laws; as eating and
sleeping; and therefore by what measure any other thing should be a law to
us because they and we doe it, is not signified by this definition, or any expli<g ref="char:EOLhyphen"/>cation
of it. Let us then try the other measures which are usual.</p>
                     <p>
                        <hi>Invited by consent]</hi>
                     </p>
                     <p>The consent of Nations,<note place="margin">13.</note> that is, publick fame amongst all or the wisest Nati<g ref="char:EOLhyphen"/>ons
is a great signification of decency or undecency, and a probable indica<g ref="char:EOLhyphen"/>tion
of the law of nature.
<q>
                           <l>
                              <gap reason="foreign">
                                 <desc>〈 in non-Latin alphabet 〉</desc>
                              </gap>
                           </l>
                           <l>
                              <gap reason="foreign">
                                 <desc>〈 in non-Latin alphabet 〉</desc>
                              </gap>—</l>
                        </q>
It is not a vain noise when many Nations joyn their voices in the attestation or
detestation of an action; and it looks as if it were deriv'd from some com<g ref="char:EOLhyphen"/>mon
principle, which seems either to be <hi>Nature,</hi> or <hi>Contract;</hi> and then as in
the <hi>first case</hi> they are <hi>reasonable,</hi> so in <hi>the second</hi> they are directly <hi>obligatory.
Quod apud multos unum invenitur, non est erratum sed traditum,</hi> said <hi>Tertullian:</hi>
                        <note place="margin">De praescrip<gap reason="illegible" resp="#TECH" extent="1 letter">
                              <desc>•</desc>
                           </gap>.</note>
like that of <hi>Heraclitus,</hi> 
                        <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>, if it seems so to the communities
of mankinde, it is genuine, and natural, and without illusion.</p>
                     <p>Now this is true up to many degrees of probability;<note place="margin">14.</note> and yet it is rather
an index of a permission of nature, then of a natural obligation; it tels us ra<g ref="char:EOLhyphen"/>ther
what <hi>we may</hi> doe, then what <hi>we must,</hi> it being more probable that <hi>all nati<g ref="char:EOLhyphen"/>ons
will not consent to an unnatural thing,</hi> that is, will not doe violence to nature,
then that <hi>whatsoever they commonly act should be a necessary law,</hi> and the measures
of nature, or the indication of her sanctions; and yet it is still more probable
that <hi>the consent of Nations is more fit to be used as a corroberative</hi> to a perswasion
or a kinde of actions, then as the prime motive or introduction. <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>,
<pb n="226" facs="tcp:58903:142"/>
said <hi>Aristotle;</hi> and <hi>ar<g ref="char:EOLhyphen"/>gumentum
est veritatis aliquid omnibus videri,</hi> said <hi>Seneca;</hi> it is a great streng<g ref="char:EOLhyphen"/>thening
and a powerful prevailing argument to have all men consent to our
opinions and propositions. But it is in many moral instances as it is in the uni<g ref="char:EOLhyphen"/>versal
opinion which all mankinde hath concerning jewels, where they consent
no man knows how, or why: And no man can give a rational account why so
great value should be set upon a Diamond, but because it looks prettily and is
lasting: and so there are in nature decencies and lasting proportions in moral
instances between the conscience and the action; but yet as there is no proper
and effective usefulness in Diamonds towards the life of man, so neither is there
in many instances in which the consent of mankinde is very general. And
therefore this is very farre short of a law, and is no certain token of a <hi>permissive
right of nature,</hi> much less of <hi>a law</hi> or <hi>obligation.</hi> For,</p>
                     <p>1. Whole Empires have been established and United by violence,<note place="margin">15.</note> and
have laws given to them, and they receiv'd them in pursuance of the Conque<g ref="char:EOLhyphen"/>rors
interest, and their educations have been form'd accordingly. <hi>Ninus</hi> form'd
the <hi>Assyrian Monarchy,</hi> and his son was flattered into the reputation of a God,
and all the Nations under that Scepter consented to the worship of <hi>Belus;</hi> and
all the Nations with whom these men conversed, imitated the manners of the
<hi>Princeps populus,</hi> and in their banquets, the most modest of their women used
to strip themselves stark naked, and it was counted no undecency, but she was
rude and uncivil that did not.</p>
                     <p>2. There are some Nations so wholly barbarous and bruitish in their
manners,<note place="margin">16.</note> that from their consent we can gather nothing but thorns and wild
briers: They are the words of <hi>Porphyry,</hi> 
                        <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>,
from whom we must not learn to bely and
abuse the fair inclinations and sentences of humane nature. And therefore if
we goe to account by the consent of Nations, we must thrust out all wild, sa<g ref="char:EOLhyphen"/>vage,
barbarous, and untaught people, <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>,
said
<hi>Michael Psellus.</hi>
                        <note place="margin">In Synopsi LI.</note> We must into the account of the law of Nations take them
onely who are subject to Laws, the well manner'd people onely, but then this
also will be an infinite uncertainty. For,</p>
                     <p>3. All Nations to the Greeks were barbarous;<note place="margin">17.</note> to the Romans also all
Nations but the Greeks and themselves: and to the Jews all were Heathens,
which to them signified the same thing or worse.</p>
                     <p>4. And then which are those Nations whom we shall call <hi>Moratiores,</hi>
                        <note place="margin">18.</note> wise
and well manner'd people, for this will depend upon our own customes; if
they be like our customes, our laws, and manners of living then we approve
them, else we condemne them.</p>
                     <p>5. But then let us remember also that civility and fair customs were but
in a narrow circle,<note place="margin">19.</note> till the Greeks and Romans beat the world into better
manners.<note place="margin">Lib 8. Polit. c. 4.</note> 
                        <hi>Aristotle</hi> says, that in his time in the Kingdomes of <hi>Pontus,</hi> which
were very near to Greece, divers Nations were eaters of mans flesh, such as
were the <hi>Achaeans</hi> and <hi>Heniochans,</hi> and divers amongst the <hi>Mediterraneans</hi>
were worse then they.</p>
                     <p>
                        <pb n="227" facs="tcp:58903:142"/>
6. The greatest part of the world were undiscovered till this last age,<note place="margin">20.</note> and
amongst them the <hi>Jus Gen tium</hi> was to sacrifice one another to <hi>Daemons;</hi> for
all the old Navigations were by <hi>Maritime</hi> Towns, and the inlands either were
left alone in their own wilder manners, or it is not known what civilities they
had. So that the <hi>Jus Gentium</hi> must needs have been an uncertain thing, vari<g ref="char:EOLhyphen"/>able
and by chance, growing by accidents, and introduc'd by violence, and
therefore could not be the measure of the law of Nature.</p>
                     <p>7. Adde to these that the several Nations of the world had customes of
their own,<note place="margin">21.</note> which commencing upon uncertain principles, have been derived to
their posterity, and retained with a religious fancy; becoming natural and
proportionable to their fancies and their fears, and they would rather die then
doe an act of violence to them, and beleev'd it to be the greatest impiety in the
world to break them.<note place="margin">In Thalia.</note> 
                        <hi>Herodotus</hi> tells a full instance of this in a triall made by
<hi>Darius</hi> to the Indians and Greeks. He ask'd the Greeks what they would take
to doe as the Indians did who eat their dead Parents and friends and accounted
it the most honourable burial; they answered, They would not doe at it any
price. And when he as'kd the Indians upon what conditions they would be
induc'd to burn the bodies of their Fathers, and not to eat them, they desired
him not to speak to them of any such horrid impiety as to burn their Fathers
careasses, and to deny to them the honour of a natural burial in the bowels of
their dear children. <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>. Custome is the <hi>Genius</hi> or spirit of a mans
actions, and introduces a nature, a facility, a delight, and religion it self. <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>.<note place="margin">Arist. Rheot<gap reason="illegible" resp="#TECH" extent="2 letters">
                              <desc>••</desc>
                           </gap>. l. 1. c. 11.</note>
Custome is
as nature, and that to which we are accustomed is like that which we were
born. <hi>For that which is often is next to that which is always.</hi> It is <hi>nature</hi> which
is <hi>always,</hi> that is <hi>custome</hi> which is <hi>frequent:</hi> It is possible that nature in many
things should be altered, and it is very difficult that custome should in any
thing; we have seen and heard it in a great instance in a few ages last past. For
when some of the reformed Doctors by their private authority did twice at<g ref="char:EOLhyphen"/>tempt
it, and the Church of <hi>Rome</hi> did twelve times publickly endevour it, to
get the Greeks to forsake the customes of their Churches, and to reform them<g ref="char:EOLhyphen"/>selves
by their copy, they were all repulsed; and if the Greek Prelates should
take the people off from their old customes, besides that the great Turk would
doe them a mischief for complying with the Western Christians his Enemies,
the people themselves would indanger all their Religion and turn Turks, if
they once did learn that their old customes were not necessary Religion: and
therefore they chose to stick secure in their Religion though allayed with some
errors, then for the purchase of a less necessary truth endanger the whole Re<g ref="char:EOLhyphen"/>ligion
by taking the people off from their <hi>Jura Gentis,</hi> the customs of their Na<g ref="char:EOLhyphen"/>tion.</p>
                     <p>8. Some Nations doe refuse to admit of some of those Laws which
others call the laws of Nature,<note place="margin">22.</note> and such which ineed were given to all the Na<g ref="char:EOLhyphen"/>tions
of the world.
<q>
                           <l>—Non foedera legum</l>
                           <l>Ulla colunt, placidas aut jura tenentia mentes.<note place="margin">V<gap reason="illegible" resp="#TECH" extent="1 letter">
                                    <desc>•</desc>
                                 </gap>. F<gap reason="illegible" resp="#TECH" extent="1 letter">
                                    <desc>•</desc>
                                 </gap>c<gap reason="illegible" resp="#TECH" extent="1 letter">
                                    <desc>•</desc>
                                 </gap>.</note>
                           </l>
                        </q>
and excepting the care of children, to which by natural likeness and endear<g ref="char:EOLhyphen"/>ments
we love to be oblig'd, and so less stand in need to be tied to it by a law,
excepting this I say, to which beasts also doe as well as we, some wise persons
have observ'd that in all things else we are at liberty, that is, naturally tied to
no law.
<pb n="228" facs="tcp:58903:143"/>
                        <q>
                           <l>
                              <gap reason="foreign">
                                 <desc>〈 in non-Latin alphabet 〉</desc>
                              </gap>,<note place="margin">
                                 <gap reason="illegible" resp="#TECH" extent="1 span">
                                    <desc>〈…〉</desc>
                                 </gap>.</note>
                           </l>
                           <l>
                              <gap reason="foreign">
                                 <desc>〈 in non-Latin alphabet 〉</desc>
                              </gap>
                           </l>
                           <l>
                              <gap reason="foreign">
                                 <desc>〈 in non-Latin alphabet 〉</desc>
                              </gap>
                           </l>
                           <l>
                              <gap reason="foreign">
                                 <desc>〈 in non-Latin alphabet 〉</desc>
                              </gap>.</l>
                        </q>
But the instances will make greater indication of this any mans affirmative.
The <hi>Idumaeans</hi> are Theeves and Murderers, and will not beleeve that they doe
amiss: The manner of their Nation is to live very much upon robbery, and
plundring Merchants: and in <hi>Homers</hi> time there was a Nation of Pirates: <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>,
said the <hi>Scholiast</hi> upon
<hi>Homers</hi> Odysses <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>. They thought it no disparagement to steal, but an honou<g ref="char:EOLhyphen"/>rable
and a glorious thing; and it is worse now, and hath been growing so
ever since <hi>Nimrods</hi> time. Men account it lawful to kill and steal, if they doe it
by Nations, by Companies, and Armies, and Navies: and <hi>Cato</hi> had reason to
complain, <hi>Fures privatorum furtorum in nervo atque in compedibus aetatem
agunt,</hi>
                        <note place="margin">L. 11. cap. 18.</note> 
                        <hi>fures publici in auro atque in purpurâ;</hi> and particularly <hi>A. Gellius</hi> tells of
the Egyptians that they allow of thefts; and the wiser Lacedemonians, a sober
and a severe people, taught their young men to steal without covetousness; so
they pretended, not to enrich themselves, but to incourage them to fight the
bet<gap reason="illegible" resp="#TECH" extent="1 letter">
                           <desc>•</desc>
                        </gap>er by plundring well.<note place="margin">Lib. 1. c. 8.</note> 
                        <hi>Pomponius Mela</hi> tells of the <hi>Augitae,</hi> a Nation in <hi>Afri<g ref="char:EOLhyphen"/>ca</hi>
whose custome it was that every bride should be prostitute to all commers
the first night, and she who had entertain'd most, was most honoured: and
<hi>Solinus</hi> tells of the <hi>Garamantici</hi> that they know no marriages,<note place="margin">C<gap reason="illegible" resp="#TECH" extent="1 letter">
                              <desc>•</desc>
                           </gap>p. 43.</note> and therefore chil<g ref="char:EOLhyphen"/>dren
onely own their Mothers, for they can hardly guess at their Fathers; and
indeed the old world did doe fuch vile things, contracted such base customes,
so delighted in wickedness, that as they highly provoked God to anger, so they
left it impossible to judge of the laws of nature by the consent of Nations. <hi>Pro<g ref="char:EOLhyphen"/>pertius</hi>
complains severely of this popular impiety.
<q>
                           <lg>
                              <l>Sed postquam tellus scelere est imbuta nefando,<note place="margin">
                                    <gap reason="illegible" resp="#TECH" extent="1 span">
                                       <desc>〈…〉</desc>
                                    </gap>
                                 </note>
                              </l>
                              <l>Justitiamque omnes cupidâ de mente fugarunt,</l>
                              <l>Perfudêre manus fraterno sanguine fratres,</l>
                              <l>Destitit extinctos natus lugere Parentes,</l>
                              <l>Optavit genitor primaevi funera nati,</l>
                              <l>Liber ut innuptae potiretur flore Novercae:</l>
                              <l>Ignaro mater substernens se impia nato,</l>
                              <l>Impia non verita est Divos scelerare penates,</l>
                              <l>Omnia fanda, nefanda malo permista furore</l>
                              <l>Justificam nobis mentem avertêre Deorum.</l>
                           </lg>
                           <p>The whole earth grew so impure and degenerous, that they drave justice from
them as their Enemy; brothers wash'd their hands in their brothers bloud; the
sons mourn'd not at their Fathers funeral; and the Father wish'd the death of
his eldest son, that he might lie with his sons wife; the Mothers would steal
secretly into the embraces of their sons; and they feared not to break the
laws of Hospitality, or Custome, or Nature, or of Societies. Now from
hence it will be impossible to derive our customes, and so to suppose them to
be laws of Nature, which are openly destructive of justice. </p>
                        </q>
And upon this last
instance it appears that the saying of <hi>Polybius</hi> will be of no use to us in this que<g ref="char:EOLhyphen"/>stion;
<gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>.
That <hi>for the laws of Nature we must seek amongst them that live accor<g ref="char:EOLhyphen"/>ding
to nature, not amongst them whose natures are deprav'd by custome;</hi> since as
<hi>Andronicus</hi> of <hi>Rhodes</hi> was wont to say, <hi>He lies not that says honey is sweet, though
a sick man refuses it as bitter and unpleasant;</hi> so is the law of Nature per<gap reason="illegible" resp="#TECH" extent="1 letter">
                           <desc>•</desc>
                        </gap>ect and
immutable in those Nations who are endued with a sound minde and a sober
<pb n="229" facs="tcp:58903:143"/>
judgement. This indeed is true, but how this can be reduc'd to practice, will
be found inexplicable, and the thing it self impossible: since the <hi>Lacedaemoni<g ref="char:EOLhyphen"/>ans</hi>
the wisest and severest amongst all Commonwealths permitted such natu<g ref="char:EOLhyphen"/>ral
injustices, and would breed children upon their own wives by strangers that
they might have a good and a handsome breed.</p>
                     <p>9. Some Tyrants have made Laws to serve their lusts,<note place="margin">23.</note> or their necessi<g ref="char:EOLhyphen"/>ties,
and these things have come into Customes, and Laws of Nations, and
sometimes have been suppressed, or spent in desuetude. It was the case of <hi>So<g ref="char:EOLhyphen"/>leucus,</hi>
who in the necessity of his son <hi>Antiochus</hi> gave him his own wise,<note place="margin">App<gap reason="illegible" resp="#TECH" extent="1 letter">
                              <desc>•</desc>
                           </gap>an. d<gap reason="illegible" resp="#TECH" extent="1 letter">
                              <desc>•</desc>
                           </gap> B<gap reason="illegible" resp="#TECH" extent="1 letter">
                              <desc>•</desc>
                           </gap>l. Sy<gap reason="illegible" resp="#TECH" extent="2 letters">
                              <desc>••</desc>
                           </gap>
                        </note> and
made it a Law for the future, which thing either was instantly disgrac'd and re<g ref="char:EOLhyphen"/>jected,
or else S. <hi>Paul</hi> had not heard, or had not taken notice of; for he thought
it such a fornication as was not so much as named amongst the Gentiles that
one should have his Fathers wife: indeed it was not named <hi>inter cordatiores,</hi> or
those with whom he had conversed; but in <hi>Syria</hi> and in the <hi>Pontick</hi> Kingdome
before his time, it had been named and practiced and pass'd into a Law; and
yet that Kingdome consisted of two and twenty Nations of distinct languages.
There was another instance like it spoken of by <hi>Cicero,</hi>
                        <note place="margin">Orat. pro C<gap reason="illegible" resp="#TECH" extent="1 letter">
                              <desc>•</desc>
                           </gap>a.</note> that a woman married
her daughters husband, which exactly was the same undecency and incestuous
approach. <hi>Nubit genero Socrus, auspicibus nullis, nullis authoribus, funestis omini<g ref="char:EOLhyphen"/>nibus.
O mulieris scelus incredible &amp; praeter hanc unam in omni vita inauditum.</hi>
Something like S. <hi>Pauls</hi> 
                        <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>, but yet sometimes it was done,
and not onely before his time, but long after this monition also, as it was in the
case of <hi>Antonius Caracalla: Matrem duxit Uxorem; od parricidium junxit ince<g ref="char:EOLhyphen"/>stum:</hi>
So <hi>Spartianus.</hi> Now concerning these things, how can any man from
hence take an estimate of the law of Nature; for this cannot be of the law of
Nature which hath in it so unreasonable and unnatural complications; and yet
by what rule shall we judge of natures Law, since the wisest persons, even <hi>So<g ref="char:EOLhyphen"/>crates</hi>
and <hi>Cato</hi> did such things which they thought fit, and we call unreason<g ref="char:EOLhyphen"/>able,
for they gave their wives to their friends, as a man lends his beast for his
neighbours use.</p>
                     <p>10. There are some Nations so used to a rude unmannerly pride and
fierceness,<note place="margin">24.</note> that all civility seems softness and effeminacy. To this purpose is
that which <hi>Tacitus</hi> reports of the son of <hi>Phraates</hi> the <hi>Parthian,</hi> who being bred
up with <hi>Tiberius</hi> and efform'd into the Romane civilities was by the Prince <gap reason="illegible" resp="#TECH" extent="1 word">
                           <desc>〈◊〉</desc>
                        </gap>
friend sent to the Kingdome of <hi>Parthia;</hi> but in the young Gentleman <gap reason="illegible" resp="#TECH" extent="1 word">
                           <desc>〈◊〉</desc>
                        </gap>
there were presently observed easiness of access, a fair civil deportment and
affability; <hi>obvia comitas:</hi> But these virtues being unknown to the <hi>Parthians</hi>
were <hi>nova vitia;</hi> and because they were unknown to their Ancestors, <hi>perinde
odium pravis &amp; honestis,</hi> the good and the bad amongst them did equally detest
them.</p>
                     <p>11. Some Nations have left their good Customes and taken up bad,<note place="margin">25.</note> and
have chang'd their natural reason into unnatural follies, and the basest sins
have been very general; and when God warned the Jews to take heed of the
manners of their neighbour Nations, he enumerates vile lusts which were the
national customs for which God affirms that he ejected them from their habi<g ref="char:EOLhyphen"/>tations.</p>
                     <p>12. Lastly,<note place="margin">26.</note> there is no consent among nations in their Customs, nor ever
was until a higher principle made a law and tied it on with penalties; such as
were conquest, necessity, contract, reputation, decrees of Princes, or the laws
of God, or of a Religion.<note place="margin">Maxim. Ty<gap reason="illegible" resp="#TECH" extent="1 letter">
                              <desc>•</desc>
                           </gap> Dissert. <gap reason="illegible" resp="#TECH" extent="1 letter">
                              <desc>•</desc>
                           </gap>.</note> 
                        <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>,
<pb n="230" facs="tcp:58903:144"/>
and neither Nation with Nation, nor Man with Man, nor a Man
with himself does long agree.</p>
                     <p>Indeed there are some propositions which all the world agrees upon,<note place="margin">27.</note>
such as are, the immortality of the soul, and that there is a God. <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>.
<hi>The Greek and the Barbarian, the Epirot and the Maritime, the wise and the
unwise agree in the beleef and profession of a God:</hi> but when these things come to
manners and customes, they differ infinitely; and as they anciently chose se<g ref="char:EOLhyphen"/>veral
gods, so they did not agree in the manner of worshipping their gods;
some they worshipped by praises, and some by railing, some by giving sacri<g ref="char:EOLhyphen"/>fice,
some by throwing stones; and so it was in other things. Some were ob<g ref="char:EOLhyphen"/>servant
of their Parents, and some knock'd them on the head with clubs when
they came to a certain age, as is to be seen in <hi>Aelian;</hi> and even in the taking
care and educating their children, in which nature seems most to have made a
law, and signified it with the consent of Nations, yet even in this also there was
variety, and no universal law naturally established. For some nursed their
children, and some did not; sometimes they were left to their Mothers with<g ref="char:EOLhyphen"/>out
any provision made by their Fathers; sometimes the Fathers took them
from their Mothers, but however, yet this cannot be properly derived from a
<hi>Jus Gentium,</hi> for if it be a right or a law at all, it is a <hi>lex singulorum,</hi> it belongs
to single persons and to families, and is common to man and beast, and hath
a necessity in nature, as it is necessary to eat or sleep, and is as necessary to fa<g ref="char:EOLhyphen"/>milies
as the other are to single persons, but where there is a necessity, there
needs no law, and cannot properly be any.</p>
                     <p>From all which I conclude that the <hi>Jus Gentium,</hi>
                        <note place="margin">28.</note> the law of Nations is
no indication of the law of Nature;<note place="margin">See the preface to the Great Exempl<gap reason="illegible" resp="#TECH" extent="1 letter">
                              <desc>•</desc>
                           </gap>r. n. 23.</note> neither indeed is there any <hi>Jus Gentium</hi>
collectively at all, but onely the distinct laws of several Nations; and therefore
it is to be taken distributively; for they are united onely by contract, or imita<g ref="char:EOLhyphen"/>tion,
by fear, or neighbourhood, or necessity, or any other accident which I
have mentioned. And in those things in which they have agreed tacitely, or
expresly, they have no obligation but what they bring upon themselves, as pe<g ref="char:EOLhyphen"/>nalties,
forfeitures, obloquies, and the like; which they as easily shake off when
they have power, and when it is for their profit; and we see it in those who have
killed Heralds or Ministers of peace and of Religion; which we say commonly
is against the law of Nations; that is, it is against the custome of them, be<g ref="char:EOLhyphen"/>cause
to doe so is to no purpose, a spleenish ineffective malice; and therefore
although of no usefulness, and consequently seldome done; yet it hath been
sometimes, and no punishment follows, and therefore it is no law.</p>
                     <p>Now that this opinion may not wholly seem new,<note place="margin">29.</note> I finde something of
it affirmed by <hi>Constantinus Harmenopulus,</hi>
                        <note place="margin">Lib. 1. tit. 1. Prochir.</note> 
                        <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>.
The law of Nations is that which one or more Nations use;
and he instances in not marrying their nearest kinred, amongst the Greeks and
<hi>Saurae [Sarmatae</hi> (I suppose)] or else to marry them as the <hi>Persians</hi> use. But
this onely, where it happens that Nations doe consent in great proportions,
it confirms our assent to the law, and publishes its being natural, in case that
of it self it be so.</p>
                     <p>
                        <hi>Prompted by reason.]</hi>
                     </p>
                     <p>
                        <hi>Cicero</hi> defines the law of Nature to be,<note place="margin">30.</note> 
                        <hi>Vera ratio naturae congruens, diffusa
in omnes,</hi>
                        <note place="margin">Lib. de Repub.</note> 
                        <hi>constans, sempiterna:</hi> That right reason which is consonant to nature,
<pb n="231" facs="tcp:58903:144"/>
which is in every one always and the same, that is the law of Nature: So he,
and from him <hi>Lactantius;</hi> but that is not exactly true. Right reason is the
instrument of using the law of Nature, and is that by which together with
the Conscience (which is also reason) we are determined to a choice and pro<g ref="char:EOLhyphen"/>secution
of it our selves, or to a willingness of obeying the obliging power.
<gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>. Reason en<g ref="char:EOLhyphen"/>tertains
the Divine laws (of nature) and so is made a most vigilant Judge, said
<hi>Hierocles.</hi> This is that which distinguishes us from beasts, and makes us capable
of Laws.
<q>
                           <l>—Separat haec nos</l>
                           <l>A grege mutorum,<note place="margin">Juven. Sat. 1<gap reason="illegible" resp="#TECH" extent="1 letter">
                                    <desc>•</desc>
                                 </gap>.</note> atque ideò venerabile soli</l>
                           <l>Sortiti ingenium, divinorúmque capaces,</l>
                           <l>Atque exercendis, capiendísque artibus apti,</l>
                           <l>Sensum à coelesti demissum traximus arce.</l>
                        </q>
                     </p>
                     <p>* But reason is not the law, or its measure; neither can any man be sure, that
any thing is a law of Nature, because it seems to him hugely reasonable, nei<g ref="char:EOLhyphen"/>ther
if it be so indeed, is it therefore a law. For it is very reasonable that every
man should choose his own wife, because his interest is the greatest: * That
every man should suffer as much evil as he does; * That a man be not pu<g ref="char:EOLhyphen"/>nished
for evils that he cannot help; * That every man should suffer for his
own fault, and no man for the fault of another; and yet these are not laws in
all places where they are reasonable. <hi>Pythagoras</hi> in <hi>Laertius</hi> said that which
was very reasonable. <hi>Plantae mansuetae non nocendum, veluti neque animali quod
non noceat hominibus.</hi> A man may not hurt a gentle and a sweet plant, much
less, a harmless and a profitable beast. Truly, it is unreasonable a man should,
but if he does, he breaks no law by the meer doing such an action. For rea<g ref="char:EOLhyphen"/>son
can demonstrate, and it can perswade and invite, but not compel any
thing but <hi>assent,</hi> not <hi>obedience,</hi> and therefore it is <hi>no law.</hi>
                     </p>
                     <p>But besides this,<note place="margin">31.</note> Reason is such a boxe of Quicksilver that it abides no
where; it dwells in no setled mansion; it is like a doves neck, or a change<g ref="char:EOLhyphen"/>able
Taffata; it looks to me otherwise then to you who doe not stand in
the same light that I doe: and if we inquire after the law of Nature by the
rules of our reason, we shall be uncertain as the discourses of the people, or
the dreams of disturbed fancies. For some having (as <hi>Lucian</hi> calls it)
weighed reasons in a pair of scales thought them so even, that they conclu<g ref="char:EOLhyphen"/>ded
no truth to be in the reasonings of men; or if there be, they knew not
on which side it stood, and then it is, as if it were not at all; these were the
<hi>Scepticks:</hi> and when <hi>Varro</hi> reckoned two hundred eighty eight opinions
concerning the cheefest good or end of mankinde, that were entertained
by the wisest and most learned part of mankinde, it is not likely that these
wise men should any more agree about the intricate ways and turnings that
lead thither, when they so little could agree about the journeys end, which
all agreed could have in it no variety, but must be one, and ought to
stand fair in the eyes of all men, and to invite the industry of all mankinde
to the pursuit of it.</p>
                     <p>And it is certain,<note place="margin">32.</note> that the basest of things have been by some men
thought so reasonable, that they really chose it, and propounded it to others.
And this is the less wonder, when we consider that in defiance of all the consen<g ref="char:EOLhyphen"/>ting
reasons, and faith of all the Nations of the world, some few single persons,
<pb n="232" facs="tcp:58903:145"/>
                        <hi>wittier then folly, but not so wise as Reason</hi> or religion should say that there
is no God: such were <hi>Diagoras Milesius, Theodorus Cyrenaicus, Protagoras;</hi>
and it is thought, <hi>Lucian</hi> also: But they that think so, must also con<g ref="char:EOLhyphen"/>sequently
beleeve that nothing is dishonest that they can doe in private,
or with impunity. * Some have beleeved that there is nothing in it selfe
just, but what is profitable: So did <hi>Carneades</hi> (whom I before noted out
of <hi>Lactantius</hi>) and so did <hi>Aristippus.</hi>
                     </p>
                     <p>Now here it is not sufficient to say,<note place="margin">33.</note> that in this inquest after the law
of nature by the proportions of reason, we must exclude all unreasonable,
bruitish, and monstrous persons. For first the question will returne, who
those are which are unreasonable, and we are not to reject the opinion upon
pretence it is unreasonable, unless we first know some certain measures of
reason: Now we cannot take our measures of <hi>reason from Nature;</hi> or if we
doe we cannot take the <hi>measures of Nature from reason,</hi> that is, if we call
men unreasonable because they speak <hi>Unnatural</hi> things, then it must be cer<g ref="char:EOLhyphen"/>tain
that what is <hi>natural</hi> or <hi>unnatural</hi> is known some other way then by the
proportions of reason; for the reason being misliked for its disproportion to
<hi>Nature,</hi> the laws of nature must be foreknown, and therefore are not to be
proved by that which comes after: besides this (I say) the wisest of Men in
their profession, and such as were no fools in their persons, so far as can ap<g ref="char:EOLhyphen"/>pear
by all their other discourses, have beleeved the worst of crimes to be in<g ref="char:EOLhyphen"/>nocent,
and to have in them no natural dishonesty. <hi>Theodorus</hi> allowed of
<hi>Sacrilege,</hi> and so do thousands who at this day call themselves Christians:
<hi>Plato</hi> allowed adultery, and community of wives; so did <hi>Socrates</hi> and <hi>Cato.
Zeno</hi> and <hi>Chrysippus</hi> approved of incest, and so did the Persians: So that
we may well say as <hi>Socrates</hi> to <hi>Phaedon;</hi> when we hear the name of <hi>Silver</hi> or
<hi>Iron</hi> all men that speak the same language understand the same thing: but
when we speak of <hi>good</hi> and <hi>evil,</hi> we are distracted into various apprehen<g ref="char:EOLhyphen"/>sions
and differ from each other and from our selves: we say as <hi>Pilate</hi> said of
truth, <hi>What is truth?</hi> we cannot tell what is true and what is good and
what is evil; and every man makes his own opinions to be laws of nature,<note place="margin">Lib. de anima cap. 2.</note> if his
persuasion be strong and violent. <hi>Tertullian</hi> complain'd that the old Philo<g ref="char:EOLhyphen"/>sophers
did so: <hi>leges naturae opiniones suas facit [Philosophia.]</hi> And yet it is
without all peradventure that all lawes which are commonly called <hi>Natural</hi>
are most <hi>reasonable,</hi> they are perfective of Nature, unitive of Societies, ne<g ref="char:EOLhyphen"/>cessary
to common life, and therefore most agreeable to reason. But if you
make an <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap> of these, and reckon backward, you cannot wisely and de<g ref="char:EOLhyphen"/>monstratively
reckon from reason, or consent or natural inclinations up to
natural laws.</p>
                     <p>But the last clause of the Rule finishes this whole question,</p>
                     <p>
                        <hi>[Bound upon us by the Command of God]</hi>
                     </p>
                     <p>For when God made man a free agent, he by nature gave him power
to do all that he could desire:<note place="margin">34.</note> and all that is <hi>Jus naturale,</hi> a natural right or
power: and it needs no instances; for it is every thing he could desire in
<hi>eating</hi> and <hi>drinking</hi> and <hi>pleasures</hi> and <hi>rule</hi> and <hi>possession:</hi> but the law was super<g ref="char:EOLhyphen"/>induc'd
upon this. <hi>Right is liberty,</hi> but <hi>law is a fetter;</hi> Nature is free to
every thing which it naturally desires <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>
said <hi>Dio Chrysostomus:</hi> That's the right
of nature, to be free, to be subject to no law, to do absolutely whatsoever
<pb n="233" facs="tcp:58903:145"/>
Pleases us. This is <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap> (as the law calls it) <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>.
A natural liberty permitting us to do what we list, <hi>Libertati pro<g ref="char:EOLhyphen"/>prium
est sic vivere ut velis,</hi> said <hi>Cicero</hi> de Offic. lib. 1. It is not liberty un<g ref="char:EOLhyphen"/>less
you live as you please: but servitude is not by nature, therefore liberty is.
<hi>l.</hi> 5. <hi>D. de statu hominum. Instit. de jure personarum</hi> §. <hi>&amp; libertas.</hi> For where na<g ref="char:EOLhyphen"/>nature
hath an appetite, and proper tendency, it cannot deny to it self satis<g ref="char:EOLhyphen"/>faction;
whatsoever therefore is a law and a restraint to it, must needs be su<g ref="char:EOLhyphen"/>perinduc'd
upon it: which nature her self cannot be supposed to be wil<g ref="char:EOLhyphen"/>ling
to doe; and nothing had power to doe but God onely who is the
Lord of Nature.
<q>
                           <l>—<gap reason="foreign">
                                 <desc>〈 in non-Latin alphabet 〉</desc>
                              </gap>
                           </l>
                           <l>
                              <gap reason="foreign">
                                 <desc>〈 in non-Latin alphabet 〉</desc>
                              </gap>.</l>
                        </q>
It was God that gave justice to Mankinde: he made justice by his sanction:
This was expressely the sentence of <hi>Cicero</hi> speaking of the law of nature: <hi>Est
recta ratio à Numine Deorum tracta, imperans honesta &amp; prohibens contraria:</hi>
and again, <hi>Lex vera at<expan>
                              <am>
                                 <g ref="char:abque"/>
                              </am>
                              <ex>que</ex>
                           </expan> princeps apta ad jubendum &amp; ad vitandum ratio est
recta summi Jovis.</hi> The law of nature is a transcript of the wisdome and
will of God written in the tables of our minds, not an <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>, a
product of experience, but written with the finger of God, first in the tables
of our hearts. But those tables we like <hi>Moses</hi> brake with letting them fall out
of our hands, upon occasion of the evil manners of the world: but God
wrought them again for us, as he did for <hi>Moses</hi> by his spirit, in all the ages of
the world, more or less, by arts of instruction and secret insinuation, by all
the waies proportioned to a reasonable nature; till from an <hi>inclination</hi> it
came to a <hi>firme persuasion</hi> and so to a <hi>law:</hi> God, in this, ruling in our
hearts somthing after the manner by which he reigns in heaven, even by
significations of what is fit, by inspirations and congenite notices, by na<g ref="char:EOLhyphen"/>tural
necessities: but this thing was yet no law till God also had signifi'd it
to Men, after the manner of men, that is, by discourse and humane
Communications, by something that taught them, and obliged them.</p>
                     <p>The sense of this is,<note place="margin">35.</note> that <hi>religion</hi> is the first and greatest bond of laws,
and necessity is the next: For though many times it prevails more then reli<g ref="char:EOLhyphen"/>gion,
yet it is not alwaies incumbent, and that which is necessary to society,
is inconvenient in some cases, and when <hi>power</hi> comes in, and <hi>need</hi> goes out,
there is nothing which can make or continue the law: and it were impossible
that all the world should acknowledge any lawgiver but God; for nothing else
could be greater then all mankind, nor be trusted in all cases, nor fear'd but
he alone. And therefore the heathen Princes when they gave their lawes, gave
them in the Name of a Deity. So <hi>Numa, Lycurgus,</hi> and others; which was
not a designe to scare fools and credulous people, but in some instances
(excepting onely that they nam'd a false God) was a real truth; that is, in all
those things which commanded natural justice, honesty and decencies: for
these were really the lawes of the true God.</p>
                     <p>For the law of Nature is nothing but the law of God given to
Mankinde for the conservation of his Nature and the promotion of his
perfective end.<note place="margin">36.</note> A law of which a man sees a reason and feels a neces<g ref="char:EOLhyphen"/>sity:
<hi>God</hi> is the lawgiver. <hi>Practical reason</hi> or <hi>conscience is the record,</hi> but
<hi>revelation</hi> and expresse declaring it, was the first <hi>publication</hi> and emission of
it, and till then it had not all the solemnities of law, though it was pass'd
in the Court, and decreed and recorded.</p>
                     <p>
                        <pb n="234" facs="tcp:58903:146"/>
And this is the perfect meaning of those words of S. <hi>Paul [but for
the law I had not known sin]</hi> that is,<note place="margin">37.</note> although by natural reason and the
customes of the world I had or might have reasons to dislike many actions;
yet till the law declar'd it I could not call any thing a sin, and if S. <hi>Paul</hi> could
not, neither could the Gentiles: their Nature was alike, and S. <hi>Paul</hi> had advan<g ref="char:EOLhyphen"/>tage
in education, and yet his nature could not instruct him in the Names and
differences of good and evil; therefore neither could the Gentiles know it meer<g ref="char:EOLhyphen"/>ly
by Nature. But yet a man may <hi>become a law unto himself:</hi> So S. <hi>Paul observes</hi>
of the Gentiles who <hi>not having a law doe by Nature the things contain'd
in the law, and so become a law unto themselves.</hi> So does every man who be<g ref="char:EOLhyphen"/>leeves
any thing to be necessary, though it be not so; yet <hi>he becomes a law to
himself,</hi> because by his conscience and persuasion he makes to himself a law or
obligation: much more might the Gentiles do so; in whose Nature the aptnes<g ref="char:EOLhyphen"/>ses
to justice and disposition to laws were concreated with their understandings.
Well might they <hi>become a law unto themselves</hi> in these natural instances; for
if opinion can make a law to our selves in an unlawful matter, much more
may it doe so in a matter that is so agreeable to our Nature, so sitting, so useful,
so prepared to become a law, that it wants onely the life of authority, sancti<g ref="char:EOLhyphen"/>on
and publication: but though the Gentiles became a law unto themselves,
by this means: yet their Natural reason was not yet fram'd into a law, till
Gods authority, either by his express declaration, or by the conscience of the
man, that is, <hi>directly</hi> or <hi>indirectly</hi> did intervene: <hi>testimonium reddente consci<g ref="char:EOLhyphen"/>entiâ,</hi>
so S. <hi>Paul, their conscience bearing witness:</hi> for either God published
these lawes by express declaration and voices, or else by imprinting upon the
Conscience such fears and opinions that pass'd upon the man the reverence
and obligation of Lawes. In both these there was variety: though in the
latter there was amongst the better sort of men a more regular and universal
influence and effect: and although it is very probable that all the measures of
justice and natural lawes of honesty were expressly published to the Patriarchs
of the great families of the world, yet when some of the posterity lost their
tradition, these laws were maintain'd by more imperfect relations, and kept
up by fears and secret opinions which the spirit of God who is never wanting
to men in things necessary, was pleas'd in his love to Mankinde to put into
the hearts of men, that men might be governed by instruments which would
not fail.</p>
                     <p>Thus S.<note place="margin">38.</note> 
                        <hi>Hierome</hi>
                        <note n="a" place="margin">Epist. 151. ad Algas. q. 8.</note> affirmes that <hi>Pharaoh</hi> knew his sins by the law of Na<g ref="char:EOLhyphen"/>ture:
and of this it was that <hi>Tertullian</hi>
                        <note n="b" place="margin">Adrv Judxos c. 2.</note> affirmed; <hi>ante legem Moysi scriptam in
tabulis lapideis, legem fuisse contendo non scriptam, quae naturaliter intelligebatur
&amp; à patribus custodiebatur: Nam unde</hi> Noë <hi>justus inventus est si non illum
naturalis legis justitia praecedebat? Unde</hi> Abraam <hi>amicus Dei deputatus, si
non de aequitate &amp; justitia legis hujus Naturalis?</hi> by this the Fathers liv'd,
by this <hi>Noah</hi> was <hi>found just,</hi> and <hi>Abraham the friend of God:</hi> for this though
not written in Tables of stone, yet it was written in the tables of their hearts;
that is, it was by God so imprinted in their Consciences that they were by it
sufficiently instructed how to walk and please God; and this is that which was
said by <hi>Antigonus</hi> in <hi>Sophocles,</hi> and which <hi>Apollonius</hi> did use against the edict
of <hi>Nero.</hi>
                        <q>
                           <lg>
                              <l>
                                 <gap reason="foreign">
                                    <desc>〈 in non-Latin alphabet 〉</desc>
                                 </gap>,</l>
                              <l>
                                 <gap reason="foreign">
                                    <desc>〈 in non-Latin alphabet 〉</desc>
                                 </gap>,</l>
                              <l>
                                 <gap reason="foreign">
                                    <desc>〈 in non-Latin alphabet 〉</desc>
                                 </gap>.</l>
                              <l>
                                 <gap reason="foreign">
                                    <desc>〈 in non-Latin alphabet 〉</desc>
                                 </gap>
                              </l>
                              <l>
                                 <gap reason="foreign">
                                    <desc>〈 in non-Latin alphabet 〉</desc>
                                 </gap>
                              </l>
                              <l>
                                 <pb n="235" facs="tcp:58903:146"/>
                                 <gap reason="foreign">
                                    <desc>〈 in non-Latin alphabet 〉</desc>
                                 </gap>.</l>
                              <l>
                                 <gap reason="foreign">
                                    <desc>〈 in non-Latin alphabet 〉</desc>
                                 </gap>
                              </l>
                              <l>
                                 <gap reason="foreign">
                                    <desc>〈 in non-Latin alphabet 〉</desc>
                                 </gap>.</l>
                           </lg>
                           <p>This is a thing which neither heaven nor hell hath taught by any new or ex<g ref="char:EOLhyphen"/>press
sanction: For God hath given us other laws. But never did I think
that thy commands could ever prevail so, that it could be possible that thou
being a mortal man should prevaricate the unwritten and potent laws of
God. For these laws are not of to day or yesterday, but they are eternal, and
their principle is secret, and from within.</p>
                        </q>
                     </p>
                     <p>And therefore <hi>Philo</hi> saies,<note place="margin">39.</note> the law of nature is <hi>a law</hi> 
                        <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>
                        <hi>engraven in an immortal Understanding by
an immortal nature.</hi> In this whole affair, God is as the Sun, and the Con<g ref="char:EOLhyphen"/>science
as the Eye: or else God or some Angel from him being the <hi>intellectus
agens</hi> did informe our reason, supplying the place of Natural faculties and
being a continuall <hi>Monitor</hi> (as the Jews generally beleeve, and some Christians,
especially about three or four ages since:) which <hi>Adam de Marisco</hi> was wont
to call <hi>Helias his Crow:</hi> something slying from heaven with provisions for
our needs. And the <hi>Gloss.</hi> and <hi>Gulielmus Parisiensis,</hi> and before them <hi>Maimo<g ref="char:EOLhyphen"/>nides,</hi>
from whom I suppose they had it, affirme this to be the meaning of
<hi>David</hi> in the fourth Psalme, <hi>Offer the sacrifice of righteousness;</hi> it follows, <hi>Quis
monstrabit? Who will shew us any good?</hi> who will tell us what is justice, and
declare the measures of good and evil? He answers, <hi>Signatum est super nos lu<g ref="char:EOLhyphen"/>men
vultûs tui Domine,</hi> thou hast consign'd the light of thy Countenance up<g ref="char:EOLhyphen"/>on
us, <hi>ut scilicet</hi> (as it is in another Psalme) <hi>in lumine tuo videamus lumen, that in
thy light we may see light.</hi>
                     </p>
                     <p>The effect of all which is this onely,<note place="margin">40.</note> That God is our lawgiver, and hath
made our hearts to be the Tables of the laws of nature, that they might al<g ref="char:EOLhyphen"/>waies
be there under our eye, legible and clear. It is not a law for being plac'd
there; but God first made or decreed it to be a law, and then plac'd it there
for use, and promulgation: and although very many men, and nations had
no entercourse with God as a lawgiver but what they have by the means of
their conscience, that is, they never heard God speak, had no prophets, no reve<g ref="char:EOLhyphen"/>lation,
and have forgot the tradition of their fathers; yet when God by ways
undiscernible hath written a proposition there, and that the Man does beleeve
any thing to be good or evil: it is true that God is his lawgiver, because he
onely is Lord of his Conscience: but it is also true: that <hi>he becomes a law
unto himselfe:</hi> that is, he becomes oblig'd to God by the act of his own con<g ref="char:EOLhyphen"/>science;
and however it be that his conscience be wrought upon, though by
a fancy or a fear, a sad sight, or a casuall discourse, if it works the consci<g ref="char:EOLhyphen"/>ence
into the notice and obedience of a natural law, the meaner the instru<g ref="char:EOLhyphen"/>ment
is, the greater is the efficacy of the principal agent. The putting it in<g ref="char:EOLhyphen"/>to
the conscience is a sufficient promulgation of the law, however that be done;
but nature alone never does it: The express voice of God, tradition, prophets,
contract, providence, education and all sorts of influence from God, and enter<g ref="char:EOLhyphen"/>course
with man have their portion in this effect. And when wise men say, <hi>this
is naturally understood;</hi> it must mean thus, naturally men find it reasonable, but
not naturally to be a law: naturally they <hi>consent</hi> to it, but not <hi>naturally</hi> find it
out, or naturally we may be <hi>instructed</hi> but not naturally <hi>bound:</hi> but when God
changes <hi>science</hi> into <hi>conscience,</hi> then he makes that which is <hi>reasonable</hi> to <hi>become
a law.</hi>
                     </p>
                     <p>
                        <pb n="236" facs="tcp:58903:147"/>
But first or last,<note place="margin">41.</note> this way or another, it became a law onely by the autho<g ref="char:EOLhyphen"/>rity
and proper sanction of God; God is the author of our Nature and made
a law fit for it, and sent the principles of that law together with it, not that
whatsoever is in nature or reason is therefore a law because it is reasonable or
because it is natural: but that God took so much of prime reason as would
make us good and happy, and established it into a law; which became and was
called the law of Nature both because 1. These laws are <hi>in Materta Naturali:</hi>
that is, concerning the good which refers to the prime necessities of Nature;
and also because 2. being Divine in respect of the authour, the principles of
this law are natural in respect of the time of their institution being together
with our nature: though they were drawn out by God severally in several pe<g ref="char:EOLhyphen"/>riods
of the world, who made them laws actually by his command, which in
nature are so onely by disposition.</p>
                     <p>This latter reason is given by <hi>Alphonsus à Castro</hi> and by <hi>Wesenbech:</hi>
                        <note place="margin">42.</note> the
former is insinuated by <hi>Mynsinger</hi> defining the law of Nature to be <hi>quod natu<g ref="char:EOLhyphen"/>ra,
adeoque Deus ipse omnes homines in Creatione, prima quaedam praecepta &amp; for<g ref="char:EOLhyphen"/>mulas
honestatis docuit.</hi> But the latter of them I say is true onely of such as
are the <hi>prime laws</hi> or rather <hi>rules of nature,</hi> and the general measures of vertue
and vice. But as for the <hi>particular laws of Nature</hi> (which onely are properly
to be call'd laws) we are to look for no other systeme or collective body of
them, but the expresse declared laws of God which concerne morality, that is,
all that are given to all Mankinde without relation to any one period, such is
the moral law of the Jewes: and such is the religion of the Christians; that less
perfect, this more perfect and intire: for these in their several proportions are
such which are generally for all mankind; and upon this account it is affirm'd
by <hi>Gratian,</hi>
                        <note place="margin">Dist. 1. in princ.</note> 
                        <hi>Jus naturale esse, quod in lege &amp; Evangelio continetur,</hi> The law of
Nature is that which is contain'd in the Law, and the Gospel: which say<g ref="char:EOLhyphen"/>ing
he had from <hi>Isidore.</hi>
                     </p>
                     <p>It is necessary that this be rightly understood,<note place="margin">43.</note> because it establishes
many certainties in the matter of Conscience, and eases us of the trouble of
finding out a particular systeme of Natural laws, the inquiry after which hath
caused many disputes in the world, and produc'd no certainty, It is all
<gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>, as the
Platonists call it, <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>, the word of God is the law, a right
rule or sentence, and divine law, a law that is the distribution of the mind
of God; and under this come all the precepts of Christianity: which was
well summ'd up by him who gave this account of the religion, and the religi<g ref="char:EOLhyphen"/>ous
that are of it, saying they are <hi>homines conspirantes in communem utilitatem;</hi>
and that they mutually make and give <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>,
Symbols and Sacraments to each other,
that none shall doe or receive injury: men conspiring for the good of others:
or as the Romane souldier was told, They are men whose profession is to doe
hurt to no man, and to do good to every man: and this is the integral designe
of the law of Nature so far as it can relate to humane entercourse.</p>
                     <p>
                        <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>.<note place="margin">44.</note> So Christ is called by S. <hi>Peter</hi> and the Greek Fathers,
he is the <hi>word of the Father</hi> and <hi>the law;</hi> and it is remarkable, this word or
law of the Father was the instrument of teaching mankind in all periods of
the world. He taught the law of Nature to all men, and renew'd it, and
made several manifestations and manners, and at last appear'd in the forme of
<pb n="237" facs="tcp:58903:147"/>
a man, and made a perfect body of it to last as long as our nature last, and
as long as this world, and his kingdome abides. When God spake to <hi>Adam,</hi>
to the Patriarchs, to the Prophets, still he spake by Christ, who was the An<g ref="char:EOLhyphen"/>gel
of the old Testament, and the Mediator of the New. He is therefore
<hi>Verbum Patris;</hi> by him he signified his laws and righteous commandements,
and the law was given <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>, <hi>in the hands,</hi> that is, by the ministery,
<hi>of the Mediator,</hi>
                        <note place="margin">Adv. Marcion. lib. 2. Adv. Praxeam.</note> 
                        <hi>who is one: that is Jesus Christ;</hi> and this <hi>Tertullian</hi> affirmes.
<hi>Christus semper egit in Dei Patris Nomine. Ipse ab initio conversatus est, &amp;
congressus cum Patriarchis &amp; Prophetis:</hi> and again, <hi>Christus ad colloquia sem<g ref="char:EOLhyphen"/>per
descendit, ab</hi> Adam <hi>usque ad Patriarchas &amp; Prophetas, in visione, in som<g ref="char:EOLhyphen"/>no,
in speculo, in aenigmate, ordinem suum praestruens ab initio semper: &amp;
Deus internis cum hominibus conversatus est; non alius quàm semo qui caro
erat futurus.</hi> Christ in all ages spake to Men in the person of his Father,
being from the beginning the word of the Father, which was to be
incarnate. The same also is to be read in <hi>Justin Martyr</hi> against
<hi>Tryphon</hi> the Jew. <q>Christ therefore was the preacher of this righte<g ref="char:EOLhyphen"/>ousness,
and at last revealed all his Fathers will, which should ne<g ref="char:EOLhyphen"/>ver
receive any further addition, diminution or alteration.</q> The
<hi>Novellae constitutiones,</hi> the inlargements and explications made by our Blessed
Lord, together with the repetition of the old, that is, <hi>the Christian law,</hi> is the
perfect Code and Digest of the Natural law. For they all rely upon the
fundamental relations between God and us, and the natural entercourse
betwen Man and Man, and the Original necessities and perfective appe<g ref="char:EOLhyphen"/>tites
of our own Nature.</p>
                     <p>But here it will be necessary to clear that great objection which will be
pretended against this doctrine.<note place="margin">45.</note> For since Christian religion is new in respect
of Nature, and superinduc'd some things upon Nature, and rescinded some of
her rights, and restrain'd her liberty; it will seem impossible that Christian
religion should be a collected body of the laws of Nature; because the law of
Nature is prime and eternal; which Christian religion seems not to be: Now
to this I answer</p>
                     <p>1. That it is evident that all that which any men call the laws of Na<gap reason="illegible" resp="#TECH" extent="1 letter">
                           <desc>•</desc>
                        </gap>ure
is actually conteined in the books of the new Testament.<note place="margin">46.</note> S. <hi>Austin, H<gap reason="illegible" resp="#TECH" extent="2 letters">
                              <desc>••</desc>
                           </gap>o de
S. Victore,</hi> and <hi>Alexander</hi> say the law of Nature hath but these two precepts,
1 Doe as you will be done to; and 2 Doe not that which you would not have
done to your self: <hi>Isidore</hi> reckons into the laws of Nature, 1 Conjunction of
male and female, 2 Education and 3 Succession of children; 4 Common
possessions and 5 Common liberty, and 6 Acquisition of things in air, earth,
and sea: 7 Restoring the thing that is intrusted, 8 Repelling force by
force. These are rights of Nature, and natural states or actions, but not
laws. There are some laws concerning these things, but they also are in the
New Testament. <hi>Cicero</hi> reckon'd, 1 Religion, 2 Piety, 3 Thankfulness,
4 Vindication of injuries, 5 Observance of Superiors, 6 To speak truth.
The lawyers reckon otherwise. The laws of Nature are these, 1 To worship
God, 2 To live honestly, 3 To obey superiors; Kings, Parents, &amp;c. 4 To
hurt no man, 5 To give every one their own, 6 Common use of things as
far as it may be; and where it may not, then 7 Dominion and 8 Propriety
enter, 9 To take away evil doers from among men. And if we observe
but the precepts of Nature (for they had no other light which we know of)
which are reckoned by <hi>Hesiod, Pythagoras, Theognis, Phocylides, Epictetus,
Cato, Publianus,</hi> and <hi>Seneca,</hi> we shall finde that they reckon many minute
<pb n="238" facs="tcp:58903:148"/>
counsels which are deriv'd from naturall Principles, but yet stand far off of
from the fountain: and some which they derive from the <hi>rights</hi> of Nature,
not from her <hi>laws,</hi> but indeed are directly contrary.
<q>
                           <l>—Semper tibi proximus esto.</l>
                        </q>So <hi>Cato,</hi> and
<q>
                           <l>Qui simulat verbis, nec corde est fidus amicus;</l>
                           <l>Tu quoque fac simules, sic ars deluditur arte.</l>
                        </q>
And that of <hi>Cicero, vindicationem esse honestam,</hi> revenge is justice. By their
own reason men took their aim at the precepts and laws of Nature, but their
reason being imperfect and abused it was not likely they could be exact: none
but the wisedome of the Father could doe it perfectly. Thus they can never
agree in their enumeration of the Natural laws: But it is certain that so ma<g ref="char:EOLhyphen"/>ny
of these as are laws, and bound upon us by God, are set down in the Scrip<g ref="char:EOLhyphen"/>tures
of the New Testament. For it is not a law of Nature unless God
have commanded it to us in or by or with Nature and natural reason. Now
it is certain that Christ told us all his fathers will: and the Apostles
taught all that to the Church which Christ taught to them: and therefore
what is not in their doctrine is not in natures law, that is, it is no part of the
law of God: and if it be certain that he that lives according to the law of
Christ does please God and doe all his duty; then it follows that either there
is no such thing as that which we call the law of Nature, and no obligation
from thence, and no measures of good and evil there; or if there be, it is
also part of the Christian mans duty, and express'd and taught by the Master
and Lord of the Christians. All that is essentially good, is there; all that
by which the World can be made happy, is there: all that which
concernes every mans duty, is there; all the instruments of felicity,
and the conveyance of our great hopes is there, and what other potentiality
there can be in the law of Nature, then what I have reckon'd now, I neither
have been taught by any man else, neither can I my self imagine, or understand.
Here are the general propositions which are the <hi>forme,</hi> and make the <hi>honesty</hi>
and the <hi>justice</hi> of all the particular laws of Nature; and what is not there pro<g ref="char:EOLhyphen"/>vided
for by special provision, or by general reason and analogy, is wholly per<g ref="char:EOLhyphen"/>mitted
to humanelaws and contracts, or to liberty and indifferency, that is,
where <hi>the laws</hi> of nature cease, there <hi>the rights</hi> of nature returne.</p>
                     <p>2. But secondly,<note place="margin">47.</note> to the objection I answer, that it will be but weakness,
to thinke that all the instances of the law of Nature, must be as prime as Na<g ref="char:EOLhyphen"/>ture
herself: for they neither are so prime, nor so lasting, but are alterable
by God and by Men, and may be made more, or fewer, or other.</p>
                     <p>This may seem new,<note place="margin">48.</note> and indeed is unusual in the manner of speaking:
but the case is evident and Empirically certain. For when God commanded
<hi>Abraham</hi> to kill his son; the Israelites to rob the Egyptians and to run away
with their goods; he gave them a commandement to break an instance of the
natural Law; and he made it necessary that <hi>Cain</hi> should marry with his Sister:
and all those laws of Nature which did suppose liberty and indistinction of
possessions are wholly altered when Dominion, and Servitude, and propriety,
came into the world: and the laws of nature which are in peace are not
obligatory to other persons in the time of war.</p>
                     <p>For the laws of nature are in many instances relative to certain states:<note place="margin">49.</note>
and therefore in their instances and particulars are as alterable as the states
themselves, but the reasons indeed on which they doe relie (supposing the
<pb n="239" facs="tcp:58903:148"/>
same or equal circumstances and the matter unchang'd) are eternal and unal<g ref="char:EOLhyphen"/>terable
as the Constitution of Nature. But therefore it was unwarily said
of the learn'd <hi>Hugo Grotius,</hi> and of divers others before him, that <hi>God can<g ref="char:EOLhyphen"/>not
change the law of Nature.</hi> For as S. <hi>Paul</hi> said of the priesthood; that
<hi>it being chang'd, there must of necessity be a change also of the law,</hi> so it is in
the law of Nature; the matter of it being chang'd, there must of necessity
also be a change in the law: for although the essential reason may be the same
in chang'd instances yet that hinders not but the law may justly by affirm'd to
be alterable; just as the law was under the several priesthoods, in both which
the <hi>obligation is the same,</hi> and so is <hi>the relation to God,</hi> and the <hi>Natural reli<g ref="char:EOLhyphen"/>gion.</hi>
* Thus when rivers are common it is lawful for any man to fish, and
unlawful for my neighbor to forbid me, but when rivers are inclosed and made
proper, it is unlawful for me to fish, and lawful for the proprietary to forbid
me; before the inclosure it was just to doe that thing, which afterward is un<g ref="char:EOLhyphen"/>just;
and this is as much a change of a particular law as can be imagined. * If
it be meant, that while the propriety remains, or the state, the law introduc'd
upon that state is unalterable: then there is no more said of the law of Na<g ref="char:EOLhyphen"/>ture
then of any positive law of God, or the wise law of any Prince; which
are not to be altered as long as the same case and the same necessity remains;
and it would be to no purpose to affirme so of the law of Nature; for the
sence of it would be, that while things remain as God established them,
they are unalterable. But if God can disannull the obligation by taking a<g ref="char:EOLhyphen"/>way
the <hi>matter of the law,</hi> or the <hi>necessity</hi> or the <hi>reasonableness,</hi> or the <hi>obligation</hi>
(and all this he can doe one way or other) it is not <hi>safe</hi> nor <hi>true</hi> to say, <hi>God can<g ref="char:EOLhyphen"/>not
alter the law of Nature.</hi> * He chang'd the <hi>matter</hi> in suffering <hi>liberty</hi> to pass
into <hi>servitude,</hi> * he made <hi>necessity</hi> in one instance, I mean, in the matter of
incest in the case of <hi>Cain,</hi> and afterwards took it away: * he took away the
<hi>reasonableness</hi> of the sanction by changing the case in the subduction or mutati<g ref="char:EOLhyphen"/>on
of the matter, * and he took off the <hi>obligation</hi> in the case of <hi>Abraham</hi>
and of the <hi>Israelites</hi> robbing their Neighbors.</p>
                     <p>And therefore the Christian laws superinducing some excellencies and
perfections upon humane Nature,<note place="margin">50.</note> and laying restraint upon the <hi>first Natu<g ref="char:EOLhyphen"/>ral
laws,</hi> that is, upon such which before this last period of the world were
laws of Nature, is no hard thing to be understood. God in it used but his
own right. And I suppose it will be found to be unreasonable to expound
the precepts of the Religion by the former measures of Nature while she
was less perfect, less instructed: but this rather; the former instances of the
Natural law are pass'd into the Christian precepts, and the Natural instance
is chang'd, and the law alterd in it's material part; the formality of it remain<g ref="char:EOLhyphen"/>ing
upon the supposition of a greater reason. Thus <hi>to repell force by force</hi>
is <hi>a right of Nature;</hi> and afterwards it was passed <hi>into a law</hi> that Men
might doe it; that is, God expressly gave them leave; and although it
be <hi>not properly a law</hi> which neither <hi>forbids</hi> nor <hi>commands</hi> but onely gives
a leave, yet when God had forbidden men to doe violence, and to establish
this law the rather, gave leave, to any man that could, to punish his unjust
Enemy that attempted to doe him mischiefe, it may be call'd <hi>a law,</hi> in the
lesser sence, that is, a decree of the Court of Heaven by which this became
lawful. * Though this was pass'd into a law in the manner now explicated,
yet it was with some restraints; which yet were not so great but they left a
great liberty which was sufficient security against violence. The restraint
which God superinduc'd upon <hi>this Right or Nature</hi> was but <hi>moderamen incul<g ref="char:EOLhyphen"/>patae
<pb n="240" facs="tcp:58903:149"/>
tutelae,</hi> it left men defended sufficiently against injuries though it permit<g ref="char:EOLhyphen"/>ted
us to be tried in some lesser instances and unavoidable accidents. But
now although Christianity hath proceeded in the first method of God, and
restrain'd it yet more, and forbids us to strike him that strikes us, we are not
to force this precept into a sense consisting with the former liberty which we call
<hi>the law of Nature;</hi> but was at first onely <hi>a right of Nature</hi> or a <hi>permissive law,</hi>
but not obligatory; and afterwards suffer'd some restraints: for that which
suffer'd <hi>some,</hi> may suffer <hi>more:</hi> and as <hi>the right of nature</hi> was for its being re<g ref="char:EOLhyphen"/>straind
recompenc'd in the provisions of laws, and by the hands of justice,
taking it from the private into the publike hand: so may this <hi>right of nature</hi>
when it is wholly taken from us be recompenc'd by Gods taking the <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>
or <hi>the power of avenging</hi> our quarrels into his hands.</p>
                     <p>This <hi>right of nature</hi> being now almost wholly taken from us,<note place="margin">51.</note> part of it
is taken up to God, and part of it is deposited in the hands of the <hi>civil power,</hi>
but we have none of it; onely by Christ's <hi>laws</hi> and <hi>graces</hi> our <hi>nature</hi> is more
perfect, and <hi>morality</hi> is set forward, and <hi>justice</hi> and all our <hi>rights</hi> are secured;
but yet <hi>the law is changed.</hi> * The like may be said in divers other instances, as I
shall discourse in their several places: here it is sufficient to have given the first
hint of it, and demonstrated the certainty and reasonableness of it, which (as ap<g ref="char:EOLhyphen"/>pears
by the instances) although it be especially and frequently true in the <hi>Jus
naturae</hi> or the <hi>permissive law of nature,</hi> and in those not onely God but men also
may make an alteration; yet even in those laws which are <hi>directly obligatory,</hi> the
power of God who made them cannot be denyed to be equal in the alteration:
And indeed he that can annull nature, can also at least alter her laws, which are
consequent to Nature and intended onely for her preservation.</p>
                     <p>The case seems to be the same with eating and drinking which God hath
made necessary for our life,<note place="margin">52.</note> as justice is to societies: but as he can take away
the necessity from this person at this time to eat and can supply it otherwise:
so he can also conserve humane society in the mutation of cases and extraor<g ref="char:EOLhyphen"/>dinary
contingencies as well as in the ordinary effects of justice. Indeed God
cannot doe an unjust thing; because whatsoever he wills or does is therefore
just because he will and does it; but his will being the measure of justice, and
his providence the disposer of all those events and states of things to which the
instances of Justice can relate: when he wills an extraordinary case and hath
chang'd the terme of the relation, then he hath made that instance which be<g ref="char:EOLhyphen"/>fore
was unjust, now to become just; and so hath not chang'd justice into
unjustice, but the denomination of the whole action concerning which the law
was made, is alterd from unjust to just, or on the contrary.</p>
                     <p>It is not to be suppos'd that the whole law of Nature can be alter'd as
long as our Nature is the same;<note place="margin">53.</note> any more then the fashion of our garments
can be generally alter'd as long as our body is of this shape: and therefore it is
not to be thought that he that makes a doublet shall ever make three sleeves
unless a man have three armes, or a glove with six fingers for him that hath
but five, but many particular laws of Nature suffer variety and alteration,
according to the changes that are in our Nature and in our Necessities, or by
any Measure of Man or Men which God shall superinduce.
<q>
                           <l>Duo cùm idem faciunt saepe, ut possis dicere</l>
                           <l>Hoc licet impunè facere huic, illi non licet;</l>
                           <l>Non quod dissimilis res est, sed is qui facit.</l>
                        </q>
                        <pb n="241" facs="tcp:58903:149"/>
The rule of Nature is always the same; yet one may doe what another may
not, and sometimes that is lawful which at another is criminal; not because
the measure is changeable, but the thing measured suffers variety. So that in
effect the sence and extent of truth in this question is this; That although as
long as this world lasts and men in it, the law of Nature <hi>cannot be abrogated,</hi>
because it is that law which is fram'd proportionable to Mans Nature; yet
<hi>it may be derogated,</hi> that is, lessen'd, or inlarg'd in instances, chang'd in the
integrity of many of it's particulars made, relative to several states and new
necessities; and this is that which in true speaking does affirme that the laws
of Nature may be chang'd. For although there are some <hi>propositions</hi> and de<g ref="char:EOLhyphen"/>crees
so General that they are in their Nature applicable to all variety of
things, and therefore cannot be chang'd: yet they are rather the foundation
of laws then laws themselves: because a law must be mixt with a Material
part, it must be a direction of <hi>actions,</hi> and a bond upon <hi>persons</hi> which does
suppose many things that can be changed: And therefore although the propo<g ref="char:EOLhyphen"/>sitions
upon which the reasonableness and justice of the law does depend,
serves to the contrary instances by analogy, and common influence, yet the
law being material does not, and therefore is alterable. But of this I shall give
a fuller account in the ninth and tenth rules of this Chapter. For the present,
I observe,</p>
                     <p>The want of considering this,<note place="margin">54.</note> hath made difficulty in this question
and errors in many. Every natural proposition is not a law: but those ante<g ref="char:EOLhyphen"/>cedent
propositions, by the proportions of which laws stand or fall, are
the measures of laws. <hi>They are rules, not laws:</hi> and indeed the <hi>rules of
Nature</hi> are Eternal and Unalterable: that is, all those Natural and reasona<g ref="char:EOLhyphen"/>ble
propositions which are dictates of prime reason, and abstract from all
persons and all states and all relations: such as are <hi>God is to be honour'd: Ju<g ref="char:EOLhyphen"/>stice
is to be done: Contracts are to be affirm'd: Reason is to be obeyed: Good
is to be followed: Evil to be eschewed.</hi> These are the common measures of all
laws, and all actions: but these are made laws when they are prescrib'd to
persons, and applied to matter: and when they are, because that matter can
have variety, the law also can, though the rule cannot.</p>
                     <p>That we are to restore all that was intrusted to us,<note place="margin">55.</note> is a Natural law de<g ref="char:EOLhyphen"/>riv'd
from the rule of doing justice: but this may be derogated and prejudic'd
without sin. For prescription transfers the possession and disobliges the fidu<g ref="char:EOLhyphen"/>ciary
from restitution.</p>
                     <p>By the law of Nature relying upon the rule of performing contracts,<note place="margin">56.</note>
clandestine marriages are valid and firme: but yet some Churches, particu<g ref="char:EOLhyphen"/>larly
the Church of <hi>Rome</hi> in the Councell of <hi>Trent</hi> hath pronounc'd some
marriages void which by the Rule of Nature, and afterwards by a law were rate
and legal; particularly, <hi>clandestine marriages,</hi> and <hi>marriages not clandestine</hi>
by the ingress of one of the parties into Religion, as is to be seen in the eighth
Session.</p>
                     <p>By the law of Nature a testimony under two or three witnesses may stand,<note place="margin">57.</note>
but in the case of the accusation of a Cardinal Deacon in <hi>Rome</hi> they require
the concurrence of seven and twenty, of a Cardinal Priest sixty four, of a
Cardinal Bishop seventy and two, and in <hi>England</hi> one shall serve the turne, if
it be for the King. In Codicils the civil law requires five witnesses. In te<g ref="char:EOLhyphen"/>staments
there must be seven: when a controversy is concerning the emi<g ref="char:EOLhyphen"/>nency
and prelation of excellent persons, fifteen are demanded. But if these
<pb n="242" facs="tcp:58903:150"/>
things may be prejudic'd by men, much more may they be alter'd by God.
But this extends it self a little further. For in some of these instances, that
which is a law of Nature becomes so inconvenient as to doe much evil, and
then it is to be estimated by a new Rule; and therefore the whole law is chang'd
when it comes to have a new measure, and the analogy of a New reason.</p>
                     <p>Upon the account of these premises it follows,<note place="margin">58.</note> that it is but a weak di<g ref="char:EOLhyphen"/>stinction
to affirme <hi>some things to be forbidden by God because they are Unlaw<g ref="char:EOLhyphen"/>ful:</hi>
and some to be <hi>unlawful because they are forbidden.</hi> For this last part of
the distinction takes in all that is unlawful in the world, and therefore the other
is a dead member and may be lopp'd off.<note place="margin">2. q. 19. ad 3, &amp; 4.</note> So <hi>Ocham</hi> affirmes against the more
common sentence of the Schooles (as his manner is) <hi>nullus est actus malus nisi
quatenus à Deo prohibitus est, &amp; qui non possit fieri bonus si à Deo praecipi<g ref="char:EOLhyphen"/>atur
&amp; è converso:</hi> Every thing is good or bad according as it is commanded
or forbidden by God, and no otherwise. For nothing is Unlawful antece<g ref="char:EOLhyphen"/>dently
to Gods commandement. Sin is a transgression of some law, and this
law must be made by a Superior, and there is no Superior but who de<g ref="char:EOLhyphen"/>pends
on God, and therefore his law is its measure. There are some things
good which God hath not commanded; but then they are such which he
hath commended by counsels, or analogies and proportions. But whatso<g ref="char:EOLhyphen"/>ever
is a sin, is so therefore because it is forbidden, and without such a prohi<g ref="char:EOLhyphen"/>bition,
although it might be <hi>Unreasonable,</hi> yet it cannot be <hi>criminal</hi> or <hi>unjust.</hi>
Since therefore all measures of good and evil in the entercourses of Men
wholly rely upon the law of God, and are consequent to his will, although it
can never be that we can have leave to be Unjust, or Unchast, that is, to doe
against a law <hi>in being with all its circumstances,</hi> yet the law may be so chan<g ref="char:EOLhyphen"/>ged
that the whole action which was forbidden may become permitted, and
innocent, and that which was permitted may become Criminal. I instance
in the <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>, or the conjunction of the neerest kindred, which once
was lawful and ever since is become Criminal.</p>
                     <p>The purpose of this discourse is this,<note place="margin">59.</note> that we look no further for tables
of the law of Nature, but take in onely those precepts which bind us Christi<g ref="char:EOLhyphen"/>ans
under Christ our lawgiver who hath revealed to us all his Fathers will. All
the laws of Christ concerning moral actions are the laws of Nature: and all
the laws of Nature which any wise Nation ever reckoned either are taken away
by God, or else are commanded by Christ. So that Christianity is a perfect
Systeme of all the laws of Nature, and of all the will of God, that is, of all the
obligatory will; of all the Commandements. In those things where Christia<g ref="char:EOLhyphen"/>nity
hath not interpos'd, we are left to our Natural liberty, or a <hi>Jus permissi<g ref="char:EOLhyphen"/>vum,</hi>
a permission, except where we have restrain'd our selves by <hi>contract</hi> or
<hi>dedition.</hi>
                     </p>
                  </div>
                  <div n="2" type="rule">
                     <head>RULE 2. The law of Nature is the foundation of all laws
and the measure of their obligation.</head>
                     <p>FOR all good laws,<note place="margin">1.</note> and all justice hath the same reasonableness, the same rules
and measures, and <hi>are therefore good</hi> because they are <hi>profitable,</hi> and <hi>are therefore
just</hi> because they are measured by the common analogies and proportions: and
<pb n="243" facs="tcp:58903:150"/>
                        <hi>are therefore necessary</hi> because they are bound upon us by God mediately or
immediately.<note place="margin">Lib. 1. de inv. &amp; <gap reason="illegible" resp="#TECH" extent="2 letters">
                              <desc>••</desc>
                           </gap>. 4, &amp; 5. de <gap reason="illegible" resp="#TECH" extent="1 word">
                              <desc>〈◊〉</desc>
                           </gap>
                        </note> And therefore <hi>Cicero</hi> defin'd vertue to be <hi>perfecta &amp; ad sum<g ref="char:EOLhyphen"/>mum
perducta natura,</hi> or <hi>Habitus animi naturae modo rationi consentaneus,</hi>
The perfection of Nature, or a habit of mind agreeing to Natural reason.
But more expressly and full in his third book <hi>de legibus: lex est justorum inju<g ref="char:EOLhyphen"/>storúm<expan>
                              <am>
                                 <g ref="char:abque"/>
                              </am>
                              <ex>que</ex>
                           </expan>
distinctio ad illam antiquissimam &amp; rerum omnium principem ex<g ref="char:EOLhyphen"/>pressa
Naturam, ad quam leges hominum diriguntur, quae supplicio improbos af<g ref="char:EOLhyphen"/>ficiunt,
&amp; defendunt &amp; tuentur bonos.</hi> A law is the distinction of good and
bad, of just and unjust, expressed or fitted to Nature, which is the first and
the prince of all, and to which humane laws are directed for the punishment
of evil doers, and the defence of the good. And it is evident in all the mo<g ref="char:EOLhyphen"/>ral
precepts of Christianity: all which are so agreeable to a mans felicity and
state of things to which a man is design'd both here and hereafter, that a man
cannot be happy without them: and therefore they all rely upon some prime
natural reason, which reason although possibly some or all of it was disco<g ref="char:EOLhyphen"/>vered
to us by revelation and the wise proper discourses of the religion, and
was not generally known to men before Christ, yet the reasons are nothing
but consonancies to our state and being, introductive of felicity, perfective
of our Nature, wise and prudent and noble, and such which abstracting from
the rewards hereafter, are infinitely eligible and to be preferred for tem<g ref="char:EOLhyphen"/>poral
regards before their contraries.</p>
                     <p>Adde to th<gap reason="illegible" resp="#TECH" extent="1 letter">
                           <desc>•</desc>
                        </gap>s,<note place="margin">2.</note> they are such which some few the wisest of the Heathens
did teach by natural reason, for ought we know. And there is a proportion
of this truth also in all the wise laws of Common-wealths. The reasons of
which are nothing but the proportions of Nature, and the prime propositi<g ref="char:EOLhyphen"/>ons
of Justice, common Utility and Natural necessity. And therefore sup<g ref="char:EOLhyphen"/>posing
that every civil constitution supplies the Material part or the instance,
every civil law is nothing but a particular of the natural law in respect of its
formality, reasonableness and obligation. And all laws of manners are laws
of Nature: for there can be but one justice, and the same honesty and com<g ref="char:EOLhyphen"/>mon
utility in the world, and as a particular reason is conteined in the Univer<g ref="char:EOLhyphen"/>sal,
so is the particular profit in the publike, <hi>saluti civium prospexit quâ intelli<g ref="char:EOLhyphen"/>gebat
contineri suam,</hi> said <hi>Torquatus</hi> in <hi>Cicero,</hi> and so it is in laws. In the obser<g ref="char:EOLhyphen"/>vation
of the laws of Nature the good of every society and every private
person is compris'd: and there is no other difference in it, but that in eve<g ref="char:EOLhyphen"/>ry
civil constitution there is something superadded; not to the reasonable<g ref="char:EOLhyphen"/>ness
or justice, but it is invested with a body of action and circumstances. <hi>Jus
civile neque in totum à Naturali ac Gentium jure recedere, neque per omnia
ei servire; adeò ut cùm juri communi aliquid additur vel detrahitur, jus pro<g ref="char:EOLhyphen"/>prium,
id est,</hi>
                        <note place="margin">Lib. 6. <gap reason="illegible" resp="#TECH" extent="2 letters">
                              <desc>••</desc>
                           </gap>. de justit. &amp; jure.</note> 
                        <hi>civile efficiatur,</hi> said <hi>Justinian:</hi> The civil law neither does
wholly recede from the law of Nature and Nations, neither does it wholly
serve it: for when any thing is added or detracted from the Natural law it
becomes the Civ<gap reason="illegible" resp="#TECH" extent="1 letter">
                           <desc>•</desc>
                        </gap>l: and another, <hi>leges positivae repetunt Jus Nature quum
leges sive pactiones quae sunt Jura attingunt utilitatem &amp; scopum Naturae;</hi> The
positive laws of a Common-wealth repeat the law of Nature, when laws and
covenants doe promote the profit and this design of Nature.</p>
                     <p>But from hence it follows that the law of Nature is the onely rule and
measure of all laws,<note place="margin">3.</note> and superinduc'd laws of God and Man are but instances
of obedienne in those General precepts of Nature: and since the law of
Christianity contains in it all the law of Nature; and is now the onely law
<pb n="244" facs="tcp:58903:151"/>
that can oblige us primarily, and others in vertue of it: it is the prime and
adequate rule and measure of Conscience, and the explication of all its precepts
will be a full institution of the Conscience: to which purpose that saying of
<hi>Laelius in Cicero</hi> is very pertinent:<note place="margin">
                           <gap reason="illegible" resp="#TECH" extent="1 span">
                              <desc>〈…〉</desc>
                           </gap>.</note> 
                        <hi>viros bonos appellandos esse putamus qui asse<g ref="char:EOLhyphen"/>quuntur
quantum homines possunt Naturam optimam rectè vivendi Ducem.</hi> Nature
is the best guide and measure of living well: and they who exactly observe her
measures as far as Men can, are to be called Good Men.</p>
                  </div>
                  <div n="3" type="rule">
                     <head>RULE 3. The first and greatest band of the law of Nature is
fear of punishment.</head>
                     <p>I Have already spoken of this as it is the act and effect of Conscience: here I
am to speak of it more abstractedly, and as it self hath effect upon humane
actions; there as it is the Minister of the Judge: here as it is the Sanction of
the law,</p>
                     <p>
                        <hi>Omne malum aut timore aut pudore Natura suffudit,</hi>
                        <note place="margin">1.</note> said <hi>Tertullian.</hi> Fear
and shame are the waiters and handmaids of every sin which Nature hath pro<g ref="char:EOLhyphen"/>vided
for it.<note place="margin">
                           <gap reason="illegible" resp="#TECH" extent="1 span">
                              <desc>〈…〉</desc>
                           </gap>. c. 1.</note> And indeed fear is the band of all laws. For although there
is a pravity in the Nature of injustice which natural reason hates, proceeding
partly from the deficiency from the perfective end of Nature and societies,
which is injustice; partly from the consequent obloquy and disreputation
which all wise men and all talking people put upon it (for they that doe it
themselves speak ill of it in others) yet this is but a little. This is a part of
the punishment of the breach of the Natural law; but not strong enough
to make a firme obligation. Now in all laws there must be some penalty
annexed, the fear of which may be able to restrain men from doing against
the law: which cannot be unlesse the evil be greater then the benefit or
pleasure of the praevarication can be: and therefore it is, that God establish<g ref="char:EOLhyphen"/>ing
this law hath appointed <hi>a Court</hi> within us, <hi>a severe judge</hi> who will not
spare, <hi>a wise discerner</hi> who will not be deceived, <hi>an exact remembrancer</hi>
which never forgets any thing that can doe the greatest mischiefs, <hi>a just
witness</hi> who will not be suborn'd, and is conscious and privy to all that
which he is to judge; and the same also is the <hi>executioner</hi> of the delin<g ref="char:EOLhyphen"/>quent
and sinning people.</p>
                     <p>The stings of Conscience and fear of the Divine vengeance,<note place="margin">2.</note> is this
evil which Naturally restrains us: it is the greatest restraint, because it is
the greatest of evils, and it is <hi>Unavoidable,</hi> and it is <hi>Natural.</hi> I will not adde
<hi>it is lawful</hi> to abstain from evil for fear of punishment, but it is <hi>neces<g ref="char:EOLhyphen"/>sary,</hi>
and it is <hi>Natural,</hi> and that is more; and this is it which <hi>Epicurus</hi> taught,
<gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>; which although
<hi>Plutarch</hi> seems angry at, was well enough spoken by him; meaning that it is
a fear not of temporal discovery and civil punishment which is onely appoin<g ref="char:EOLhyphen"/>ted
to restrain evil actions, but a fear of those evils whose <hi>apprehension</hi> God
hath made <hi>necessary</hi> and <hi>congenite</hi> with the Nature of Man; fear of Gods
displeasure, and the destruction of our Nature and felicities relying upon
that Natural love of our selves and desire of our own preservation, without
which a man cannot be suppos'd sufficiently provided with principles of ne<g ref="char:EOLhyphen"/>cessary
being and providence.</p>
                     <p>
                        <pb n="245" facs="tcp:58903:151"/>
There is another kind of fear of punishment,<note place="margin">3.</note> that is, a fear of those
auxiliary punishments which Princes and Republikes have superadded to
the breakers of Natural laws, which is in some men who are despisers of
all the evils which are threatned hereafter:<note place="margin">7, de Repub,</note> Such as was that of <hi>Thrasy<g ref="char:EOLhyphen"/>machus</hi>
in <hi>Plato. Nihil esse melius quàm facere injuriam neque poenas dare,
nihil pejus quàm pati nec posse Ulcisci; medio autem modo se habere Justi<g ref="char:EOLhyphen"/>tiam,
cùm quis nec facit nec patitur, quod ut fiat, esse optabile; sed nem<g ref="char:EOLhyphen"/>pe
imbecillibus quorum proinde interest pacisci aut servare pacta, non autem
valentioribus, qui si viri fuerint ac sapuerint, nullatenus pactum de inju<g ref="char:EOLhyphen"/>ria
non inferenda accipendave sint inituri.</hi> Nothing is better then to doe
injury without punishment: nothing worse then to suffer mischief and to be
able to doe none again. In the midst of these is justice, which neither
does injury, nor receives any, which is much to be desired; but by whom?
By none but by weak people. For the stronger, if they be valiant and wise
will never enter into Covenants concerning not doing or receiving injury.
* According to this doctrine, there should be nothing of it self just or un<g ref="char:EOLhyphen"/>just,
and if there were, it were not to be regarded, but so long as justice were
profitable, and injustice troublesome and dangerous. And therefore strong
men or crafty might in many cases be exempt from contracts and from doing
justice, and would neither doe right, nor take wrong.</p>
                     <p>Against this it is that all wise men in the world doe speak,<note place="margin">4.</note>
                        <note place="margin">De consol. Philosoph.</note> 
                        <hi>Vos autem nisi
ad populares auras inanésque rumores recta facere nescitis; &amp; relictâ conscientiae
virtutísque praestantiâ de alienis praemia sermunculis cogitatis,</hi> said <hi>Boetius</hi> in indig<g ref="char:EOLhyphen"/>nation
against all those who took accounts of themselves by publike noises not
by the testimonies of a just Conscience, that is, who fear man but doe not
fear God. And to doe good out of fear of punishment (in this sence) is to
doe good no longer then I am observed, and no longer then I am constrained:
from both which because very many men are very often freed, and all men
sometimes, there would be no habit, no will, no love of justice in the world;
that is, there would be no vertue of justice, but single actions as it could happen.
This would introduce horrid tyrannies, while Princes and Generals having
power in their hands might do all things as they pleased, and have no measure
but their own private: and all mens conditions under them would be always
precarious and arbitrary, and most commonly intolerable: And therefore this
fear is the characterisme of evil persons,
<q>Oderunt peccare mali formidine poenae.</q>
and against such civil laws are made: <hi>Justis lex non est posita,</hi> saith S. <hi>Paul,
the law is not made for the righteous, but for the wicked.</hi> If the sons of <hi>Israel</hi>
had continued pious as <hi>Abraham, Isaac,</hi> and <hi>Jacob</hi> were, the law should not
have been given to them as it was upon <hi>Mount Sinai;</hi> but the necessities of
men brought a law upon them, and that law a punishment, while good men
<gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap> as <hi>Zenocrates</hi> in <hi>La<g ref="char:EOLhyphen"/>ertius</hi>
said of the Philosophers; they doe it
<q>Sponte suâ,<note place="margin">7. Aenei<gap reason="illegible" resp="#TECH" extent="1 letter">
                                 <desc>•</desc>
                              </gap>
                              <g ref="char:punc">▪</g>
                           </note> veterísque Dei se more tenentes.</q>
for the love of God; by choice and delight in the actions of vertue they doe
excellent things, <hi>Plúsque ibi boni mores valent quàm alibi bonae leges,</hi> as <hi>Ta<g ref="char:EOLhyphen"/>citus</hi>
said of the old <hi>Germanes. Good manners prevail'd more then good Laws.</hi>
Thus did the <hi>Patriarchs,</hi>
                        <note place="margin">Tac, <gap reason="illegible" resp="#TECH" extent="1 word">
                              <desc>〈◊〉</desc>
                           </gap>
                           <g ref="char:punc">▪</g> 3.</note> and therefore they needed not a law. <hi>Vetustissimi
mortalium nullâ adhuc malâ libidine, sine pretio, sine scelere, eóque si<gap reason="illegible" resp="#TECH" extent="2 letters">
                              <desc>••</desc>
                           </gap> poena &amp; co<g ref="char:EOLhyphen"/>ercitionibus
agebant: neque praemiis opus erat, cùm honesta suopte ingenio peteren<g ref="char:EOLhyphen"/>tur:
&amp; ubi nihil contra morem cuperent, nihil permetum vetabantur.</hi> Our fore<g ref="char:EOLhyphen"/>fathers
<pb n="246" facs="tcp:58903:152"/>
desir'd nothing against honesty and justice and therefore were not
forbidden any thing by the instrument of fear.</p>
                     <p>But therefore the civil and positive law is not made for all those men
who have other restraints;<note place="margin">5.</note> that is, for good men who are mov'd by better
principles; but because these things that are better are despis'd by the vitious
and the Tyrants, oppressors and the impudent, the civil power hath taken a
sword to transfixe the Criminal and to kill the Crime. And therefore <hi>Epicu<g ref="char:EOLhyphen"/>rus</hi>
in <hi>Stobaeus</hi> said not amiss: <hi>laws were made for wise men, not for fear they
should doe ill, but lest they should suffer evil from the Unjust.</hi>
                     </p>
                     <p>And yet even the wise and the good men have a fear in them which is an
instrument of justice and religion;<note place="margin">6.</note> but it is a fear of God, not of the secular
Judge, it is a fear that is Natural, a fear produc'd from the congenite no<g ref="char:EOLhyphen"/>tices
of things, and the fear of doing a base thing; a fear to be a fool,
and an evil person.
<q>
                           <l>Mi natura dedit leges à sanguine ductas</l>
                           <l>Ne possem melior Judicis esse metu.</l>
                        </q>
said <hi>Cornelia</hi> in <hi>Propertius:</hi> a good man will abstain from all Unrighteous
things, though he be sure that no man should hear or see any thing of it,
that is, though there were no laws, and superinduc'd punishments in re<g ref="char:EOLhyphen"/>publikes:
and all this upon the account of such a fear which a good man ought
to have; a fear of being a base person or doing vile things:
<q>
                           <l>—Imposito tenerae custode puellae</l>
                           <l>Nil agis:<note place="margin">Ovid. l. 3. Eleg.</note> ingenio quaeque tuenda suo est.</l>
                           <l>Siqua metu dempto casta est, ea denique casta est;</l>
                           <l>Quae quia non liceat, non facit, illa facit.</l>
                        </q>
That chastity is the Noblest which is not constrain'd by spies and severity, by
laws and jealousie: when the mind is secretly restrain'd, then the virtue is se<g ref="char:EOLhyphen"/>cur'd.
* <hi>Cicero</hi> puts a case to <hi>Torquatus: Si te amicus tuus moriens rogaverit
ut haereditatem reddas suae filiae, nec usquam id scripserit, ut scripsit Fadius, nec
cuiquam dixerit, quid facies? Aruncanus</hi> dies and leaves his inheritance to
his daughter <hi>Posthumia,</hi> and intrusts his friend <hi>Torquatus</hi> with it, but pri<g ref="char:EOLhyphen"/>vately,
without witness, without consignation of tables: will <hi>Torquatus</hi> who
is a <hi>Feoffee</hi> in private trust restore this to the child when she shall be capable?
Yes; <hi>Torquatus</hi> will, and <hi>Epicurus</hi> will, and yet <hi>Cicero</hi> had scarce a good word
for him, whom he hath fondly disgrac'd during all ages of the world, weak<g ref="char:EOLhyphen"/>ly
and Unjustly: but the account he gives of it is pertinent to the rule: <hi>Nón<g ref="char:EOLhyphen"/>ne
intelligis eò majorem esse vim naturae, quod ipsi vos qui omnia ad vestrum com<g ref="char:EOLhyphen"/>modum,
&amp; ut ipsi dicitis ad voluptatem referatis, tamen ea faciatis quibus appa<g ref="char:EOLhyphen"/>reat,
non voluptatem vos, sed officium sequi, plúsque naturam rectam, quàm pra<g ref="char:EOLhyphen"/>vam
rationem valere.</hi> Nature is more prevalent then interest: and sober
men though they pretend to doe things for their real advantage and pleasure,
yet follow their duty rather then either <hi>pleasure</hi> or <hi>profit,</hi> and <hi>right nature</hi> rather
then <hi>evil principles.</hi>
                     </p>
                     <p>The reason of this is,<note place="margin">7.</note> because Nature carries fear and reverence in the
retinue of all her laws, and the evils which are consequent to the breach of
Natural laws are really, and by wise men so understood to be greater mis<g ref="char:EOLhyphen"/>chiefs
then the want of profit, or the missing of pleasure, or the feeling the rods
and axes of the Prince. If there were no more in a crime then the disorder
of Nature,<note place="margin">Reg. fusior. inter. 2.</note> the very unnaturalness it self were a very great matter, S. <hi>Basil</hi>
said well, <hi>ad omnia quae descripta à nobis, à Deo praecepta sunt, consequenda, natu<g ref="char:EOLhyphen"/>rales
<pb n="247" facs="tcp:58903:152"/>
ab ipso facultates accepimus.</hi> God hath given to virtues, Natural Organs,
or bodily instruments; as to mercy he appointed bowels, eyes for pity, hands
for relief; and the proper imployment of these is so perfective of a mans con<g ref="char:EOLhyphen"/>dition
(according to their proportion) that not to employ them according to
the purpose of Nature is a disease, a Natural trouble; just as it is to trumpet
with <hi>our mouth</hi> which was intended for eating and drinking and gentler breath<g ref="char:EOLhyphen"/>ings.
It is punishment enough to doe an Unnatural and a base action, it puts
our soul and it's faculties from their centre, and the ways of perfection. And
this is fully observed by <hi>Seneca: Male de nobis actum erat quòd multa scelera
legem &amp; Judicem effugiunt, &amp; scripta supplicia, nisi illa naturalia &amp; gravia de
praesentibus solverent &amp; in locum patientiae timor cederet.</hi> Mankind were in an
ill state of provisions, if those wickednesses which escape the law and the
Judge, did not suffer the more grievous inflictions of natural punishment and
fear came into the place of patience; still, <hi>fear is the bridle:</hi> but it is an ho<g ref="char:EOLhyphen"/>nest
fear, a fear of God and of natural disorders and inconvenience. <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>
as <hi>Clemens</hi> of <hi>Alexandria</hi> calls it a righ<g ref="char:EOLunhyphen"/>teousness
not produced by laws and the sword, fear and interest, but from the
love of God, and something that is within: There is a fear, but it is such a fear
as still leaves the love to vertue, and secures it in privacies and enjoynes the
habit and constant practice of it: a fear that is complicated with a Natural
love of our own preservation, and is constant, and measur'd by God, and in
the Natural limit cannot be extravagant; a fear that acknowledges Gods
Omniscience, and his Omnipresence, and his eternal justice: and this was the
sence of that of <hi>Sophocles.</hi>
                        <q>
                           <l>
                              <gap reason="foreign">
                                 <desc>〈 in non-Latin alphabet 〉</desc>
                              </gap>
                           </l>
                           <l>
                              <gap reason="foreign">
                                 <desc>〈 in non-Latin alphabet 〉</desc>
                              </gap>.</l>
                        </q>
                        <hi>Doe nothing basely and secretly; for times Father sees and hears all things, and time
will discover it, and truth shall be the daughter of time, and that which is done
in secret shall be spoken upon the tops of houses:</hi> so both the <hi>Christian</hi> and the
<hi>Heathen</hi> are conjoyn'd in the several expressions of the same great truth. This
fear is deposited in Conscience, and is begotten and kept by this proposition
that <hi>God is a rewarder of all men according to their works.</hi>
                     </p>
                     <p>
                        <hi>Consequent to this is the love of Vertue.</hi>
                     </p>
                  </div>
                  <div n="4" type="rule">
                     <head>RULE 4. The second band of vertue is love, and its proper
and consequent deliciousness.</head>
                     <p>THis is not wholly Natural,<note place="margin">1.</note> but in much of it is <hi>Empirical,</hi> 
                        <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>
proceeding from the grace of God, and the experience of the delici<g ref="char:EOLhyphen"/>ousness
and rewards of vertue, and the excellency of a greater hope which
does entertain our spirits in the outer courts of pleasant expectations: <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>,
as both <hi>Aristotle</hi> and <hi>Xenocrates</hi> did speak. It is
the effect of Philosophy and Religion, of vertuous and severe institutions to
doe that for love and without constraint, which fools, and vitious, and weak
persons doe for fear of laws.</p>
                     <p>
                        <pb n="248" facs="tcp:58903:153"/>
Now this,<note place="margin">2.</note> I say, is not <hi>Natural,</hi> that is, although it be agreeable to Na<g ref="char:EOLhyphen"/>ture,
yet not primarily introduc'd by it, without a Tutor, because Nature for<g ref="char:EOLhyphen"/>bids
<hi>injustice,</hi> but does not command <hi>justice,</hi> but <hi>secondarily</hi> and <hi>by accident</hi> and
<hi>upon supposition</hi> of other contingencies. <hi>To doe injustice</hi> is alwaies a sin but <hi>not
to doe a justice</hi> is not alwaies. For a man may depose the person of a <hi>Judge,</hi> or a
<hi>trustee,</hi> or a <hi>delegate;</hi> but they who habitually doe justice, find the rewards of
reputation, and the ease of being freed from the torments of an evil Conscience
which is a delicacy, like the being eased of the horrid gripes of the <hi>colick;</hi> and so
insensibly grow in love with justice, that they think they love justice for justice
sake.
<q>Ipsa sui merces erat &amp; sine vindice praeda.</q>
                     </p>
                     <p>Concerning which it is fit we consider a little least it become the occasion
of <hi>Scruples</hi> and <hi>nice opinions.</hi>
                        <note place="margin">3.</note> 
                        <hi>Antigonus Sochaeus</hi> an old Jew was fam'd for say<g ref="char:EOLhyphen"/>ing,
Be not servants who serve their Lord that they may receive a reward
from him; but be such who serve him without consideration of wages, or re<g ref="char:EOLhyphen"/>compences,
and let the fear of God be upon you: <hi>Baithus</hi> and <hi>Sadoc</hi> his Di<g ref="char:EOLhyphen"/>sciples,
from whom the sect of the Saduces did spring, not well understanding
him, took occasion from hence to deny the Resurrection and rewards after this
life. And indeed such sayings as these are easily abused; and when some men
speak Great things, and others beleeve as much of it as they Understand, but
understand it not all, they make Sects and divide their Schools, and ignorance
and faction keep the doors and sit in the chairs sometimes. It is impossible a
man should doe Great things, or suffer nobly without consideration of a reward;
and since much of vertue consists in suffering evil things, vertue of her self is
not a beatitude, but the way to one. He does things like a fool, who does it for
no end: and if he does not choose a good end, he is worse: and vertue herself
would in many instances be unreasonable if for no material consideration we
should undertake her drudgery: and therefore S. <hi>Austin</hi> said well, <hi>Sublatis aeter<g ref="char:EOLhyphen"/>nis
praemiis &amp; poenis verum staturum à partibus Epicuri:</hi> Sensual pleasures were
highly eligible, and not vertuous sufferings, <hi>if in this life onely we had hope.</hi>
But if it be accounted the top of vertue to love vertue for vertues sake, and
without intuition of the reward; many times good men observing that
themselves are encouraged by all Gods promises to obedience and patience,
and that in <hi>Martyrdome</hi> there is no <hi>Natural</hi> or <hi>sensitive</hi> pleasure, and that it can<g ref="char:EOLhyphen"/>not
be lov'd for it self, but wholly for its reward, will find themselves put
into <hi>fear where no fear is,</hi> and that a <hi>nequam humilitas</hi> an unworthy opinion
of their duty shall affright their peace and holy confidence. <hi>Peregrinus</hi> the
Philosopher in <hi>A. Gellius</hi> express'd this love of vertue for it self, thus; <hi>Eti<g ref="char:EOLhyphen"/>amsi
Dii atque homines ignoraturi forent;</hi> to doe good though <hi>neither God
nor Men should know of it:</hi> but as this is impossible <hi>in fact,</hi> so it is <hi>in specu<g ref="char:EOLhyphen"/>lation;</hi>
for there were no such thing as vertue, if it were not <hi>relative</hi> and dire<g ref="char:EOLhyphen"/>cted
to <hi>God</hi> or <hi>Man:</hi> But yet the thing which they mean is very good.
Good men love vertue for vertues sake, that is, they act it and love it, they
doe it with so habitual and confirm'd elections and complacency that many
times they have no actual intuition to the reward; they forget <hi>this,</hi> they are so
taken with <hi>that;</hi> like a man that chooses a wife upon many considerations, as
<hi>portion, family, hopes</hi> and <hi>beauty;</hi> yet when he hath convers'd long with her and
finds her amiable and fruitful, obedient and wise: he forgets all other conside<g ref="char:EOLhyphen"/>rations,
and loves her person for her own perfections, but will not quit all his
other interests. The difference is best understood by variety of Motions. Some
Motions cannot be continued unless some agent or other do continually urge
<pb n="249" facs="tcp:58903:153"/>
them; but they are <hi>violent</hi> and <hi>unnatural:</hi> others are perfective and lov'd, and
they will continue and encrease by their own principle if they be not hindred.
<hi>This</hi> is the <hi>love</hi> of vertue, <hi>that is, fear,</hi> or it may be <hi>hope;</hi> save that <hi>hope</hi> is a
thing between both, and is compounded of both, and is more commendable
then <hi>fear.</hi> But to love vertue for it self, is nothing else, but to love it directly
and plainly; he that loves it onely for the reward, and is not by the reward
brought to love the thing, loves not this at all but loves something else: but
he that loves it at all, sees <hi>good in it,</hi> because he finds <hi>good by it,</hi> and therefore
loves it self, now, whatever was the first incentive: and the woodden arch
may be taken away when that of marble is concentred.</p>
                     <p>2. <hi>Vir fortis &amp; justus…. in summa voluptate est &amp; periculo suo fruitur,</hi>
                        <note place="margin">4.</note>
                        <q>When a good man laies before him the price and redemption of his mortality,
the liberty of his Country, the safety of his friends, he is hugely pleas'd and
delights in, and enjoies his danger. But if he feels not this pleasure, yet with<g ref="char:EOLhyphen"/>out
trembling and uncertainty he will dare to die, <hi>facere recte pié<expan>
                                 <am>
                                    <g ref="char:abque"/>
                                 </am>
                                 <ex>que</ex>
                              </expan> contentus;</hi>
and if you tell him this reputation which he gets of his Citizens will die al<g ref="char:EOLhyphen"/>most
as soon as he shall die; he answers, all those things are without the nature
and consideration of my work: <hi>Ego ipsum contemplor, hoc esse honestum scio:</hi>
I look upon the work it self and find it honest, and that's enough;</q> meaning
secretly; that though these outward rewards were pared off, yet there are se<g ref="char:EOLhyphen"/>cret
pleasures which will follow and stick close to vertue, as the shadow does to
the body, and this good men must consider, because they feel it, and that is part
of the reward.</p>
                     <p>3. They are pleased with the vertue it self,<note place="margin">5.</note> and their soul is as much de<g ref="char:EOLhyphen"/>lighted
with it, and as naturally as the eye with beauteous colours, or the throat
with Unctuous juices, or the tongue with moist sweetnesses, For God hath
made vertue proportionable to all the noble ends, and worthy desires of man<g ref="char:EOLhyphen"/>kind,
and the proper instrument of his felicity: and all its beauties, and all its
works, and all its effects, and all that for which it can be loved is part of the re<g ref="char:EOLhyphen"/>ward.
And therefore to say a man can love vertue for vertues sake and without
consideration of the reward, is to say, a man can love vertue without any rea<g ref="char:EOLhyphen"/>son
and inducement, without any argument to move his affections.</p>
                     <p>4. For there can be but two causes of amability in the world,<note place="margin">6.</note> 
                        <hi>Perfection</hi>
and <hi>Usefulness,</hi> that <hi>Beauty</hi> and <hi>Profit; that</hi> in the thing it self, <hi>this</hi> as it re<g ref="char:EOLhyphen"/>lates
to me: Now he that saies, a man may <hi>love vertue for its own sake</hi> with<g ref="char:EOLhyphen"/>out
consideration of the reward, saies no more then that a man may love a
flower which he never hopes to smell of; that is, he may admire and commend
it, and love to look on it, and just so he may doe to vertue. But <hi>if he desires</hi>
either, it is because it is <hi>profitable</hi> or <hi>useful to him,</hi> and hath something that will
delight him, it cannot else possibly be <hi>desir'd.</hi>
                     </p>
                     <p>Now to love vertue in the first sence is rather <hi>Praise</hi> then <hi>love</hi> an act of
Understanding rather then of the Will,<note place="margin">7.</note> and its object is properly the per<g ref="char:EOLhyphen"/>fections
of the flower or the vertue respectively: But when it comes to
be <hi>desired,</hi> that is, <hi>lov'd with a relation</hi> to my self, it hath for its object other
perfections, those things that please, and that delight me, and that is nothing
but part of the reward or all of it.</p>
                     <p>The question being thus explicated, it follows,<note place="margin">8.</note> that to love vertue for
vertues sake, is so far from being the honour of a good and perfect man, that
<pb n="250" facs="tcp:58903:154"/>
it is the character of an evil man, if it goes no further. For it amounts to no<g ref="char:EOLhyphen"/>thing
but this that the understanding is convinc'd of the worthiness of it,
<q>—video meliora probóque.—</q>
it is that which S. <hi>Paul</hi> calls <hi>a delighting in the law after the inner man.</hi> * But it is
a <hi>Relative, Material, Practical</hi> love of vertue that makes a good man; and the
proper inducement of that is also <hi>Relative, Material</hi> and <hi>Practical.</hi>
                        <q>
                           <l>Est profecto Deus qui quae nos gerimus</l>
                           <l>Auditque &amp; videt. Bene m<gap reason="illegible" resp="#TECH" extent="1 letter">
                                 <desc>•</desc>
                              </gap>renti, bene profuerit,</l>
                           <l>Male merenti par erit:</l>
                        </q>
said the <hi>Comedian,</hi>
                        <note place="margin">
                           <gap reason="illegible" resp="#TECH" extent="1 span">
                              <desc>〈…〉</desc>
                           </gap>
                        </note> God hath so endeared justice and vertue to us, that he hea<g ref="char:EOLhyphen"/>ring
and seeing all things, gives good things to them that doe good things; but
he will be even with the evil man.</p>
                     <p>5. Lastly,<note place="margin">9.</note> To love vertue for vertues sake, is to love it without conside<g ref="char:EOLhyphen"/>ration
of humane rewards, praise of men honours, riches, rest, power, and
the like, which indeed are the hinges of most mens actions.
<q>
                           <l>Cura quid expediat,<note place="margin">
                                 <gap reason="illegible" resp="#TECH" extent="1 span">
                                    <desc>〈…〉</desc>
                                 </gap>
                              </note> prior est quàm quid sit honestum,</l>
                           <l>Et cum fortuna státque cadítque fides.</l>
                           <l>Nec facile invenies multis de millibus unum,</l>
                           <l>Virtutem pretium qui putet esse sui.</l>
                           <l>Ipse decor recti, facti si praemia desint,</l>
                           <l>Non movet, &amp; gratis poenitet esse probum.</l>
                           <l>Nil nisi quod prodest charum est.</l>
                        </q>
Now he that is a good man and loves vertue vertuously, does not love it
principally for these secular regards; but without such low expectations, and
without apprehension of the angry sentence of the laws; but this does not ex<g ref="char:EOLhyphen"/>clude
the intuition of the Divine reward from having an influence into the
most perfect love of vertue; for this is intrinsecal to the sanction and the Nature
of the law; the other is extrinsecal and accidental. The first is such a reward
as is the perfection of the work; for <hi>glory is the perfection of Grace;</hi> and he
that serves God for hope of glory, loves goodness for goodness sake; for
he pursues the interest of goodness that he may be fill'd with goodness; he
serves God here that he may serve him hereafter; he does it well that he may
doe it better; a <hi>little while</hi> that he may doe it over again for ever and ever.
Nothing else can be a loving vertue for vertues sake; this is the greatest per<g ref="char:EOLhyphen"/>fection
and the most reasonable and practicable sence of doing it. * And if
the rewards of vertue were not the great practical inducement of good mens
love to goodness, all the promises of the Gospel were to no purpose in relation
to the faith of good men, and therefore the greatest and the best part of faith it
self would be useless: for there is no purpose or end of faith of the promises
but to enable our obedience by the Credibility and expectation of such promi<g ref="char:EOLhyphen"/>ses
to doe our duty.</p>
                     <p>Now that even good men,<note place="margin">10.</note> even the best men, even all men have an ha<g ref="char:EOLhyphen"/>bitual
regard to it, besides that it is impossible to be otherwise (for he that
plowes does plow in hope) and will easily be understood to be so by them who
know the causes and nature of things; it appears also in the instance of as
good a man as any story reports of; even <hi>Moses</hi> who <hi>despised to be called the son
of Pharaohs daughter, because he had an eye to the recompence of reward:</hi> and by
the instance of all those brave persons whom S. <hi>Paul</hi> enumerates in the ele<g ref="char:EOLhyphen"/>venth
Chapter to the Hebrews; <hi>who all died in faith not having received the
promises;</hi> but they look'd for better, even such as were to come; and beyond
all this;<note place="margin">
                           <gap reason="illegible" resp="#TECH" extent="1 word">
                              <desc>〈◊〉</desc>
                           </gap>, 12, 2 3.</note> Our Blessed Lord himself, <hi>despis'd shame and endured the Cross;</hi> but
<pb n="251" facs="tcp:58903:154"/>
it was <hi>for the glory that was set before him.</hi> For it is the first and the Greatest
article of the Gentiles Creed, Every one that comes to God must beleeve
that God is, and that he is a rewarder of them that diligently seek him.</p>
                     <p>The summe is this;<note place="margin">11.</note> Although in Nature herself, and in the Conscience
relating to her, there is a Court punitive and a fear of God, yet the expectati<g ref="char:EOLhyphen"/>on
of reward is rather put into us, than born with us, and reveal'd, rather
then Natural; and therefore the expectation of good is the second band of
Natural laws, but extrinsecal and adventitious, communicated to us by reve<g ref="char:EOLhyphen"/>lation,
and by grace.</p>
                  </div>
                  <div n="5" type="rule">
                     <head>RULE 5. The imperfection of some provisions in civil laws are
supplied by the Natural obligation remaining up<g ref="char:EOLhyphen"/>on
persons civilly incapable.</head>
                     <p>
                        <gap reason="illegible" resp="#TECH" extent="1 span">
                           <desc>〈…〉</desc>
                        </gap>
                     </p>
                     <p>WHen laws make provision of cases <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>,<note place="margin">1.</note> in as many things
as they can foresee, or feel, and yet some things will emerge which
cannot be foreseen, and some contrary reasons will arise; many times there is
no care taken for some things and some persons by any constitutions of Man.
Here <hi>Nature</hi> as the common Parent of all justice and necessary obligations,
takes the case into her protection.</p>
                     <p>This happens in many cases:</p>
                     <p>1. Humane laws give measures of things and persons which fit most
men without a sensible error,<note place="margin">2.</note> but some it does not. Young persons are at a
certain age declar'd capable of making profitable contracts; at another age
of making contracts that are hazardous, and they must stand to them, though
they be mischievous. At one age they may marry; at another they may con<g ref="char:EOLhyphen"/>tract
a debt; at another they may make a Testament; at another they may
be punished with Capital inflictions. But in some persons the malice is earlier
and the wit more pregnant, and the sense of their advantages brisk enough:
and therefore the contracts which they can make; and the actions which they
doe, and the part which they choose is really <hi>made,</hi> or <hi>done,</hi> or <hi>chosen;</hi> but
they not bound to stand to it, by the civil law: and yet if they can <hi>choose</hi> they
are <hi>naturally obliged.</hi> Both of them are necessary: The civil law cannot pro<g ref="char:EOLhyphen"/>vide
but by common measures
<q>Quos ultrà citráque nequit consistere rectum.</q>
all their rules are made by as common a measure as they can, and they are the
best rules that have the fewest exceptions: the best Carpenters make the few<g ref="char:EOLhyphen"/>est
chips: but some there must be. But then it is necessary that Nature
should provide, by single provisions in all the single exceptions; for it is ne<g ref="char:EOLhyphen"/>cessary
it should be done, and she onely can doe it. She can doe it because
Nature hath provided an instructed, a judging and a discerning Conscience,
and the person that contracts or receives a benefit, can bind himself to man as
soon as he can bind himself to God; because the laws of God bind all our
contracts with men. That is, plainly thus, God's laws provide not onely for
general cases but also for particular circumstances; and of every thing God
and Gods vicegerent, <hi>Conscience,</hi> can take accounts; and therefore this abun<g ref="char:EOLhyphen"/>dance
<pb n="252" facs="tcp:58903:155"/>
supplies the others defect; the perfection of God makes up the breaches
of the imperfection of Man. Which rule is to be understood both of things
and persons. For all our duty is onely an obedience to God: and every one
that can hope or fear is bound to this obedience; therefore there can be no gap
here: God hath in every thing shut up every person that can use reason, by
some instrument or other.<note place="margin">Lib. 2. de lege.</note> And therefore <hi>Cicero</hi> said well, <hi>Si regnante Tar<g ref="char:EOLhyphen"/>quinio
nulla fuisset Romae scripta lex de stupris tamen contra illam legem sempiternam
Sextus Tarquinius vim Lucretiae Tricipitini filiae attulit: erat enim ratio profecta
a rerum Natura, &amp; ad rectè faciendum impellens, atque à delicto avocans.</hi> There
was no civil constitution against rapes, but <hi>Tarquin</hi> ought not to have done it;
for there was an eternal law against it. For right reason proceeding from Na<g ref="char:EOLhyphen"/>ture
drives us on to good and calls us off from evil. That is, he could not
but know it was ill, and against reason, and against every thing by which he
ought to be governed; and even to the Heathen God was not wanting, but
bound these laws upon them by reason, and inclination, and necessity, and
fame, and example, and contract, and hope, and fear, and by secret waies
which we know not of. He made some inclinations and some reason to be<g ref="char:EOLhyphen"/>come
laws, that Mankind might not live like beasts and birds of prey: in
all cases, and in all times, and to all persons he became a Lord and a
Lawgiver some way or other.</p>
                     <p>Young persons of twelve or fourteen years old can be sav'd or damn'd,<note place="margin">3.</note>
they can love or hate, they can Understand yea and nay, they can doe a good
turne or a shrewd, they can lead a blind man right or wrong, they can bear
true or false witness: and although the civil laws out of care least their easiness
be abused by crafty people, make them secure from it by nulling the contract,
that the deceiving person may not reap the harvest of his fraud, yet there are
very many cases in which the Minor receives advantage, or at least no wrong,
and though it was fit he should be secured, it was not fit he should be enabled
to doe a mischief to another, <hi>ut levamen his, aliis sit onus,</hi> as S. <hi>Paul</hi> in a like
case, <hi>that they be eased and others burdened.</hi> For although the other Contractor
be sufficiently warned to take heed of the <hi>Minor,</hi> yet there may be <hi>need</hi> in it,
or <hi>charity, friendship</hi> or <hi>Confidence;</hi> all or any of which if they might be decei<g ref="char:EOLhyphen"/>ved
the Minor would suffer often, but the other Contractor but once. There<g ref="char:EOLhyphen"/>fore
as the <hi>Civil law</hi> secures them from harme, so <hi>the law of Nature</hi> binds them
to doe none, but to stand to such contracts in which they have advantage or
equality, and in which they were not abus'd. * The time when they come to
be oblig'd is the time when they come to the use of reason * when they under<g ref="char:EOLhyphen"/>stand
their duty * when a prudent man judges them fit to be contracted with
* when they can use fraud to others * when they can consider whether they be
bound or no: these are the best marks and signatures of the time, and declare
the obligation in all cases where there is no deception evident.</p>
                     <p>2. Sometimes both parties can contract:<note place="margin">4.</note> but because they doing it with<g ref="char:EOLhyphen"/>out
witnesses, may recede from it, either <hi>consentigly</hi> or against the will of one
of them, the positive constitution of Man intending to provide against this
inconvenience hath cut the civil tie in peeces and refuses to verifie the contract,
besides that it cannot legally be proved. In this case Nature relieves the op<g ref="char:EOLhyphen"/>pressed
party, and supplies the easiness of the civil band, and strains that hard
which the others let loose. And this happens in clandestine contracts: against
which in the matter of marriage all Christian Countries have made severe
edicts: but in case they be done, in some places they are pronounced valid, in
<pb n="253" facs="tcp:58903:155"/>
some places declared <hi>Null.</hi> Where they are nulled, Nature is defeated in ma<g ref="char:EOLhyphen"/>king
provisions and the parties are warranted to doe a mischief. For if <hi>Mau<g ref="char:EOLhyphen"/>ritius</hi>
and <hi>Cluviena</hi> contract marriage; and <hi>Mauritius</hi> repent his bargain where
shall <hi>Cluviena</hi> be reliev'd? The law of the Church forbids it, and will
punish her for doing it if she complains. The Civil law takes no notice of it,
for it cannot be legally prov'd: and the law of Nature is barr'd out, if it be
declar'd Null; and then there is nothing left to hold him. It is the case of the
Church of <hi>Rome</hi> who in the eighth Session of the Councel of <hi>Trent</hi> declares
all <hi>clandestine contracts</hi> to be <hi>null,</hi> and their mixtures to be fornication and
uncleanness. But they have overacted their zeal against a temporal inconve<g ref="char:EOLhyphen"/>nience,
and <hi>burn their house to roast an egge;</hi> they destroy a law of Nature by
a law of the Church; against the former practices, counsels and resolutions,
even of their own Church. * For if those contracts are in
themselves naturally valid and not forbidden by God,<note place="margin">Navarrus Enclyri<gap reason="illegible" resp="#TECH" extent="2 letters">
                              <desc>••</desc>
                           </gap>. c. 25. <gap reason="illegible" resp="#TECH" extent="1 letter">
                              <desc>•</desc>
                           </gap>t con<gap reason="illegible" resp="#TECH" extent="3 letters">
                              <desc>•••</desc>
                           </gap>
                           <g ref="char:EOLhyphen"/>gatio Cardinalium quos tal<gap reason="illegible" resp="#TECH" extent="1 letter">
                              <desc>•</desc>
                           </gap> &amp; <gap reason="illegible" resp="#TECH" extent="1 word">
                              <desc>〈◊〉</desc>
                           </gap> putidi pudibat <gap reason="illegible" resp="#TECH" extent="1 span">
                              <desc>〈…〉</desc>
                           </gap> rem factum aut dictam, &amp; <gap reason="illegible" resp="#TECH" extent="1 word">
                              <desc>〈◊〉</desc>
                           </gap> clandes<g ref="char:EOLunhyphen"/>ina etiam poll concilium rata manere, sicut &amp; eate. Consula<gap reason="illegible" resp="#TECH" extent="2 letters">
                              <desc>••</desc>
                           </gap>unt sc. famae Concilii, non propriae, aut rem tam contam, verba tam <gap reason="illegible" resp="#TECH" extent="1 span">
                              <desc>〈…〉</desc>
                           </gap> non crubuerunt.</note> then
they cannot rescind them: if they be not naturally valid, since
they were alwaies positively forbidden, why were they estee<g ref="char:EOLhyphen"/>med
valid for so many ages? For till that Councel they were
so, but finding that the former prohibitions were not strong
enough, they took this course to break them all in pieces:
And out of desire to prevent an accidental evil, they made
it more ready to be done. For it was before but feared lest they should re<g ref="char:EOLhyphen"/>cede:
but yet if they did, they were esteem'd adulterers if they married again:
and they themselves knew when they were precontracted; and therefore stood
convicted and pinch'd in their own Consciences so long as the old laws re<g ref="char:EOLhyphen"/>main'd,
and men did not receive warrants to break the most sacred bands in
the world: but by this nullifying the contract, they have not onely leave to
goe off, but are commanded; and if they be weary of this, they may con<g ref="char:EOLhyphen"/>tract
with another, and there is nothing to hinder them, if Nature does not.
This Nullity therefore is a vehement remedy that destroies the patient; besides
that it is against the law of Nature. The laws may forbid it to be done; but
if it be, they cannot rescind it; because the civil constitution is less then the
Natural, and convenience is less then Conscience, and man is infinitely less
then God.</p>
                     <p>3. Some pretend to doe a greater good,<note place="margin">5.</note> and to doe it, break a contract
justly made: and if the civil constitution allowes it, the law of Nature r<gap reason="illegible" resp="#TECH" extent="1 letter">
                           <desc>•</desc>
                        </gap>
                        <g ref="char:EOLhyphen"/>claimes,
and releeves the injur'd person. This was the case of the Pharisees
who denied to releeve their Parents out of zeal to fill the Treasure of the Tem<g ref="char:EOLhyphen"/>ple,
and thought that their voluntary religion excus'd from their Natural du<g ref="char:EOLhyphen"/>ty.
The Church of <hi>Rome</hi> gives leave to either of the persons who are married
solemnly, and contracted rightly to recede from their vow and enter into religi<g ref="char:EOLhyphen"/>on,
and declares the marriage separate and broken. Here Nature calls upon the
obliged party, and ought to prevail above any other pretence; it being first in
possession and faster in obligation: and if it be naturally an evil to break a law<g ref="char:EOLhyphen"/>ful
contract made without fraud, and which is in our power to keep; then it
ought not to be done for any good in the world.</p>
                     <p>4. Hither also are to be reduc'd,<note place="margin">6.</note> obligations by Unsolemne stipulations,
by command of Parents, by intermination of curses, by meer delict amongst
persons, against whom lies no civil action, as of servants to their Lords, sons to
their Fathers: concerning which proper accounts are to be given in their own
places. Here onely they are to be noted in the general observation of cases
in which the law of Nature hath made an obligation, when the civil power
could not, or would not, or did against it.</p>
                     <p>
                        <pb n="254" facs="tcp:58903:156"/>
But it is proper to discusse a difficult question which intervenes upon this
rule.<note place="margin">7.</note> The case is this; By the law of Nature every man hath power to make
a Testament of his own Goods: But the civil law requires conditions of every
Testator that the Testament shall be ratified by so many witnesses, or else it
shall be invalid. <hi>Sempronius</hi> dying leaves <hi>Caius</hi> his heir, and gives but a small
portion to his son <hi>Porcius,</hi> but declares this by an Unsolemne Testament. The
like may happen in all donations and actions to which any solemnities of law
are required.</p>
                     <p>
                        <hi>Quest.</hi>
                     </p>
                     <p>THe question is,<note place="margin">8.</note> Whether the Estate be due to <hi>Caius</hi> by the law of Na<g ref="char:EOLhyphen"/>ture,
or is not <hi>Porcius</hi> the son to be releeved by the civil Constitution
which makes the Unsolemne Testament to be invalid? To this it is com<g ref="char:EOLhyphen"/>monly
answer'd, That to make a Testament is not a <hi>law of Nature,</hi> but a <hi>right
onely,</hi> which as a man may himself relinquish, so may the publike laws restrain
for the publike good: for there being so many frauds in pretended Testaments
it is necessary that provisions should be made to prevent the infinite evils that
may happen. Now whatsoever is <hi>necessary,</hi> is also <hi>just;</hi> if the necessity be
publike, real, and unavoidable by other means: and if it be just, the publike
power hath sufficient authority to restrain <hi>any mans right</hi> for <hi>every mans good.</hi>
                     </p>
                     <p>2. Every sentence of the Judge in a clear case that binds in law,<note place="margin">9.</note> does also
bind in Conscience; but if the Judge of civil actions did know that <hi>Semproni<g ref="char:EOLhyphen"/>us</hi>
really did appoint the stranger <hi>Caius</hi> his Heir, yet by the law he were bound
to declare for the son <hi>Porcius,</hi> and that the <hi>real unsolemne</hi> Will of <hi>Sempronius</hi>
were to be accounted nothing: So that although the Law were made to pre<g ref="char:EOLhyphen"/>vent
fraud, yet even when there is no fraud, and the Judge knowes there
is none, yet the Unsolemne Testament is to be declar'd invalid by the law:
which law because it is just, and for a just cause, and by a competent Authority,
must bind in Conscience by the force of the words of S. <hi>Paul; Let every soul be
subject to the higher powers.</hi> And therefore if the law be good and the Judge
just in giving the inheritance from <hi>Caius</hi> to <hi>Porcius,</hi> certainly <hi>Caius</hi> must needs
be unjust if he detains it.</p>
                     <p>3. And this very thing is consented to in the Canons of the Church,<note place="margin">10.</note>
which are usually fram'd, and ever to be presum'd (<hi>ubì contrarium non constat</hi>)
to be more agreeable to the measures of Conscience; and yet in the Canon
law, a Testament fram'd and sign'd in the presence of two witnesses is not
good, unless the Parish Priest be present; and that no man can lawfully detain
a legacy upon the Warrant of such a Will.</p>
                     <p>4. For since every act of man consists of the <hi>potestative</hi> and <hi>elective</hi> fa<g ref="char:EOLhyphen"/>culties,<note place="margin">11.</note>
if either will be wanting, or power, the act is invalid. It is not there<g ref="char:EOLhyphen"/>fore
enough though the will be manifest and confessed; for if the man have
no power, his will is ineffective.</p>
                     <p>But this opinion though relying upon fair probabilities and great autho<g ref="char:EOLhyphen"/>rity,<note place="margin">12.</note>
is not to be assented to as it lies, but with great caution and provisions.
For a right of Nature cannot be taken away by a civil power, intirely, and
habitually, but onely <hi>quoad exercitium actûs;</hi> the exercise of the act of that
right may indeed be impeded for great reasons and to prevent great evils, since
therefore the power of making Testaments is a Natural right, and is wholly
<pb n="255" facs="tcp:58903:156"/>
suspended in its act to prevent frauds in Unsolemne Testaments, where the
case is evident and no fraud at all, although the civil law is still valid because
it being established upon a general cause, though it fails in a particular it does
not fail in the General, and therefore still is rate and firme; yet because it
does fail in the particular where that is known, there is a port open for Chan<g ref="char:EOLhyphen"/>cery,
for considerations of piety, and religion. And therefore although in
the case put, <hi>Porcius</hi> who is the natural Heir of <hi>Sempronius,</hi> is to take the ad<g ref="char:EOLhyphen"/>vantage
of the civil law against <hi>Caius;</hi> yet if <hi>Sempronius</hi> had made an Unso<g ref="char:EOLhyphen"/>lemne
Testament in behalf of his Natural Heir, that ought to have stood in
the Court of Conscience. My reason is, because in the law of Nature, <hi>Por<g ref="char:EOLhyphen"/>cius</hi>
the son hath as much Natural right to inherit, as <hi>Sempronius</hi> the Father
hath to make a Testament; and therefore although an Unsolemne Testament
shall not be sufficient to interrupt a Natural succession, because the rights of
Nature on either hand are equal; yet the civil power can restrain his right
when there is nothing complicated with it: for his own consent is involved in
the publike constitution, and he may consent to the diminution of his own
right, when no duty is infringed, that is, in those things where onely his own
rights are concerned.</p>
                     <p>When therefore any thing of the <hi>law of Nature</hi> is twisted with <hi>the right of
Nature,</hi>
                        <note place="margin">13.</note>
there is an obligation past which the civil constitution cannot annull.
As if <hi>Sempronius</hi> command his son in an Unsolemne Testament, in private and
without witnesses to give such a legacy to <hi>Titius</hi> his Nephew; although <hi>Titius</hi>
cannot challenge it by vertue of that Testament, yet the son is bound to pay
it by the law of Nature: for Civil constitutions have effect upon a meer
right, but none against a duty of Nature: and therefore although the
Testament of <hi>Sempronius</hi> shall not pass into legal, external, judicial warranty,
yet it binds the son, and is valid as to him by the law of Nature and Consci<g ref="char:EOLhyphen"/>ence.
And this was rarely well affirmed by <hi>Pliny:</hi>
                        <note place="margin">Lib. 5. Ep. ad Calvisium.</note> 
                        <hi>Hoc si jus aspicias, irritum;
si defuncti voluntatem, ratum &amp; firmum est; mihi autem defuncti voluntas (ve<g ref="char:EOLhyphen"/>reor
quam in partem Jurisconsulti quod dicturus sum accipiant) antiquior jure est.</hi>
If we regard the civil law such Testaments are invalid; yet if we regard the
will of the Testator it is firme: but though I know not how the Lawyers will
take it, yet to me the will of the dead is to be prefer'd before the law: and
more fully yet to <hi>Antonianus;</hi>
                        <note place="margin">Lib. 2. Epist.</note> 
                        <hi>Tu quidem pro certa tua diligentia admones me,
codicillos Attiliani, qui me ex parte instituit haeredem, pro non scriptis habendos, quia
non sunt confirmati Testamento, quod jus nec mihi quidem ignotum est, cùm sit iis
etiam notum qui nihil aliud sciunt. Sed ego propriam quandam legem mihi dixi, ut
defunctorum voluntates, etiam si jura deficerent, quasi perfectas tuerer. Constat
enim codicìllos istos Attiliani Manuscriptos: licèt ergo non sint confirmati Testa<g ref="char:EOLhyphen"/>mento,
à me tamen ut confirmati observabuntur.</hi> Every one that knowes any
thing knowes that in law Unsolemne Testaments are invalid: but I have ano<g ref="char:EOLhyphen"/>ther
law of my own, if I know it was really the will of the Dead, I will veri<g ref="char:EOLhyphen"/>fie
it though it want the solemnity of law: and this also was affirmed by <hi>In<g ref="char:EOLhyphen"/>nocentius,</hi>
saying, <hi>Electionem quae juri naturae consentit, licèt non serventur, juris
solennitates tenere. cap. Quod sicut: de election.</hi>
                     </p>
                     <p>And there is great reason and great piety in this sense of the question;<note place="margin">14.</note>
For when a duty is any waies concerned, there is something owing to God
which no humane power can or ought to prejudice. For it is in Testaments
where any duty of any one is engaged, as it is in contracts of marriage to which
every one that can choose is capable of being naturally obliged: now the
<pb n="256" facs="tcp:58903:157"/>
relative of the obligation cannot in humane Courts claim either the advantage
of an Unsolemne Testament, or Unsolemne and clandestine Contract, yet the
relative who is oblig'd to duty cannot be so quitted: and therefore the Father
can oblige a son in duty to perform an Unsolemn Testament; and every con<g ref="char:EOLhyphen"/>tracted
person is bound to perform <hi>privately</hi> what the other cannot challenge
<hi>publikely:</hi> and this is not obscurely intimated by the law: <hi>L. hac consultissimâ
C. detestam. Ex imperfecto autem Testamento voluntatem tenere defuncti non vo<g ref="char:EOLhyphen"/>lumus,
nisi inter solos liberos à parentibus utriusque sexus,</hi> viz. <hi>nisi liberi in sola
dividenda haereditate voluntatem habeant patris,</hi> saith the <hi>Gloss.</hi>
                     </p>
                     <p>And for the confirmation of all this,<note place="margin">15.</note> it is remarkeable that they who af<g ref="char:EOLhyphen"/>firme
an Unsolemne Testament to be utterly invalid, and that the law of Na<g ref="char:EOLhyphen"/>ture
is no remedy in this case, yet affirme that it is of force in the matter of
piety; as in donations to Churches, the poor, and pious uses, as appears in
<hi>Imola, Ananus, Antonius Rubeus, Covarruvias</hi> and others: which concession
of theirs could not be reasonable or consistent with their opinion, but that it is
made so by the foregoing considerations; which certainly are the best <hi>medi<g ref="char:EOLhyphen"/>um</hi>
to reconcile duty and prudence, the laws Natural and Civil, the right of
a man with the Government of a Commonwealth, and to state the question
between the two parties who earnestly dispute it to contrary purposes.</p>
                     <p>For although the question is probably disputed on both sides:<note place="margin">16.</note> yet there
are no either hand instances in which the solemnity of the law does, and does
not oblige respectively: which shewes that the probability is on either hand
right and true; and the thing as it lies in the middle hath nothing certain or
resolv'd; but is true or false as it partakes of differing reasons. Now the
reason of the whole is; because the solemnity of law is wholly to be regard<g ref="char:EOLhyphen"/>ed
where there is not a bigger obligation; where God hath not bound, and
Man hath bound, Man is to be obeyed: but where God hath bound <hi>directly,</hi>
there God is to be obeyed whatever be pretended by Men: but if God hath
onely bound <hi>indirectly</hi> and <hi>collaterally,</hi> as if it be a case favourable and pious,
there the solemnity of law which is against it, is not to prevail; but yet is to
prevail in the behalf and prosecution of it.</p>
                     <p>Thus if a Pupil makes a contract in his minority to his ruine,<note place="margin">17.</note> or signal de<g ref="char:EOLhyphen"/>triment:
he is to be releeved by the advantage of the civil law which makes
his contract invalid, because the person is declar'd incompetent; and he may
lawfully take his remedy; and is not bound by the law of Nature to verifie
it: because he being less naturally capable to contract, the other is by the law
of Nature bound not to doe him injury, and take unequal advantages when
every man hath equal right: and therefore if he does prevaricate the Natural
law of justice which is equality, he also may lose the privilege which the others
action pass'd unto him; for the civil law declaring that Minors shall not be
prejudic'd, makes up that justice or equality which Nature intends. For the
Minor with his less portion of Understanding, and the defensative and retreat
given him by the civil law is made equal to the Contractor who is perfect in his
Natural capacity. Equality must be done and had. And this is one way of in<g ref="char:EOLhyphen"/>ferring
it.</p>
                     <p>Another way is,<note place="margin">18.</note> If the Minor receives advantage by the bargain; then
there is equality; for the want of his Natural capacity is supplyed by the ad<g ref="char:EOLhyphen"/>vantageous
matter, and therefore such contracts are valid though the one of
the Contractors be legally incapable. But</p>
                     <p>
                        <pb n="257" facs="tcp:58903:157"/>
3. If the bargain give some advantage on either side,<note place="margin">19.</note> the Minor must
not take the advantage offer'd him by the civil law to himself, unless he allow
to the other his share of advantage in the bargain: for otherwise there is inequa<g ref="char:EOLhyphen"/>lity.
But</p>
                     <p>4. Neither one nor the other is to be done,<note place="margin">20.</note> nor the Contract to be re<g ref="char:EOLhyphen"/>scinded
if the person was Naturally capable, that is, unless it be apparent by
the Consciousness of his own weakness, or the iniquity and folly of the contract
that he was less in Nature then the other; and therefore in this case the civil
law rescinding the Contract of the Minor does declare that he is incapable
<hi>naturally</hi> as well as <hi>civilly:</hi> and the Civil constitution does no way interfere
with the Natural, but Ministers to it; making the <hi>natural instance</hi> even with
the <hi>Natural reason:</hi> for this being alwaies alike, from the first to the last, the
instance growing from imperfection to perfection, must in the progression be
defended and supplied and be fitted to the other.</p>
                     <p>But in General;<note place="margin">21.</note> the Rule is true which <hi>Panormitan</hi> affirmes in prosecuti<g ref="char:EOLhyphen"/>on
of what I have now disputed; <hi>Quando jus civile aliquid disponit contrà jus
Naturae, standum est juri Naturae:</hi> and in particular to this very instance of
Unsolemne Testaments P. <hi>Alexander</hi> 3. being asked whether according to the
custome that was in the Diocess of <hi>Ostia</hi> a Will could be valid which was not
attested by seven or five witnesses at least, gave in answer, <hi>cap. cum esses. de testa<g ref="char:EOLhyphen"/>tales
leges à Divina lege &amp; Sanctorum Patrum institutis &amp; à generali Ecclesiae con<g ref="char:EOLhyphen"/>suetudine
esse alienas; &amp; ideo standum esse contra illas juri Naturali, secundùm quod
in ore duorum aut trium stat omne verbum.</hi> Which words of his I onely admit so
far as they are agreeable to the former measures and limitation. For that a
word is true under the test of two or three witnesses is not a prohibitive law or
command of Nature; but it was urg'd by our B. Saviour to the Jews as a
thing admitted in their law, and it is agreeable to the law of Nature; but yet
not so, but that a greater caution may be in some cases introduc'd by the civil
constitution, as I affirm'd above *:<note place="margin">Rule 10. <gap reason="illegible" resp="#TECH" extent="1 span">
                              <desc>〈…〉</desc>
                           </gap>.</note> 
                        <hi>viz.</hi> when the innocent and equal state of
Nature to which such simplicity or small duplicate of testimonies were suffi<g ref="char:EOLhyphen"/>cient,
becomes chang'd by frauds and artifices of evil men, or new necessities
are introduc'd which Nature did not foresee and therefore did not provide for,
but God hath provided for them by other means, even by a power given to
the Civil Magistrate.</p>
                     <p>Lastly,<note place="margin">22.</note> to make up the measures and cautions of this discourse compleat,
it is to be added; that when the civil laws annull an Unsolemne Contract or
Testament: it is meant, that such are to be declar'd null when they come into
judgement; not that the action, or translation of any dominion, inheritance
or legacy is <hi>ipso facto</hi> void: and therefore he that is possess'd of any such is not
tied to make voluntary restitution, or to reveal the nullity of the donation,
but to depart from it, when he is requir'd by law: for he hath the advan<g ref="char:EOLhyphen"/>tage
of a Natural right or power in the donour, and that being first must
stand till it be rescinded by a competent power; for the whole question be<g ref="char:EOLhyphen"/>ing
but probable on either side, the possessour or the Donee hath the
advantage till a stronger then he comes and takes away that in which he
trusted.</p>
                  </div>
                  <div n="6" type="rule">
                     <pb n="258" facs="tcp:58903:158"/>
                     <head>RULE 6. Sins against the laws of Nature are greater or less,
not by that proportion, but by the greatness of
the matter, and the evil consequent, or the ma<g ref="char:EOLhyphen"/>lice
of the sinner.</head>
                     <p>THis rule is intended to remedy a great error that is in the World and pre<g ref="char:EOLhyphen"/>vails
very much to the abuse of Mens perswasions in many cases of Con<g ref="char:EOLhyphen"/>science;<note place="margin">1.</note>
                        <hi>viz.</hi> that all sins which are <hi>Unnatural</hi> are the worst: and to be a sin
<hi>against Nature</hi> is the highest aggravation of it in the world: which if it were
true in <hi>thesi,</hi> yet because when it comes to be reduc'd to practice it is wrap'd up
in uncertain notices, it ought to be more warily handled. For when Men have
first laid huge loads of declamations upon all <hi>Natural rights,</hi> and <hi>Natural
wrongs,</hi> and then endeavour'd to draw forth a collective body of Natural laws,
and they have done it by chance or as they please, they have put it within their
own powers to make what things they list as execrable as <hi>murder</hi> or <hi>blasphemy;</hi>
without any other reason, but that they have called them <hi>Unnatural sins.</hi>
                     </p>
                     <p>Concerning which these things are considerable:</p>
                     <p>1. All sins against Nature are no more the most detestable then all sins
against God:<note place="margin">2.</note> because if the <hi>Kind</hi> of sins, or the <hi>General reason</hi> or <hi>object</hi> of its
irregularity were all that were considerable in this, nothing could be the aggra<g ref="char:EOLhyphen"/>vation
of a sin more then this, that it were <hi>against God.</hi> Now because all sins are
against God, and yet amongst them there is difference, the greatness of this ap<g ref="char:EOLhyphen"/>pellative
is not the onely thing that is considerable. But this is, that as all sins
are against God, so all are <hi>against Nature,</hi> some way or other: and the reason
that concludes against every sin is that reason that is common to all wise men;
and therefore it must be also <hi>Natural:</hi> I doe not mean, taught us without the
help of revelation or institution, but such as all men when they are taught, find
to be really, and in the Nature of <hi>things so constituted,</hi> to be reasonable.</p>
                     <p>All voluntary pollutions are sins against Nature;<note place="margin">3.</note> because they are sa<g ref="char:EOLhyphen"/>tisfactions
of lust in waies otherwise then Nature intended: but they are not
all of them worse then adultery or fornication. For although all such pollutions
are besides natures provisions and order: yet some of them are more single
evils then fornication; which although it be against Nature too, because it dis<g ref="char:EOLhyphen"/>honours
the body, yet it is by Name forbidden in the Commandement, which
some of the others are not, but come in by consequence and attendance: and
fornication includes the crime of two, which the other does not alwaies; and
it is acted with more vile circumstances and follies, and loss of time, and other
foul appendages. It is said to be against Nature to approach a woman during
her Natural separations. But if it be a sin (which I shall consider in its due
place) yet it is of the smallest consequence and malignity; so that for a sin to
be <hi>against Nature,</hi> does onely denote its <hi>material part,</hi> or <hi>the body</hi> of it; but does
not alwaies superinfuse a venome and special malignity, or greatness of crime
into it, above other sins. But it is according as the instance is. * Every sin
against the duty we owe to our parents is <hi>Unnatural:</hi> but they have their height<g ref="char:EOLhyphen"/>nings
and diminutions from other accounts, and in this they have variety.
<pb n="259" facs="tcp:58903:158"/>
* And it is observable that there were some laws made concerning some of
these and the like instances in the judicial law of <hi>Moses:</hi> but none in the Mo<g ref="char:EOLhyphen"/>ral:
and therefore that the irregularity in some of these cases though it hath
met with a foul appellative, yet is to be estimated by more certain proporti<g ref="char:EOLhyphen"/>ons
then such casual appellations.</p>
                     <p>2. The <hi>breach of a Commandement</hi> is a surer rule to judge of sins then
the doing against <hi>a Natural reason.</hi>
                        <note place="margin">4.</note> For there are many things which are Un<g ref="char:EOLhyphen"/>reasonable
which are not Unlawful: and some things which are in some cir<g ref="char:EOLhyphen"/>cumstances
reasonable, but yet in the law forbidden and irregular: such are
all those things which are permitted for the hardness of our hearts. So was
Polygamy to the Patriarchs, and to the Jewes. So is the breach of laws by
an Universal deficiency of the people; which though it be infinitely Unlaw<g ref="char:EOLhyphen"/>ful,
yet for the Unreasonableness in punishing all, it becomes permitted to all.
Therefore to estimate the goodness or badness of an action by its being reaso<g ref="char:EOLhyphen"/>nable
or unreasonable is infinitely fallacious, unless we take in other measures.
It is unreasonable that a man should marry when he is fourscore yeers old, but
it is not unlawful. It is unreasonable for an old man to marry a young maiden,
but I find no sin in it. Nothing is more against Nature then to marry <hi>June</hi>
and <hi>December;</hi> and it is Unnatural to make productions by the mixture of an
horse and an ass; and yet it is done without scruple. But in these and the like
cases, the Commandement and nothing else is the measure of right and wrong.</p>
                     <p>3. When the Measure of the Commandement is observed,<note place="margin">5.</note> the degree
of the sin is not to be deriv'd from the greatness nor smalness of its Unreason<g ref="char:EOLhyphen"/>ableness
in its own Nature, nor yet by its contradicting a <hi>prime</hi> or a <hi>secondary
reason.</hi>
                     </p>
                     <p>
                        <hi>The reason of the first is,</hi> because there are no degrees of reason in the
Nature of things. Reason is an indivisible thing, simple as the Understanding;
and it onely receives increase by numbers, or by complication with matter and
relations. It is as Unreasonable to think a thought against God, as to kill a man.
It is as Unreasonable and Unnatural to speak against experience, as against a
necessary proposition: against a truth in Mathematicks, as against a truth in
Scripture; and in the proper natural reason of things there can be no difference
in degrees, for a truth increases not, neither can it decrease.</p>
                     <p>* <hi>The reason of the second is,</hi> because that a reason is prime or secondary is
accidental to the case of Conscience, or to the efficacy of its persuasion. For
before contracts were made or dominions distinguish'd, it was a prime truth
that such things as every one seiz'd on were his own by the priority of title.
It was a secondary truth, that every one was to be permitted to his right for
which he hath contracted, and which is in his possession. Now these reasons
are prime or consequent according to the state of things to which they are fit<g ref="char:EOLhyphen"/>ted,
but the reason from thence receives no increment, nor the fact any alte<g ref="char:EOLhyphen"/>ration.</p>
                     <p>And this is also true whether the reason be known to us with or without
a teacher.<note place="margin">6.</note> For the highest truths of God are such as are communicated by
revelation; and it is all one whether God teaches us by Nature or by
Grace, by discourse or by experience. There is this onely difference, that
in such truths which are taught, some men can have an excuse because all
are not alike instructed in them; but in those things which are borne with
us, or are consented to as soon as spoken, it cannot be supposed but all men
(that are not fools) know them; and therefore they can have no pretence
<pb n="260" facs="tcp:58903:159"/>
of ignorance in such cases: So that sins against <hi>prime</hi> or <hi>secondary</hi> truths, a<g ref="char:EOLhyphen"/>gainst
truths <hi>Original</hi> or <hi>Consequent</hi> truths <hi>born</hi> or <hi>taught</hi> doe not differ in the
nature of the things, but may cause an accidentall difference in the person, and
may take from him the excuse of ignorance, and so make the man more sinful,
but not the action in it self and in its own Nature worse.</p>
                  </div>
                  <div n="7" type="rule">
                     <head>RULE 7. Actions which are forbidden by the law of Nature
either for defect of power, or for the incapa<g ref="char:EOLhyphen"/>city
of the matter, are not onely unlawful but
also void.</head>
                     <p>THIS is true in contracts,<note place="margin">1.</note> and acts of donation, in vowes and dedition, and
all rely upon the same reason. He that cannot give, and he that cannot
be given cannot contract or be contracted with. <hi>Titius</hi> intends to marry <hi>Cor<g ref="char:EOLhyphen"/>nelia</hi>'s
servant, because he desires to have children, and to live comfortably
with the wife of his youth. He does so; and in their first access he finds her
whom he thought to be a woman, to be an Eunuch; and therefore not a
person capable of making such a contract: she did ill in contracting, but she
hath done nothing at all besides that ill, for the contract is void by the in<g ref="char:EOLhyphen"/>capacity
of the person.</p>
                     <p>Upon this account the Lawyers amongst the causes of the Nullities of
marriage reckon <hi>Error personae,</hi>
                        <note place="margin">2.</note> the mistake of the person; though certainly
this is not to be extended beyond the meer incapacities of Nature, if we speak
of Natural nullities. Thus if I contract with <hi>Millenia</hi> whom I suppose to be
a Lady, and she proves to be a servant, or of mean extraction, though if she
did deceive me she did ill in it; yet if she could naturally verifie that contract,
that is, doe all the offices of a wife, the contract is not naturally void; whe<g ref="char:EOLhyphen"/>ther
it be void upon a civil account is not here to be enquired: but by the law
of Nature it is void, onely if by nature it cannot be consummate. For by a
civil inconvenience or mistake the contracts of Nature cannot be Naturally
invalid; because that is <hi>after Nature</hi> and of another consideration, and of a
different matter. For that a mans wife should be rich, or free, is no more
of the necessity of the contract of Marriage, then it is that she should be good
natur'd, or healthful: with this onely difference, that <hi>if a man contracts</hi> upon
certain conditions, the contract is void if the conditions be not verified; and
for those things which are <hi>present</hi> and <hi>actual</hi> he can contract, but not for what
is <hi>future, contingent</hi> and <hi>potential.</hi> A man may contract with a maiden to take
her for his wife if she be free, or if she have such a portion; but not upon con<g ref="char:EOLhyphen"/>dition
that she shall be healthful for seven years. Because whatever condition
can be stipulated for must be actual before consummation of the Marriage:
afterwards it is for better or worse: the want of any such condition is not so
great an evil to the man as it is to the woman to be left after she is dishonour'd.
So that if it be a thing which <hi>can</hi> be contracted for, and be <hi>actually</hi> contracted
for, in the destitution of the condition the contract is void. But if there be
no such express stipulation made, there is nothing can be made a nullity by na<g ref="char:EOLhyphen"/>ture,
but that which is a natural incapacity: and therefore if a Gentleman
<pb n="261" facs="tcp:58903:159"/>
contracts with a slave whom he thinks to be a free woman, with a bastard
whom he thinks to be legitimate, with a begger whom he thinks to be a great
Heiress, the contract is Naturally valid; because there is in it all the Natural
capacity; if she be a woman, if she can be a wife, and can be his, there is no
more requir'd to a verification of the contract in the law of Nature. By the
way I desire to be observed that to separate or disannull a contract is not the
same thing with declaring it to be null of it self or from the beginning. The
reason why I insert this here is lest the explication of the Rule seem infirme up<g ref="char:EOLhyphen"/>on
the account of other instances: For if a man marries a woman whom he
took for a maid and she proves not to be so, by the <hi>Mosaick law</hi> she was to be
separated by death or divorce: but this is not a nullity: but a divorce may be
for that cause which was in being before the marriage as well as for the same
reason after.</p>
                     <p>The other natural cause of invalidity is when the contract is made by
him who had no power naturally to make it.<note place="margin">3.</note> This happens in case of precon<g ref="char:EOLhyphen"/>tracts.
<hi>Spurius Fescennius</hi> woes a Greek Virgin, and obtaining her consent
contracts himself to her, and promises to marry her within a certain limited
time. But before the expiration of that time <hi>Publius Niger</hi> dies, and leave his
widow young and rich and noble; which advantages <hi>Fescennius</hi> observing,
growes in love with them and in a short time quits his pretty Greek, and mar<g ref="char:EOLhyphen"/>ries
the rich Roman Lady. But being troubled in Conscience about the fact
inquires what he hath done, and what he ought to doe: and he was answer'd
thus, If he was married to the Greek, he must return to her if she will receive
him, and quit his new lady; because he was not a person capable to contract
with her being married to another: a dead man may as well marry as that an
Husband can marry to another, and quit that which had possess'd all his for<g ref="char:EOLhyphen"/>mer
power. For in all moral actions there must be a <hi>substantial, potestative</hi>
principle that must have a proportion'd power to the effect; a thing cannot be
done without a cause and principle in morality, any more then in Nature. If
a woman goes about to consecrate the holy Sacrament, it is <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>, it is
an ineffective hand, she sins for attempting it, and cannot doe it afterwards;
and it were wiser and truer if men would think the same thing of their giving
baptisme, unless they will confess that to baptize children is a meer natural and
secular action to which Natural powers are sufficient; or that women have re<g ref="char:EOLhyphen"/>ceived
Spiritual powers to doe it; and that whether a Priest, or a Woman
does it is no difference, but matter of order onely. If an effect be spiritu<gap reason="illegible" resp="#TECH" extent="2 letters">
                           <desc>••</desc>
                        </gap>,
the agent must be so too, if the effect be gracious and precarious, so must t<gap reason="illegible" resp="#TECH" extent="2 letters">
                           <desc>••</desc>
                        </gap>
active cause; Thus it is in contracts, and donations, which cannot be done
without the power of him that does it. But he who hath already given away
his power, hath none to act withall: <hi>he cannot doe one action twice.</hi>
                     </p>
                     <p>But this is to be understood onely after the actual cession of the power and
active principle;<note place="margin">4.</note> not after promises but after possession. Therefore if <hi>Fescen<g ref="char:EOLhyphen"/>nius</hi>
was onely contracted or promised for the future though he sin'd grievous<g ref="char:EOLhyphen"/>ly
in afterwards contracting with the other, yet it is valid. For a promise take<gap reason="illegible" resp="#TECH" extent="1 letter">
                           <desc>•</desc>
                        </gap>
not away our dominion in a thing, but obliges us to use it in a certain manner<g ref="char:punc">▪</g>
                        <hi>Bartolus</hi> appoints his Cosen <hi>Ancharanus</hi> to be his Proctor at a Synod, and
promises that he will not revoke the deputation: but afterwards does; he is a
breaker of promise; but the revocation is good. So it is in Testaments, and
so in promises. For if after promise we have no right in the thing which we
have promis'd, then we have no power to performe it; but if we have a right,
then the after act is valid, because it hath a natural potestative cause; but if
<pb n="262" facs="tcp:58903:160"/>
the power be past from us, as if <hi>Fescennius</hi> were married to the Greek, he had
not himself to give; for as he in the Comedy said of servants.
<q>
                           <l>
                              <gap reason="foreign">
                                 <desc>〈 in non-Latin alphabet 〉</desc>
                              </gap>
                           </l>
                           <l>
                              <gap reason="foreign">
                                 <desc>〈 in non-Latin alphabet 〉</desc>
                              </gap>.</l>
                        </q>
The man hath not power over his own body, but the Master hath; so hath the
wife over the Husband, and therefore he hath nothing now to give, and if he
does, he does nothing; the man loses his honesty, but the wife does not lose
her right. But of the instance I am to speak in its own place. Here onely I
am to consider the general Rule and its reason.</p>
                  </div>
                  <div n="8" type="rule">
                     <head>RULE 8. When an act is forbidden by the law of Nature
for the turpitude and undecency that it hath in
the matter of the Action, the act is also void
when the turpitude remains or hath a perpetual
cause.</head>
                     <p>HE that contracts a marriage with his Fathers wife,<note place="margin">1.</note> or any marriage, in
which every illicite act is a new sin, hath not onely sin'd in making the
contract, but the marriage is void by the law of Nature; and the reason is,
because no man can bind himself to sin; so that here also there is a defect of
power: no man can bind himself against God; and the <hi>law of Nature</hi> whose
prime rule is <hi>to doe good and to eschew evil</hi> cannot verifie an act which prevari<g ref="char:EOLhyphen"/>cates
her greatest principle. Nature cannot give leave to sin against Nature;
it were a contradiction:<note place="margin">L. Si stipuletur. de verb. oblig.</note> for then the same thing should be according to Na<g ref="char:EOLhyphen"/>ture
and not according; and this is expressly affirm'd in the law; <hi>Quod leges
prohibent, si perpetuam causam servaturum est, cessat obligatio: ut si sororem sibi
nupturam aliquis stipuletur.</hi> He that promises to marry his sister is not bound
to verifie it, and if he have done it he is bound to quit her, because every act
of conjunction with her is incestuous, and a state of sin cannot be consented
to, nor verified by Nature who is an essential enemy to it.</p>
                     <p>This is to be understood onely in things forbidden by the law of Nature,<note place="margin">2.</note>
the Eternal law of God, or his positive temporary law; but is not true in
things forbidden onely by men: the reason of them both is, because no man
hath power to contract against <hi>a Divine law:</hi> but if he have contracted against
<hi>a humane law;</hi> his contract is established by a Divine law, and is greater then
the humane; where the Divine does not intervene by some collateral interest.
The law of the Church of <hi>Rome</hi> forbids some persons to contract marriage;
and yet if they doe the contract is valid; because the persons being Naturally
or by Divine law capable of contracting, they onely sin'd who entred a<g ref="char:EOLhyphen"/>gainst
law or leave, but they sin'd then onely; for the after actions being
no sins, cannot be invalidated.</p>
                     <p>And yet if the contract be made against a Divine law,<note place="margin">3.</note> it is not invalid,
unless the Divine law have a perpetual influence upon the state, or renewed
actions. If a Jew did buy and sell upon the Sabbath he sin'd against a Divine
law; but his contract is valid. He that contracts with a woman of fornicati<g ref="char:EOLhyphen"/>tions
<pb n="263" facs="tcp:58903:160"/>
and lies with her for a price, hath sin'd in so doing, but is bound to pay
her the price of her lust: because nothing here is against the Divine law but the
fornication; but the contract being extrinsecal to the Nature of the sin, is
not made null by that sin: but that which is intrinsecally evil, is for ever so,
and therefore must be broken in pieces.</p>
                     <p>In all other cases,<note place="margin">4.</note> whatsoever is forbidden by the law of Nature is a sin
if it be done, but it is valid and effective to all purposes of that law. It is against
the law of Nature to take a great price for a trifle, but if it be contracted for
it must be paid. If a theef makes me promise to pay him 20 l. the next day;
though he sin'd against a Natural law in doing me that violence, and exacting
of me that promise, yet the stipulation must stand.</p>
                     <p>The summe is this; Where ever there is <hi>power,</hi> and <hi>will,</hi> and in the perma<g ref="char:EOLhyphen"/>nent
effect <hi>consonancy to the prime measures of Nature,</hi> there the actions are valid,
though they entred at the wrong door.</p>
                     <p>But, <hi>He that wants power,</hi> let his will be never so strong, it effects
nothing without: it is just like the King that commanded the waves of
the Sea not to come to the foot of his chair; they came for all his will
to the contrary.</p>
                     <p>
                        <hi>He that wants will,</hi> wants also an integral part of the constitution of the act,
and does nothing.</p>
                     <p>But <hi>when he hath</hi> a Natural and legal power, and an effective will, yet if the
whole state or the after-actions dwell in sin, it cannot be permitted by Nature,
but must be turned out of doors.</p>
                  </div>
                  <div n="9" type="rule">
                     <head>RULE 9. The law of Nature can be dispensed with,<note place="margin">Vide reg. 1. n. 43, 44. &amp;c.</note> by the
Divine power.</head>
                     <p>I Am willing publikely to acknowledge that I was alwaies since I understood
it,<note place="margin">1.</note> a very great enemy to all those questions of the School which inquire
into the power of God: as whether by Gods absolute power a body can be
in two places: whether God can give leave to a man to sin: and very many
there are of them to as little purpose. But yet here I am willing to speak in
the like manner of expression, because the consequent and effect of it goes
not to a direct inquiry concerning the Divine power, for it intends to remon<g ref="char:EOLhyphen"/>strate
that because Gods does actually dispense in his own law, this prime law
of God, or the law of Nature is nothing else but the express and declar'd will
of God in matters proportionable to right reason and the nature of Man.</p>
                     <p>But in order to the present inquiry;<note place="margin">2.</note> it is to be observed that Gods di<g ref="char:EOLhyphen"/>spensation
is otherwise then Mans dispensation;<note place="margin">1.</note> 1. <hi>God is the supreme Lawgiver,</hi>
and hath immediate power and influence over laws, and can cancell <hi>these,</hi> and
impose <hi>those,</hi> new or old as he please. By this power it is that he can relaxe to
particular persons their personal obligation <hi>quoad hic &amp; nunc &amp; sic;</hi> and if he
does, the law still remaining in its force and power to other persons and in
other cases,<note place="margin">2.</note> this is properly <hi>dispensation.</hi> 2. <hi>God is the supreme Lord,</hi> and can
transfer dominions and take away Kingdomes, and give them to whom he
<pb n="264" facs="tcp:58903:161"/>
please; and when he makes such changes, if he commands any one to be his
Minister in such translations, he does legitimate all those violences by which
those changes are to be effected: and this also is a <hi>dispensation;</hi> but <hi>improperly.</hi>
3. <hi>God also is the supreme Judge,</hi>
                        <note place="margin">3.</note> and can punish and exauthorate whom he
please, and substitute others in their room; and when he does so by command
and express declaration of his will; then also he dispenses in those obligati<g ref="char:EOLhyphen"/>ons
of justice, or obedience, or duty respectively, by which the successor or
substitute, or Minister was hindred from doing that which before the command
was a sin, but now is none: and this also is another manner of dispensation.
Some Doctors of the law are resolved to call nothing <hi>Dispensation,</hi> but the first
of these: and the other under another name shall signifie the same thing; but
say they, He onely dispenses who does take off the obligation <hi>directly,</hi> by his <hi>le<g ref="char:EOLhyphen"/>gislative</hi>
power without using his <hi>judicative</hi> and <hi>potestative,</hi> he who does it as
an act of direct jurisdiction, not as a <hi>Lord,</hi> or a <hi>Judge,</hi> but as a <hi>Lawgiver:</hi> Now
say they, God does never as a Lawgiver cancel or abrogate any law of Na<g ref="char:EOLhyphen"/>ture:
but as a Lord he transfers rights, and as a Judge he may use what in<g ref="char:EOLhyphen"/>struments
he please in executing his Sentence, and so by subtracting or
changing the matter of the laws of Nature, he changes the whole action.
To these things I make this reply.</p>
                     <p>1. That this is doing the same thing under another manner of speaking,<note place="margin">3.</note>
for when it is inquired whether the law of Nature is dispensable; the meaning
is, whether or no that which is forbidden by the law of Nature may in certain
cases be done without sin: but we mean not to enquire whether or no this
change of actions from <hi>unlawful</hi> to <hi>lawful</hi> be that which the Lawyers in their
words of art and as they define it call <hi>Dispensation:</hi> for in matters of Consci<g ref="char:EOLhyphen"/>ence,
it is pedantry to dispute concerning the formes and termes of art:
which Men to make their Nothings seem learning dress up into order and me<g ref="char:EOLhyphen"/>thods,
like the dressings and paintings of people that have no beauty of their
own: but here the inquiry is and ought to be more material in order to practice
and cases of Conscience. For if I may by God be permitted to do that,
which by the law of Nature I am not permitted, then I am dispensed with in the
law of Nature, that is, a leave is given to me to doe what otherwise I might not.</p>
                     <p>2. That the doing of this by any of the forenamed instruments or waies
is a dispensation and so really to be called,<note place="margin">4.</note> appears in the instances of all laws.
For if it be pretended that the Pope can dispense in the matter of vowes, or a
Prince in the matter of mariages; which are rate and firm by the law of nature;
he cannot doe it by direct jurisdiction or by annulling the law which is greater
then either King or Bishop: for when a dispensation is given in these instances,
it is not given but when there is cause: and when there is cause the matter is
chang'd; and though the law remains, yet in a changed matter the obligation
is taken off; and this is that which all the world calls dispensation, and so it
is in the present question; when God changes the matter or the case is pity<g ref="char:EOLhyphen"/>able,
or some greater end of God is to be served, that is, when there is cause, God
dispenses, that is, takes off the obligation. Here onely is the difference,</p>
                     <p>3. <hi>In Divine dispensations</hi> God makes the cause;<note place="margin">5.</note> for his laws are so wise,
so prudent, so fitted for all needs and persons and all cases that there is no de<g ref="char:EOLhyphen"/>f<gap reason="illegible" resp="#TECH" extent="1 letter">
                           <desc>•</desc>
                        </gap>illance
or new arising case which God did not foresee: but because he hath
ends of providence, of justice, of goodness or power to serve, he often in<g ref="char:EOLhyphen"/>troduces
new causes of things, and then he gives leave to men to finish his de<g ref="char:EOLhyphen"/>signes
<pb n="265" facs="tcp:58903:161"/>
by instruments which without such leave would be unlawful. But
in Humane dispensations the cause is prepared before hand, not by the
Lawgiver, but by accident and unavoidable defect: for <hi>without cause</hi>
dispensations are not to be granted; but in both the dispensation is not
without the changing of the matter, that is, without altering the case.
God does not give leave to any man to break a Natural law, as long
as he keeps that Natural law in its own force and reason; and neither does
a Prince or Bishop give leave to any Subject to break any of his Laws
when there is no need; for the first would be a contradiction, and the
second a plain ruine of his power, and a contempt to his lawes: There<g ref="char:EOLhyphen"/>fore
in the summe of affairs it is all one; and because actions generally
forbidden by the law of Nature may by God be commanded to be done,
and then are made lawful by a temporary command, which he made unlaw<g ref="char:EOLhyphen"/>ful
by Nature or first sanction; this is a direct dispensing with single per<g ref="char:EOLhyphen"/>sons
in the law of Nature. And to say it is not a dispensation, because
God does not doe it by an act of simple <hi>jurisdiction,</hi> but by the intertexture
of his <hi>dominative</hi> and <hi>Judicial power,</hi> is nothing but to say that God having
made a law agreeable to reason, will not doe against that reason which himself
made, till he introduces a higher, or another. For while all things remain
as was foreseen or intended in the law, both divine and humane laws are
indispensable, that is, neither God in his providence, nor Men in the admini<g ref="char:EOLhyphen"/>stration
of justice and government doe at all relaxe their law. If it be said, a
King can doe it by his absolute power, though it be unjust: I confess this God
cannot doe, because he can doe no wrong: but if God does it, his very doing
it makes it just: and this a King cannot doe. But if the question be of matter
of power, abstracting from considerations of just or unjust; there is no pe<gap reason="illegible" resp="#TECH" extent="1 letter">
                           <desc>•</desc>
                        </gap>ad<g ref="char:EOLhyphen"/>venture
but God can doe in his own law, as much as any Prince can doe in his.
When the matter is chang'd, the Divine law is as changable as the humane, with
this onely difference, that to change the matter of a Divine Natural law, is like
the changing of the order of Nature; sometimes it is done by Miracle<g ref="char:punc">▪</g> and
so is the law also chang'd, by extraordinary dispensation; but this although
it can happen as often as God please, yet it does happen but seldome as a Mira<g ref="char:EOLhyphen"/>cle;
But in humane laws it can and does often happen, and therefore they are to
be dispensed with frequently: and sometimes the case can so wholly alter, and
the face of things be so intirely new, and the inconvenience so intolerable that
the whole law must pass away into desuetude and nullity; which can never hap<g ref="char:EOLhyphen"/>pen
in the Divine Natural law; because the reason of it is as eternal as Nature
herself; and can onely be interrupted by rare contingencies of Gods procuring,
as the order of Nature is by Miracle; but will revert, because Nature will re<g ref="char:EOLhyphen"/>turn
into her own channel, and her laws into their proper obligation.</p>
                     <p>4. But now to the matter of fact that God hath dispensed not onely by
subtraction or alteration of the matter,<note place="margin">6.</note> but by direct jurisdiction, that is, as
he is a <hi>Judge,</hi> and a <hi>Lord,</hi> and a <hi>Lawgiver</hi> even in all the waies in which dispen<g ref="char:EOLhyphen"/>sations
can be made appears in several instances.</p>
                     <p>1. That the marriage of one Man and one Woman is by the law of Na<g ref="char:EOLhyphen"/>ture,<note place="margin">7.</note>
appears by the institution of marriage, and by Christs revocation of it to
the first sanction. It was so from the beginning: and if any thing be a law of
Nature, that is one by the consent of all men: and yet <hi>Moses</hi> permitted divor<g ref="char:EOLhyphen"/>ces,
and God and <hi>Moses</hi> his servant permitted Polygamy when there was no ne<g ref="char:EOLhyphen"/>cessity,
no change of the matter or of case, but only that men had a mind to it.
<pb n="266" facs="tcp:58903:162"/>
For if the conjunction of male and female was established <hi>in singulari conjugio</hi>
at the first, when there might be a greater necessity of multiplying wives for
the peopling the world, then as the world grew more populous the necessity
could less be pretended; therefore this must be an act of pure jurisdiction: the
causes of exception or dispensation grew less when the dispensation was more
frequent, and therefore it was onely a direct act of jurisdiction. Though I
confess that to distinguish <hi>dominion</hi> from <hi>jurisdiction,</hi> and the power of a
<hi>Judge</hi> from that of a <hi>Lawgiver,</hi> I mean when both are supreme, and the pow<g ref="char:EOLhyphen"/>er
of a <hi>Lord</hi> from them both, is a distinction without real difference: for as he
is our <hi>Lord</hi> he gives us laws and <hi>judges</hi> us by those laws: and therefore nothing
is Material in this inquiry, but whether the action can pass from unlawful to
lawful; though because the Lawyers and other Schools of learning use to speak
their Shibboleth, I thought it not amiss to endeavour to be understood by
them in their own way. So again, That brother and sister should not marry
is suppos'd to be a law of Nature: but yet God dispens'd with it in the case
of <hi>Cain</hi> and his sister: and this he did as a Lord or as a Lawgiver; he made it
necessary to be so, and yet it was not necessary he should make it so; for he
could have created twenty men and twenty women as well as one: But that
which is incest in others was not so in him; but there was no signal act of do<g ref="char:EOLhyphen"/>minion
or of Judicature in this, but it was the act of a free Agent; and done be<g ref="char:EOLhyphen"/>cause
God would doe so; whether this be <hi>jurisdiction</hi> or <hi>dominion,</hi> let who can
determine.</p>
                     <p>2. But in some things God did dispense by changing the matter,<note place="margin">8.</note> using
that which men are pleas'd to call <hi>the right of Dominion.</hi> Thus God did dispense
with <hi>Abraham</hi> in the matter of the sixt Commandement; God commanded
him to kill his Son, and he obeyed, that is, resolved to doe it, and will'd that,
which in others would be wilful murder. Now God was Lord of <hi>Isaac</hi>'s life,
and might take it away himself, and therefore it was just: but when he gave <hi>A<g ref="char:EOLhyphen"/>braham</hi>
command to doe it, he did not doe it but by dispensing with him, in that
Commandement: It is true that God by his dominion made the cause for
the dispensation; but yet it was a direct dispensation; and it is just as if God
should by his dominion resolve to take away the lives of the men in a whole
Nation, and should give leave to all mankinde to kill all that people as fast as
they could meet them, or when they had a minde to it: And this was the
case of the sons of Israel, who had leave to kill the Canaanites and their neigh<g ref="char:EOLhyphen"/>bours.
God dispensed with them in the matter of the sixth and eighth Com<g ref="char:EOLhyphen"/>mandements:
for it is not enough to say, That God as Lord of lives, and for<g ref="char:EOLhyphen"/>tunes,
had devested them of their rights, and permitted them to others: for that
is not enough, that God as Lord hath taken away the lives and liberties and
possessions of any man, or community of Men: for that act of dominion is
not enough to warrant any man to execute the Divine decree; Nay though
God hath decreed and declar'd it concerning a crime that it shall be capital, yet
a man must have more then this to make it lawful to put that man to death.
He must be a Minister of the Divine jurisdiction; he must have a power intrust<g ref="char:EOLhyphen"/>ed
to him from God, and a Commission to execute the Divine Sentence; and
from hence it follows undeniably, that since the delegate power is a delegate
jurisdiction and without this a man may not put a Capital offender to death;
that therefore the supreme power from whence the delegation is commissiona<g ref="char:EOLhyphen"/>ted
is also a power of jurisdiction; and therefore if the words of their own
Art are true, this leave given to doe that which without that leave were a sin
against the law of Nature, is properly and truly a <hi>Dispensation.</hi>
                     </p>
                     <p>
                        <pb n="267" facs="tcp:58903:162"/>
3. The third way of dispensing is by applying the power of a Judge to a
certain person or community,<note place="margin">9.</note> and by way of punishment to take from him
what cannot be taken from him but by a superior power, or by the Supreme;
Thus we are commanded by the law of Nature to give nourishment and
to make provisions for our children; but if children prove rebellious
and unnatural; God can command us to neglect that duty, and to ex<g ref="char:EOLhyphen"/>pose
them to the contingencies of fortune. It is by the law of Nature
commanded to us to love and honour our Parents; to be loving and kind to
our children: but if Parents inticed their children to idolatry, their children
might lay their hands upon them and stone them to death. * It is a com<g ref="char:EOLhyphen"/>mand
and a prime rule of the law of Nature that we should doe as we would
be done to: but even in this original rule and great sanction God did dispense
with the Israelites, for they might not exact upon one another by Usury:
but to strangers they might; what they hated to have done to themselves
they were willing and expressly permitted to doe to others. In these and
the like cases, although an act of <hi>dominion</hi> or <hi>judgement</hi> might intervene,
yet that's not enough to warrant the irregular action; there must be an act
of jurisdiction besides, that is, if God commands it or by express declara<g ref="char:EOLhyphen"/>tion
warrants it, then it may be done. Thus God as a Judge and being angry
with <hi>David</hi> intended to punish him by suffering his Concubines to be hum<g ref="char:EOLhyphen"/>bled
by his son in the face of all Israel, but though he did it justly; yet be<g ref="char:EOLhyphen"/>cause
<hi>Absalom</hi> had no command or warrant to doe what God threatned he
was criminal. But <hi>Jeroboam</hi> and <hi>Jehu</hi> had commissions for what they did,
though of it self it was otherwise violent, unjust, rebellious and unnatural,
and therefore did need the same authority to legitimate it, by which it be<g ref="char:EOLhyphen"/>came
unlawful. God often punishes a Prince by the rebellion of his Subjects
God is just in doing it; but he hates the instruments, and will punish them
with a fearful destruction unless they doe repent, in this case nothing can war<g ref="char:EOLhyphen"/>rant
the Subjects to strike, but an express command of God.</p>
                     <p>Thus I conceive the thing it self is clear and certain;<note place="margin">10.</note> but for the exten<g ref="char:EOLhyphen"/>sion
of this, the case is yet in question, and it is much disputed amongst them
that admit this rule in any sense, how many laws of Nature can be dispensed
with: for if all, then the consequents will be intolerable; if not all, by what
are they separated since they all seem to be established by the bands of Eternal
reason. * Some say that the precepts of the second Table are dispensable,
but not the first; But that is uncertain, or rather certainly false; for if God
did please he might be worshipped by the interposition of an image; or if he
essentially should hate that as indeed in very many periods of the world he
hath severely forbidden it; yet the second Commandement and the fourth
have suffer'd alteration and in some parts of them are exstinguished. * Others
say that the <hi>Negative precepts</hi> are indispensable; but not the <hi>affirmative.</hi> But
this is not true; not onely because every Negative is complicated with an
affirmative; and every affirmative hath a Negative in the armes of it, but be<g ref="char:EOLhyphen"/>cause
all the precepts of the second Table, the first onely excepted, are
Negative; and yet God can dispense with all of them as I have already
prov'd.</p>
                     <p>But though it be hard to tell how far this dispensation and Oecono<g ref="char:EOLhyphen"/>my
can reach,<note place="margin">11.</note> and to what particulars it can extend, because Gods waies are
unsearchable, and his power not to be understood by us; yet since our Bles<g ref="char:EOLhyphen"/>sed
Saviour hath made up a perfect Systeme of the Natural law, and hath
<pb n="268" facs="tcp:58903:163"/>
obtained to himself an everlasting kingdome, so that his law must last as long
as the world lasts, and by it God will governe mankinde for ever; by the
eternal reasonableness and proportions of this law we can tell what is indispen<g ref="char:EOLhyphen"/>sable
and what not: and the measure by which alone we can guess at it is this,
<hi>Every matter from whence the</hi> ratio debiti, <hi>or cause of the obligation can be taken
is dispensable.</hi> Now because God is supreme over all his creatures, and can
change all their affairs, and can also choose the manner of his own worship,
therefore in these things he can dispense.</p>
                     <p>But in that essential duty which his creatures owe to him the case is diffe<g ref="char:EOLhyphen"/>rent;<note place="margin">12.</note>
for though God can exact more or fewer instances of affirmative du<g ref="char:EOLhyphen"/>ty,
these or others, yet there cannot be an alteration of the main relation;
and of the intrinsick duty, and the intercourse of the soul with God in the
matter of the principal affections there can be no dispensation. It is eternally
and indispensably necessary that we love God: and it were a contradiction that
either God should command us to hate him, or that we could obey him if he
did. For obedience is love; and therefore if we obey'd God commanding us to
hate him, we should love him in hating him, and obey him by our disobedience.</p>
                     <p>Now if it be inquir'd to what purposes of Conscience all this inquiry
can minister;<note place="margin">13.</note> the answer to the inquiry will reduce it to practice; for the
proper corollaries of this determination of the question are these.</p>
                     <p>1. That our duty to God is supreme;<note place="margin">14.</note> it is onely due to him; it cannot
be lessen'd, and ought not upon any pretence to be extinguished; because his
will is the onely measure of our obedience; and whatsoever is in Nature,
is so holy for God and for Gods service, that it ought to bend, and decline
from its own inclination to all the compliances in the world which can please
God. Our reason, our Nature, our affections, our interest, our piety, our
religion are and ought to be Gods subjects perfectly; and that which they
desire, and that which we doe, hath in it no good, no worthiness but what
it derives from the Divine law and will.</p>
                     <p>2. That in the Sanction of the Divine laws the reason obliges more then
the letter:<note place="margin">15.</note> For since the change of the reason is the ground of all mutation
and dispensation in laws, it is certain that the reason and the authority, <hi>that</hi>
in the <hi>thing, this</hi> in <hi>God,</hi> are the soul and the spirit of the law: and though
this must not be used so as to neglect the law when we fancy a reason, yet
when the <hi>letter</hi> and <hi>the reason</hi> are in opposition, this is to be preferr'd before that.
If the reason ceases it is not enough of warrant to neglect the law; unless
a contrary reason arises, and that God cannot be served by obedience in that
instance, but when the case is not onely <hi>otherwise</hi> but <hi>contrary</hi> to what it was
before; let the design of God be so observ'd as that the letter be obeyed in
that analogy and proportion. It is a Natural law that we should not deceive
our neighbour: because his interest and right is equal to any mans else: but
if God have commanded me to kill him, and I cannot by force get him into
my hand, I may deceive him whom God hath commanded me to kill; if
without such a snare I cannot obey the command of God. But this is but
seldom practicable, because the reasons in all Natural laws are so fixt and twist<g ref="char:EOLhyphen"/>ed
with the accidents of every mans life, that they cannot alter but by Miracle,
or by an express command of God; and therefore we must in the use of this
Rule, wholly attend upon the express voice of God.</p>
                     <p>
                        <pb n="269" facs="tcp:58903:163"/>
3. It hence also will follow,<note place="margin">16.</note> that if an Angel from Heaven, or any Pro<g ref="char:EOLhyphen"/>phet,
or dreamer of dreams, any teacher and pretendedly illuminate person
shall teach or perswade to any act against any natural law, that is, against any
thing which is so reasonable and necessary that it is bound upon our Natures
by the spirit of God and the light of our reason, he is not to be heard: for un<g ref="char:EOLhyphen"/>til
God changes his own establishments, and turns the order of things into
new methods &amp; dispositions, the natural obligations are sacred &amp; inviolable.</p>
                     <p>4. From the former discourses it will follow,<note place="margin">17.</note> that the Holy Scriptures
of the New Testament are the light of our eyes, and the intire guide of our
Consciences in all our great lines of duty; because there our Blessed Lord
hath perfectly registred all the natural and essential obligations of Men to
God and to one another: and that in these things no man can or ought to be
prejudic'd; in these things no man is to have a fear, but to act with confidence
and diligence: and that concerning the event of these things no man is to
have any jealousies; because since all the precepts of Christ are perfective of
our Nature, they are instruments of all that felicity of which we can be ca<g ref="char:EOLhyphen"/>pable,
and by these we shall receive all the good we can hope for: and that,
since God hath by his holy Son declar'd this will of his to be lasting, and ne<g ref="char:EOLhyphen"/>ver
more to be changed by any succeeding law-giver, we must rest here, and
know that no power less then God can change any thing of this, and that
by this law we shall stand or fall in the eternal scrutiny.</p>
                  </div>
                  <div n="10" type="rule">
                     <head>RULE X. The law of Nature cannot be dispensed with by any
humane power.</head>
                     <p>THe reason is,<note place="margin">1.</note> 1. Because Nature and her laws have both the same Au<g ref="char:EOLhyphen"/>thor,
and are relative to each other; and these as necessary to the sup<g ref="char:EOLhyphen"/>port
and improvement of humane Nature, as nourishment to the support of
humane bodies: and as no man can create new appetites, or make hay or
stones to be our nourishment; so neither can he make that our Nature should
be maintain'd in its well-being without these laws. 2. The laws of Nature
being bound upon us by the law of God, cannot be dispensed withall, unless
by a power <hi>equal</hi> or the <hi>same,</hi> or <hi>superior</hi> to that which made the Sanction:
but that cannot be at all; therefore neither can they be dispensed with at all,
unless it be by God himself. 3. Natural laws are all the dictates of Natural
reason; and he that dispenses with the law, must have power to alter the rea<g ref="char:EOLhyphen"/>son:
which because it can never be done but by superinducing something
upon Nature greater then her own natural need, and none can doe this but
God, therefore none but he can dispense.</p>
                     <p>But because wise men have publikely said it,<note place="margin">2.</note>
                        <note place="margin">L. Manumissi<g ref="char:EOLhyphen"/>ones, &amp; l. jus civile. ff. de ju<g ref="char:EOLhyphen"/>stitia &amp; jure. &amp; in Sect. jus au<g ref="char:EOLhyphen"/>tem. instit. de ju<gap reason="illegible" resp="#TECH" extent="1 letter">
                              <desc>•</desc>
                           </gap>e Natur. Gentium &amp; civili.</note> 
                        <hi>Per jus Gentium &amp; Civile
aliquid detrahitur de jure Naturali,</hi> By the law of Nations and the Civil laws
something may be diminished from the law of Nature; it is to be considered
what truth they could signifie by those words: for unless by some instances
of case they had seen it lawfull, it is not to be suppos'd it could have been
by so wise persons made sacred. But the following measures are its limit.</p>
                     <p>1. <hi>Whatsoever is forbidden</hi> by the Natural law cannot be permitted by
the Civil;<note place="margin">3.</note> because where the highest power hath interpos'd, there the infe<g ref="char:EOLhyphen"/>rior
<pb n="270" facs="tcp:58903:164"/>
and subordinate hath no authority: for all it hath being from the Supe<g ref="char:EOLhyphen"/>rior,
it cannot be suppos'd it can prejudice that from whence it hath all its
being; for if it could be otherwise, then either the inferior must be above
the supreme, or the supreme must submit it self to what is under it.</p>
                     <p>2. <hi>Whatsoever is commanded</hi> by the law of Nature cannot be forbidden
by the Civil law;<note place="margin">4.</note> for God who is here the Law-giver is to be heard; and he
sets up no authority against himself, nor gives any man leave to disobey him.
These relie upon the same reasons, and are describ'd above.</p>
                     <p>3. <hi>That which the law of Nature hath permitted,</hi>
                        <note place="margin">5.</note> and no more, may be
made up into a civil law, or it may be forbidden, according to that rule in
the law, <hi>Quod licitum est ex superveniente causa mutatur,</hi> That which is onely
lawful by a supervening cause may be chang'd. For rights are before laws in
time and Nature; and are onely such licences as are left when there are no
laws. Commands and prohibitions of Nature not being the matter of Civil
laws, unless it be by way of corroboration; there can no laws be made in a
Natural matter unless there be restraints or continued permissions of their
first rights. For that which in morality we call <hi>indifferent,</hi> in Nature we call
<hi>a right:</hi> that is, something that is permitted me to doe or to use as I see cause
for, is a thing upon which no restraint is made; that is, there is no law con<g ref="char:EOLhyphen"/>cerning
it: but therefore the Civil law may restrain it, because the liberty
and its use may doe mischief, and there is no law hinders it to be dispos'd
by men. For if I may by my private power or interest use any of it or deny
my self the use of it, much more may the Civil power doe it. I might not
doe it my self, if any law of God had forbidden me; but if no law of God
hath forbidden, what can hinder but that the civil power may order it? Such
are <hi>Natural liberty, community, powers of revenge, of taking any thing, of kil<g ref="char:EOLhyphen"/>ling
any man that injures me.</hi>
                     </p>
                     <p>4. <hi>That which is confirm'd</hi> by the law of Nature,<note place="margin">6.</note> may by the civil power
be altered and dispensed with: which happens in two cases.</p>
                     <p>1. When the obligation supposes a foregoing act of the will, and is arbi<g ref="char:EOLhyphen"/>trary
in one of the terms of relation. <hi>Titius</hi> owes 1000 l. to <hi>Caius;</hi> and by
the essential or Natural laws of justice is bound to pay him: but because
this supposes a private right in <hi>Caius,</hi> upon whom there is no restraint but
he may use it, or let it alone; therefore <hi>Caius</hi> being at his liberty may re<g ref="char:EOLhyphen"/>fuse
to use his power of demanding the money of <hi>Titius,</hi> and forgive it him;
and if he doe, <hi>Titius,</hi> although bound by the Natural law to pay him, is by
the private power of <hi>Caius</hi> dispensed with. Because in obligations as in argu<g ref="char:EOLhyphen"/>ments,
if there be one leg that can fail, the conclusion is infirm. If one part
can be loosed, the continuity of the whole is dissolved.</p>
                     <p>2. The other case is like this, When the obligation is upon a condition, if
the condition of it self fails or be annulled by any just power or interest, the
obligation which was introduc'd by the law of Nature can be rescinded or
dispensed with: for Nature binds and loses according to the capacity of the
things. It passes a temporal band upon temporal reasons &amp; necessities, &amp; an
Eternal band upon that whose reason can never fail, and where the necessity
is indeterminable. And if a Natural law could bind longer then that reason
lasts for which it did bind, then a Natural law could be unreasonable, which
is a contradiction. But then if the law does not bind in this case beyond the
condition, then it is but improperly to be called a dispensation when it is re<g ref="char:EOLhyphen"/>laxed:
<pb n="271" facs="tcp:58903:164"/>
but it is usual to call it so, and it is well enough; for it means this great
direction to Conscience, that though the law of God be eternal, yet it's obli<g ref="char:EOLhyphen"/>gation
may cease in the foregoing cases: For even Judges are said to dispense
by interpreting the law, and applying that interpretation to particulars.</p>
                     <p>5. <hi>The civil law can extrinsecally change the Natural law.</hi>
                        <note place="margin">7.</note> For things may
be alter'd or cease by an intrinsick or by an extrinsick cause. A Father ceases
to be a Father when he dies, &amp; he ceases to be a Father if all his children die:
this alteration is by an extrinsecal cause; but to all effects and purposes it is
the same as to the present case. Now although Nature cannot die, as Species
doe not perish; yet Nature may change, as individuals may die: that is, if the
matter of the law be subtracted, or so changed that it is to be governed with
another portion of reason, then the law also must cease as to that particular.
For as in the body of Man there is great variety of accidents &amp; mutability
of matter, but all that variety is governed by the various flexures of the
same reason, which remains unchanged in all the complications and twistings
about the accidents, &amp; is the same though working otherwise: so it is in the
laws of Nature, whose reason and obligation remains unchanged, even when
it is made to comply with changing instances; but then it cannot but be said
to change, ever as Eternity it self hath successive parts by its coexistence
with variety of times. <hi>Trebonianus</hi> swears to pay homage and acknowledg<g ref="char:EOLhyphen"/>ment
for his <hi>Villa</hi> of <hi>Ramola,</hi> and the Royalties of <hi>Panizza,</hi> to his Landlord
<hi>Calander</hi> and to his Heirs for ever: by the laws of Nature he is now oblig'd;
but if <hi>Calander</hi> and his heirs be dead, or the land and possessions be alien'd,
or swallowed up by an Earthquake, or drown'd in the sea, the law of Na<g ref="char:EOLhyphen"/>ture
cannot bind him to that which is not, the matter of the obligation is
subtracted, and therefore he is disoblig'd.</p>
                     <p>The summe is this:<note place="margin">8.</note> When Natural and prime laws are in prime &amp; Na<g ref="char:EOLhyphen"/>tural
instances whose matter is unchangeable, there the law of Nature can<g ref="char:EOLhyphen"/>not
be prejudic'd by any but by the Lord of Nature: and the reason of this
is no other but the necessity and constitution of Nature. God hath made it
so, and it is so to be served, so to be provided for; and the law is a portion of
the eternal law, an image of the Divine wisdome, as the soul is the image of
the Divine Nature. But when the Natural laws are in a matter that can be
prejudic'd, and doe presuppose <hi>contract, cession, condition, particular states,</hi> or
<hi>any act of will,</hi> whose cause is not perpetual, the law binds by the condition
of the matter; and the eternal law goes from its own matter as the immor<g ref="char:EOLhyphen"/>tal
soul does from the body. Thus we say that <hi>Gods gifts are without repen<g ref="char:EOLhyphen"/>tance,</hi>
and his love never fails, &amp; his promises are for ever; and yet God does
take away his gifts, &amp; does repent of his loving kindnesses, &amp; takes away his
love, and will not give what he had promised: but it is not because he changes
in himself, but the correlative of his actions and promises are changed.</p>
                     <p>So that now upon this account the whole question and practice about
the Popes power in dispensing in the Natural law will appear to be a horri<g ref="char:EOLhyphen"/>ble
folly without any pretence of reason;<note place="margin">9.</note> and the thing by its chiefest Pa<g ref="char:EOLhyphen"/>trons
seems not at all to be understood. For since the rules of Nature are un<g ref="char:EOLhyphen"/>alterable
and Eternal, the laws being fram'd upon those rules complicated
with matter, and persons, and events, is also eternal, excepting onely where
the matter is or can be changed. Now if the matter be in prime instances,
as the conjunction of Sexes, relation of Parents and children, <hi>&amp;c.</hi> the law is
<pb n="272" facs="tcp:58903:165"/>
the same for ever; onely this, if the matter by a miracle or extraordinary act
of God be changed, by the same power the law is to be changed: but as we say
rivers and seas run for ever, and yet <hi>Jordan</hi> was open'd, and so was the Red
sea, and the perpetual course of the Sun and Moon was once stop'd, but it
reverted when the extraordinary case was past; so it is in the law of Nature,
which in the prime instances and Natural matter is as unalterable as the
course of the Sun and Seas.</p>
                     <p>But 2. Sometimes the matter changes alone, or is chang'd to our hand, as
<hi>in conditional contracts;</hi> and in this case the law ceases, and the obligation
goes off as to that particular.</p>
                     <p>But 3. Sometimes the matter is changeable by the will of the interested
persons, and by none else but themselves, and they who have over them the
power which themselves have; such as God, and under him, the supreme
humane power, their own princes. Now to apply this to the Question of
the Popes power in giving dispensations, I consider that</p>
                     <p>1. To establish his power upon any words of Scripture, is to pretend that
his power of dispensing is an act of jurisdiction and direct authority, that is,
that he hath commission to doe it with or without reason or cause founded in
the thing it self, but onely because he will; &amp; he that does so, saies he can doe
more then (as many of the most learned <hi>Romane</hi> Doctors say) God can doe:
for he dispenses in the law of Nature in no case but when he changes the
matter, in the prime or second instances of Nature respectively, which when
the Pope can doe he also may pretend to a commission of being Lord of Na<g ref="char:EOLhyphen"/>ture:
<hi>But it is certain that for this there are no words of Scripture.</hi> But 2<hi rend="sup">ly</hi>, If this
power of dispensing be such as supposes the matter already changed, that is,
that there is a just cause, which is of it self sufficient, but is not so to him
who is concern'd, till it be competently declared, then all the dispute will be
reduc'd to this, whether he be the most probable Doctor: for to expound
when a Natural obligation ceases, is not an act of power but of wisdome; &amp;
that the Pope is the wisest man, or the onely wise man, it is also certain that
<hi>there are no words of Scripture</hi> to affirm it. But besides this in cases of this na<g ref="char:EOLhyphen"/>ture,
there needs no dispensation, for the law ceases of its self; as in contracts
made upon condition, when the condition is not performed. In humane
laws where the subject is bound more by the authority then the matter of
laws, the law may still be obligatory after the ceasing of the reason or matter
of the law; and so there may be need of dispensation: but we speak here of
laws bound on us by God and Nature, in which the very ceasing of the mat<g ref="char:EOLhyphen"/>ter
of it self dispenses with the law. But 3<hi rend="sup">ly</hi>, If it be yet more then this, and
that in a changeable matter, I mean in things that are not prime instances of
Nature and of lasting necessity, but in humane contracts, promises, laws and
vows, which depend upon the pleasure and choice of men, but yet are corro<g ref="char:EOLhyphen"/>borated
by the law of Nature, he pretends to a power of altering the case so
to make way for dispensation; then the pretence reaches to this, that the
Pope must be Lord of <hi>actions</hi> and <hi>fortunes,</hi> and <hi>the wills of others</hi> and <hi>the con<g ref="char:EOLhyphen"/>tracts
of men;</hi> that is, <hi>in effect,</hi> that no contract shall be valid unless he please;
and no man shall chuse for himself, or if he does he needs not stand to it; and
no man can have a right transfer'd to him by a contract, but it can be rescind<g ref="char:EOLhyphen"/>ed
against the will of the interested person: and if he can have any such pow<g ref="char:EOLhyphen"/>er
to doe thus much mischief, then justice will be the most contingent thing
in the world; and the question will not be a question of Theology, but of
Empire, &amp; temporal regard: <hi>and therefore for this no words of Scripture can be
pretended,</hi> because no words of Scripture of the New Testament ever did
<pb n="273" facs="tcp:58903:165"/>
transfer an Empire, or temporal power <hi>to a spiritual person</hi> for a spiritual reason:
so that this will be a question of war, not of peace and religion. To which I
adde this by way of provision; That although supreme Princes have in some
cases power to rescind contracts of their subjects and Parents of their children;
yet this is onely in their own circuits, done by mutual consent, in case of pub<g ref="char:EOLhyphen"/>lick
necessity or utility, of which by reason and the laws they are made com<g ref="char:EOLhyphen"/>petent
Judges: which the Pope also may have in his temporal dominions as
well as any other Prince: but this is not dispensation but the annulling of con<g ref="char:EOLhyphen"/>tracts
or promises; it makes them not to be at all, not to cease after they have
a being, which is the Nature of dispensation, of which we now inquire. But
the matter of this question and the particular instance as it relates to the
Bishop of <hi>Rome</hi> is of another consideration.</p>
                     <p>6. <hi>The civil law can adde to the law of Nature;</hi>
                        <note place="margin">10.</note> not onely new obligations
by affixing temporal penalties; but by requiring new circumstances to corro<g ref="char:EOLhyphen"/>borate
and consummate an action: not that the civil law of a Prince or Re<g ref="char:EOLhyphen"/>publick
can annull any thing which nature hath confirm'd, but it can hinder it
from passing into a civil and publike warranty. Thus a clandestine contract is
valid by the law of Nature; and in the Court of Conscience there are wit<g ref="char:EOLhyphen"/>nesses
and Judges and executioners and laws and penalties to exact the perfor<g ref="char:EOLhyphen"/>mance
of it: But when the civil or Ecclesiastick law hath commanded that
in all contracts of marriage there should be witnesses, it must mean, that the
contract shall not be acknowledged for legitimate unless there be; and there<g ref="char:EOLhyphen"/>fore
that the contract must be solemnly publish'd before it be <hi>civilly firme.</hi> No
civil power can so enjoyne witnesses as that if the contract be made without
witnesses it shall not be obligatory in Conscience. For this obligation is be<g ref="char:EOLhyphen"/>fore
the civil law, and is bound by that power by which the civil power hath
a being. But the civil power which cannot annull the act of Nature and Con<g ref="char:EOLhyphen"/>science,
can superinduce something upon it. It cannot make the contractors
to goe back from what they have done, but to proceed to something more,
that what was firme in the inward may be confirm'd in the outward Court.
By our laws the clandestine contract is <hi>civilly</hi> null before publication; but in
our <hi>religion</hi> we beleeve it obligatory <hi>in Conscience,</hi> and <gap reason="illegible" resp="#TECH" extent="1 letter">
                           <desc>•</desc>
                        </gap>hat it must come into
<hi>publication.</hi> But by the laws of <hi>Rome</hi> the whole contract is nullified, and the
persons disoblig'd, and the marriage after consummation i<gap reason="illegible" resp="#TECH" extent="1 letter">
                           <desc>•</desc>
                        </gap> dissolv'd. This
is against the law of Nature, but the other is a provision for it by additional
security, that is, a taking care that the contracts of Nature may not be de<g ref="char:EOLhyphen"/>nied.
<hi>For the confirmation of a Natural contract nothing is necessary but a
Natural capacity not hindred by the Lord of Nature.</hi> Whatsoever therefore
is superinduc'd upon Nature cannot disannul that to which all things com<g ref="char:EOLhyphen"/>petently
necessary are ingredient, a condition brought in by a lesse power
cannot invalidate that which before that condition was valid: but as civil
powers derive their authority from Natural laws and reason, so to these they
must minister, and they may doe it by <hi>addition and superfetation;</hi> but they
may not violate them by <hi>irritation.</hi>
                     </p>
                  </div>
                  <div n="11" type="rule">
                     <pb n="274" facs="tcp:58903:166"/>
                     <head>RULE 11. That the obligation to a Natural law does cease in
any particular, is not to be presum'd by every
one, but is to be declared by the publike voice.</head>
                     <p>THIS depends upon the foregoing discourses and is Consequent to them.<note place="margin">1.</note>
For the severall dispensations in the law of Nature being wrought by the
change of their subject matter, <hi>the rule</hi> can never be chang'd; because that is
eternal and is abstract from matter; but <hi>the law</hi> may be dispens'd with, because
that is twisted with matter which is not eternal. But then, because the several
matters of laws can be chang'd by several powers respectively, that power
which alters the matter, and consequently dispenses with the law, must by
some evidence or other make the change apparent. If God by his power al<g ref="char:EOLhyphen"/>ters
the case, and dispenses in the law, he also is to declare it: because he must
doe more; for he must give expressly a leave to doe proportionable actions:
he having bound us to the law of Nature, leaves us so till he tells us other<g ref="char:EOLhyphen"/>wise:
and the same also is the case if the matter be chang'd by man: for by
the law of Nature we being bound to obey laws and performe contracts, must
remain so bound till he that holds the other end of the string lets it goe or
tells us it is untied: because he hath an interest in it, which must not depend
upon the reason of another; but upon that which is common to both.
For although we all agree that <hi>every rule</hi> of Nature is unalterable, and every
law is to be observed, yet in every thing where a change can be pretended,
every mans reason is equal; and therefore is not to be made use of in relati<g ref="char:EOLhyphen"/>on
to others. For we all agree that theft is evil; but whether this action or
this detention be theft, mens reasons oftentimes cannot agree: and since
every mans reason hath the same power and the same privilege, no mans sin<g ref="char:EOLhyphen"/>gle
reason can determine, because there is no reason why yours more then
mine. But therefore it is that there must be some common reason to declare
the case, and the man to be at liberty, and the law to be loose.</p>
                     <p>This hath no other variety in it,<note place="margin">2.</note> but this, that although the publike voice
must declare concerning those instances that concerne that matter of laws
Natural which is in her keeping, as God is to doe in those in which onely he
hath immediate power; yet every private man can declare the obligation of
a natural law to be lose when he holds one end of the string: If by a Natural
law <hi>Caius</hi> be tied to doe me an act of kindness and Justice, it is my right; and
as long as I will demand it, I hold the band of the Natural law in my hand:
but if I let it goe, and will quit my right, the obligation is off, because the
matter is substracted. The reason of all is the same. No man is a good
Judge in his own case where there is the interest of another twisted with it:
and it is unequal that my reason should governe my neighbours interest; or
that his should governe mine: this would be an equal mischief, and therefore
something indifferent to both must turne the ballance that there may be equal
justice and equal provision. But if a man will quit his right there is no wrong
done. He can sufficiently declare his own will and acts of kindness, and then
the law that combines with the matter, takes the same lot.</p>
                  </div>
                  <div n="12" type="rule">
                     <pb n="275" facs="tcp:58903:166"/>
                     <head>RULE 12. The exactness of Natural laws is capable of inter<g ref="char:EOLhyphen"/>pretation,
and may be allayed by equity, and
piety, and necessity.</head>
                     <p>WHatsoever can be dispensed withall,<note place="margin">1.</note> is either dispensed with by an ab<g ref="char:EOLhyphen"/>solute
power of jurisdiction, or for some cause in the nature of the
thing: and if the laws of Nature can cease to oblige without reason, but by
the will and the command of the Supreme, of God himself, much more may
the same will and power doe it when there is also a reason: and if there be a
reason to take off the obligation wholly in some particulars, then much rather
may there be a cause to take off some part of the exactness upon a proporti<g ref="char:EOLhyphen"/>onable
cause; If it may be <hi>dispensed with,</hi> it may also be <hi>interpreted by equity;</hi>
for <hi>this</hi> is less then <hi>that</hi> in the same kind. Every man is bound to restore his
neighbours goods when they are demanded; but if he calls for his sword to
kill a man withall; there is equity in this case, and I am not guilty of the breach
of the Natural law if I refuse to deliver him the sword when he is so violent
and passionate. To pay debts is a Natural law; but if a rich man calls for
a sum of money which is his due, and I by paying him to day shall be undone,
and he by staying till next week shall not be undone, I doe not break the law
of Nature if I detain the money a little longer and offer him satisfaction for
the wrong, if he have received any. I promised my brother to see him upon
the Ides of March; in my journey to him I broke my leg: now though I by
the Natural law am bound to performe promises; and it is possible that for all
my broken leg, I might get to him by the time, yet there is equity in it and pi<g ref="char:EOLhyphen"/>ety
that I forbear to goe with so great an inconvenience. <hi>Surgam ad sponsalia
quia promisi, quamvis non concoxerim, sed non si febricitavero: subest enim
tacita exceptio, si potero, si debebo:</hi> said <hi>Seneca.</hi> There is an equity and a rea<g ref="char:EOLhyphen"/>sonableness
in all these things. <hi>Effice ut idem status sit cùm exigitur, qui fuit cùm
promitterem,</hi> If the case be when I am to performe as it was when I promis'd,
then I am bound <hi>pro rata portione;</hi> that is,</p>
                     <p>1. If it become impossible,<note place="margin">2.</note> I am wholly disoblig'd.</p>
                     <p>2. If it become accidentally Unlawful;<note place="margin">3.</note> I am dispensed with.</p>
                     <p>3. <hi>If it become intolerably inconvenient,</hi>
                        <note place="margin">4.</note> 
                        <hi>I am in equity to be relieved.</hi>
For in these cases it is no breach of promise, but I am just if I desire to doe
it, and in the degree in which I am disabled, in the same I am to be pitied.
<hi>Destituere levitas non erit,</hi>
                        <note place="margin">L. 4. de bene<gap reason="illegible" resp="#TECH" extent="1 letter">
                              <desc>•</desc>
                           </gap>.</note> 
                        <hi>si aliquid intervenerit novi. Eadem mihi omnia prae<g ref="char:EOLhyphen"/>sta,
&amp; idem sum.</hi> It is not levity when I am the same, but my powers and
possibilities are chang'd or lessened.</p>
                     <p>But this is to be understood and practis'd with these limitations:</p>
                     <p>1. Not every change of case can excuse or lessen,<note place="margin">5.</note> or alter the obligation,
but such a change as makes the person pityable, or the thing more vexatious
to the doer, then it could be of advantage to the other.</p>
                     <p>2. If the cause does not continue,<note place="margin">6.</note> the first equity does not disannul the
obligation, but defers it onely, and it returnes when the cause ceases.</p>
                     <p>
                        <pb n="276" facs="tcp:58903:167"/>
3. The obliged person as he is not wholly disoblig'd for the time,<note place="margin">7.</note> so nei<g ref="char:EOLhyphen"/>ther
for the thing it self; for if it be matter of interest, though without vio<g ref="char:EOLhyphen"/>lation
of Natures law it may be deferred, and does not bind the man to a
guilt, yet it does to a new duty, the duty of giving satisfaction to him who
suffered injury: for since in the law of Nature all mens rights are equal, it is
unnatural and unjust that to one there should be remission and ease and to the
other a burden. For no man is to be better by the hurt and injury of another.</p>
                     <p>4. If the cause be less,<note place="margin">8.</note> or if it be more, it ought not to be done unless
an interpretative leave be justly or reasonably presum'd. In a great matter
every man is presum'd so charitable as to be willing to comply with his Bro<g ref="char:EOLhyphen"/>thers
need or sad accident. But if it be less, then the <hi>interpretative leave</hi>
must be presum'd upon the stock of friendship or experience, or something
upon which wise men usually relie. Onely in this case, the presumption
ought to be less confident, and more wary.</p>
                     <p>This rule is to be understood principally in matters of <hi>justice,</hi>
                        <note place="margin">9.</note> and relative
entercourses: for in matters of <hi>religion</hi> and <hi>sobriety</hi> the case is different: be<g ref="char:EOLhyphen"/>cause
<hi>in Natural religion</hi> and <hi>natural measures of sobriety</hi> which are founded
<hi>in prima natura</hi> in the very constitution of mans soul and body, in the first laws
of God, and the Original Oeconomy of the body; the matter is almost as
unalterable as the Rule.</p>
                  </div>
               </div>
               <div n="2" type="chapter">
                  <head>CHAP. II. Of the Law of Nature, or of all Man-kinde,
As it is commanded, digested, and perfected,
By our Supreme Lawgiver
JESVS CHRIST.
viz. Of the Christian law, the great Rule of Conscience.</head>
                  <div n="1" type="rule">
                     <head>RULE 1. When the law of Jesus Christ was established, the
old Testament, or the law of Moses did no lon<g ref="char:EOLhyphen"/>ger
oblige the Conscience.</head>
                     <p>
                        <seg rend="decorInit">T</seg>HE Doctors of the Jews say that at the command of a Pro<g ref="char:EOLhyphen"/>phet,<note place="margin">1.</note>
that is, of one that works miracles, it is lawful to break any
Commandement, that onely excepted, which is concerning
the worship of one God.<note place="margin">
                           <gap reason="illegible" resp="#TECH" extent="1 word">
                              <desc>〈◊〉</desc>
                           </gap>. tit. <gap reason="illegible" resp="#TECH" extent="1 word">
                              <desc>〈◊〉</desc>
                           </gap> Synedrio. Josh. 6. 1 Sam. 7. 17. &amp; 13. 8.</note> Thus at the command of <hi>Joshua</hi> the
children of Israel brake the precept of the Sabbath at <hi>Jericho,</hi>
and <hi>Samuel</hi> and <hi>Elias</hi> offer'd sacrifice in places otherwise then
<pb n="277" facs="tcp:58903:167"/>
the law appointed,<note place="margin">1 King. 18 38.</note> and the Priests in the Temple did kill beasts and labour'd
upon the Sabbath and yet were blameless: and <hi>Circumcisio pellit Sabbatum,</hi>
was their own Proverbe, on the Sabbath they circumcis'd their infants; and
the Prophet <hi>Jeremie</hi> was author to the Jewes <hi>in secunda domo,</hi> that is, after
they were taken captive that they should change their computation by
moneths, and not begin with Nisan.</p>
                     <p>For God being the supreme Lawgiver hath power over his own laws;<note place="margin">2.</note>
as being a Creator he hath over his own creation: He that gave being can take
it away: and the law may be changed though God cannot. For God is im<g ref="char:EOLhyphen"/>mutable
in his attributes, but his works have variety, and can change every
day; as light and darkness succeed each other, and summer and winter, and
health and sickness, and life and death, and perfect and imperfect; and he
that commanded all men not to kill, might give a commandement to <hi>Abraham</hi>
that he should kill his son, and when he had established the law of <hi>Moses,</hi> it
was in his power, without any imputation or shadow of change to give the
world a New law, and a better.</p>
                     <p>To this purpose our Blessed Lord was indued with power from on high
to give a new law;<note place="margin">3.</note> for he was a great Prophet, and did many and mighty mira<g ref="char:EOLhyphen"/>cles,
and advanc'd the Spiritual worship of the only true God; and brought
men from childish and imperfect usages, to the Natural, Spiritual, Manly and
Perfective manner of worshipping God; and therefore it was necessary that a
change should be made: for in <hi>Moses</hi> law the rites were troublesome and im<g ref="char:EOLhyphen"/>perfect,
chargeable and useless, not able to wash away sins, nor to perfect the
Spirits of the Saints; it exhibited nothing substantial, but by shadows point<g ref="char:EOLhyphen"/>ed
at the substance to be revealed afterwards: it was fitted to the weakness of
imperfect people, and in some very great instances was exceeded by the lives
and piety of some excellent persons, as <hi>Moses</hi> and <hi>David,</hi> who by humility,
meekness, forgiveness and charity did acts of piety beyond the precepts of
the law, and many did not divorce their wives, and yet by their law, all were
permitted to doe it: for it might be said of <hi>Moses</hi> as by the lawgiver of whom
<hi>Origen</hi> speaks,<note place="margin">Adv. Cel<gap reason="illegible" resp="#TECH" extent="1 letter">
                              <desc>•</desc>
                           </gap>. 3<gap reason="illegible" resp="#TECH" extent="1 letter">
                              <desc>•</desc>
                           </gap>
                        </note> who being asked if he had given to his Citizens the best laws;
he answer'd, <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>
not absolutely the best, but the best he could, considering the incapacity and
averseness of his citizens: so did <hi>Moses;</hi> he gave a better law then ever was
before, and the best which that people and the state of things could then bear:
but it was but for a time, and the very Nature of the law required a better to
succeed it, and therefore he that came and gave a better was not to be
rejected, because he disannul'd the worse:<note place="margin">L. 1. de non esu anim.</note> 
                        <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>;
If other lawgivers (saith <hi>Por<g ref="char:EOLhyphen"/>phiry</hi>)
regarding that middle kind of life which is said to be according to Na<g ref="char:EOLhyphen"/>ture,
and to those things of which men are capable, who esteem things good
or evil by proportions of the body, have given laws Symbolical, yet what
hurt does he, that brings in better?</p>
                     <p>1. For first it is certain,<note place="margin">4.</note> God himself did permit some things in <hi>Moses</hi>
law which himself had no pleasure in: I instance in the matter of divorces, of
which God by the Prophet sayd, <hi>I hate putting away.</hi>
                     </p>
                     <p>
                        <pb n="278" facs="tcp:58903:168"/>
2. The promises of <hi>Moses</hi> law,<note place="margin">5.</note> in which the whole obedience was esta<g ref="char:EOLhyphen"/>blished
and for which it was exacted were wholly temporal and related to this
life; and when the Prophets and holy men of the Nation began to speak open<g ref="char:EOLhyphen"/>ly
of resurrection from the dead, and a life to come, it was an open proclamati<g ref="char:EOLhyphen"/>on
of the imperfection and change of that law by which nothing of that was
promised and nothing at all spoken of by which Mankind should by obeying
God arrive to that felicity which all wise men did suppose God did design to
him.</p>
                     <p>3. Although good things for this life were promised by the law of <hi>Moses</hi>
yet toward the end and expiration of it,<note place="margin">6.</note> the Nation suffer'd a new dispensation
of things; and the godly men were often persecuted, and the whole Nation
continually baffled, and subdued by him that would; by the Assyrians, and
Chaldaeans, by the Persians and by Antiochus, by the Syrians and the Romans,
and therefore it was necessary they should expect some better Covenant which
should be verified in the letter, and make recompence for the calamities which
their best men here did suffer.</p>
                     <p>4.<note place="margin">7.</note> The laws of <hi>Moses</hi> were such which were not of things naturally and
originally good, but which did relate to time and place and person, but it was a
law without which many ages of the world did live, and after it was established
it did onely bind that people; for neither did <hi>Moses</hi> persuade his Father in law
<hi>Jethro</hi> to receive that law, neither did the Prophet <hi>Jonas</hi> persuade it to the
Ninevites, nor the Prophets ever reprove the not observing it, in the Assy<g ref="char:EOLhyphen"/>rians,
or Egyptians, the Idumeans and Moabites, the Tyrians and Sidonians,
or any of their Neighbours, whose vices they oftentimes reprov'd severely;
and the best men of the first and second world; <hi>Abel</hi> and <hi>Enoch, Noah</hi> and
<hi>Melchisedec, Sem</hi> and <hi>Job, Abraham</hi> and <hi>Isaac, Jacob</hi> and <hi>Joseph</hi> knew nothing
of it, and yet were deare to God: But if the law had consisted of essential,
prime and Natural rectitudes, it had been alwayes and every where; and if it
consist not of such, it is not fit to be lasting, but it self calls for a change when
all the body and Digest of laws excepting some few that were before that law
and shall be for ever, either were experiments of their obedience, or significati<g ref="char:EOLhyphen"/>ons
of some moral duty implyed in the external ritual, or compliances with a
present necessity, and to draw them far from imitation of the vile customes of
the Nations, or were types and shadows of something to come thereafter.</p>
                     <p>5.<note place="margin">8.</note> The law of <hi>Moses</hi> was a Covenant of works, and stipulated for exact o<g ref="char:EOLhyphen"/>bedience,
which because no man could perform, and yet for great crimes com<g ref="char:EOLhyphen"/>mitted
under <hi>Moses</hi> law there was there no promise of pardon, no solemnity or
perfect means of expiation, by the Nature of things and the necessity of the
world, and the goodness of God a change was to be expected.</p>
                     <p>6.<note place="margin">9.</note> That their law and Covenant should be changed was foretold by the
Prophets;<note place="margin">Jer. 31. 31, &amp;c. Psal. 50. &amp; 51. &amp; 40.</note> particularly by the Prophet <hi>Jeremiah, I will make a new Covenant
with you in those daies, and in your minds will I write it:</hi> and when God had often
expressed his dislike of sacrifices, in which yet the greatest part of the legal ser<g ref="char:EOLhyphen"/>vice
was established, God does also declare what that is which he desires instead
of it;<note place="margin">Isaiah 1. Jer. 7. Micah 6.</note> even no other then the Christian law, <hi>that we should give to every one their
due, and walk humbly with God;</hi> that they should obey him, and <hi>give him the sa<g ref="char:EOLhyphen"/>crifice
of a contrite and a broken heart:</hi> and if this be not a sufficient indication of
the will of God for the abolition of the Mosaick law, then let this be added
which was prophecyed by <hi>Daniel, The Messias shall cause the sacrifice and the ob<g ref="char:EOLhyphen"/>lation
to cease.</hi>
                     </p>
                     <p>
                        <pb n="279" facs="tcp:58903:168"/>
7.<note place="margin">10.</note> It was prophecyed<note n="*" place="margin">Jer. 23. Isaiah 43. Malach. 1.</note> that in the dayes of the Messias the Gentiles al<g ref="char:EOLhyphen"/>so
should be the people of God; but therefore they were to be governed by
a New law, for <hi>Moses</hi> law was given to one people, had in it rites of difference
and separation of themselves from all the world, and related to solemnities
which could not be performed but in a certain place, and a definite succession
and family; which things being the wall of partition and separation because
Christ hath taken away or confounded in an inseparable mixture and confusi<g ref="char:EOLhyphen"/>on,
God hath proclaim'd to the Jewes that <hi>Moses</hi> law is not that instance of
obedience in which he will be any longer glorified.</p>
                     <p>From these premises the pretence of the Jewes for the Eternity of <hi>Moses</hi>
law will be easily answered.<note place="margin">11.</note> For whereas they say that God called it, an Ever<g ref="char:EOLhyphen"/>lasting
Covenant: it is certain that even amongst the Jewes, the word <hi>Ever<g ref="char:EOLhyphen"/>lasting</hi>
did not always signifie infinitely, but to a certain definite period. For
the law relating to the land of their possession, in which God promised to them
an Everlasting inheritance; as their possession of the land is Everlasting, so is
the Covenant, and they expir'd together: for all the demonstrations of the
Spirit of God, all the miracles of Christ and his Apostles, all the sermons of the
Gospel, all the arguments which were taken from their own books could not per<g ref="char:EOLhyphen"/>suade
them to relinquish <hi>Moses</hi> law and adhere to Christ: and therefore when
all things else did fail, God was pleased to give them a demonstration which
should not fail; he made it impossible for them to keep <hi>Moses</hi> law; for he broke
their law and their Nation in peices. But as to the word [Everlasting] and [E<g ref="char:EOLhyphen"/>ternal]
it was usual with them to signifie but to the end of a life, or of a fami<g ref="char:EOLhyphen"/>ly,
and therefore much rather of a Nation. The band of marriage is Eternal,
but it dies with either of the relatives: and the Oath of Allegiance is for ever,
but that for ever is as mortal as the Prince.<note place="margin">Exod. 21. 6.</note> Thus also in <hi>Moses</hi> law, <hi>The servant
whose eare was boared should serve for ever.</hi> that was but till the yeer of Jubilce:
and <hi>Hannah</hi> carried up her son to the Temple when he was weaned <hi>that he
might abide there for ever:</hi>
                        <note place="margin">1 Sam. 1. 22.</note> Thus the Priesthood of <hi>Phinehas</hi> was said to be for
ever;<note place="margin">1 Sam. 2. 30.</note> but God who said that he <hi>and his posterity should walk before the Lord for
ever,</hi> did put a period unto it in <hi>Eli.</hi> But besides this, it is observable that the
law and Covenant of Moses according to the manner of speaking of that and
other Nations is used to distinguish it from the more temporary commands
which God gave to persons and to families, and to the Nation it self in the wil<g ref="char:EOLhyphen"/>derness,
which were to expire as it were with the business of the day, but this
was to be for ever, even as long as they enjoyed a being in the land of their
Covenant: for thus we distinguish the laws of peace from the orders of
warre: those are perpetual to distinguish from the temporality of these.</p>
                     <p>These Arguments are relative to the Jewes and are intended to prove
the abrogation of <hi>Moses</hi> law,<note place="margin">12.</note> against them. But to Christians, I shall
alledge the words and reasons of the New Testament, so farre as the
thing it self relates to Conscience. For not onely the Jewes of old, but
divers Christian Bishops of <hi>Jerusalem,</hi> fifteen in immediate succession, did
plow with an Oxe and an Asse,<note place="margin">Iren. l. 1. c. 26. Epiphan. haer. 18, 28, 30, 66. Hieron. ep. 89. ad Augustin. Damasc. verb. Nazaraei. Euseb. l. 3. c. 21. August. haeres. 8, &amp; 9.</note> and were circumcised; the Converted
Pharisees, the Ebionites, the Cherinthians and the Nazaraei still did
beleeve that <hi>Moses</hi> law did oblige the Conscience: and amongst us
there are or have been a great many Old Testament Divines whose Do<g ref="char:EOLhyphen"/>ctrine
and manner of talk, and arguments, and practices have too much
squinted toward <hi>Moses.</hi>
                     </p>
                     <p>
                        <pb n="280" facs="tcp:58903:169"/>
But against all such practices or pretences I produce the decree of the
Apostles at <hi>Jerusalem</hi> in the question of Circumcision:<note place="margin">13.</note> the abrogation of
which disannuls the whole law: <hi>for I Paul say unto you, if ye be circumcised ye are
debtors to keep the whole law:</hi> therefore by a parity of reason, we are not
debtors to keep the law, when that great Sacrament and Sanction of the law is
annul'd. To this purpose are those frequent discourses of the Holy Scriptures of
the new Testament:<note place="margin">Luke 16. 16.</note> 
                        <hi>The law and the Prophets were until John;</hi> since that <hi>time
the Kingdom of God is preached:</hi> where the two terms of the Law and the Gospel
are expressly described; <hi>Iohn</hi> the Baptist being the common term between
them both,<note place="margin">Rom. 6. 14.</note> so that <hi>now we are not under the law, but under grace; we are dead to
the law,</hi> and that band being separate, <hi>we are married to a new Husband, even to
Christ: who is also our High priest, after the order of Melchisedek, not after the
order of Aaron;</hi>
                        <note place="margin">Rom. 7. 4. Heb. 7. 12.</note> but then <hi>the Priesthood being changed there is made of necessity a
change also of the law;</hi>
                        <note place="margin">Gal. 3.</note> for this was not to last but till Christs coming, <hi>for the
law was given but till the seed should come:</hi> till then <hi>we were under the law as under
a School-master,</hi> but <hi>when faith came, we are no longer under this paedagogy;</hi> it
was but <hi>until the time appointed of the Father:</hi> and to this purpose S. <hi>Paul</hi>
spends a great part of the Epistles to the Romanes and Galatians. For one
of the great benefits which we receive by the coming of Christ is that we are
now treated with by a covenant of faith, that is, of grace and pardon, of re<g ref="char:EOLhyphen"/>pentance
and sincere endevours, the covenant of <hi>Moses</hi> being a prosecution of
the covenant of works, can no longer oblige, and therefore neither can the
law; for the law and the Covenant were the constitutive parts of that whole
entercourse, they were the whole relation, and this is that which S. <hi>Iohn</hi> said,
<hi>The law came by Moses, but grace and truth came by Iesus Christ:</hi> and ever since he
was made our Lord and our King<g ref="char:punc">▪</g> he is our Lawgiver and we are his Subjects,
till the day of Judgement in which <hi>he shall give up the Kingdom to his Father.</hi>
                     </p>
                     <p>But the greatest difficulty is behind:<note place="margin">14.</note> For not all <hi>Moses</hi> law is disannul'd,
for some is injoyned by Christ; and some is of Eternal obligation; and such
the Decalogue seems to be: the next inquiry therefore is, what part of <hi>Moses</hi>
law is annul'd <hi>by Christ.</hi> To this I answer by parts.</p>
                  </div>
                  <div n="2" type="rule">
                     <head>RULE 2. The Ceremonial law of Moses is wholly void.</head>
                     <p>FOR this is that hand writing of ordinances which Christ nailed to his Cross,<note place="margin">1.</note>
and concerning this we have an express command recorded by the Apostle,
<hi>Let no man judge you in meat or in drink,</hi>
                        <note place="margin">Coloss. 2, 16.</note> 
                        <hi>or in respect of an Holyday, or of the New
moon, or of the Sabbath dayes:</hi> and concerning the difference of meats not on<g ref="char:EOLhyphen"/>ly
their own Doctors say, the precept of <hi>Moses</hi> is not obligatory any where
but in Palestine, but they have forgot the meaning of the names of some of
them, or at least dispute it, which is not likely they would so strangely have
lost, if the obligation also had not been remov'd. But as to us the case is
confessed: for all the arguments before alleaged proceed of this part of the
Mosaick law, if of any, this being chiefly made up of umbrages, figures, and im<g ref="char:EOLhyphen"/>perfect
services, relative to place and time, to families and separate persons, such
which every change of Government could hinder, and which in the conflict
and concussion with other laws did ever give place, even in that time when
they were otherwise obligatory, which <hi>could not cleanse the conscience, nor take
<pb n="281" facs="tcp:58903:169"/>
away sins;</hi> but were a burden made to teach something else, like letters written
upon little cubes, or given as appellatives to slaves that the children who were
waited on by them might learn the Alphabet; but else they were a trouble to
no real perfective purpose of our Spirits.</p>
                     <p>
                        <hi>Quest.</hi>
                     </p>
                     <p>I Know but of one difficulty which this thing can meet with,<note place="margin">2.</note> and that is made
by the scrupulous inquiries of some tender or curious persons who suppose
the difference of meats not to be so wholly taken away, but that still under
the lawes of the Gospel we are bound to abstain from blood and from things
strangled;<note place="margin">Acts 15.</note> pretending for this scruple, the Canon of the Apostles at <hi>Jeru<g ref="char:EOLhyphen"/>salem:</hi>
which injoyns this abstinence, and reckons it amongst the <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>,
things necessary: and this was for a long time used and observed strictly
by the Christians:<note place="margin">Novel. 58.</note> of which we have testimony from that law of <hi>Leo</hi> the Em<g ref="char:EOLhyphen"/>peror,
where having forbidden the use of blood stuff'd in the Entrailes of
beasts, he affirmes that in the old law, and in the Gospel it was alwaies esteem<g ref="char:EOLhyphen"/>ed
impious to eat it. And this was not onely for the present, and for compli<g ref="char:EOLhyphen"/>ance
with the Jewes that by the observance of some common rites the Gen<g ref="char:EOLhyphen"/>tile
converts might unite with the beleeving Jewes into one common Church,
but they suppos'd something of Natural reason and decency to be in it; and
the obligation to be eternal, as being a part of that law which God gave to <hi>A<g ref="char:EOLhyphen"/>dam,</hi>
or at least to <hi>Noah</hi> after the floud; for they who use to eat or drink bloud
are apt to degenerate into ferity and cruelty and easiness of revenge; and if <hi>O<g ref="char:EOLhyphen"/>rigen</hi>'s
fancy had been true, it had been very material; for he suppos'd that the
Devils were fed with bloud: but however, certain it is that the Church did
for divers ages most religiously abstain from bloud; and it was the great
argument by which the Primitive Christians did confute the calumnies of the
Heathens imputing to them the drinking of humane bloud: they could not be
suppos'd to doe that, who so religiously abstain'd from the bloud of beasts, as
we find it argued in <hi>Tertullian</hi>
                        <note n="a" place="margin">In Ap. c. 9</note>, <hi>Minutius</hi>
                        <note n="b" place="margin">In Octivio.</note>, and <hi>Eusebius</hi>
                        <note n="c" place="margin">Eccles. hist. lib. 5. c. 1.</note>, who also tells of
<hi>Biblis</hi> that she rather would die then eat bloud in a pudding: and in the Canons
commonly called Apostolical<note n="d" place="margin">C. 62.</note> it is forbidden to a Clergy man to eat bloud,
under pain of deposition, to a lay man under excommunication: which law
was mention'd<note place="margin">Vide etiam Clemen Alex. Paedag. l. 3. c. 3. Niceph. lib. 4. c. 17. &amp; idem vide<gap reason="illegible" resp="#TECH" extent="2 letters">
                              <desc>••</desc>
                           </gap> est apud Luci<g ref="char:EOLhyphen"/>anum in Pereg.</note> and suppos'd obligatory in the second Canon of the Councel
of <hi>Gangra;</hi> and long after by the Canon of the Councel in <hi>Trullo;</hi> by the
Councel of <hi>Wormes</hi> under <hi>Ludovicus Pius cap.</hi> 65. by Pope <hi>Zechary</hi> in his
epistle to <hi>Boniface;</hi> and from hence the penitential books had warrant enough
to impose Canonical Penances upon them that did tast this forbidden dish:
and that they did so is known and confess'd,</p>
                     <p>But to the Question and inquiry,<note place="margin">3.</note> I answer, 1. That the abstinence from
bloud is not a law of Nature or of Eternal rectitude as appears, first in that
it was not at all impos'd upon the old world; but for a special reason given
to the posterity of <hi>Noah</hi> to be as a bar to the ferity and inhumane blood-thir<g ref="char:EOLhyphen"/>stiness
of which the old Giants were guilty, and possibly others might af<g ref="char:EOLhyphen"/>terwards.
For the Jewes reckon but six precepts given to <hi>Adam</hi> and his po<g ref="char:EOLhyphen"/>sterity
after the fall. <hi>The first</hi> against strange worship. <hi>The second</hi> of the
worshipping the true God. <hi>The third</hi> of the administration of justice. <hi>The
fourth</hi> of disclosing nakedness, or a prohibition of uncleanness. <hi>The fifth</hi> against
shedding bloud. <hi>The sixth</hi> against theft: and indeed here are the heads of all
Natural laws; but because the old world grew cruel to beasts, and the Gyants
were degenerated into a perfect ferity, and liv'd on bloud; therefore it pleas'd
<pb n="282" facs="tcp:58903:170"/>
God to superadde this to <hi>Noah,</hi> that they should not eat blood; that is, that
they should not eat the flesh of beasts that were alive; that is, <hi>flesh with the
bloud:</hi> and it is not to be despised that the drinking of bloud is not forbidden;
but the eating onely: meaning that the blood was not the main intention of the
prohibition; but living flesh, that is, flesh so long as the bloud runs from it:
<hi>flesh with the life thereof,</hi>
                        <note place="margin">Gen 9. 4.</note> that is, <hi>with the bloud:</hi> so run the words of the Com<g ref="char:EOLhyphen"/>mandement;
and therefore the Doctors of the Jews express'd it by the not
tearing a member of any live creature: which precept was the mounds of
cruelty, God so restraining them from cruelty even to beasts, lest they might
learne to practise it upon men. For God sometimes places some laws for de<g ref="char:EOLhyphen"/>fensatives
to others, and by removing men afar off from impiety he secures
their more essential duty.<note place="margin">2.</note> 2. But even this very precept is by all the world
taught to yeeld to necessity and to charity, and cruelty to beasts is innocent
when it is charity to men: and therefore though we doe not eat them, yet we
cut living pigeons in halfs and apply them to the feet of men in fevers, and we
rip the bellies of sheep, of horses, of oxen, to put into them the side of a
Paralytick; and although to rude people and ignorant, such acts of security
were useful, yet to Christians it is a disparagement to their most excellent in<g ref="char:EOLhyphen"/>stitution,
and the powers and prevalencies of Gods spirit, to think they are
not upon better accounts secur'd in their essential duty. The Jews were de<g ref="char:EOLhyphen"/>fended
from idolatry by a prohibition even of making and having images:
but he is but a weak Christian who cannot see pictures without danger of gi<g ref="char:EOLhyphen"/>ving
them worship.<note place="margin">3.</note> 3. The secret is explicated by God in the place where
he made the law: it was first a direct design to introduce mercy into the
world, by taking care even of beasts: and secondly it was an outerguard
against the crime of homicide: and <hi>Irenaeus, Tertullian,</hi> S. <hi>Cyprian</hi> and S. <hi>Am<g ref="char:EOLhyphen"/>brose</hi>
expound the meaning of the whole affair to be nothing else but a prohibi<g ref="char:EOLhyphen"/>tion
of homicide: for as God would have men be gentle to beasts<note n="a" place="margin">Ve<gap reason="illegible" resp="#TECH" extent="1 letter">
                              <desc>•</desc>
                           </gap>s. 4.</note>, so if beasts
did kill a man, it should be exacted of them<note n="b" place="margin">Ve<gap reason="illegible" resp="#TECH" extent="2 letters">
                              <desc>••</desc>
                           </gap>. 5.</note>: neither the mans dominion over
the beast could warrant his cruelty over them, nor the want of reason in beasts
bring immunity if they kill'd a man, and the consequent and purpose of both
these is express'd, vers. 6. <hi>whoso sheddeth mans bloud, by man shall his bloud be shed;</hi>
and all this put together is a demonstration how dear lives are to God; even the
life of beasts is in one sense sacred: for even then when they were given to
Man for food, yet the life was not; they must first be dead before they might
be eaten: but therefore the life of Man was sacred in all senses, and should
be required of man and beast. But that God doth even take care for Oxen,
in the matter of life, appears in this prohibition, <hi>flesh with the life thereof ye
shall not eat;</hi> that is, you shall not devour the flesh even while it is alive;
for the bloud is the life thereof; that is, when the bloud is gone you may eat,
till then it is presumed to be alive. Now there can be no other meaning of
the reason: for if blood were here directly prohibited to be taken and drunk
or eaten, this reason could not have concluded it, [<hi>because it is the life, there<g ref="char:EOLhyphen"/>fore
you may not eat it</hi>] being no better an argument then this; you may not
eat the heart of a beast, for it is the life thereof; but the other meaning is
proper, <hi>ye shall not eat flesh with the bloud which is the life thereof,</hi> that is, so
long as the bloud runs, so long ye must not eat; for so long it is alive: and a
beast may be killed but not devour'd alive. So that the prohibition of bloud
is not direct in the precept,<note place="margin">Vide 8. Aug. lib. 2. c 6. con<g ref="char:EOLhyphen"/>
                           <gap reason="illegible" resp="#TECH" extent="3 letters">
                              <desc>•••</desc>
                           </gap> adve<gap reason="illegible" resp="#TECH" extent="1 letter">
                              <desc>•</desc>
                           </gap>iari<g ref="char:EOLhyphen"/>
                           <gap reason="illegible" resp="#TECH" extent="2 letters">
                              <desc>••</desc>
                           </gap> legis &amp; <gap reason="illegible" resp="#TECH" extent="1 span">
                              <desc>〈…〉</desc>
                           </gap>.</note> but accidental, blood is forbidden as it is the
sign of life and the <hi>vehiculum</hi> of the Spirits, the instruments of life; and so
long as it runs so long the life abides ordinarily; and therefore <hi>Zonaras</hi> in his
notes upon the Councel of <hi>Gangra</hi> expounds the word <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap> or bloud sup<g ref="char:EOLhyphen"/>pos'd
<pb n="283" facs="tcp:58903:170"/>
in that Canon as unlawful to be eaten or drunk, by <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>,
blood diligently or fast running or following the wound, and
thick; that is, as I suppose, <hi>blood digested,</hi> to distinguish it from <hi>serum sanguinis</hi>
or the warry bloud that is seen in beasts after they have bled, that they might
not have scruple in minutes and little superstitions: <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>,
<hi>without active blood,</hi> so <hi>Balsamo:</hi> and it is not impertinent to the main inquiry
that it be observed that the Jews use [life] instead of bloud, and so does the
Vulgar Latin, that we might the easier understand the meaning to be of <hi>life,</hi>
or <hi>living bloud.</hi> But then this is nothing to eating the bloud when the beast is
certainly dead: and therefore it is observable that they who did make a scru<g ref="char:EOLhyphen"/>ple
of eating bloud did not all of them make a scruple of eating things stran<g ref="char:EOLhyphen"/>gled
in which the bloud remained: and therefore in some copies of the Apo<g ref="char:EOLhyphen"/>stolical
decree mention'd <hi>Acts</hi> 15. the word <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap> or <hi>strangled</hi> is left out; and
S. <hi>Austin</hi> observes that in his time in <hi>Africa</hi> the Christians did not severely
abstain from things strangled. For if the case were the same between bloud
running and bloud setled and dead, then the reason of the Commande<g ref="char:EOLhyphen"/>ment
were nothing or not intelligible; and besides it would breed eternal
scruples: since in the very killing of beasts there will some bloud remain,
and in the neck pieces and some veins every body hath observed some bloud
remaining even after the effusion by the knife.<note place="margin">4.</note> 4. This could not be a law
of Nature, because not mention'd by Christ in all his law, which I have al<g ref="char:EOLhyphen"/>ready
prov'd to be a perfect Digest of the Natural law: onely that sense of
it which I have now given, is involv'd in a law of Nature, and conse<g ref="char:EOLhyphen"/>quently
enjoined by Christ, <hi>viz.</hi> under the precepts of mercy, according to
that saying of the wise man, <hi>a good man will be merciful to his beast:</hi> and
the Athenians put a boy to death because he took delight to prick out the eies
of birds and so let them flie for his pastime, as supposing that he who exercised
his cruelty upon birds being a boy,<note place="margin">5.</note> would in time destroy men too. 5. Up<g ref="char:EOLhyphen"/>on
the account of this interpretation we are to distinguish the material part
from the formal; the bloud as it is such a substance from the bloud as it is
alive: just as the <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap> are to be differenc'd: for to eat the meat when
it is sold in the shambles is a thing indifferent,<note place="margin">1 Cor. 1<gap reason="illegible" resp="#TECH" extent="1 letter">
                              <desc>•</desc>
                           </gap>. 25.</note> said S. <hi>Paul,</hi> though it was of<g ref="char:EOLhyphen"/>fered
to idols; but this very meat might not be eaten in the Temples, nor
any where under that formality, as S. <hi>Paul</hi> there discourses: and therefore
what the Apostles in their letter to the Churches call <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>, S. <hi>James</hi>
in the decision of the question calls <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap> pollutions of
idols that is, all communications in their idolatrous portions and services,
and so it is for bloud, abstain from life bloud, or bloud that runs while the
beast is dying, that is, devour not the flesh while the beast is alive, be not cru<g ref="char:EOLhyphen"/>el
and unmerciful to your beast: but if blood be taken in its own materiality
when the beast is dead, it may be eaten as other things, without scruple: they
being both in the same sense as in the same obligation
<q>
                           <gap reason="foreign">
                              <desc>〈 in non-Latin alphabet 〉</desc>
                           </gap>.<note place="margin">Pho<gap reason="illegible" resp="#TECH" extent="1 letter">
                                 <desc>•</desc>
                              </gap>yl.</note>
                        </q>
There is a letter and a spirit in both of them.<note place="margin">6.</note> 6. One thing only I shall adde
to make this appear to have been relative, temporal and ceremonial; and that
is, that when God was pleas'd to continue the command to the sons of Israel
in <hi>Moses</hi> law, he changed the reason, onely reciting the old reason for which
it was imposed to the posterity of <hi>Noah,</hi> and superadding a new one as relating
to themselves:<note place="margin">Levit. 17. 11.</note> 
                        <hi>For the life of the flesh is in the bloud, and I have given it
to you upon the altar to make an atonement for your soules; for it is the
bloud that maketh an atonement for the Soule.</hi> So that to the bloud there
<pb n="284" facs="tcp:58903:171"/>
was superadded a new sacredness and religion, it was typical of the great sacri<g ref="char:EOLhyphen"/>fice
upon the Cross, the bloud of which was an holy thing, and it was also in<g ref="char:EOLhyphen"/>strumental
to their sacrifices and solennities of their present religion: and
therefore this ritual is to cease after that the great sacrifice is offer'd and the
great effusion of bloud is past. But as they had a new reason, so also had they
a new injunction, and they were interdicted the eating of any thing strangled;
which they taking to be a pursuance of the precept given to <hi>Noah,</hi> were the
more zealous of it; and lest their zeal might be offended, the first Christians
in their societies thought fit to abstain from it. But this ever had a less obli<g ref="char:EOLhyphen"/>gation
then the former, and neither of them had in their letter any Natural
obligation: but the latter was introduc'd wholly upon the Levitical account:
and therefore did cease with it. 7.<note place="margin">7.</note> After this so plain and certain commen<g ref="char:EOLhyphen"/>tary
upon this precept I shall the less need to make use of those other true ob<g ref="char:EOLhyphen"/>servations
made by other learned persons: as that this Canon was made for
a temporary compliance of the Gentile Proselytes with the Jewish converts,
that this was not a command to abstain from bloud, or strangled, but a decla<g ref="char:EOLhyphen"/>ration
onely that they were not obliged to circumcision; but they already ha<g ref="char:EOLhyphen"/>ving
observed the other things, it was declared they need go no further: that
whereas these things were said to be necessary <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>, the meaning of the
word is not absolute but relative; for it is <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>, to have a thing
under some necessary condition, and so it happened to them to whom the Apo<g ref="char:EOLhyphen"/>stles
wrote; for they were Gentile Proselytes before they were Christians, and
so were tyed to observe the seven precepts of <hi>Noah,</hi> before the Jewes would
converse with them, and therefore that this did not conce<gap reason="illegible" resp="#TECH" extent="1 letter">
                           <desc>•</desc>
                        </gap>ne the Gentiles after
they were an intire Church: for although it did while the separation lasted, and
that there were two Bishops in some great Churches as in <hi>Rome</hi> and <hi>Ephesus:</hi>
yet when the Church was of Gentiles onely, or conversed not with Jewes,
this could not relate to them. That bloud should be forbidden in the forma<g ref="char:EOLhyphen"/>lity
of meat is infinitely against the Analogy of the Gospel: The decretory
and dogmatical words of Christ being, <hi>that nothing which enters into the mouth
desiles a man:</hi>
                        <note place="margin">Math. 15. 1 Cor. 10. 25.</note> and the words of S. <hi>Paul</hi> are permissive and preceptive, <hi>What<g ref="char:EOLhyphen"/>soever
is sold in the shambles, eat, asking no question for Conscience sake. For
meat commendeth us not to God; for neither if we eat are we the better, neither if
we eat no are we the worse:</hi>
                        <note place="margin">Rom. 14. 17.</note> and <hi>the Kingdome of God consisteth not in meat and
drink, but in righteousness, and peace, and joy in the Holy Ghost.</hi> The result is
this, that bloud as it is a meat cannot be suppos'd here to be directly forbid<g ref="char:EOLhyphen"/>den
as Naturally unlawlful, or essentially evil, or of a proper turpitude: but
if the Apostles had forbidden the very eating of bloud as meat, it must be
supposed to be a temporary and relative command which might expire by
the ceasing of the reason, and did expire by desuetude; but since it was not
so, but a permitting the Gentile Proselytes and incouraging them for pre<g ref="char:EOLhyphen"/>sent
reasons to abstain from running or life bloud in the sense above explica<g ref="char:EOLhyphen"/>ted,
according to the sense of the Jewish Doctors and their Disciples, it no
way can oblige Christians to abstain from bloud when it is dead, and alter'd,
and not relative to that evil which was intended to be forbidden by God to
<hi>Noah,</hi> and was afterwards continued to the Jewes. I end this with the words
of <hi>Tertullian,</hi>
                        <note place="margin">
                           <gap reason="illegible" resp="#TECH" extent="1 letter">
                              <desc>•</desc>
                           </gap>e jejuniis.</note> 
                        <hi>Claves macelli tibi tradidit, permittens esui omnia ad constituen<g ref="char:EOLhyphen"/>dam
idolothytorum exceptionem.</hi> God hath given to us the keyes of the sham<g ref="char:EOLhyphen"/>bles,
onely he hath forbidden the pollution of idols: in all other things you
have your liberty of eating.</p>
                     <p>I am onely now to give an account of the reasons of the Ancient Chur<g ref="char:EOLhyphen"/>ches,<note place="margin">4.</note>
                        <pb n="285" facs="tcp:58903:171"/>
why so pertinaciously and so long they refus'd to eat boyl'd bloud, or
any thing of that Nature, But for that it is the less wonder when we consider
that they found it injoyned by all the Churches where the Jewes were min<g ref="char:EOLhyphen"/>gled,
and the necessity lasted in some places till the Apostles were dead, and
the Churches were persecuted: and then men use to be zealous in little things,
and curious observers of letters; and when the succeeding ages had found
the precedents of Martyrs zealous in that instance, it is no wonder if they
thought the Article sufficiently recommended to them. 2. But if we list to
observe that the Pythagorean Philosophers were then very busy and interested
in the persuasions of Men and Sects, and <hi>Pythagoras</hi> and <hi>Plato</hi> and <hi>Socrates</hi> had
great Names amongst the leading Christians, it is no wonder if in the percola<g ref="char:EOLhyphen"/>tion
something of the relish should remain, especially having a warrant
so plausible to persuade, and so easy to mistake as this decretal of the Apostles,
and the example of the Ancients living in that time which the Heathens called
the Golden age,
<q>Nam vetus illa aetas non polluit ora cruore.<note place="margin">Metam. l. 15.</note>
                        </q>
Single life, and abstinence from certain meats, and refusing of bloud, and se<g ref="char:EOLhyphen"/>verity
of Discipline, and daies of abstinence were sometimes persuaded, some<g ref="char:EOLhyphen"/>times
promoted, sometimes urg'd, sometimes made more necessary, by the
<hi>Montanists,</hi> the <hi>Essens,</hi> the <hi>Manichees,</hi> the <hi>Novatians,</hi> the <hi>Encratites,</hi> the <hi>Pytha<g ref="char:EOLhyphen"/>goreans,</hi>
and the very <hi>Heathen</hi> themselves, when because they would pretend
severity it became fit that the Christians should not be or seem inferior to them
in selfdenial, Discipline and austerities. But I shall make no more conjectures
in this matter, since if the Church at that time did injoyn it, the Canon was
to be obeyed, and it may be in some places it was practis'd upon that stock;
upon any other just ground, it could not, as I have already prov'd. Onely
this; it cannot be denied but in the Westerne Church where this decree
and the consequent Custome was quickly worne out, though it lasted longer
even to this day in the Greek Church, and <hi>Balsamo</hi> inveighs against the La<g ref="char:EOLhyphen"/>tines
for their carelesness in this Article; yet there were some intervals in
which by chance this decree did prevail; but it was when the Bishops of <hi>Rome</hi>
were so ignorant that they could not distinguish the Old Testament from the
New, but in some particulars did Judaize. I instance in Pope <hi>Zechary</hi> be<g ref="char:EOLhyphen"/>fore
mention'd; who in his decretal to <hi>Boniface</hi> the Arch-Bishop of <hi>Mentz</hi>
is very curious to warne him to forbid all Christians with whom he had to doe,
they should abstain from some certain sorts of birds, as jack-dawes, crowes
and storks; but especially that Christians should eat no hares, nor bevers,
nor wild-horses: and the Councel of <hi>Wormes</hi> determin'd something to the
like purpose, not much wiser; but what was decreed then was long before
reprov'd by S. <hi>Austin,</hi> affirming that if any Christian made a scruple of eat<g ref="char:EOLhyphen"/>ing
strangled birds in whom the bloud remain'd,<note place="margin">Lib. 32. c. 13. cont. Faustum Manich.</note> he was derided by the rest:
and that this thing which was useful in the infancy of the Church should be
obtruded upon her in her strength, is as if we should persuade strong men
to live upon milk because their tender Mothers gave it them as the best
nourishment of their infancy.</p>
                     <p>This thing being cleared I know no other difficulty concerning the choice
of meats in particular,<note place="margin">5.</note> or the retention of the Ceremonial law in general, or in
any of its instances, but what will more properly be handled under other titles.</p>
                  </div>
                  <div n="3" type="rule">
                     <pb n="286" facs="tcp:58903:172"/>
                     <head>RULE 3. The Judicial law of Moses is annul'd, or abroga<g ref="char:EOLhyphen"/>ted,
and retains no obliging power either in
whole or in part over any Christian Prince,
Commonwealth, or Person.</head>
                     <p>EIther the Judicial was wholly civil,<note place="margin">1.</note> or it was part of the Religion. If it
was wholly secular and civil, it goes away with that Commonwealth to
whom it was given; if it was part of the religion it goes away with the Tem<g ref="char:EOLhyphen"/>ple,
with the lawgivers authority by cession to the greater, with the priest<g ref="char:EOLhyphen"/>hood,
with the Covenant of works, with the revelation and reign of the
Messias: and though the instances of this law proceeding from the wisest
Lawgiver are good guides to Princes and Common-wealths where the same
reasons are applicable in like circumstances of things and in equal capacities
of the Subjects, yet it is wholly without obligation. In the Judicial law
theft was not punished with death, but with the restitution of four-fold; and
unless the necessities of a Republick shall inforce it, it were consonant to the
design of Christian religion, the interest of Souls, their value, and pity, that
a life should not be set in ballance over against a sheep or a cup. In the Judi<g ref="char:EOLhyphen"/>cial
law of <hi>Moses</hi> Adultery was punished with death; but it will not be pru<g ref="char:EOLhyphen"/>dent
for a Common wealth to write after this Copy unless they have as great
reason and the same necessity, and the same effect be likely to be consequent;
it was highly fitting there, where it was so necessary to preserve the Genea<g ref="char:EOLhyphen"/>logies,
and where every family had honours and inheritances and expectations
of its own, and one whole tribe expected in each house the revelation of the
Messias, and where the crime of Adultery was infinitely more inexcusable by
the permission of divorces and Polygamy then it can with us. But with us
and so in every Nation, many considerations ought to be ingredient into
the constitution of a capital Law: but they have their liberty, and are onely
tied up with the rules and analogies of the Christian law: onely the judicial
law of <hi>Moses</hi> is not to be pretended as an example and rule to us because it
came from a Divine principle; unless every thing else fit it by which the pro<g ref="char:EOLhyphen"/>portions
were made in that Common-wealth; for although God made Aprons
for <hi>Adam</hi> and <hi>Eve,</hi> it would not be a comely fashion for the Gallants of our
age and Countries. But concerning this who desires to see long and full dis<g ref="char:EOLhyphen"/>courses,
I refer him to <hi>Guilielmus Zepperus de legibus Mosaicis,</hi> and the Preface
of <hi>Calvin</hi> the Lawyer to his <hi>Themis Hebraeo-Romana.</hi>
                     </p>
                     <p>But the thing in general is confess'd,<note place="margin">2.</note> and the arguments now alledged
make it certain: but then why it should not be so in every particular when it
is confessed to be so in the General, I doe not understand; since there are
no exceptions or reservations of any particular in the New law; the law of
Christianity. But in two great instances this Article hath difficulty; the one
is 1. The approach of a man to his wife during her usual terme of separa<g ref="char:EOLhyphen"/>tion.
2. The other is concerning the degrees of kinred hindring marriage;
both which being taken express care of in the Judicial law, and yet nothing
at all said of them in the laws of Christ, are yet suppos'd to be as obliga<g ref="char:EOLhyphen"/>tory
to Christians now, as to the Jewes of old. Of these I shall now give
<pb n="287" facs="tcp:58903:172"/>
because they are of great use in the Rule of Conscience, and with much un<g ref="char:EOLhyphen"/>quietness
and noise talk'd of, and Consciences afflicted with prejudices and au<g ref="char:EOLhyphen"/>thority,
with great names and little reasons.</p>
                     <p>
                        <hi>Quest.</hi>
                     </p>
                     <p>WHether the Judicial law of mutual abstinence in the dayes of Wo<g ref="char:EOLhyphen"/>mens
separation obliges Christian pairs?<note place="margin">3.</note>
                     </p>
                     <p>The Judicial law declar'd it to be twice poenal.<note place="margin">4.</note> Once it onely inferr'd a
legal Uncleanness for seven days. <hi>Levit.</hi> 15. 24. But in the 20. <hi>Levit.</hi> 18.
It is made Capital to them both; <hi>they shall be both cut off from the people.</hi>
                     </p>
                     <p>From hence,<note place="margin">5.</note> 
                        <hi>Aquinas, Alexander of Ales, Bonaventure,</hi> and <hi>Scotus</hi> af<g ref="char:EOLhyphen"/>firme
it to be a mortal sin for a husband then to approach to her: <hi>Paludanus</hi>
and <hi>Cajetan</hi> deny it; and amongst the Casuists it is with great difference affirmd
or denyed but with very trifling pretences, as if they were to give laws, and
not to informe Consciences upon just grounds of reason or religion.</p>
                     <p>They who suppose it to be unlawful affirme this law to be ceremonial,<note place="margin">6.</note>
judicial and Moral. It is <hi>ceremonial</hi> because it inferr'd a legal impurity; or
separation for seven days. It is <hi>judicial</hi> by its appendant sentence of death,
and a Capital infliction. It is <hi>moral,</hi> because it is against charity as being hurt<g ref="char:EOLhyphen"/>ful
to the child in case any be begotten by such approaches. The whole cere<g ref="char:EOLhyphen"/>moniality
of it is confessedly gone; but the punishment of it in the Judicial
law being capital they urge it as an argument that it is moral. So that the
whole weight lies upon this. That which was by the law of God punish'd
with death, was more then a meer ceremony, and must contain in it some Na<g ref="char:EOLhyphen"/>tural
obliquity and turpitude. And in this case we need not to go far in our
inquiry after it; for it is because of the great uncharitableness, as being a cause
of monstrous productions, or leprosies and filthy diseases in the children: and
as the former of these two signifies its morality; so this does formally con<g ref="char:EOLhyphen"/>stitute
it: and this is confirmed by the words annexed to the prohibition: <hi>For
the nations committed all these things, therefore I abhorred them:</hi>
                        <note place="margin">Levit. 20. <gap reason="illegible" resp="#TECH" extent="1 letter">
                              <desc>•</desc>
                           </gap>3.</note> amongst which,
this in the question being enumerated, it will follow more then probably, that
since this thing was imputed to the Heathens who were not under <hi>Moses</hi> law, it
must be imputed because it was a violation of the law of Nature.</p>
                     <p>To these things I answer;<note place="margin">7.</note> 1. That the punishment of all such approa<g ref="char:EOLhyphen"/>ches
under <hi>Moses</hi> law with death, was no argument of any Natural turpitude
and obliquity in the approach. For then circumcision would be necessary by a
Natural law, because every soul that was not circumcis'd was also to be cut off
from his people. But if for this reason it were onely to be concluded unlawful,
then since this reason is taken away, and it is by no law of God punishable, nor
yet by any law of man, it follows that now it cannot be called a Mortal or a
Great sin, to which no <hi>mortal punishment</hi> is annexed nor indeed any at all.</p>
                     <p>2. But neither was it just thus in the law of <hi>Moses.</hi>
                        <note place="margin">8.</note> For by the law of
<hi>Moses</hi> it was nothing but a legal impurity, a separation from the Temple and
publike sacrifices and some sorts of commerce for seven dayes; and thus much
was also impos'd upon the woman though she was lock'd up and convers'd with
no man even for her Natural accident: and if by the gravity or levity of a pu<g ref="char:EOLhyphen"/>nishment
we may make conjectures of the greatness of a sin (of which I shall
<pb n="288" facs="tcp:58903:173"/>
in the third book give accounts) then it would follow that every such ap<g ref="char:EOLhyphen"/>proach
was nothing but a breach of a legal rite or ceremony, since it was
punished onely with a legal separation, which also was equally upon every in<g ref="char:EOLhyphen"/>nocent
woman in that period. * Yea, but besides this it was made Capital.
I answer, that could not be, if the case were the same; for two punish<g ref="char:EOLhyphen"/>ments
are not in laws inflicted upon the same offence, directly and primarily: and
therefore <hi>Radulphus Flaviacensis</hi> supposes here to be a direct contradiction in
the letter of these two laws;<note place="margin">Cap. 6. explan. in Levit.</note> and that they are to be reconcil'd by spiritual signi<g ref="char:EOLhyphen"/>fications
in which onely they are obligatory to us under the Gospel; but I doe
not very well understand what he would have, nor any ground of his conjecture,
but am content it is not material, since he confesses that the very letter ob<g ref="char:EOLhyphen"/>lig'd
the Israelites, which how it is possible, and yet be contradictory, I shall ne<g ref="char:EOLhyphen"/>ver
understand. * <hi>Hugo Cardinalis</hi> saies that the first of these punishments
was on him who did it ignorantly; but it was Capital onely to him who did it
knowingly and voluntarily. But this is not probable; for then it would be in
effect so that the man might only contract a legal impurity; and the woman be
sure to die for it:
<q>Enimvero durâ lege hîc agunt mulieres:</q>
for although the man could often say truly, and might always pretend that he
did it ignorantly, yet the woman could not: for it is not likely that she
should with much probability at any time say she did it ignorantly, and since
it cannot be but by a rare contingency, it is not likely to be the subject matter
of a regular law, and provided for by a daily and perpetual provision; especially,
since that case is already provided for in other periods, as being sufficiently
included under them that by chance touch a woman so polluted: and there<g ref="char:EOLhyphen"/>fore
this does not reconcile the difficulty: but since it must be confess'd that
on the woman (at least ordinarily) both these laws must have effect, and yet
the woman cannot easily and ordinarily be suppos'd to be ignorant in such a
case so as to need a law (for laws use not to be made for rare contingencies)
it follows that this distinction is not sufficient to reconcile the difficulty.
But <hi>Lyra</hi> and <hi>Abulensis</hi> have a better, saying that the legal impurity was the
punishment onely when the fact was private: but it was Capital when it was
brought before the Judge: and truly for this there was great reason. For since
the woman also was to die, it is not to be supposed that she would accuse her
Husband and condemn her self, and such things use not to be done publikely;
it is therefore to be supposed that who ever did doe this so as to be delated for
it and convicted must doe it <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap> with the hand of pride, in
contempt and despight of <hi>Moses</hi> law; for which as S. <hi>Paul</hi> witnesses, <hi>a man was
to die without mercy.</hi> * But now from hence I infer, that since the contempt
and open despight of the law onely was Capital, it was not any natural turpi<g ref="char:EOLhyphen"/>tude
that deserv'd that calamity; it was nothing but a legal uncleanness, which
every child had that did but touch her finger.</p>
                     <p>But then for the next argument with which the greatest noise is made,<note place="margin">9.</note>
and every little Philosopher can with the strength of it put laws upon others
and restraints upon mens freed Consciences; I answer first upon supposition
that it were true and real, yet it does not prove the unlawfulness of such addres<g ref="char:EOLhyphen"/>ses.
For if the man and woman have a right to each other respectively, there is
no injury done by using their own right.<note place="margin">L. Nemo. de regul. juris.</note> 
                        <hi>Nemo damnum facit, nisi qui id facit
quod facere jus non habet,</hi> saith the law. But that is not the presc<gap reason="illegible" resp="#TECH" extent="1 letter">
                           <desc>•</desc>
                        </gap>t care, for the
married pair use but their own rights which God hath indulg'd. And therefore
<hi>Paulus</hi> the Lawyer from the sentence of <hi>Labeo</hi> hath defin'd,<note place="margin">L. 2. de aqua pluvia arcenda.</note> that no man can
<pb n="289" facs="tcp:58903:173"/>
be hindred from diverting the water running through his own grounds, and
spending it there, though it be apparent that his Neighbour receives detriment
to whom that water would have descended. I know this may be altered by laws
Customes and Covenants, but there is no essential injustice in it, if loss comes
to another by my using my own right. To which I onely adde this one
thing, because I am not determining a Title of law in open court, but wri<g ref="char:EOLhyphen"/>ting
Rules of Conscience: that though every such interception of water, or
other using of our right to our Neighbours wrong be not properly <hi>inju<g ref="char:EOLhyphen"/>stice,</hi>
yet unless he have just cause to use it, it is unlawful to doe so, because
it is <hi>Uncharitable;</hi> because then he does it with a purpose to doe his Neigh<g ref="char:EOLhyphen"/>bour
injury. And so it is in this case; If any man or woman in such
approaches intend hurt to the child, as hoping the child might not live,
or if either of them design'd that the child should by such means become
hated, or neglected in provisions, and another preferred, then I doubt not
but to pronounce all such mixtures impious and abominable: and to this
sense those words of S. <hi>Austin</hi> in this article are to be expounded:<note place="margin">Qu. 64. super Levit.</note> 
                        <hi>Per
talem legem in Levitico positam non Naturam damnari, sed concipiendae pro<g ref="char:EOLhyphen"/>lis
noxiam prohiberi.</hi> The thing it self is not Naturally impure; but it is
forbidden that hurt should be intended or procur'd to the child: for although
in the instance of <hi>Paulus,</hi> above reckon'd the injury is certain, and the person
definite and known to whom it is done, and in the present question both the
event at the worst is but uncertain, and the person to be injur'd not yet in be<g ref="char:EOLhyphen"/>ing,
and therefore the case is much more favourable <hi>here</hi> then <hi>there,</hi> yet when
this case does happen, there can be no excuse for it, because it is the act of an
evil mind, and an uncharitable Spirit.</p>
                     <p>2. Upon supposition that this allegation were true,<note place="margin">10.</note> yet it follows not
that all such approaches were unlawful: as appears in the case of a leprous
wife with whom that it is lawful to have congress is so certain that it is told as
an heroick story of <hi>Dominicus Catalusius</hi> a Prince of <hi>Lesbos</hi> that he did usu<g ref="char:EOLhyphen"/>ally
converse with his wife that was a leper, as still knowing it to be his own
flesh, which no man hates: but if with a Leper (whose issue is as certain to
be leprous, as in the other case to be any way diseased) it be lawful, the effect
notwithstanding; then the argument ought not to infer a prohibition, or con<g ref="char:EOLhyphen"/>clude
it to be unlawful. The same also is the case of both men and women in
all haereditary diseases, and in any diseases which are resident in any principal
part with any of which if either of them be infected, it is (if this reason be good)
equally unlawful for them to beget children, or to use the remedy which God
hath given them against uncleanness.</p>
                     <p>If it be answered that there is difference in the case,<note place="margin">11.</note> because the present
question being of short, frequent and periodical separations, the married per<g ref="char:EOLhyphen"/>sons
may expect Natures leasure who will in a short time return them to their
usual liberties: but if they have a leprosie, that goes not off, but abides:
and therefore either a child must be gotten with that danger, or not at all; and
since it is better for a child to be born a leper, or subject to leprosie then not
to be at all; in this case there is indeed charity in some sense, but no unchari<g ref="char:EOLhyphen"/>tableness
in any to the child; and there is a necessity also on the parents part.
The same also is the case of a consumption, or any haereditary disease: but in the
monethly separations there is no such need; because the abstinence is but short,
and though a child be not then begotten, he loses not his being, as in the other
cases.</p>
                     <p>
                        <pb n="290" facs="tcp:58903:174"/>
To this I reply;<note place="margin">12.</note> that the difference of case pretended is not sufficient, 1.
because, a consumption or a leprosie are no such incurable diseases but that
for the preventing of Uncharitableness, and sad effects upon the child, they
may expect Natures time; and if it be said, that there is, or may be danger of
fornication in so long abstinence; I answer, so there may be in the shorter, and
is certainly to some persons; and if the danger be an excuse and can legiti<g ref="char:EOLhyphen"/>mate
the congression even where there is hazard to have a diseased child be<g ref="char:EOLhyphen"/>gotten,
in one case, then so it is in the other. For where there is the same
cause in the same suscipient, there also will be the same effect: so that at least
thus much will be gotten; that if there be a need, in the time of a short sepa<g ref="char:EOLhyphen"/>ration,
then it is lawful; and if it can upon this account be innocent, it is
certain that it is not naturally criminal. 2. Suppose even this affection or
accident abides on the wife, as on the woman in the Gospel who after twelve
years sufferance was cured by the touch of our Saviours garment; then there
is the same necessity as in an abiding leprosy, consumption, or hereditary dis<g ref="char:EOLhyphen"/>ease,
and yet in the Mosaick law those permanent emanations were to be ob<g ref="char:EOLhyphen"/>served
by abstinence as much as the Natural and transient; by which it is cer<g ref="char:EOLhyphen"/>tainly
proclaimed to be wholly a legal rite; because if this can abide, and du<g ref="char:EOLhyphen"/>ring
its abode an approach be not permitted, although the Jewes were releeved
by divorces and Polygamie, and concubinate, and so might suffer the law; ye<gap reason="illegible" resp="#TECH" extent="1 letter">
                           <desc>•</desc>
                        </gap>
Christians who are bound to an individual bed, will find a necessity, which if
it were not provided for by a Natural permission, the case of some men would
be intolerable and oftentimes sin be unavoidable, and that which by accident
may be lawful and necessary, certainly is not essentially evil: for if it could,
then he who is the Author of such necessity, would also necessarily inferre that
evil, and so be Author of that too, which is impossible to be true of God, the
fountain of Eternal goodness. But I adde also this consideration; that even
in the Mosaick law such congressions were permitted after child-birth. For
the legal impurity lasted but seven days upon the birth of a Man-child
[<hi>according to the dayes of the separation for her infirmity shall she be Unclean</hi>]
that is, for seven days she shall have the same law upon her as in her usual peri<g ref="char:EOLhyphen"/>od,
but no longer: for that which is added [<hi>Levit.</hi> 12. 4.] <hi>that she shall then
continue in the bloud of her purifying three and thirty dayes;</hi> it is not for absti<g ref="char:EOLhyphen"/>nence
from her husband, but from entring into the Tabernacle, and from tou<g ref="char:EOLhyphen"/>ching
holy things: so that the uncleanness being determin'd five weeks before
her purification was complete, must be in order to contact or to nothing.</p>
                     <p>But although upon supposition the allegation were true,<note place="margin">13.</note> yet the reason of
it concludes not, yea the argument is infinitely the worse, since the supposition
is false, and the Allegation is not true. For besides that the popular haeresies
of Physick and Philosophy are now rarely confuted and reprov'd by the wise
Physicians of these later ages, who have improved their faculty as much as a<g ref="char:EOLhyphen"/>ny
of the Schools of learning have done theirs, and the old sayings of Philo<g ref="char:EOLhyphen"/>sophers
in this matter are found to be weak, and at the best but uncertain; the
great experience of the world is an infinite reproof to them who say that by
such congressions leprous or monstrous children are produced: for the
world would have been long since very full of them if such evil effects were
naturally consequent to those meetings.<note place="margin">
                           <gap reason="illegible" resp="#TECH" extent="2 letters">
                              <desc>••</desc>
                           </gap>. 44. Isai.</note> S. <hi>Hierome</hi> was the first who brought
this pretension into the Christian Schools; (so far as I can learn;) afterwards
the School-men got it by the end, and the affirmative hath pass'd ever since
almost without examination.<note place="margin">
                           <gap reason="illegible" resp="#TECH" extent="2 letters">
                              <desc>••</desc>
                           </gap>anc<gap reason="illegible" resp="#TECH" extent="2 letters">
                              <desc>••</desc>
                           </gap> Vict. de Sacram. de read. de<gap reason="illegible" resp="#TECH" extent="1 letter">
                              <desc>•</desc>
                           </gap> con.</note> But the Schoolmen generally affirme (being
taught to speak so by <hi>Aquinas</hi>) that it is partly ceremonial, partly moral, and
<pb n="291" facs="tcp:58903:174"/>
that in this onely it is obligatory, <hi>ex damno quod sequitur ex prole;</hi> which be<g ref="char:EOLhyphen"/>cause
it hath no ground to support it must fall into the common lot of fancies
and errors when their weakness is discover'd. For although those Physicians
which say that this natural emanation is a <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap> or cleansing, doe beleeve
that with the principles of generation there may in such times be something
<hi>minus salubre</hi> intermingled; yet besides that these are oppos'd by all them who
say it is nothing but a <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap> or evacuation; both the one and the other are
found to be imperfect, by the new observations and experiments made by a lear<g ref="char:EOLhyphen"/>ned
Man who finds that neither one or other can be the material part of Na<g ref="char:EOLhyphen"/>tures
secret fabrick. But however, whether he says true or no, since things are so
infinitely uncertain, and man is made secretly and fashioned <hi>in secreto terrae,</hi> these
uncertain disputes are but a weak foundation of a pretence for a moral duty.</p>
                     <p>To the last objection:<note place="margin">14.</note> That <hi>God abhorred the Nation for [all these things</hi>]
and amongst them this is reckoned; and therefore there was in this some Natu<g ref="char:EOLhyphen"/>ral
impurity, for by no other law were they bound, and they could not be found
to be transgressors against any other: I answer; that [<hi>all these things</hi>] are to be
taken <hi>Concretè &amp; Confusè,</hi> all indiscriminately in an heap, not <hi>all</hi> by singular di<g ref="char:EOLhyphen"/>stribution;
as appears (besides this in question) by the instance of marriage in
certain degrees; which the servants of God did use, and yet God delighted in
them;<note place="margin">Le<gap reason="illegible" resp="#TECH" extent="1 letter">
                              <desc>•</desc>
                           </gap>, 20. <gap reason="illegible" resp="#TECH" extent="2 letters">
                              <desc>••</desc>
                           </gap>
                        </note> for <hi>Abraham</hi> married his Fathers daughter, and yet this was reckoned
amongst their Catalogues of crimes, and so also in the case of the Brothers
wife, which is there reckon'd, yet we know it was permitted and enjoined in
the case of heiresses being childless widdows: but when this thing was by God
inserted into the Digest of their laws and made Capital, it happened to be min<g ref="char:EOLhyphen"/>gled
with other prohibitions which were of things against the laws of Nature.
But to this objection I shall speak again in the question of Cosin Germans
num. 36. and 37. of this Rule.</p>
                     <p>The arguments now appearing to be invalid,<note place="margin">15.</note> I answer to the question
1. That this abstinence was a Mosaick law, partly ceremonial, partly judicial,
but in no degree Moral. 2. That the abrogation of <hi>Moses</hi> law does in<g ref="char:EOLhyphen"/>ferre
the nullifying of this, and hath broken the band in pieces. 3.
That the band which tyed this law upon the Jewes was fear of death and
fear of a legal impurity: which fears being banished, and no new one
introduc'd by our Lawgiver, we are not under restraint: and if we will be
careful to observe all that is commanded us in Christs law, it will be work
enough, though we bind not on mens shoulders unnecssary burdens.
4. It is a part of the spirit of bondage to be subject to ordinances; but
God will now be served by a more spiritual Religion, and to abstain as
in the present instance and to think it is a part of Gods service, is su<g ref="char:EOLhyphen"/>perstition;
it is to worship him with an instance that he hath not cho<g ref="char:EOLhyphen"/>sen,
or commended: and therefore it is remarkable that when S. <hi>Paul</hi>
gave order to married paires,<note place="margin">1 Cor. <gap reason="illegible" resp="#TECH" extent="2 letters">
                              <desc>••</desc>
                           </gap>
                        </note> 
                        <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>, <hi>Defraud not one an<g ref="char:EOLhyphen"/>other;</hi>
he onely gives this exception, <hi>except it be by consent for a time, that
ye may give your selves to fasting and prayer; and come together again, that Sathan
tempt you not,</hi> 
                        <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>, <hi>for your want of power</hi> and command
over your desires and necessities. Abstinence in order to special religion is
allowed and commended, and that by consent, and that but for a sudden oc<g ref="char:EOLhyphen"/>casion,
and that so short, that it may not become an occasion of Satans tempta<g ref="char:EOLhyphen"/>tions:
whatsoever is over and besides this may be upon the account of <hi>Moses,</hi>
but not of Christ and Christianity. 5. I speak this onely to take off a snare
<pb n="292" facs="tcp:58903:175"/>
from mens Consciences, laid for the unwary by <hi>unskilful Masters of Assemblies</hi>
so that all I say of it, is, that it may be done lawfully. 6. But that which
does onely recommend it, is, where there is necessity that it be done. 7. It
is sufficient though the necessity be not absolute, if it be onely ordinary
and probable: for if this were not so, instead of allaying stormes and
appeasing Scruples and breaking Snares, they would be increased and mul<g ref="char:EOLhyphen"/>tiplied:
for it will be a hard thing in most cases of that Nature to say that the
necessity is absolute. 8. But since there is in such congressions a Natural ab<g ref="char:EOLhyphen"/>horrency
amongst most persons, and a Natural impurity; if that which invites
to it, be not at lest a probable necessity, it must be a great undecency and vio<g ref="char:EOLhyphen"/>lence
of a wanton Spirit. 9. It must alwaies be without scandal and reproach.
For even among the Jews it was onely a legal impurity if done without scan<g ref="char:EOLhyphen"/>dal,
but if with contumacy and owning of it, it came to outface the
modesty and authority of the law, then it became deadly: and so it may
now if that which is not of good report, be done and offered to the re<g ref="char:EOLhyphen"/>port
of all them which can condemne the folly and impurity, but cannot
judge of the necessity or the cause; and the fact by becoming scandalous is
criminal, as much as when it is done without a probable necessity, and onely
upon lustful consideration.</p>
                     <p>Some in their answers to this inquiry,<note place="margin">16.</note> make a distinction of the persons;
affirming it in this case to be unlawful to ask, but lawful to pay a duty
if it be demanded. But if it be Naturally unlawful it is then inexcusa<g ref="char:EOLhyphen"/>ble
in both: For neither must the one tempt to an unlawful act, nor the
other consent to it: and there can be no obligation to pay that debt
which no man can lawfully demand. Neither of them hath a right a<g ref="char:EOLhyphen"/>gainst
Gods law; and therefore the case is equal in them both. He or she
that complies does actually promote the sin, as well as the other that invites
and therefore in <hi>Moses</hi> law they were equally criminal and punished with
death. * But if it be not Naturally unlawful (as it appears it is not) then it
may as well be demanded, as yeelded to; when there is a probable neces<g ref="char:EOLhyphen"/>sity;
but concerning that, the passive party is to beleeve the other; for if
it be known to be otherwise, he or she that consents, does consent to an act
which is made unlawful by evil circumstances.</p>
                     <p>
                        <hi>Of the prohibition of marriage in certain degrees.</hi>
                     </p>
                     <p>But the next inquiry concerning an instance in the Judicial law is
yet of greater concernment;<note place="margin">17.</note> For all those degrees, in which <hi>Moses</hi> law
hath forbidden marriages, are supposed by very many now adayes that they
are still to be observed with the same distance and sacredness, affirming because
it was a law of God with the appendage of severe penalties to the transgressors
it does still oblige us Christians. This question was strangely toss'd up and
down upon the occasion of <hi>Henry</hi> the eighth's divorce from Queen <hi>Katherine</hi>
the relict of his brother Prince <hi>Arthur;</hi> and according as the interest of
Princes uses to doe, it very much imployed and divided the pens of learned
men; who upon that occasion gave too great testimony with how great
weaknesses men that have a Biasse doe determine questions, and with
how great a force a King that is rich and powerful can make his own deter<g ref="char:EOLhyphen"/>minations.
For though Christendome was then much divided, yet before then
there was almost a general consent upon this proposition, that the Levitical de<g ref="char:EOLhyphen"/>grees
doe not by any law of God b<gap reason="illegible" resp="#TECH" extent="1 letter">
                           <desc>•</desc>
                        </gap>nd Christians to their observation. I know
<pb n="293" facs="tcp:58903:175"/>
but of one Schoolman that dissents; I mean <hi>Paludanus;</hi> or if there be any
more I am sure they are but very few,
<q>Vel duo vel nemo.—</q>
but the other opinion
<q>Defendit numerus, junctae<expan>
                              <am>
                                 <g ref="char:abque"/>
                              </am>
                              <ex>que</ex>
                           </expan> Umbone Phalanges.</q>
But abstracting from all interests, and relative considerations, I shall give as
full accounts of this as I can, because the questions of degrees and the mat<g ref="char:EOLhyphen"/>ters
and cases of incest are not so perfectly stated as the greatness of the mat<g ref="char:EOLhyphen"/>ter
and the necessities of the world require; and besides this, it is at this day
a great question amongst all men, <hi>Whether Brothers and Sisters children, or
Cosen Germans may lawfully marry?</hi> which question supposes that not onely
the Levitical degrees are still thought obligatory, but even all those other
degrees which by a parity of reason can be reduc'd to those measures. I
shall therefore give an account of the sentence of all laws in this great que<g ref="char:EOLhyphen"/>stion,
which can be suppos'd to oblige us.</p>
                     <p>
                        <hi>Of Parents and Children.</hi>
                     </p>
                     <p>Concerning this,<note place="margin">18.</note> I suppose it to be evident that Nature hath been as free
in her liberties, as in her gifts, open-handed enough to all; save onely that
she hath forbidden Parents and children, Higher and lower in the direct line
for ever to marry. Just as Rivers cannot return to their fountains, nor Even<g ref="char:EOLhyphen"/>ings
back again to their own mornings from whence they set out, nor yester<g ref="char:EOLhyphen"/>day
be recalled and begin again to morrow. The Course and order of Nature
is against it; and for a child to marry the parent is for to day to marry yester<g ref="char:EOLhyphen"/>day,
a going back in Nature.
<q>
                           <l>—illum, illum sacris adhibete nefastis</l>
                           <l>—qui semet in ortus<note place="margin">Papin. stat. Thebaid. 4.</note>
                           </l>
                           <l>Vertit, &amp; indignae regerit sua pignora Matri.</l>
                        </q>
                     </p>
                     <p>To which may be added this other sufficient Natural reason.<note place="margin">19.</note> That if
a Son marries his Mother, she who is in Authority greater by right of geniture,
becomes <hi>minor in Matrimonio</hi> less upon the same material account upon which
she became greater; and the duty and reverence of a Mother cannot be paid
to her by him who is her Husband: which I find well intimated by <hi>Phaedra</hi>
to <hi>Hippolitus,</hi>
                        <q>Matris superbum est Nomen, &amp; potens nimis.</q>
It is a contradiction of rights that the same person should be the superior Mo<g ref="char:EOLhyphen"/>ther,
and the inferior wife: whith hath also some proportion between a Father
and a Daughter, as being undecent that she from him should claim the rights
of a wife, to whom she owes the duty of a Father.</p>
                     <p>Besides these,<note place="margin">20.</note> there is a Natural abhorrency of such mixtures: <hi>Contra
pudorem esse</hi> said <hi>Paulus</hi> the Lawyer; it is against Natural modesty: which was
rarely verified in the tryal which the Emperor <hi>Claudius</hi> made (wittily and ju<g ref="char:EOLhyphen"/>diciously,
like that of <hi>Solomon</hi> upon the two harlots) upon a wicked woman
who called him (who indeed was her son) a stranger, a begger, the son of ano<g ref="char:EOLhyphen"/>ther
woman, and supposititious, that so she might defeat him of his Fathers in<g ref="char:EOLhyphen"/>heritance.
The Emperor espying her Malice, and suspecting her machinati<g ref="char:EOLhyphen"/>on
found out this tryal: If he be not your son, yet because he is young and
handsome, rich and possess'd of the inheritance, the title of which you would
snatch from him, you shall marry him, and so possess him and the inheritance
<pb n="294" facs="tcp:58903:176"/>
too. She though desperately base, refus'd that offer, and though she was un<g ref="char:EOLhyphen"/>naturally
malicious, yet would not be unnaturally incestuours; and chose to suf<g ref="char:EOLhyphen"/>fer
the shame of discovery rather then the horrors of such a mixture.</p>
                     <p>But all this was not sufficient to make it to become a Natural law,<note place="margin">21.</note> with<g ref="char:EOLhyphen"/>out
the authority of God intervening. This made it to be excellenty rea<g ref="char:EOLhyphen"/>sonable
to be established into a law, and therefore God did so, and declar'd
it, and did not trust mans reason alone with the conduct of it: but then it be<g ref="char:EOLhyphen"/>came
an Eternal law when God made it so: and that was at the very first
bringing of a wife to <hi>Adam.</hi>
                        <note place="margin">Gen. 2. 24.</note> 
                        <hi>For this cause shall a man leave his father and
his Mother,</hi> (said God by his servant <hi>Moses</hi> declaring to us what God then
made to be a law) <hi>and shall cleave unto his wife, and they shall be one flesh.</hi> This
could not on both sides concerne <hi>Adam,</hi> who had no Natural Father and Mo<g ref="char:EOLhyphen"/>ther,
and therefore was a law given to all that should be born from him; when
they took a wife or husband respectively, they must forsake Father and Mo<g ref="char:EOLhyphen"/>ther,
for between them and their children there could be no such intercourse
intervening: and so the Jewes particularly <hi>Rabbi Selomoh</hi> expounds the place,
and it was necessary this should then be declared, for as yet the marriage of
Brother and Sister was not forbidden saith the <hi>Gemara</hi> Sanhedrin; and in obe<g ref="char:EOLhyphen"/>dience
to this because <hi>Adam</hi> had no other, he laid aside the love of Earth and
Rain, of which he was produc'd, said <hi>Isaac Abravanel:</hi> and by this, they usu<g ref="char:EOLhyphen"/>ally
reconcile the seeming difference between these words and the fifth com<g ref="char:EOLhyphen"/>mandement.
A man shall leave his Father and Mother: and yet, he must
honour his Father and Mother: he must never leave to honour them; but
when he intends to marry, he must forsake all thoughts of contracting with
either of them. Now the Mother and the wise being the opposite termes in
the progression, he must leave one, and adhere or be united to the other, it
must needs be that dereliction or forsaking, or going from the Mother, not
relating to <hi>Honour</hi> but to the <hi>Marriage,</hi> means that the child must abstain
and depart from all thoughts of such conjunction. A mother is not less
to be lov'd, less to be honour'd after marriage then before; and therefore
in no sense relating to this is she to be forsaken, therefore it must be in
the other:<note place="margin">Matth. 19. 5.</note> and this, our Blessed Saviour recorded also in his law, where
whatsoever is not sufficiently found, cannot pretend to be a law of Na<g ref="char:EOLhyphen"/>ture;
as I have already prov'd.</p>
                     <p>And now this being established and recorded as a law of Nature in that
way onely that is competent,<note place="margin">22.</note> the disagreeing sentences of some men, and the
contrary practices of Nations is no argument against it. Indeed I said in the
first Chapter, that the consent of Nations is not sufficient to establish a Natural
law; for God onely makes the sanction, but when he hath made it and declar'd
it, the disagreeing practices of great portions of the world cannot annul the
establishment. It is not sufficient to prove it to be a Natural law because wise
people consent to it; but if God have made it so, it is a Natural law though
half the world dissents: and therefore we are not in this affair to be mov'd at
all, if wise men should in any age affirme the marriages of Sons and Mothers
to be lawful. * So <hi>Diogenes</hi> and <hi>Chrysippus</hi> affirm'd upon a ridiculous conceit
that Cocks and Hens did not abhor it.<note place="margin">Hist. animal. l. 9. c. 46. Plin. Nat. hist. <gap reason="illegible" resp="#TECH" extent="1 letter">
                              <desc>•</desc>
                           </gap>. 42. Varro de re ru<g ref="char:EOLhyphen"/>stic<gap reason="illegible" resp="#TECH" extent="1 letter">
                              <desc>•</desc>
                           </gap>, 2. 7.</note> Against which impertinent argument,
although it were sufficient to oppose the Narrative which <hi>Aristotle</hi> makes of a
Camel, and the Scythian horse who brake his own neck out of detestation of
his own act to which he was cousen'd by his keeper; for
<q>
                           <l>Ferae quoque ipsae Veneris evitant nefas</l>
                           <l>Generís<expan>
                                 <am>
                                    <g ref="char:abque"/>
                                 </am>
                                 <ex>que</ex>
                              </expan> leges inscius servat pudor.</l>
                        </q>
                        <pb n="295" facs="tcp:58903:176"/>
yet it is better to set down this reasonable proposition; That a thing is against
the law of Nature when (being forbidden by God) it is unnatural to Men,
though it were not against the Nature of Beasts. But as the authority of
these Men is inconsiderable and their argument trifling, so also the disagreeing
practice of some Nations in this particular is wholly to be despised.
<q>
                           <l>—Gentes tamen esse feruntur,<note place="margin">10 M<gap reason="illegible" resp="#TECH" extent="1 letter">
                                    <desc>•</desc>
                                 </gap>an<gap reason="illegible" resp="#TECH" extent="1 letter">
                                    <desc>•</desc>
                                 </gap>.</note>
                           </l>
                           <l>In quibus &amp; nato Genetrix, &amp; nata Parenti</l>
                           <l>Jungitur—</l>
                        </q>
The Assyrians, the Medes and Persians, especially the most honour'd Persons
amongst them, their Kings and their Magi did use it frequently,
<q>Nam Magus ex matre &amp; Gnato nascatur oportet.</q>
                     </p>
                     <p>But the Original and cause of this horrible and unnatural custome we
can so reduce to its first principle that there can remain no suspicion but that
they did prevaricate the law of Nature.<note place="margin">23.</note> For when <hi>Nimrod</hi> had married his
Mother <hi>Semiramis,</hi> and presently introduc'd the Worship of Fire, making
that to be the Assyrians and Persians God, he was gratified by the Devil. For
(as <hi>Saidus Batricides</hi> the Patriarch of <hi>Alexandria</hi> reports) the Devil out of the
fire spake to his first Priest that none should officiate in his rites, unless he would
first lie with his Mother, his Sister, and his daughter. And <hi>Sham</hi> the Priest
(for that was the name of the Beast) did so, and so together with his Prince
became an Authentick president to all generations of degenerous brutes:
and was imitated by all that Empire.
<q>
                           <l>
                              <gap reason="foreign">
                                 <desc>〈 in non-Latin alphabet 〉</desc>
                              </gap>
                           </l>
                           <l>
                              <gap reason="foreign">
                                 <desc>〈 in non-Latin alphabet 〉</desc>
                              </gap>.<note place="margin">Eur. in Andro.</note>
                           </l>
                           <l>
                              <gap reason="foreign">
                                 <desc>〈 in non-Latin alphabet 〉</desc>
                              </gap>.</l>
                        </q>
But what <hi>Xenophon</hi> said of the Persians is also true of all the Nations toge<g ref="char:EOLhyphen"/>ther,
who were debauched by their laws and accursed customes; <hi>Non eò minus
jus esse quia à Persis contemnebatur.</hi> It is still the law of Nature though pre<g ref="char:EOLhyphen"/>varicated
by the Persians and their subjects and friends. For when any
thing appears to be so <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>,<note place="margin">Michael Ephe. in Arist. <gap reason="foreign">
                              <desc>〈 in non-Latin alphabet 〉</desc>
                           </gap>. Ad Nicomach.</note> to
most and to the uncorrupted Nations and to them who live according to Na<g ref="char:EOLhyphen"/>tural
reason it is a great presumption it is indeed a Natural law; and is so final<g ref="char:EOLhyphen"/>ly
if a command of God hath interven'd in that instance: for by the Divine
appointment it is made <hi>a law,</hi> and by the matter, order and use of it, it is <hi>Natu<g ref="char:EOLhyphen"/>ral.</hi>
But for the rest to whom these things seem'd otherwise then God and
Nature did decree: they were abused by none but they their own lusts; they
were as a punishment of their vilest sins given over <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>, to un<g ref="char:EOLhyphen"/>natural,
to dishonourable, and unreasonable desire,
<q>
                           <l>—Cui fas implere Parentem</l>
                           <l>Quid rear esse nefas?</l>
                        </q>
But this was the product of their <hi>idolatry</hi> and some other basenesses: of
the first S. <hi>Paul</hi> is witness,<note place="margin">Rom. 1. 21. &amp;c.</note> that as a consequent of their forsaking the true God
they were given over to Unnatural lusts: and <hi>Lucan</hi> observes the latter of
the Parthians,
<q>
                           <l>—epulis vesana meróque</l>
                           <l>Regia, non ullos exceptos legibus horret</l>
                           <l>Concubitus—</l>
                        </q>
Now what is the effect of superinduc'd crimes and follies is most contrary to
Nature,<note place="margin">Vide Tiraq. l. 7. connub. n. 22.</note> and it were unnatural to suspect that she had not made sufficient pro<g ref="char:EOLhyphen"/>visions
in this prime case, upon pretence, because some unnatural persons
have spoil'd and defac'd or neglected her laws. One thing by the by I shall
<pb n="296" facs="tcp:58903:177"/>
insert. I find <hi>Socrates</hi> noted by some that he said there is in the marriage of
of Parents and children nothing to be reprov'd but the disparity of age. But
this is a mistake; for though he brought that incompetent reason against it,
yet for other causes he abhorr'd it: accounting it to be a law established by God
and Nature <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>,<note place="margin">Xenoph. l. 3. <gap reason="foreign">
                              <desc>〈 in non-Latin alphabet 〉</desc>
                           </gap>.</note> &amp;c. That Parents and children should abhor
such marriages. For God and all the world, Heaven and earth doe so: inso<g ref="char:EOLhyphen"/>much
that a Roman Philosopher was in his dream warned not to bury the
corps of a Persian who had married his Mother.
<q>
                           <l>
                              <gap reason="foreign">
                                 <desc>〈 in non-Latin alphabet 〉</desc>
                              </gap>,</l>
                           <l>
                              <gap reason="foreign">
                                 <desc>〈 in non-Latin alphabet 〉</desc>
                              </gap>.</l>
                        </q>
The Earth who is the common Mother of all,<note place="margin">Agath. hist. 2.</note> will not receive into her womb
him that defil'd the Womb of his Mother: and the story says, that the ground
spued out the corps of such a one that had been buried: And <hi>Virgil</hi> affirmes
that in hell there are torments prepar'd for him
<q>Qui thalamum invasit Natae,<note place="margin">Lib. 6.</note> vetitósque Hymenaeos.</q>
who pollutes his Daughters bed, and defiles himself with such forbidden En<g ref="char:EOLhyphen"/>tertainments.</p>
                     <p>
                        <hi>Of Brothers and Sisters.</hi>
                     </p>
                     <p>2. But though Nature forbids this,<note place="margin">24.</note> yet the other relations are forbidden
upon other accounts. Nothing else is against the prime laws of Nature, but
a conjunction in the right ascending and descending line. The marriage of
Brothers and Sisters was at first necessary; and so the world was peopled: all
the world are sons and daughters descending from the first marriages of Brother
and Sister. But concerning this that I may speak clearly, let it be observed
that although the world does generally condemn all such and the like Marria<g ref="char:EOLhyphen"/>ges
under the title of <hi>Incestuous,</hi> yet that is not properly expressed, and leaves
us to seek for the just grounds of reproof to many sorts of unlawful marriages,
and some others are condemn'd by too great a censure. The word <hi>Incest</hi> is
not a Scripture word, but wholly Heathen; and signfied amongst them all
unchast and forbidden marriages, such which were not hallowed by law and
honour; an inauspicious conjunction <hi>sine cesto Veneris,</hi> in which their Goddess
of Love was not President; marriages made without her girdle, and so <hi>Un<g ref="char:EOLhyphen"/>girt,
Unbless'd.</hi> This word being taken into the civil law got a signification to
be appropriate to it; for there were three degrees of unlawful marriages.
<hi>Damnatae, Incestae,</hi> and <hi>Nefariae. Damnatae nuptiae</hi> are such which the law for<g ref="char:EOLhyphen"/>bids
upon Political considerations; such as are between the Tutour or Guar<g ref="char:EOLhyphen"/>dian
and the Orphan or Pupil, between a Servant and his Mistress, between a
Freed-man and his Patroness, and such was in the law of <hi>Moses</hi> between the
High priest and a Widow; and in Christianity between a Priest and a Harlot,
and between any man and her whom he defil'd by Adultery while her first hus<g ref="char:EOLhyphen"/>band
was alive, all Marriages with Virgins professed and vowed. There is
in these so much unreasonableness of being permitted, that by the law they
stood condemned, and had legal punishments and notes of infamy proportio<g ref="char:EOLhyphen"/>nable.
* <hi>Incestae nuptiae</hi> are defin'd in the law to be <hi>coitio consanguineorum
vel affinium;</hi>
                        <note place="margin">C. lex illa. §. incest. 36. q. 1. L. si adult. cum incest. in prin. D. de adult.</note> the conjunction of Kinred or Allyes, meaning, in those instances
which are by law forbidden: and these are forbidden upon differing considera<g ref="char:EOLhyphen"/>tions
from the former, viz. for their neerness of bloud and relation which the
laws would have disseminated more or less: for their approach to unnatural
marriages, for outward guards to the laws of Nature, for publike honesty,
and compliance with the customes of their Neighbours, of the same interest
or the same religion, or for necessary entercourse. But because unskilful per<g ref="char:EOLhyphen"/>sons
<pb n="297" facs="tcp:58903:177"/>
or unwary have called <hi>Unnatural</hi> mixtures by the name of <hi>incestuous,</hi> as
incestuous <hi>Lot,</hi> and the incestuous Corinthian, therefore whatever any law
calls <hi>incest,</hi> they think they have reason to condemn equally to those abomina<g ref="char:EOLhyphen"/>ble
con<gap reason="illegible" resp="#TECH" extent="1 letter">
                           <desc>•</desc>
                        </gap>unctions. But neither ought <hi>incest</hi> to be condemn'd with a hatred equal
to what is due to these;<note place="margin">Text. in au<g ref="char:EOLunhyphen"/>then<gap reason="illegible" resp="#TECH" extent="1 letter">
                              <desc>•</desc>
                           </gap> ic. de incest. nupt. <gap reason="illegible" resp="#TECH" extent="1 word">
                              <desc>〈◊〉</desc>
                           </gap> p<gap reason="illegible" resp="#TECH" extent="1 letter">
                              <desc>•</desc>
                           </gap>inc. co<gap reason="illegible" resp="#TECH" extent="2 letters">
                              <desc>••</desc>
                           </gap>at. 1.</note> neither ought these to be called <hi>incest:</hi> for in true
speaking these are not <hi>Incestae nuptiae,</hi> but <hi>Nefariae,</hi> and <hi>Naturae contrariae,</hi> wic<g ref="char:EOLhyphen"/>ked
or abominable, and contrary to Nature: for although the law sometimes
calls those mixtures which are between Kinred by the title of <hi>Nefariae,</hi>
                        <note place="margin">C. cum secund. leges <gap reason="illegible" resp="#TECH" extent="1 span">
                              <desc>〈…〉</desc>
                           </gap>.</note> or Im<g ref="char:EOLhyphen"/>pious,
yet it is to be understood onely of that Kinred which is by the law of
God and Nature forbidden to marry: so the <hi>Glosse in authentic. de incest. nupt.</hi>
affirmes, so <hi>Archidiaconus, Johannes Andrens, Covarruvias</hi> and the best Law<g ref="char:EOLhyphen"/>yers:
and the word is derived from the usage of it in the best Authors: <hi>Ferae
quoque ipsae veneris evitant Nefas;</hi> the conjunction of Parents and children
is <hi>nefas veneris,</hi> and the marriages <hi>nefarious.</hi> Now of this deep tincture none
are, excepting marriages in the right ascending and descending line. The
marriages of Brothers and Sisters is incestuous, and the worst degree of it:
and so forbidden by the laws of all civil Nations; but therefore they are un<g ref="char:EOLhyphen"/>lawful
onely because forbidden by positive laws; but because the prohibition
is not at all in the laws of Christ, therefore it cannot be accounted against the
prime law of Nature, of which that is a perfect Systeme. Not that it can in
any case of present concernment or possibility become lawful, or for any reason
be dispensed withall by any power of man; for it is next to an unnatural mix<g ref="char:EOLhyphen"/>ture,
it hath in it something of confusion, and blending the very first partings
of Nature, it is of infinite vile report, intolerably scandalous, and universally
forbidden. But though this be enough, yet this is all:</p>
                     <p>
                        <hi>Michael of Ephesus</hi> * saies that at the first these marriages were indifferent,<note place="margin">25.</note>
but made unlawful by a superinduc'd prohibition.<note place="margin">In 5. ad N<gap reason="illegible" resp="#TECH" extent="2 letters">
                              <desc>••</desc>
                           </gap>.</note> And indeed if they had
been unnatural, they could not have been necessary. For it is not imaginable
that God who could with the same facility have created a thousand men and as
many women, as one, would have built up mankind by that which is contra<g ref="char:EOLhyphen"/>ry
to Humane Nature: and therefore we find that among the wisest Nations
some whom they esteemed their bravest men did this. <hi>Cimon</hi> the son of <hi>Mil<g ref="char:EOLhyphen"/>tiades</hi>
married his, Sister <hi>Elpinice, non magis amore quàm patrio more ductus,</hi> said
<hi>Aemilius Probus,</hi> not onely led by love but by his Countries custome. So
<hi>Archetolis</hi> the son of the brave <hi>Themistocles</hi> married his sister <hi>Mnasiptolema.</hi>
                        <note place="margin">Plut. in The<gap reason="illegible" resp="#TECH" extent="1 letter">
                              <desc>•</desc>
                           </gap>,</note>
                        <hi>Alexander</hi> the son of <hi>Pyrrhus</hi> King of <hi>Epirus</hi> married his sister <hi>Olympias, Mi<g ref="char:EOLhyphen"/>thridates</hi>
married his sister <hi>Laodice, Artemisia</hi> was sister and wife to <hi>Mausolus</hi>
King of <hi>Caria,</hi> so was <hi>Sophrosyna</hi> to <hi>Dionysius</hi> of <hi>Syracuse, Eurydice</hi> to <hi>Ptole<g ref="char:EOLhyphen"/>maeus
Philopater, Cleopatra</hi> to <hi>Ptolemaeus Physcon, Arsinoe</hi> to <hi>Ptolemaeus Philadel<g ref="char:EOLhyphen"/>phus</hi>
whom when <hi>Sotades</hi> had reprov'd upon that account saying, <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>,
he imprison'd him. But I need not bring parti<g ref="char:EOLhyphen"/>cular
instances of Egyptians: for <hi>Diodorus Siculus</hi> affirmes that they all esteem'd
it lawful,<note place="margin">Vide Lucian. l. de sacrificiis,</note> and <hi>Dion Prusaeensis</hi> saies that all the Barbarians did so.</p>
                     <p>But all the Greeks did so too,<note place="margin">26.</note> having learnt it from their first Princes,
whom after ages had turn'd into Gods,
<q>
                           <l>—Dii nempe suas habuere sorores</l>
                           <l>Ut Saturnus Opim junctam sibi sanguine,<note place="margin">Vide Alex. <gap reason="illegible" resp="#TECH" extent="1 word">
                                    <desc>〈◊〉</desc>
                                 </gap> Alexan. l. 1. c, 24. Geni<gap reason="illegible" resp="#TECH" extent="1 letter">
                                    <desc>•</desc>
                                 </gap>l. dierum.</note> junxit</l>
                           <l>Oceanus Tethyn, Junonem Rector Olympi.</l>
                        </q>
Though I suppose that this is but a fabulous narrative in imitation of the story
of <hi>Cain</hi> and <hi>Abel,</hi> as appears by their tale of <hi>Jupiter</hi> and <hi>Prometheus;</hi> which is
<pb n="298" facs="tcp:58903:178"/>
well noted by the observator upon the Mythologies of <hi>Natalis Comes</hi> under
the title of <hi>Jupiter.</hi> But that which moves me more then all this is the answer
which <hi>Thamar</hi> gave to her Brother <hi>Amnon: Now therefore speak unto the King,
for surely he will not withhold me from thee,</hi> and yet she was his Fathers daughter,
his sister by the Paternal line: and <hi>Abraham</hi> told the King of <hi>Gerar</hi> concerning
<hi>Sarah</hi> his wife; and yet indeed she is my Sister, she is the daughter of my
Father but not the daughter of my Mother, that is, the daughter of <hi>Terah</hi>
as was generally suppos'd, of which I shall yet give further accounts. * Now
it is not to be supposed that either <hi>Abraham</hi> before or <hi>David</hi> after the law
would have done or permitted any thing against the law of Nature: and if it
was against a positive law, as it hapned in the case of <hi>Amon</hi> and <hi>David,</hi> the
marriage might be v<gap reason="illegible" resp="#TECH" extent="1 letter">
                           <desc>•</desc>
                        </gap>lid though forbidden and the persons be excused
upon some other account, which is not proper here to be considered.</p>
                     <p>But I again renew what I said before,<note place="margin">27.</note> this d<gap reason="illegible" resp="#TECH" extent="1 letter">
                           <desc>•</desc>
                        </gap>scourse is not intended so
much as secretly to imply that it can now at all be or be made lawful, or is at
any hand to be indured. For the marriage of Brother and sister is against a
secondary law of Nature; that is, it stands next to the Natural prohibition
and is against a Natural reason, though not against a prime Natural law.
Every reason indeed is not a sufficient indication of a law, nor a Natural rea<g ref="char:EOLhyphen"/>son
of a Natural law; but when the reason is essential to Nature or consign'd
by God, then it is: and as a reason approaches neerer to this, so the action is
more or less Natural or Unnatural: and this is the case of Brother and Sister.
For the reverence which is due to Parents hath its place here also <hi>propter recen<g ref="char:EOLhyphen"/>tem
admodum parentum in liberis imaginem;</hi> and therefore it is with greater rea<g ref="char:EOLhyphen"/>son
forbidden: and if it were not, the whole world might be filled with early
adulteries. For the Dearnesses of Brother and Sister, their cohabitation, their
likeness of Nature and manners, if they were not made holy and separate by a
law would easily change into Marital loves, but their age and choice would be
prevented by their too early caresses: and then since many Brothers might
have the same kindness to one Sister, or might have but one amongst them all,
the mischief would be horrible and infinite.
<q>
                           <l>Dulcia fraterno sub nomine furta tegemus:<note place="margin">Metam. l. 9.</note>
                           </l>
                           <l>Est mihi libertas tecum secreta loquendi:</l>
                           <l>Et damus amplexus, &amp; jungimus oscula coram,</l>
                           <l>Quantum est quod desit?</l>
                        </q>
                     </p>
                     <p>For these and other accounts,<note place="margin">28.</note> which God best knew, he was pleas'd to
forbid the Marriage of Brothers and Sisters: This law the Jewes say, God
gave to <hi>Adam</hi> under the title <hi>De non revelanda turpitudine;</hi> but yet so, that it
was not to be of force till Mankind were multiplied: but then it took place
as men did please. But this they say upon what ground they please; for it is
highly improbable that the law of Nature should be allowed years of proba<g ref="char:EOLhyphen"/>tion,
or that it should be a prime law of Nature, which the Nature of things
and the constitution of the world did make necessary to be broken. But because
God did afterwards make it into a law and there is now very great reason that
it should be a law, and the reason is Natural, and will be perpetual, and all
Christian Nations, and all that have any form'd religion have agreed to prohi<g ref="char:EOLhyphen"/>bite
such marriages; He that shall doe so unreasonably, and as things now
stand, so unnaturally and so foolishly as either to doe it, or teach it, must be of
no religion, and of no people, and of no reason, and of no modesty.</p>
                     <p>
                        <hi>
                           <pb n="299" facs="tcp:58903:178"/>
Of Mothers in law, and their Husbands Children.</hi>
                     </p>
                     <p>That the marriage of these is not against the law of Nature S. <hi>Austin</hi>
does expressly affirme in his questions upon <hi>Leviticus;</hi>
                        <note place="margin">29.</note> saying that there is for<g ref="char:EOLhyphen"/>bidden
the discovering his Fathers nakedness;<note place="margin">Quest. <gap reason="illegible" resp="#TECH" extent="2 letters">
                              <desc>••</desc>
                           </gap>.</note> but this is not to be understood
of the Father while he is alive, for that is forbidden in the prohibition of Adul<g ref="char:EOLhyphen"/>tery;
<hi>Sed ibi prohibetur Matrimonium contrahi cum illis quas seclusâ lege licet
Uxores ducere;</hi> marriage is there forbidden to be made with them with whom
otherwise it were lawful to contract: But for this there can be no no reasona<g ref="char:EOLhyphen"/>ble
and fair pretence. For a Mother in law and a Mother are all one in the esti<g ref="char:EOLhyphen"/>mation
of all the laws of the world, and therefore were alike in the prohibition:
and the contrary was never done but by them who had no pretence for it, but
<hi>quod libet licet;</hi> whatsoever a man hath a mind to doe that he may doe: for this
was the argument which <hi>Phaedra</hi> courts <hi>Hippolytus</hi> withall.
<q>
                           <l>Nec quia privigno videar coitura noverca</l>
                           <l>Terruerint animos nomina vana tuos.</l>
                           <l>Ista vetus pietas aevomoritura futuro</l>
                           <l>Rustica Saturno regna tenente fuit.</l>
                           <l>Jupiter esse pium statuit quodcunque juvaret;</l>
                           <l>Et fas omne facit fratre marita soror.</l>
                        </q>
The impiety of their Gods seemed to be their warrant, and their pleasure was
all theit reason, their appetite was their argument. But this we find sufficiently
condemned by S. <hi>Paul, it is a fornication which is not so much as named amongst
the Gentiles, that one should have his Fathers wife. Cajetan</hi> supposes that this
Corinthian did lie with her while his Father was alive; because the Apostle
calls her not the widow, but the wife of his Father. I am of his opinion,
but not for that reason; because that expression he uses not so much to de<g ref="char:EOLhyphen"/>scribe
the person as to aggravate the crime: but that it was in his Fathers life
time I am induc'd to beleeve by the word <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>, <hi>fornication,</hi> which though it
be often used for <hi>adultery,</hi> yet I find it not us'd for <hi>nuptiae nefariae,</hi> or that which
is usually called <hi>incest.</hi> But however, that which S. <hi>Paul</hi> notes here and so
highly abominates is not the adultery, but the impiety of it; not that it was
a wife, but his Fathers wife; and therefore although even so it were a high
crime and of a deep tincture, yet the unnaturalness and the scandal of it S.
<hi>Paul</hi> here condemnes: It was the same that <hi>Antiochus</hi> did to <hi>Stratonice</hi> the wife
of his father <hi>Seleucus,</hi> and that which <hi>Reuben</hi> did to the Concubine of his Father
<hi>Iacob;</hi> a thing so hateful to all Nature that the very naming of it is a con<g ref="char:EOLhyphen"/>demnation;
and therefore is all one with the prime Natural law of prohibition
of the conjunction of Parents and Children: for she that is one flesh with my
Father, is as neer to me as my Father, and thats as neer as my own Mother;
as neer I mean in estimation of the law, though not in the accounts of Nature,
and therefore though it be a crime of a less turpitude, yet it is equally forbid<g ref="char:EOLhyphen"/>den
and is against the law of Nature, not directly, but by interpretation.</p>
                     <p>
                        <hi>Of Uncles and Nieces.</hi>
                     </p>
                     <p>Now if the neerest of kin in the collateral line were not forbidden by
a law of Nature,<note place="margin">30.</note> much less are they primely unlawful that are further off.
The Ascending and Descending line cannot marry, but are forbidden by God
in the law of Nature: So Mothers in law and their Husbands children: And
Brothers and Sisters are by the laws of all the world, and for very great reason
forbidden, but not by the law of Nature. But for all other degrees of Kinred
<pb n="300" facs="tcp:58903:179"/>
it is unlawful for them to marry interchangeably when and where they are for<g ref="char:EOLhyphen"/>bidden
by a positive law, but not else; and therefore the marriages of Uncles
and Nieces, or Aunts and Nephews become unlawful as the laws of our
superiors supervening make it so, but was not so from the beginning, and is
not so by any law of Christ.</p>
                     <p>In the Civil law of the Romans it was lawful for the Uncle to marry the
Brothers daughter,<note place="margin">31.</note> and this continued by the space of 250 years from the
dayes of <hi>Claudius</hi> to the reign of <hi>Constantine</hi> or thereabouts: and though this
began among the Romanes upon the occasion of <hi>Claudius</hi> his marrying <hi>Agrip<g ref="char:EOLhyphen"/>pina,</hi>
yet himself affirmes (as <hi>Tacitus</hi> makes him to speak) <hi>Nova nobis in Fra<g ref="char:EOLhyphen"/>trum
filias conjugia,</hi>
                        <note place="margin">Lib. 12. Annal.</note> 
                        <hi>sed aliis Gentibus solennia, nec lege ullâ prohibita.</hi> Indeed
it is new to us but to other Nations usual and lawful: and the newness of it
scar'd <hi>Domitian</hi> so that he refus'd it; and not many did practise it; onely I
find that a poor obscure Libertine <hi>T. Alledius Severus</hi> did it, as <hi>Suetonius</hi>
observes: but it was made lawful by the Civil law, and allowed in the
rules of <hi>Ulpian;</hi> and when <hi>Nerva</hi> had repeal'd the law, <hi>Heraclius</hi> reduc'd it
again and gave the same permissions.</p>
                     <p>But that which moves me more is that it was the practice of the
Jews,<note place="margin">32.</note> the family of <hi>Abraham,</hi> and the Councel of the wise men to doe so, as
<hi>Ben Maimon</hi> the famous Jew reports. <hi>In monitis sapientum habetur ut in uxo<g ref="char:EOLhyphen"/>rem
ducat quis ante alias, neptem ex sorore, seu ex fratre neptem, juxta id quod
dicitur, a carne tua nè te abscondas:</hi> And <hi>Josephus</hi> does suppose that when
<hi>Abraham</hi> said of <hi>Sarah,</hi> she is my Sister the daughter of my Father, the truth
it, she was his Fathers Grandchild, that is, the Daughter of <hi>Abrahams</hi> brother:
for unless it had been a known thing in that Nation that <hi>Abraham</hi>'s family
would not have married their German Sisters, it could have been no security
to <hi>Abraham</hi> to pretend her to be so: for she might be his wife and his sister too,
unless such marriages had been unlawful and rejected. But then when <hi>Abra<g ref="char:EOLhyphen"/>ham</hi>
was reprov'd for his lie, he help'd the matter out with a device; she was
his Fathers daughter, that is, by the usual idiome of that family, the child of
his Father descending by his brother:<note place="margin">L. <gap reason="illegible" resp="#TECH" extent="1 word">
                              <desc>〈◊〉</desc>
                           </gap> de civit. D<gap reason="illegible" resp="#TECH" extent="1 letter">
                              <desc>•</desc>
                           </gap>i. c. 16. L. 5. de sinib. Gen. 13. 8.</note> and this was S. <hi>Austin</hi>'s opinion, <hi>Nam
qui maximè propinqui erant solebant fratres &amp; sorores appellari,</hi> and <hi>Cicero</hi> calls
his Cosen <hi>Lucius, Brother;</hi> so <hi>Lot</hi> is called <hi>Abrahams Brother,</hi> though he was
but the son of his Brother <hi>Haran,</hi> just as neer as his wife <hi>Sarah</hi> was to him,
whom for the like reason he called Sister. But of this I shall yet give a farther
account. But whether <hi>Josephus</hi> said true or no, <hi>Abraham</hi> said true, thats cer<g ref="char:EOLhyphen"/>tain;
either she was his half Sister or his Brothers daughter; either of which
is forbidden in <hi>Leviticus;</hi> and this sufficiently declares that they have their un<g ref="char:EOLhyphen"/>lawfulness
from a positive law, not from any law of Nature.</p>
                     <p>If it were needful to instance in any other great examples of such mar<g ref="char:EOLhyphen"/>riages,<note place="margin">33.</note>
it were very easie to doe it. <hi>Amram</hi> the Father of <hi>Moses</hi> married his
Aunt as some suppose, <hi>Diomedes</hi> and <hi>Iphidamas</hi> among the Greeks married
their Mothers Sisters, and <hi>Alcinous</hi> took to wife <hi>Arete</hi> his Brothers daugh<g ref="char:EOLhyphen"/>ter.
<hi>Andromede</hi> was promised to her Uncle <hi>Phineus.</hi> One of the <hi>Herods</hi>
married his Brothers daughter, and yet was not (so fas as we find) reproved
for it; and he gave his own daughter to his Brother <hi>Pherotas;</hi> and some
suppose this to be the case of <hi>Othniel</hi> in the dayes, and under the conduct of
<hi>Joshuah.</hi>
                        <note place="margin">
                           <gap reason="illegible" resp="#TECH" extent="1 word">
                              <desc>〈◊〉</desc>
                           </gap> 15. 17.</note> For the words in the story are these, [And <hi>Othniel</hi> the son of <hi>Ke<g ref="char:EOLhyphen"/>naz,</hi>
the Brother of <hi>Caleb</hi> took it: and he gave him <hi>Achsah</hi> his daughter to
<pb n="301" facs="tcp:58903:179"/>
wife: but of this I shall give a particular account: for this being against the
law of <hi>Moses</hi> by which they were bound, was not to be supposed easily to have
been done by so piouspersons: but all that I contend for, is, that it was not un<g ref="char:EOLhyphen"/>lawful
before the law of <hi>Moses:</hi> against these marriages there was no <hi>opus scri<g ref="char:EOLhyphen"/>ptum
in cordibus,</hi> no law of Nature, but they became unlawful upon another ac<g ref="char:EOLhyphen"/>count,
and therefore it was unlawful to them onely to whom that account was
to be reckon'd.</p>
                     <p>
                        <hi>Of the marriage of Cosen Germans.</hi>
                     </p>
                     <p>From the premises it will abundantly follow,<note place="margin">34.</note> that no person ought to be
affrighted with the pretences of any fierce and misperswaded person that the
marriage of Cosen Germans is against the law of Nature: and in this case a
man need least of all to fear; for the law of Nature is a known and evident
thing, it is notorious and felt, and if any man shall need to be told what is a<g ref="char:EOLhyphen"/>gainst
Natural reason which is the matter out of which all Natural laws are
fram'd, he may as well have need to be reminded when he is hungry or thirsty.
For although some persons have got a trick to scare their Proselytes from a
practise to which they have no mind, by telling them it is against the law of
Nature, when they can prove it upon no other account to be unlawful, so ma<g ref="char:EOLhyphen"/>king
the law of Nature to be a sanctuary of ignorance and an artifice to serve
their end, just as the pretence of occult qualities is in natural Philosophy; yet
concerning the law of Nature, it being imprinted in our hearts, explicated by
Christianity, relying upon plain, prime, Natural reason, a man may as much
need to be told when himself does a thing against his own will, as when he does
against his own reason and his own Nature. Onely it is certain that when edu<g ref="char:EOLhyphen"/>cation
and our Countrey Customes have from the beginning possessed our un<g ref="char:EOLhyphen"/>derstandings
and our practices, so that we never saw any other usage of things
or heard talk of any other, it looks as if it came from Nature and were some<g ref="char:EOLhyphen"/>thing
of her establishment: So S. <hi>Paul</hi> to the Corinthians, <hi>does not even Na<g ref="char:EOLhyphen"/>ture
her self teach that it is a shame for a man to wear long hair?</hi> That is, even in
Nature there is the signification of some difference in that matter, which cu<g ref="char:EOLhyphen"/>stome
hath established into a law: but in such cases as these, a wise man can
easily distinguish words from things, and appearances from firm establishments.
But that the law of Nature hath nothing to doe in the marriage of Cosen
Germans, save onely that she hath left them to their liberty, appears from all
the premises, which in this instance as being farther remov'd must needs con<g ref="char:EOLhyphen"/>clude
stronger then in their own.</p>
                     <p>But then in the next place if the inquiry be made what it is in the judicial
law of <hi>Moses,</hi>
                        <note place="margin">35.</note> which is the main of our present inquiry; supposing the judicial
law of <hi>Moses</hi> could in any of its instances oblige Christians, yet Cosen Ger<g ref="char:EOLhyphen"/>mans
were still free to marry: for I doe not so much as find it pretended by
any one to be there forbidden, except S. <hi>Ambrose,</hi> who disputing fiercely
against <hi>Paternus</hi> for marrying his son to his Granchild by another venter, that
is,<note place="margin">S. Amb. ep. 66. ad Paternum.</note> so as the young Gentleman was Uncle to his wife, in anger against that, saies
that by the law of God (meaning in <hi>Leviticus</hi>) Cosen Germans are forbidden
to marry, much more (saies he) Uncle and Niece: <hi>Qui enim leviora astringit,
graviora non solvit sed alligat.</hi> He that binds to the less, does not untie the
greater. But the event of this, is, onely that S. <hi>Ambrose</hi> is by all learned
men condemn'd for an <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap> a slip in his memory: and men
ought to be wary lest great names abuse them by opinion and mistaken zeal.</p>
                     <p>
                        <pb n="302" facs="tcp:58903:180"/>
But the law is this, Levit. 18. 6.</p>
                     <p>None of you shall approach to any that is neer akin to him, to uncover
their Nakedness, I am the Lord.</p>
                     <p>Here the Questions use to be,</p>
                     <p>1. What is meant by [None of you?]</p>
                     <p>2. What is intended by [Neer of Kin to you?]</p>
                     <p>None of you] <hi>Vir vir non accedet:</hi>
                        <note place="margin">36.</note> 
                        <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap> in the Lxx.
<hi>A man, a man shall not approach;</hi> so it is in the Hebrew: that is, say the
Rabbins, the Jew and the Gentile shall not. I shall not contend for it, or
against it. I suppose it may well be admitted that potentially all mankind
was included, that is, all who were borne to Israel, or adopted by being Pro<g ref="char:EOLhyphen"/>selytes
were bound to this law, Jews and Gentiles too when they became Jews
in religion, but that it included others that conversed not with the Nation,
that were strangers to their laws, is as if we should say the Parthians were to
be judg'd by the Gallick laws, or the Persians guided by the Greeks. But
the purpose of them who would introduce this sense, is, that it might be inti<g ref="char:EOLhyphen"/>mated
that these degrees here mention'd were forbidden by the law of Na<g ref="char:EOLhyphen"/>ture,
and consequently obliging all Christendome: the contrary whereof be<g ref="char:EOLhyphen"/>cause
it appears from the premises, I shall onely adde, that no Nation of old
did observe all these laws, and that there was never any sufficient argument to
inforce upon us their obligation, and because it must needs remain to us as it
was before the law, if they were not obliged then neither are we. But this
I suppose they <hi>might be,</hi> and some of them were oblig'd by special laws before
the collection and publication of the body of <hi>Moses</hi> law. For as the law of
Christ is a collection and perfect explication of the law of Nature and essen<g ref="char:EOLhyphen"/>tial
reason: So <hi>Moses</hi> law was a collection of all the wise and prudent laws
by which God govern'd those Nations and those ages which were before <hi>Mo<g ref="char:EOLhyphen"/>ses.</hi>
Thus the law of the Sabbath was one great member of this collective
body of the Mosaick law; but it was given before the solemnities of Mount
<hi>Sinai.</hi> The law that the Brother should raise up seed unto his Brother who dyed
without issue, was also given to that family before the publication of it by
<hi>Moses</hi> as appears in the story of <hi>Judah</hi> and <hi>Thamars</hi> quarrel about <hi>Onan</hi> and
the rest. And thus also I suppose that all or most of these laws of marriage
were given to the nations of the East and South, descending upon them by
the tradition of their fore-fathers; from God derived to <hi>Adam</hi> in part, and
in part to <hi>Noah,</hi> and something of it to other Patriarchs and eminent persons,
and at last by the commandement of God united into a Digest by <hi>Moses.</hi>
                     </p>
                     <p>And upon this account it is that God said that the Canaanites had polluted
themselves in all these things,<note place="margin">37.</note> and therefore the land did spue them out, which
although it cannot infer that these laws did Naturally oblige, as I have alrea<g ref="char:EOLhyphen"/>dy
discoursed<note n="*" place="margin">Supra n. 14.</note> yet that they were by some means or other bound upon them
is probably enough, though in this matter there be no certainty. But in this
there is; For that all mankind was not bound by all these laws of consangui<g ref="char:EOLhyphen"/>nity
and affinity appears in all the foregoing instances: and the marriages
of the Patriarchs must conclude them to be as impious as the Canaanites in
theirs, or else that these laws did not oblige all Mankind: and if not from
the beginning, then not now: if these laws were not natural, they are not Chri<g ref="char:EOLhyphen"/>stian,
which also will further appear in the sequel.</p>
                     <p>
                        <pb n="303" facs="tcp:58903:180"/>
2. But there will be more consideration upon the second Quaere; what
is meant by [Neer of Kin to you?]</p>
                     <p>Our English is not sufficiently ex pressive of the full sense of it.<note place="margin">38.</note> The La<g ref="char:EOLhyphen"/>tin
is something neerer to the Hebrew, <hi>Vir vir non accedet ad propinquitatem car<g ref="char:EOLhyphen"/>nis
suae;</hi> to the neerness of his flesh, <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>, or as other books
<gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>, <hi>ad domesticam carnis suae,</hi> to her that is so neer of Kin, that
they usually dwell in the same house, that is, Parents and Children Brothers and
Sisters, or our Parents Brothers and Sisters. In these cases there being ever
the same account of consanguinity and affinity; this rule takes in all that is
there forbidden. But it is highly observable that there is great difference be<g ref="char:EOLhyphen"/>tween
<hi>Propinqui</hi> and <hi>Cognati.</hi> God never forbad to marry our Kinred, but he
forbad to marry the neerness of our flesh. Which Phrase when we rightly
understand this whole question will be quickly at an end.</p>
                     <p>For [Neer of Kin] is an indefinite word and may signifie as uncertainly as
[great] and [little] doe:<note place="margin">39.</note> nothing of it self determinately, but what you will
comparatively to others: and it may be extended to all generations of mankind
where any records are kept, as among the Jews they were: from <hi>Judah</hi> to <hi>Jo<g ref="char:EOLhyphen"/>seph</hi>
the espoused of the B. Virgin, from <hi>Benjamin</hi> to <hi>Michol,</hi> from <hi>Levi</hi> to <hi>He<g ref="char:EOLhyphen"/>li:</hi>
and thus it is in great proportion amongst the Spaniards and Welch, and in
all Nations in their greater and more noble families. The Welch doe to this
day esteem him neer of Kin to them whom the English doe not: and since we
see the prohibition of marriage with Kinred hath been extended sometimes, and
sometimes contracted, it is necessary that all Lawgivers doe express what is
meant by their indefinite terms.</p>
                     <p>
                        <hi>Hemingius</hi> gives a rule for this as neer as can be drawn from the words and
the thing.<note place="margin">40.</note> 
                        <hi>Propinquitas carnis</hi> (saies he) <hi>quae me sine intervallo attingit.</hi> That is,
she that is next to me, none intervening between the stock and me: That is, the
propinquity or neerness of my flesh above me is <hi>my Mother,</hi> below me is <hi>my
Daughter,</hi> on the side, is <hi>my Sister,</hi> This is all: with this addition the these
are not to be uncover'd for they own sake; thy own immediate relation they
are: All else which are forbidden are forbidden for the sakes of these: for my
Mothers or my Fathers, my Sons or my Daughters, my Brothers or my Sisters
sake; onely reckon the accounts of affinity to be the same: <hi>affinitates namque
cum extraneis novas pariunt Conjunctiones hominum, non minores illis quae è san<g ref="char:EOLhyphen"/>guine
venerunt:</hi>
                        <note place="margin">De leg. special,</note> said <hi>Philo.</hi> Affinity makes conjunctions and relations equal to
those of Consanguinity: and therefore thou must not uncover that Nakedness
which is thine own in another person of blood or affinity, or else is thy Fathers
or thy Mothers, thy Brothers or thy Sisters, they Sons or thy Daughters naked<g ref="char:EOLhyphen"/>ness.
This is all that can be pretended to be forbidden by vertue of these words
[Neer of Kin] or [The neerness of thy flesh.]</p>
                     <p>And this we find expressed in the case of the high Priests mourning:<note place="margin">41.</note> 
                        <hi>The
High Priest might not be defiled for the dead among his people,</hi>
                        <note place="margin">Le. it. 21. vers. 2.</note> 
                        <hi>but for his kin that is
neer unto him, he may;</hi> for his Mother and for his Father, and for his Son
and for his Daughter, and for his Brother, and for his Virgin Sister. This is the
<hi>propinquitas carnis,</hi> she that is immediatly born of the same flesh that I am
born of, or she out of whose flesh I am born, or she that is born out of my flesh,
is this [Neer of Kin.] There is no other propinquity but these, <hi>all else are re<g ref="char:EOLhyphen"/>mov'd;</hi>
and when a bar does intervene, all the rest are or may be accounted <hi>Kin<g ref="char:EOLhyphen"/>red,</hi>
but <hi>not neer of Kin,</hi> not the neernes of my flesh, which only is here forbidden.</p>
                     <p>
                        <pb n="304" facs="tcp:58903:181"/>
Onely this more:<note place="margin">42.</note> That since the prime Natural law does forbid the
marriage of the ascending and descending line, that is, Fathers and children,
and so consequently and by a stronger reason, Grandchildren, and downwards
for ever in descent; God was pleased to set a <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>, a bar and a hedge
round about this to keep men off, far off from it, that if men would be impious
they might not at first come to the highest step: and therefore as God plac'd
the prohibition of Brother and Sister under, so on the side of it he forbad the
marriage of Uncles and Aunts: for they are thy Fathers or thy Mothers <hi>neer
Kin,</hi> they are to them the <hi>propinquitas carnis;</hi> therefore for the reverence of
Father and Mother the Jews were bidden to keep of one step more, for the last
step of lawful is soon pass'd over into the first step of unlawful, and therefore
God was pleas'd to set them further off. And the Christian Divines and Law<g ref="char:EOLhyphen"/>yers
well understanding this, express the prohibition to this sense; that Uncles
and Aunts are not to be married, because they are <hi>loco Parentis,</hi> they are <hi>quasi
Parentes,</hi> images of Fathers and Mothers, for the reverence of which, the mar<g ref="char:EOLhyphen"/>riage
of our Uncles and Aunts respectively are forbidden. * This is just as it
was forbidden to the Jews <hi>to make an image;</hi> which thing could not have any
Moral or Natural obliquity; but it was set as a <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>, a guard and a hedge
to keep them off from worshipping them, The case is the same here: For the
Jews were as apt to comply with the Egyptians and Canaanites in their incestu<g ref="char:EOLhyphen"/>ous
mixtures, as in their idolatrous worshippings; but therefore the hedges
were plac'd before them both. But half an eye may see the different accounts
upon which in this place there was pass'd an equal prohibition.</p>
                     <p>But besides all this,<note place="margin">43.</note> what better determination can we have of these inde<g ref="char:EOLhyphen"/>finite
words of [<hi>Neer of kin</hi>] or [the neerness of thy flesh] (for those are the
words in the Hebrew, so they are to be rendred) then the express particulars
made by God himself in that very place; where none are reckon'd in the <hi>equal
collateral line,</hi> but Brothers and Sisters and their <hi>affines</hi> or allies, their Husbands
and wives respectively; none in the <hi>Unequal collateral line,</hi> but Uncles and Aunts
and their allies; in the ascending and descending line, Fathers and Mothers,
their children and their Grandchildren with their allies; in all which there is
nothing at all that concerns Cosen Germans, neither upon any thing of this ac<g ref="char:EOLhyphen"/>count
can they be suppos'd to be forbidden, or to be <hi>the neerness of our flesh.</hi>
                     </p>
                     <p>But if any scrupulous person shall inquire further and suspect that some
degrees or persons are forbidden to marry that are not here expressed,<note place="margin">44.</note> but inclu<g ref="char:EOLhyphen"/>ded
by a parity of reason, as it happens in another instance: for it is not forbid<g ref="char:EOLhyphen"/>den
to marry our Mothers Brothers wife; but because here it is made unlawful
to marry Fathers Brothers wife, it is to be concluded also for the other, there
being the same degree and the same reason.</p>
                     <p>I answer to this by parts;<note place="margin">45.</note> 1. It is very likely that it is so intended that
in equal cases there is an equal prohibition; but it cannot certainly be conclu<g ref="char:EOLhyphen"/>ded
and relied upon that it is so. 1. Because upon this account cases of fear and
scruple might very much be multiplied to no purpose. For I remember that
<hi>Fagius</hi> reckons out of the books of the Rabbins twenty persons forbidden to
marry, which yet are not reckon'd in <hi>Leviticus.</hi> 2. Because of the rule of the
law. <hi>l. Mutus</hi> 43. <hi>D. de procur. Quòd lege prohibitoriâ non vetitum est, per<g ref="char:EOLhyphen"/>missum
intelligitur.</hi> In negative precepts that which is not forbidden, is pre<g ref="char:EOLhyphen"/>sumed
to be allowed. And to adde more out of fear is either to be wiser then
the Lawgiver, or to suspect him to be apt to quarrel by unknown measures, and
<pb n="305" facs="tcp:58903:181"/>
secret rules of interpretation. 3. Because I find that amongst wise Nations
the same degree does not alwaies admit the same prohibition. To marry my
Fathers Sister was forbidden, and it was not forbidden to marry my Brothers
daughter, but it was sometimes practis'd amongst the Hebrews; and they give
this reason for it; because young men daily frequenting the houses of their
Grandfathers and Grandmothers converse with their Aunts, and are
therefore forbidden to marry lest such conversation should become their snare:
but to the houses of their Brethren their address is not so frequent, their con<g ref="char:EOLhyphen"/>versation
more separate, and their interest and expectations less, and therefore
to marry the daughters of their Brother might with more safety be permitted
because there is less temptation. Thus by the laws given to the sons of <hi>Noah,</hi>
the Jews observe that it was permitted to marry the Sister by the Fathers side,
but not our Sister by the Mother. It was <hi>Abraham</hi>'s case; for as <hi>Saidus Batri<g ref="char:EOLhyphen"/>cides</hi>
the Patriarch of <hi>Alexandria</hi> about 700 yeers since in his Ecclesiastical
Annals tells out of the Monuments of the East: <q>
                           <hi>Thare</hi> begat <hi>Abraham</hi> of
his first wife <hi>Jona,</hi> and she being dead he married <hi>Tehevitha,</hi> and of her be<g ref="char:EOLhyphen"/>gat
<hi>Sarah, Abraham</hi>'s wife</q>: and this is it which he said, [she is the daugh<g ref="char:EOLhyphen"/>ter
of my Father, but not the daughter of my Mother:] from whence they
suppose this not to be permitted, and that the other was; for so <hi>R. Jarchi</hi> glosses
those words of <hi>Abraham</hi> now quoted: <hi>Quoniam inter gentes ratio consanguini<g ref="char:EOLhyphen"/>tatis
Paternae neutiquam habebatur:</hi> because among the Gentiles (meaning,
by the law of Nature, or the law given to <hi>Noah</hi>) there was little or no account
made of Kinred by the Fathers side in the matter of marriages. * So
amongst the Romans after the time of <hi>Claudius,</hi> it was permitted to marry
the Brothers daughter, but not the Sisters daughter, as appears in the rules
of <hi>Ulpian,</hi> but the reason of this particular instance I confess I cannot learn,
I onely observ'd it to this purpose that amongst wise Nations, the same degree
hath not the same prohibition.</p>
                     <p>But I am willing enough to admit it with these cautions.<note place="margin">46.</note> 1. That there
be not onely the same degree but the same reason: For as <hi>Ulpian</hi> well observes
in his rules: <hi>In quarto [gradu] permittitur [connubium] extra eas personas quae
parentum liberoúm<expan>
                              <am>
                                 <g ref="char:abque"/>
                              </am>
                              <ex>que</ex>
                           </expan> locum habent:</hi> therefore saies he they adde that the Great
Aunt by the Fathers and by the Mothers side, and the Sisters neece may not
be married <hi>quamvìs quarto gradu sint,</hi> although they are in the fourth degree:
because the prohibition is not alwaies for the neerness or for the degree, but
for the proper reason; and if you could suppose a woman to live to see six ge<g ref="char:EOLhyphen"/>nerations
of her line, yet it is unlawful for her to marry that sixth degree of
Nephews, and not unlawful to marry the first degree of Cosens.</p>
                     <p>2. In the descending line the case is otherwise then in the equal line.<note place="margin">47.</note>
Here the further off the persons are the less reason still there is they should be
forbidden: but in the descending line the further the persons are remov'd
the greater cause there is they should be forbidden: therefore there is no
comparison between the cognation of Uncles and their Neeces, and the cogna<g ref="char:EOLhyphen"/>tion
of Cosens in the equal lines: because the reason distinguishes them, not
the Kinred or neerness to the common Parent.</p>
                     <p>3. It is true which is affirmed in the law,<note place="margin">48.</note> 
                        <hi>In pari Cognationis gradu, par
idémque jus statuatur:</hi> when the Cognation is the same, the law is so too;
that is, If it be measured in the same kind of Cognation: ascending compar'd
to ascending, equal collateral to equal collateral, unequal to unequal; for
<pb n="306" facs="tcp:58903:182"/>
when the comparison is of things in the same order; then not onely the degree
but the reason is most commonly the same too, and that is principally to be re<g ref="char:EOLhyphen"/>garded.</p>
                     <p>But though I am willing enough to admit this rule with these cautions,<note place="margin">49.</note>
yet many others will not, nor think it reasonable that any thing should be sup<g ref="char:EOLhyphen"/>posed
to be forbidden in the Levitical law, but what is there set down,
excepting the descent of children in which it is not easy to prevaricate be<g ref="char:EOLhyphen"/>yond
the degrees forbidden expressly, if a man had a mind to it; and it was
never heard of, that a marriage was thought of between a woman and
her Great Grandfather: and they give this reason why they limit themselves
to the degrees expressed. Because unless God had intended there a perfect
enumeration of all the persons forbidden to contract marriages mutually,
it cannot be imagined why he should be pleas'd to repeat some degrees twice
which are equally forbidden in the several instances: for if the parity of cogna<g ref="char:EOLhyphen"/>tion
were to be the measure, then those degrees which are twice repeated
might without such repetition have better been reduc'd to the Rule, under
which they were sufficiently prohibited.</p>
                     <p>2. But whether it be,<note place="margin">50.</note> or be not so, yet it can no way reach to the case
of Cosen Germans: For there is in <hi>Leviticus</hi> no degree equally neer that
is forbidden, except of such persons which are in the place of Parents, who
are prohibited upon another account.</p>
                     <p>But that which ought to put it past all question that the marriage of Co<g ref="char:EOLhyphen"/>sen
Germans was not prohibited by the Levitical law either expressly or by
consequence and parity of reason,<note place="margin">51.</note> is this: Because it was practis'd by holy men
both before and after the law, and so ordered to be done by God himself. In
the law there are no words against it, no reason against it express'd or intima<g ref="char:EOLhyphen"/>ted
in a parity of prohibition given to something else, and it was frequently
practis'd amongst persons of a known religion, and was by God given in com<g ref="char:EOLhyphen"/>mand
to some persons to doe it; therefore nothing is more certainly warrant<g ref="char:EOLhyphen"/>ed,
excepting onely express Commandements.</p>
                     <p>The particulars I relate to in Scripture are these;<note place="margin">52.</note> 
                        <hi>Jacob</hi> married his
Cosen German <hi>Rachel</hi> the daughter of his Uncle <hi>Laban. Amram</hi> the Fa<g ref="char:EOLhyphen"/>ther
of <hi>Moses</hi> begat him of his Cosen German <hi>Jochabed.</hi>
                        <note place="margin">Exod. 6. 20.</note> That she was
his Aunt is commonly supposed, but the Lxx and the Vulgar Latin re<g ref="char:EOLhyphen"/>port
her to be his Aunts daughter, though by the stile of the Hebrewes
she was called his Aunt: just as <hi>Chanameel</hi> is called in some books the
Uncle of the Prophet <hi>Jeremy,</hi>
                        <note place="margin">Jer. 32. 12.</note> when he was really his Uncles Son; and so
the Vulgar Latin Bibles read it; and <hi>Loth</hi> was called brother by <hi>Abra<g ref="char:EOLhyphen"/>ham</hi>
when he was his Brothers Son. * <hi>Caleb</hi> having promised his Daugh<g ref="char:EOLhyphen"/>ter
<hi>Achsah</hi> to him that should take <hi>Kirjath-Sepher,</hi> she fell to <hi>Othniel</hi>
the Son of <hi>Kenaz Calebs</hi> Brother; so <hi>Pagnine</hi> and <hi>Arias Montanus</hi> read
it [<hi>Filio Kenaz Fratris Caleb</hi>] meaning <hi>Kenaz</hi> to be <hi>Calebs</hi> Brother:
So that <hi>Othniel</hi> and <hi>Achsah</hi> were Brothers children; for it cannot be sup<g ref="char:EOLhyphen"/>posed
that <hi>Othniel</hi> was <hi>Calebs</hi> Brother and so was Uncle to <hi>Achsah;</hi> for that
being forbidden in the law of <hi>Moses</hi> under which <hi>Othniel</hi> and <hi>Achsah</hi> lived was
not a thing so likely to be done,<note place="margin">Num. 33.</note> and consented to by <hi>Caleb;</hi> as I have already
noted.</p>
                     <p>But the matter was made more notorious in the case of <hi>Zelophehads</hi>
daughters;<note place="margin">53.</note>
                        <note place="margin">Numbers 36.</note> who because they were heiresses were commanded to marry their
<pb n="307" facs="tcp:58903:182"/>
kinred; and they married their Fathers Brothers sons. This was a special
case, but therefore it was a special command; and what was in all cases law<g ref="char:EOLhyphen"/>ful
was made in this case necessary. For if the woman was an Heiress she
was to pleasure her own family rather then strangers. And this was not
onely amongst the Jews but amongst the Greeks and Latines, as appears by that
of the Comedy
<q>
                           <l>Lex est ut orbae,<note place="margin">Ter. in phor.</note> qui sunt genere proximi</l>
                           <l>Iis nubant, &amp; illos ducere eadem haec lex jubet.</l>
                        </q>
If the woman was without children (adde also) and without a Father, that is,
if her Father be dead, the next of kinred was bound to marry her: and there<g ref="char:EOLhyphen"/>fore
when <hi>Aeschylus</hi> calls the marriage of certain Cosen Germans <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>
marriages which the law forbids,<note place="margin">In Danaidib.</note> and affirms <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap> the
family is staind by it: the <hi>Scholiast</hi> addes that therefore these marriages are
unlawful because the Fathers were alive; and so it was not unlawful upon
the stock of kinred; but because the maid was <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap> an Heiress and
might not marry without her Fathers leave. This woman was called among
the Greeks <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>, a woman determin'd by law, and already judg'd to
such a marriage; <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>, and <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>, or <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>, and to them
that were so, it was not free to marry any one, they must marry their Kin<g ref="char:EOLhyphen"/>red
<q>
                           <l>Hic meus amicus illi genere est proximus,<note place="margin">Adelphi.</note>
                           </l>
                           <l>Huic leges cogunt Nubere hanc—</l>
                        </q>
And we find in the old Civil law that one <hi>Cassia</hi> was declar'd <hi>inheretrix</hi> upon
condition, <hi>Si Consobrino nupsisset:</hi> if she did marry her Cosen German. <hi>l.</hi> 2. <hi>C.
de instit. &amp; subst.</hi> and <hi>Papinian l.</hi> 23. <hi>&amp;</hi> 24. <hi>D. de ritu nuptiarum</hi> affirms, <hi>conditi<g ref="char:EOLhyphen"/>onem
illam, si consobrinam duxeris, haereditatis institutioni utiliter adjici posse;</hi> it
is a legal and fair condition and may be the limit of an inheritance that the
Heiress be bound to marry her Cosen German. And this in some measure
was the case of <hi>Ruth</hi> whom <hi>Boaz</hi> Great Granfather to King <hi>David</hi> did marry
by the right of a Kinsman. <hi>Now it is true</hi> (saith he) <hi>that I am thy neer Kins<g ref="char:EOLhyphen"/>man,</hi>
                        <note place="margin">Ruth 3. 12.</note>
                        <hi>howbeit there is a Kinsman neerer then I:</hi> which Kinsman because he re<g ref="char:EOLhyphen"/>fus'd
to marry <hi>Ruth, Boaz</hi> took her to wife, and she became a mother in the line
of the Messias; for Christ came out of her loines according to the flesh.</p>
                     <p>Into which line because this Argument hath led me,<note place="margin">50.</note> I offer it to conside<g ref="char:EOLhyphen"/>ration
as the last and greatest example of the lawfulness and holiness of such
marriages under the law of <hi>Moses,</hi> and as a warranty to all ages of the Chri<g ref="char:EOLhyphen"/>stians;<note place="margin">Luke 3. 23.</note>
The B. Virgin <hi>Mary</hi> the Mother of our most B. Saviour was married
to her Cosen German (as was supposed upon this reason:) For her hus<g ref="char:EOLhyphen"/>band
<hi>Joseph</hi> was the son of <hi>Heli</hi> (saith S. <hi>Luke</hi>) that is, the legal son of
<hi>Heli,</hi> for <hi>Jacob</hi> begat him (saith S. <hi>Mathew</hi>) Now <hi>Heli</hi> and <hi>Jacob</hi> were
Brethren the sons of <hi>Matthan</hi> who was Grandfather to <hi>Joseph</hi> and <hi>Mary;</hi> for
unless by the cognation of <hi>Joseph</hi> and <hi>Mary</hi> the same genealogy had serv'd for
them both, the reckoning of the Genealogy of <hi>Joseph</hi> could not have pro<g ref="char:EOLhyphen"/>ved
Jesus to have descended from <hi>David.</hi> But if this instance should fail, and
that their consanguinity (for they were Cosens) did stand at further distan<g ref="char:EOLhyphen"/>ces;
yet there are examples and reasons and authentick presidents already rec<g ref="char:EOLhyphen"/>kon'd
enow to warrant us in this inquiry.</p>
                     <p>By all which it appears what was the state of these marriages under the law<note place="margin">51.</note>
                        <pb n="308" facs="tcp:58903:183"/>
of <hi>Moses,</hi> and yet all the scruple at which weak persons start or stumble, is de<g ref="char:EOLhyphen"/>rived
from that Sanction in <hi>Leviticus,</hi> which in despite of all reason and all
precedents and all observations whatsoever, they will needs suppose to be a
Natural and moral law, so making eleven Commandements: for certain it
is that the ten Commandements was to the Jews the sum of their Moral law:
in which, since some things that were ceremonial were inserted, it is not like<g ref="char:EOLhyphen"/>ly
that any thing that was moral should be omitted. In the ten words of <hi>Mo<g ref="char:EOLhyphen"/>ses</hi>
there was nothing less then their whole Moral law, though something more
there was: but this of forbidding Cosens to marry was no where put: If it
had been put in <hi>Leviticus</hi> it was but National and temporary: for I have pro<g ref="char:EOLhyphen"/>ved
it was not against the law of Nature which permitted neerer relatives then
Cosen Germans to marry: I have also proved that the Sanction of <hi>Moses</hi> did
onely oblige Jews and Proselytes: That if they had oblig'd all, yet Cosen Ger<g ref="char:EOLhyphen"/>mans
are not there expressly forbidden, and if they be not there expressly for<g ref="char:EOLhyphen"/>bidden
they are not forbidden at all; but in case that other degrees of equal
distance and reason were there forbidden, though not expressed, yet this of Co<g ref="char:EOLhyphen"/>sen
Germans is not by any consequence or intimation of that forbidden, because
no degree is there forbidden which can involve this, but it hath a special case of
its own in which this is not at all concerned, and all this I strengthned with ex<g ref="char:EOLhyphen"/>amples
greater then all exception.</p>
                     <p>It remains now that we descend to the Christian law,<note place="margin">56.</note> and enquire whe<g ref="char:EOLhyphen"/>ther
our great Master and Lawgiver Jesus Christ hath forbidden Cosen Ger<g ref="char:EOLhyphen"/>mans
to marry? But this is soon at an end, for Christ spake nothing at all
concerning marriage but one sentence which reduc'd it to the first state of Na<g ref="char:EOLhyphen"/>ture,
save onely that he left us in all things bound by the laws of Nations and
our just superiors, of which two last I shall give account in the following peri<g ref="char:EOLhyphen"/>ods.
But of that which Christ said the sum is this onely: <hi>For this cause shall
a man leave Father and Mother and cleave to his wife, and they two shall be one flesh.</hi>
By which words he did establish all that was Natural and Moral in this affair.
[A man shall leave Father and Mother] by these words are forbidden the
marriage of Parents and children. [He shall cleave to his wife] by this is
forbidden <hi>concubitus masculorum.</hi> [His wife] by this is forbidden adultery or
the lying with another mans wife, and extra-nuptial pollutions. [<hi>Erunt duo]
They two,</hi> by that is forbidden <hi>Polygamy, [In carnem unam] shall be one flesh,</hi>
by this is forbidden bestiality or the abuse of <hi>Caro aliena,</hi> the flesh of several
<hi>Species;</hi> which are all the unlawful and unnatural lusts forbidden by God in
the law of Nature, and that which was afterwards given to all mankind, and
inserted in the Levitical law as the consummation and main design of the other
prohibitions which were but like hedges and outer guards to these.</p>
                     <p>There is in the New Testament onely one law more which can relate to
this question of marriages [<hi>Provide things honest in the sight of all men</hi>] and
[<hi>Follow after things which are of good report</hi>] That is,<note place="margin">57.</note> Whatsoever is against
publike honesty, the law of Nations, the common sense of Mankind, that is
not to be done by Christians, though of the instance there be no special prohi<g ref="char:EOLhyphen"/>bition
in the laws of Jesus Christ: and <hi>Modestinus</hi> the Lawyer said well, <hi>In
nuptiis non solum quod liceat, sed etiam quid honestum sit, semper est respiciendum.</hi>
Concerning which lest there be a mistake in it, I premise this caution in gene<g ref="char:EOLhyphen"/>ral,
that we doe not take false or weak estimates of Publike fame and honesty.
Nothing but the laws of God and Men or the universal sentence of that part of
mankind with whom we any waies converse is the measure of publike honesty.
Thus for a Bishop to ride on hunting in his Pontificals, or for a Priest to keep
<pb n="309" facs="tcp:58903:183"/>
an alehouse is against publike honesty: of the same nature are, for a woman
to paint her face, or to goe in mans apparel. But <hi>when a thing is disputed on
both sides by good and learned Men, to doe either is not against publike honesty.</hi>
Thats a certain rule; for when a thing is called good and honest by wise and
good Men, the question is divided, and therefore cannot be united against ei<g ref="char:EOLhyphen"/>ther
of them. * Upon this account S. <hi>Paul</hi> reprov'd the incestuous Corin<g ref="char:EOLhyphen"/>thian
because he had done a fact which was not so much as nam'd, that is, ap<g ref="char:EOLhyphen"/>prov'd
amongst the Gentiles, that one should have his Fathers Wife. <hi>Cara<g ref="char:EOLhyphen"/>calla</hi>
indeed did it afterwards, and it was before his time done in the family of
<hi>Seleucus;</hi> but these were insolent examples, ever disallowed by the Romans
and all the Nations within their circuit: and consequently the Greeks had
long before S. <hi>Pauls</hi> time been more restrain'd in their too great licentiousness
of marriages. And when the custome of this thing had procur'd a licence
for it amongst the Scots, S. <hi>Margaret,</hi> wife to <hi>Malcome</hi> III. their King did re<g ref="char:EOLhyphen"/>duce
the contrary law of Nations, and forbad a son to marry his fathers wife,
or a Brother to marry his Brothers widow.</p>
                     <p>Beyond this the New Testament having nothing,<note place="margin">58.</note> if we reduce this to the
present question we must consider whether the marriage of Cosen Germans be
against publike honesty or good report, that is, whether it be condemn'd by
the law of Nations and the prevailing sentences or practise of wise men.</p>
                     <p>Concerning this,<note place="margin">59.</note> I find that <hi>Plutarch</hi> speaking of the ancient laws and
usages of the Romans in marrying their Kinred, saies it was a practice before
it was a law: and there happened to be a case of a good man who had a great
advantage by marrying his Cosen German: upon occasion of which the peo<g ref="char:EOLhyphen"/>ple
made a law that it should be permitted to any one to doe it <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>.
Now this
was very ancient; and before this law for it I find no law against it, onely if
<hi>Claudius</hi> in <hi>Tacitus</hi> said true they were <hi>diu ignorata,</hi> no notice of them, or but
seldom examples. Concerning which discourse though men are pleas'd to
talk as serves their turnes, yet it is very certain that the elder the times were,
the more liberty there was of marrying their Kinred. However there was an
early law for it and none against it, that I find; and when it began to be consi<g ref="char:EOLhyphen"/>dered,
<hi>tempore addito percrebuerunt</hi> said <hi>Tacitus,</hi> they in time grew frequent.
In the Oration of <hi>Sp. Ligustinus</hi> in <hi>Livy</hi> there is this clause, <hi>Pater mihi Lxorem
fratris sui filiam dedit:</hi> My Father gave to me wife his own Brothers daughter:
and <hi>Quintilian</hi> mourning for the immature death of his Son,<note place="margin">Annal. l, 12.</note> affirms that he
was design'd to be son in law to his Uncle. So <hi>Cicero pro Cluentio</hi> saies that
his Sister married <hi>Melinus</hi> her Cosen German: and <hi>Augustus Cesar</hi> gave his
daughter <hi>Julia</hi> to <hi>Marcellus</hi> the son of his Sister <hi>Octavia.</hi> The brave <hi>Brutus</hi>
who was the example of a rare moral man and a noble Patriot was married to
<hi>Portia</hi> the daughter of his wise Uncle <hi>Cato;</hi> and that incomparable Prince
<hi>Marcus Antonius</hi> the Philosopher and Emperor was married to his neerest Co<g ref="char:EOLhyphen"/>sen
<hi>Annia Faustina;</hi> she was his Cosen German. But thus it was at the be<g ref="char:EOLhyphen"/>ginning;
and thus it was at the ending of the Roman state and Empire. <hi>At
the beginning;</hi> the two daughters of <hi>Servius Tullius</hi> were married to their
Cosen Germans <hi>Lucius</hi> and <hi>Aruns,</hi>
                        <note place="margin">L. 1. ad V. C.</note> the Nephews of <hi>Priscus Tarquinius, Livy</hi>
indeed saies it was not certain whether these young Gentlemen were Uncles
or Cosen Germans to their wives; that is, whether they were sons or Ne<g ref="char:EOLhyphen"/>phews
to <hi>Tarquinius Priscus,</hi> but <hi>Dionysius Halicarnasseus</hi> contends earnestly
that they were Nephews.<note place="margin">L. 4. Anti<gap reason="illegible" resp="#TECH" extent="1 letter">
                              <desc>•</desc>
                           </gap>
                           <g ref="char:punc">▪</g>
                        </note> Toward the declination of the Roman period
<pb n="310" facs="tcp:58903:184"/>
and state we find that <hi>Constantius</hi> the Emperor gave his Sister to her cosen <hi>Ju<g ref="char:EOLhyphen"/>lianus.</hi>
                     </p>
                     <p>These and all the foregoing examples of the wisest,<note place="margin">60.</note> of the best, of the
most holy Persons, Patriarchs, and Kings, Consuls and Philosophers, Law<g ref="char:EOLhyphen"/>givers
and Saints; the practice and customes of the greatest and most civil
Nations are infinitely sufficient to dash in pieces this weak pretence (if any
should make use of it) that the marriage of Cosen Germans is against pub<g ref="char:EOLhyphen"/>like
honesty, and so consequently not of good report; For that which God
never forbad, but sometimes did actually command, which the Patriarchs did
practise, which the church of the Jews never scrupled at, but alwaies were ac<g ref="char:EOLhyphen"/>customed
to it, which wise men and good men have done without reproof:
which was admitted by the law of Nations; and is no where contradicted in
Scripture, which records many authentick precedents of such marriages, in all
reason ought to be of good report. And certainly nothing hath done disho<g ref="char:EOLhyphen"/>nour
and so lessen'd the fame and good opinion of such marriages, as the very
making a question concerning its lawfulness, and making a scruple even after the
question is well determin'd. To be suspected, lessens the fame of any man or
any thing. The doing justice to this article will doe it reputation enough.</p>
                     <p>If we now shall inquire how the civil law of the Romans did determine of
these marriages we shall be helped much in the cure of the former fear.<note place="margin">61.</note> For if
the law of the Romans allowed it, that law which had so many brave and wise
composers, and which so many Nations allowed of and practis'd, and still do
in very many Kingdomes and Republikes, we have no reason to think it can
be of ill report. But concerning this the matter is not very disputable, it is
notorious that the Civil law did allow it. <hi>l.</hi> 1. § <hi>duorum inst. de nupt. l.</hi> 3. <hi>&amp; l. non
solum.</hi> § 1. <hi>D. de ritu nupt. l. C. de inst. &amp; subst.</hi> * <hi>Paulus</hi> the Lawyer said; <hi>Si
Nepotem ex filio &amp; neptem ex altero filio in potestate habeam nuptias inter eos me
solo authore contrahi posse Pomponius scribit,</hi>
                        <note place="margin">L<gap reason="illegible" resp="#TECH" extent="2 letters">
                              <desc>••</desc>
                           </gap>si Nepot. 3. D. de <gap reason="illegible" resp="#TECH" extent="1 letter">
                              <desc>•</desc>
                           </gap>it. nupt.</note> 
                        <hi>&amp; verum est:</hi> and <hi>Antontnus</hi> the Em<g ref="char:EOLhyphen"/>peror
said,<note place="margin">
                           <gap reason="illegible" resp="#TECH" extent="1 letter">
                              <desc>•</desc>
                           </gap>. conditioni. 2. C de instit. &amp; subst.</note> 
                        <hi>Non videri potest sub specie turpium nuptiarum viduitatem tibi induxisse
cum te filio sororis suae consobrino tuo, probabili consilio Matrimonio jungere vol<gap reason="illegible" resp="#TECH" extent="1 letter">
                              <desc>•</desc>
                           </gap>
                           <g ref="char:EOLhyphen"/>erit:</hi>
I need in this say no more. It was alwaies permitted in the Greek and
Roman Laws, till the time of <hi>Theodosius,</hi> who being over-ruled by S. <hi>Ambrose,</hi>
forbad it by an express law; <hi>tantum pudori tribuens continentiae ut consobrinorum
nuptias vetuerit tanquam sororum,</hi> said <hi>Aurelius Victor;</hi> he thought it more nice
and modest if he should inlarge the Laws and restrain what was not restrain'd
before: But this as it arose suddenly, so as suddenly was extinguish'd; for it
was abrogated by <hi>Arcadius</hi> and <hi>Honorius</hi> his sons, whose constitution to this
purpose is in <hi>Justinian l. celebrandis C. de nuptiis,</hi> in which these words are re<g ref="char:EOLhyphen"/>markeable,
[<hi>Revocatâ prisci juris authoritate, restincís<expan>
                              <am>
                                 <g ref="char:abque"/>
                              </am>
                              <ex>que</ex>
                           </expan> calumniarum fomentis,
matrimonium inter Consobrinos habeatur</hi>] The law that forbad them was occa<g ref="char:EOLhyphen"/>sioned
and fomented by calumnies; which being dispersed, the authority of the
Ancient law was recalled.</p>
                     <p>This onely I am to admonish;<note place="margin">62.</note> That in the <hi>Theodosian Code</hi> the law of
these Emperors seems to say otherwise, as is to be seen under the titles of [<hi>si
nuptiae ex rescript. petant: &amp; de incestis nuptiis.</hi>] But the forgery is notorious
enough. For when <hi>Alaric</hi> King of the Goths had commanded his Subject
<hi>Arrianus</hi> the Lawyer to make a Breviary of the Code, he fitted those laws to
the Customes of his own Countrey, and so abus'd the law of <hi>Arcadius</hi> and
<hi>Honorius,</hi> as appears plainly by comparing those constitutions which pass'd un<g ref="char:EOLhyphen"/>der
the fingers of <hi>Arrianus,</hi> with those which under the same <hi>Rubricks</hi> are in
<pb n="311" facs="tcp:58903:184"/>
the Code of <hi>Justinian.</hi> For in this there is not one word spoken of the mar<g ref="char:EOLhyphen"/>riage
of Cosen Germans under those Titles. And as he hath done in the
Breviary of the <hi>Theodosian Code,</hi> so he hath done in the Epitome of <hi>Caius</hi> insti<g ref="char:EOLhyphen"/>tutions
(he, or some such fellow as bad) and made the civil law as he pleased
expressly against the known Sanction of all the old law of the Braver Romans.
*The same also was done by <hi>Theophilus</hi> who recited this law according to the
manners of his own time, and recites the law of <hi>Justinian</hi> exactly contrary to
<hi>Justinian</hi>'s sence by clapping a perfect Negative to his direct affirmative. But
<hi>Curtius</hi> the Latin interpreter of <hi>Theophilus</hi> hath set it right again according to
the true intent of the Civil law. But it may be I doe not well to trouble the
Question with these little things,<note place="margin">L. 15. c. 16. de civit. Dei.</note> when the great lines of duty are so plain and
legible: and concerning this we have a full testimony from S. <hi>Austin;</hi> who
having observed that in his time Cosen Germans did not often marry: <hi>Experti
sumus</hi> (saies he) <hi>in conjugiis consobrinorum etiam nostris temporibus ….. quàm
rarò per mores fiebat, quod fieri per leges licebat, quia id nec Divina prohibuit, &amp;
nondum prohibuer at lex humana.</hi> That is, for Cos<gap reason="illegible" resp="#TECH" extent="1 letter">
                           <desc>•</desc>
                        </gap>n Germans to marry was
neither prohibited by the laws of God nor man: and so we have a testimony
beyond exception concerning the Civil law, and the law of God, and the
law of the Church till his time. Now if it be objected that he saies it was
done but seldome, it is no wonder. S. <hi>Ambrose</hi> and <hi>Theodosius</hi> a little be<g ref="char:EOLhyphen"/>fore
that time had caused some restraint and made the matter uneasy
and besides this; If any man could observe concerning any one sort of per<g ref="char:EOLhyphen"/>sons
how seldom they marry, that is, how few examples any one man
can observe of any degree though never so distant, this will appear but
light, as the dew upon a flower, or the down of a thistle. It is law<g ref="char:EOLhyphen"/>ful
for a Father and his Son to marry a widow and her daughter; and
for two Brothers to marry two Sisters; and no man questions any thing so
it: but <hi>quàm rarò hoc per mores fiat;</hi> how many examples can any one
man reckon? Can he tell so many in one age and of his own notice, as
to make them up a multitude? and yet this would be but a weak argument
against it; and not worth a further consideration.</p>
                     <p>That which is to be inquired next into is the Canon law;<note place="margin">63.</note> and that indeed
does forbid it: but how, and to what purpose, and with what obligation will
not be wholly useless to consider.</p>
                     <p>1. In the very first Canons of the Church (excepting onely that one
fram'd in the Councel of <hi>Jerusalem Acts</hi> 15.)<note place="margin">64.</note> which are commonly cal<g ref="char:EOLhyphen"/>led
the Canons of the Apostles there is a caution against incestuous mar<g ref="char:EOLhyphen"/>riages,
but the instances are onely, [<hi>He that marries two Sisters, or his Brothers
Widow, or Daughter.</hi>] The penalty is, <hi>He may not be received into Holy Orders:</hi>
but for the matter of Cosen Germans it was not forbidden: Until S. <hi>Austins</hi>
time and thereabouts it was true that <hi>Nondum prohibuerat lex humana, Divina
nunquam:</hi> Gods law had never, and till then mans law had not forbidden it,
that is, it was then in all senses lawful: and in the Synod of <hi>Paris</hi> almost six
hundred years after Christ, those are defined to be unlawful marriages <hi>quae con<g ref="char:EOLhyphen"/>tra
praeceptum Domini contrahuntur,</hi> which are against the Divine law; None
else; amongst which the present case is not to be suspected: and in the old
Canons of the Church all the prohibited instances were compris'd in these ver<g ref="char:EOLhyphen"/>ses,
which was their Authentick Table:
<q>
                           <l>Nata, Soror, Neptis, Matertera, Fratris &amp; Uxor,</l>
                           <l>Et Patris Conjux, Mater, Privigna, Noverca,</l>
                           <l>
                              <pb n="312" facs="tcp:58903:185"/>
Uxorlsque Soror, Privigni Nata, Nurúsque,</l>
                           <l>Atque Soror Patris,<note place="margin">C. lit. extr. de <gap reason="illegible" resp="#TECH" extent="2 letters">
                                    <desc>••</desc>
                                 </gap>stit. sponsal.</note> conjungi lege vetantur.</l>
                        </q>
But in some assemblies of the Bishops about this time, a little before or a lit<g ref="char:EOLhyphen"/>tle
after, the manners of the Nations being spoil'd with warres, rudeness
and Barbarisme, they contracted incestuous marriages: and it was therefore
thought fit that as the marriage of Uncles and Nieces were forbidden as a
hedge to keep them farther off from Father and Mother, Son or Daughter, so
this of Cosen Germans was set as a <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap> or an outward Court to keep
them from marrying Brother and Sister. And therefore <hi>Harmenopulus</hi> saies
they were forbidden by the laws of the Greeks. And it was amongst them no
more then was highly needful for a reason which every one knows. But both
there and in the Latin Church, when the prohibition of Cosens marriage is joind
in the same decree with the marrying of Sisters, the cause is rendred too suspi<g ref="char:EOLhyphen"/>cious.
* And yet there was an external cause that had influence upon these
Sanctions of the Church. The Goths then prevaild by the sword, and the
Church to comply with the Conquerour was forward to receive this law from
them: for the Goths had it before the Romans, and it is very probable that
those barbarous people were the great presidents and introducers of the prohi<g ref="char:EOLhyphen"/>bition.</p>
                     <p>2. These laws were made by time and accidents,<note place="margin">65.</note> and were extended or
contracted as it pleased the Popes of <hi>Rome,</hi> who (as one observes<g ref="char:punc">▪</g>) were for a
long time <hi>iniquiores &amp; invidi in maritos,</hi> apt and easie to make all restraints up<g ref="char:EOLhyphen"/>on
marriages. If it were seasonable and fit it were not useless to observe many
instances out of the Canon law to this purpose. But I forbear, that which I
now observe, is, that the prohibition amongst them began with Cosen Germans
then it went to the third and fourth degrees; then to seven, then to four again,
sometime to six, as in the Synod at <hi>Cabaillon;</hi> sometimes <hi>usque dum generatio
agnoscitur, aut memoria retinetur,</hi> as long as any memory of kinred remains, and
that will be very far in <hi>Wales</hi> where they reckon eight degrees and special names
of Kinred after Cosen Germans, and then Kin for ever,<note place="margin">Concil. Tolet. 2. c. 5.</note> and truly these Ca<g ref="char:EOLhyphen"/>nonists
proceed as reasonably as their Principles would admit.<note place="margin">Concil. Worm.</note> For if Cogna<g ref="char:EOLhyphen"/>tion
or Consagu<gap reason="illegible" resp="#TECH" extent="1 letter">
                           <desc>•</desc>
                        </gap>nity was the hindrance of marriage, where ever they could
reckon that, they had some pretence to forbid marriage: but if they onely for<g ref="char:EOLhyphen"/>bad
it upon the accounts of Nature, or by the precedent of the Divine law gi<g ref="char:EOLhyphen"/>ven
to <hi>Moses</hi> they were to stop there where Nature stop'd, or the Divine law.
But that they would not, as knowing it to be an easie thing to make laws at the
charge of other mens trouble.</p>
                     <p>3. The reasons why the Projectors of the Canon law did forbid to
the fourth or to the seventh degree,<note place="margin">66.</note> were as fit a cover for this dish as could be
imagined. They that were for four gave this grave reason for it. There are four
humors in the body of a man to which because the four degrees of consangui<g ref="char:EOLhyphen"/>nity
doe answer, it is proportionable to Nature to forbid the marriage of Co<g ref="char:EOLhyphen"/>sens
to the fourth degree. Nay more; there are four Elements; Ergo, To
which it may be added, that there are upon a mans hand four fingers and a
thumb. The thumb is the <hi>stirps</hi> or common Parent; and to the end of the four
fingers, that is, the four generations of Kinred we ought not to marry, because
<hi>the life of a man is but a span long.</hi> There are also four quarters of the world;
and indeed so there are of every thing in it, if we please, and therefore abstain
at least till the fourth degree be past. Others who are graver and wiser (par<g ref="char:EOLhyphen"/>ticularly
<hi>Bonaventure</hi>) observe cunningly, that besides the four humours of the
body, there are three faculties of the Soul, which being joined together make
seven, and they point out to us that men are to abstain till the seventh genera<g ref="char:EOLhyphen"/>tion.
<pb n="313" facs="tcp:58903:185"/>
These reasons such as they are, they therefore were content withall,
because they had no better: yet upon the strength of these they were bold
even against the sense of almost all mankind to forbid these degrees to marry.</p>
                     <p>4. When the Canonists appointed what degrees of Kinred they would
have restrain'd from mutual marriage,<note place="margin">67.</note> they took their precedent and measure
from the Civil law, making this their standard, that so long as by the Civil
law inheritances did descend, so long by the Canon law it should not be per<g ref="char:EOLhyphen"/>mitted
to kinred to marry: and upon this account they forbad marriage to
the seventh degree, because so farr the laws appointed inheritances to descend.
Now that this is a weak and a false ground appears, because inheritances de<g ref="char:EOLhyphen"/>scend
even to the tenth degree: and yet suppose it otherwise: yet the Popes and
other compilers of the Canons overshoot their mark extremely: because while
they forbidding marriages to the seventh degree pretended to follow some pro<g ref="char:EOLhyphen"/>portions
and usages of the Civil law, do yet reckon the degrees otherwise
then the Civil law does, and consequently doe forbid marriage to the fifteenth
civil degree exclusively. For whereas by the Canon law so far as either of the
persons is distant from the Common Parent, so far he is distant from the other
in the equal line: so that by this computation Cosen Germans are distant in
the second degree and no more. But by the Civil law there are accounted so
many degrees as there are persons besides the Common Parent, so that in this
computation Cosen Germans are distant in the fourth degree; and conse<g ref="char:EOLhyphen"/>quently
the seventh Canonical degree is the fourteenth civil degree, the une<g ref="char:EOLhyphen"/>qualness
and unreasonableness of which, all Lawyers will deride. The same is in
proportion to be said of their later reduction of the Canonical prohibition to
the fourth degree inclusively.</p>
                     <p>5. These laws gathered by the Roman Canonists are not now,<note place="margin">68.</note> nor ever
were they, obligatory but by the consent of the People, and the allowance of
Princes. For Bishops in their meer spiritual impresses have no proper legislative
power, were Princes are Christian: and if the Prince please he may inlarge or
restrain their power, so that he make no intrenchment on the Divine law, and
doe what is useful and profitable, <hi>Fac legi tuae sepem,</hi> said the Jews: it makes
the law firm if you put a hedge about it; and where viler people who had no
fear of God were apt to marry Sisters or Aunts, it was not ill to prohibit some<g ref="char:EOLhyphen"/>thing
that was lawful, lest they should run into what is unlawful. But this is
matter of prudence onely and ought to be separated from the question of law<g ref="char:EOLhyphen"/>ful
or unlawful. But then when the Prince does not bind, the Subjects are
free. <hi>Honesta &amp; justa esse quae Regi placent, &amp; regno utilia.</hi> Those things which
please the King and are profitable to the Kingdome are honest and just. It was
truly said but ill applyed by <hi>Antiochus Seleucus.</hi>
                     </p>
                     <p>6. These laws are neither allowed by the Prince,<note place="margin">69.</note> nor by the Ecclesiastical
state in <hi>England,</hi> and because they were useless and burdensome they were laid
aside; for they were but drains for money and levies of rents; for even under
the Pope the way was, and is now, open enough to Cosen Germans if they have
gold enough to purchase the lead. And so it was when the Civil law was tun'd
to the aire of the Canon law and both to the manners of the Goths. Cosens
might marry with a dispensation from the Prince; a form of which is to be
seen in <hi>Cassiodore.</hi>
                        <note place="margin">L. 7. varia<gap reason="illegible" resp="#TECH" extent="1 letter">
                              <desc>•</desc>
                           </gap> 
                           <gap reason="illegible" resp="#TECH" extent="1 word">
                              <desc>〈◊〉</desc>
                           </gap>
                        </note> But this is one of the many blessings of the Protestant re<g ref="char:EOLhyphen"/>ligion
that we are not tied to pay money for leave to doe a lawful action; so
that as the Jewes were wont to say, He that hath married a wife that is
<pb n="314" facs="tcp:58903:186"/>
too neer of Kinred, let him turn Proselyte and then she is not of Kin to him,
I may in some sense use in the contest between our laws and those of the Ro<g ref="char:EOLhyphen"/>man
Churches: He that hath or desires to marry a wife of his kindred which
is not to neer by Gods law but is by the Popes law, let him become a Prote<g ref="char:EOLhyphen"/>stant,
and then though nothing can be allowed to him which God hath forbid<g ref="char:EOLhyphen"/>den,
yet that leave which God hath given him, Man shall not take away.</p>
                     <p>7. If it were at all considerable what is done by the Canon law,<note place="margin">70.</note> there
is a new device brought in of spiritual kinred; and marriages forbidden to be
between such as answer at the Font for the same child; that is, if we value the
Roman Canons, all Mankind are in perpetual snare, and that to no purpose.</p>
                     <p>8. But as for the present inquiry it is considerable that the Canon law it
self does not pretend it to be against the Divine law,<note place="margin">71.</note> but does it wholly upon
other accounts, as I have already instanc'd; and this appears in the epistle of
<hi>Rabanus</hi> to Cardinal <hi>Humbert. Quod Pontifices usque ad sextum vel septimum
gradum conjugium prohibent, magis ex consuetudine humana quam ex lege Divina
cos praecepisse credendum.</hi> The Canons did not intend to signifie it to be against
the law of God for Cosens to marry in the degrees forbidden by the Canon
law.</p>
                     <p>9. And after all,<note place="margin">72.</note> the laws of <hi>England</hi> doe expressly allow it; as is to be
seen in the tables of marriage set up in Churches usually, and in the Statute of
32 of <hi>Henry</hi> 8. chapter 38. And it is observable that in <hi>England</hi> they were al<g ref="char:EOLhyphen"/>lowed
to doe it ever since they were Christians, unless they were Papists. For
till Pope <hi>Gregories</hi> time and <hi>Augustine</hi> the Monk (though Christianity had been
here almost 500 yeers before it was us'd by the Britains: and P. <hi>Gregory</hi> did
not think it fit that <hi>Augustin</hi> should put a restraint upon them (as is to be seen
in the British Councels collected by that learned and good man S<hi rend="sup">r</hi> 
                        <hi>Henry Spel<g ref="char:EOLhyphen"/>man)</hi>
but it was no little interest and power, which the Popes afterwards pro<g ref="char:EOLhyphen"/>cured
in the families of Princes and other great personages by giving leave to
them to marry their neer relatives; and their posterity for their own sakes
would in all likelyhood preserve that power to which (as things then went)
they did owe their legitimation.</p>
                     <p>Although I have pass'd thorough all laws that can oblige us,<note place="margin">73.</note> in this pre<g ref="char:EOLhyphen"/>sent
inquiry; yet because the chief disquisition is concerning the Natural law,
and whether or no any prohibition can from thence descend upon the marriage
of Cosen Germans is the main question; it will be proper here to adde one to<g ref="char:EOLhyphen"/>pick
more, that is, the Prudence or reasonableness of the thing.</p>
                     <p>Concerning which it is observable,<note place="margin">74.</note> that whoever shall goe about to assign
the proper reasons why certain degrees are forbidden to marry by the law of
God, will by experience find it to be too hard for his head: and Rabbi <hi>Me<g ref="char:EOLhyphen"/>nahen
Racanatensis</hi> observed, <hi>Quod ad rationem attinet interdictorum incesti, Ma<g ref="char:EOLhyphen"/>gistri
traditionum de ea nihil certi acceperunt.</hi> The Masters of traditions have re<g ref="char:EOLhyphen"/>ceived
no certain account of those reasons for which God forbad incestuous
mixtures: Indeed if we could find out the prime and proper reason; then
by proportions to it we could better understand how far the prohibitions were
to be extended. But this is to be despair'd of. But yet Men have ventur'd
to give such reasons as they could, which how far they are applicable to the
present question shall be considered.</p>
                     <p>
                        <pb n="315" facs="tcp:58903:186"/>
1. That Kinred ought not to marry is therefore decreed,<note place="margin">75.</note> 
                        <hi>nè emulatio fiat
in eadem domo,</hi> saies one. The same degree of Kinred will be apt to love the
same man, and so emulation will arise. * Well suppose that: But if it does;
the marrying one of them will determine all the rest, and quiet the strife. But
because this proves too much, it proves nothing at all. For upon the same
account, a young man should not marry in a family where there are many
daughters, <hi>nè aemulatio fiat in eadem domo</hi> to avoid emulation and competition.</p>
                     <p>2. Cosens would do better not to marry (saies another) <hi>nè habeat duas ne<g ref="char:EOLhyphen"/>cessitudines
una persona;</hi>
                        <note place="margin">76.</note> that one person may not be a double Relative:<note place="margin">Cicero de sia.</note> for so
names will be confounded and the same person shall be Father and Cosen to his
own child. * But what if he be? and what if a King be both a Lord over and
a Son under his own Mother? what if a man be a Father and a Judge, a Brother
in law and a Natural Brother, as when two Brothers marry two Sisters? The
more relations and necessitudes there are, it is so much the better, and a twofold
Cord is not easily broken.</p>
                     <p>3. It were well that Cosens might not marry,<note place="margin">77.</note> that by their Kinred they
might be defended from the injury of their Husbands, in case they should need
it. * Well suppose this too: yet,<note n="1" place="margin">1.</note> This does not at all concern the Man, for he
will not need a defence by his Kinred against his wife.<note n="2" place="margin">2</note> For the woman, un<g ref="char:EOLhyphen"/>less
she marries all her kinred, the other may be a defence against the violence
of one whom she does marry; and will be more likely to prevail in the defence
against a Kinsman, then against a stranger.<note n="3" place="margin">3.</note> But if a woman be brought to
that pass, her Cosen shall doe her little advantage against her Husband; for such
defences doe but exasperate and make eternal animosities: but the laws are
the best defences.<note n="4" place="margin">4.</note> If the Cosen will be a sure defence against the Husbands
injury: then if the Cosen be married to her, he will be sure to do her no injury.
For he that will doe evil himself, is but an ill security to be ingag'd against ano<g ref="char:EOLhyphen"/>ther,
and he that will prevaricate in the duty of a Husband, will hardly secure
the peace of the woman by the duty of a Kinsman.</p>
                     <p>4. S. <hi>Austins</hi> scruple is this.<note place="margin">78.</note> 
                        <hi>Inest nescio quomodo humanae verecundiae quid<g ref="char:EOLhyphen"/>am
naturale ac laudabile ut cui debet causa propinquitatis verecundum honorem ab
ea contineat quamvis gener atricem tamen libidinem.</hi> There is in the Modesty of
Mankind something that is Natural and laudable; by which they abstain from
congression with them to whom they own the honor of Reverence and modest
bashfulness. This indeed is a good account where the modesty of Nature does
really make restraints and owes duty and reverence: and therefore is one of
the most proper and Natural reasons against the marriage of Parents and chil<g ref="char:EOLhyphen"/>dren,
and is by the allowance of some proportions extended to Brother and Si<g ref="char:EOLhyphen"/>ster:
but if it be sent out one step further, you can never stop it more, but it shall
go as far as any man please to fancy: therefore let it stop where God and Na<g ref="char:EOLhyphen"/>ture
hath fix'd its first bounds; and let not the pretence of a Natural reason or
instinct, carry us whether Nature never did intend; for it is certain she gave lar<g ref="char:EOLhyphen"/>ger
commissions, however the fears, or the scruples, or the interest of some men
have made them to speak otherwise: and I remember concerning <hi>Cicero</hi> who
somtimes speaks against the marriage of Cosens, that it is but too reasonable to
suppose he did it to remove suspicion from himself; it having been objected a<g ref="char:EOLhyphen"/>gainst
him by <hi>Q. Fusius Calenus</hi> in <hi>Dio</hi> that he was too kind and amorous to
his own daughter.<note place="margin">Lib. 46.</note> 
                        <hi>Filia matris pellex tibi jucundior at<expan>
                              <am>
                                 <g ref="char:abque"/>
                              </am>
                              <ex>que</ex>
                           </expan> obsequentior quàm parenti
par est;</hi> So unequal, so uncertain a way it is to trust the sayings of a man, when so
frequently the mans opinion is not caused by his reason, but by a secret interest.</p>
                     <p>
                        <pb n="316" facs="tcp:58903:187"/>
5. Pope <hi>Gregory</hi> in his Epistle to the Arch-bishop of <hi>Canterbury</hi> tries an<g ref="char:EOLhyphen"/>other
way:<note place="margin">79.</note> 
                        <hi>Experimento didicimus ex tali conjugio sobolem non posse succrescere.</hi>
If Cosen Germans marry they will have no children. But the good man did
not remember that the whole Nation of the Jews came from the marriage of
the two Cosen Germans of <hi>Jacob, Rachel</hi> and <hi>Leah;</hi> and although by this dis<g ref="char:EOLhyphen"/>course
it seems it was an usuall practice to doe it; for from the practice onely
he could pretend to an observation of this event; yet as to the event of the
thing it self; it is a very great experience which the world hath, by which his
observation is confuted.</p>
                     <p>6. But the best reason given against the convenience of it;<note place="margin">80.</note> for none pre<g ref="char:EOLhyphen"/>tends
higher; is, that it were better if Cosen Germans should not intermarry
<hi>propter multiplicandas affinitates,</hi> as S. <hi>Austin</hi> expresses it, <hi>ut conjugiis augeant ne<g ref="char:EOLhyphen"/>cessitudines,</hi>
that so they might scatter friendships and relations in more families
for the dissemination and extension of charity. For Cosens being already
united and loving, it were well by marriage to endear others which are not so
loving, not so united. Of this every one makes use that is pleas'd to disswade
these marriages. But to this I answer,<note n="1" place="margin">1.</note> That suppose this were well and with<g ref="char:EOLhyphen"/>out
objection as to the material part, yet this does no waies prove it unlaw<g ref="char:EOLhyphen"/>ful,
and indeed is not by the contrivers of it intended it should: as appears in
<hi>Philo</hi> and <hi>Plutarch</hi> from whom S. <hi>Chrysostom</hi> and S. <hi>Austin</hi> did borrow it.<note n="2" place="margin">2.</note>
There may be one inconvenience in it, and yet many conveniences and advan<g ref="char:EOLhyphen"/>tages
which may outweigh that one; and that there are so, will appear in the
sequel.<note n="3" place="margin">3.</note> This very reason when <hi>Philo</hi> the Jew had urg'd in general for the
scattering friendships and not limiting alliances to one family, he addes, <hi>Quod
respiciens Moyses alias etiam multas propinquorum nuptias vetuit:</hi> Meaning that
this argument is sufficiently provided for by the restraints that <hi>Moses</hi> made, and
if we marry out of those limits, the friendship is enough scattered. For beyond
Brother and Sister, Uncles and Nieces, the relation is far enough off to be re<g ref="char:EOLhyphen"/>ceptive
of and to need the renovation or the arrests of friendship.</p>
                     <p>7. It were well if Cosen Germans did not marry lest by reason of their
usual familiarity,<note place="margin">81.</note> converse and natural kindness, fornications should be se<g ref="char:EOLhyphen"/>cretly
procured; it being too ready for Natural love to degenerate into lust.
I answer that therefore let them marry as the remedy. For it were a hard thing
that Cosens who doe converse and are apt to love should by Men be fobid<g ref="char:EOLhyphen"/>den
to marry, when by God they are not. For this aptness to love being left
upon them, together with their frequent conversation is a snare; which because
God knew he permitted them to their remedy; and if men doe not they will
find that their prohibition of marriage will not be a sufficient security against
fornication. For Brothers and Sisters where the danger is still greater, God
hath put a bar of a positive law, and Nature hath put the bar of a Natural rea<g ref="char:EOLhyphen"/>son
and congruity and the laws of all Mankind have put a bar of publike hone<g ref="char:EOLhyphen"/>sty
and penalties, and all these are sufficient to secure them against the tempta<g ref="char:EOLhyphen"/>tion:
and this was observed by a wise man long since in this very instance:
<gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>.<note place="margin">Xenophon. l. 5. de Cy<gap reason="illegible" resp="#TECH" extent="1 letter">
                              <desc>•</desc>
                           </gap> instic.</note>
The Father is not in love with the Daughter; nor a Brother with
his S<gap reason="illegible" resp="#TECH" extent="1 letter">
                           <desc>•</desc>
                        </gap>ster: the reason is, <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>, fear and the
laws are restraint enough for this love: but because to Cosens this bar is not
set, the greater propensity they have to love, the more need there is
they should be permitted to marry. * And this very thing was ob<g ref="char:EOLhyphen"/>served
by <hi>Rabanus</hi> in his Epistle to <hi>Humbert. Hujusmodi prohibitiones a<g ref="char:EOLhyphen"/>dulterii
occasionem praebere;</hi> such laws of Restraint are occasions of Adultery
<pb n="317" facs="tcp:58903:187"/>
and therefore he infers from thence, <hi>Bonum esse ut praetermissis illis prohibitioni<g ref="char:EOLhyphen"/>bus
legis Divinae servetur constitutio.</hi> It were good if standing in the measures
of the Divine law, we should lay a snare for no mans foot by putting fetters
upon his liberty, without just cause, but not without great danger.</p>
                     <p>I know of no more reasons pretended against this affair;<note place="margin">82.</note> I think these are
all; and I am sure they are the most considerable. But then on the other side,
although it were hard to require any more reason for the marriage of Co<g ref="char:EOLhyphen"/>sen
Germans, then we doe for any other marriage, that is, that we love the per<g ref="char:EOLhyphen"/>son,
that she be vertuous and fitted for our condition, yet I say <hi>ex abundanti,</hi>
that there are conveniences and advantages which are not contemptible, not
yet are so readily to be found in the marriage of other persons.</p>
                     <p>1. There is the advantage of a great and most perfect parity of condition
that is regularly to be expected.<note place="margin">83.</note> There is no upbraiding of Kinred, greatness
or weakness of fortune occasion'd by the difference of elder or younger Bro<g ref="char:EOLhyphen"/>ther;
(for this being in all families is not a reproach to any) and here is the grea<g ref="char:EOLhyphen"/>test
probability of a similitude of passions, humors and affections, and they that
have experience in oeconomical affairs know that these things are not contem<g ref="char:EOLhyphen"/>ptible.</p>
                     <p>2. It is observable that when God intended to bless a family and a Nati<g ref="char:EOLhyphen"/>on,<note place="margin">84.</note>
there he permitted, and in some cases commanded the marriage of Cosen
Germans, as in the families of Israel. And although it was lawful for one tribe
to marry into another, as appears in <hi>David</hi> who married <hi>Michol Saul</hi>'s daughter
of the tribe of <hi>Benjamin;</hi> and the Benjamitish families were restored by the in<g ref="char:EOLhyphen"/>termarriages
of the other tribes after that sad war about the Levits concubine;
and <hi>Hillel</hi> the Pharisee was of the tribe of <hi>Benjamin</hi> by his Father, and of <hi>Ju<g ref="char:EOLhyphen"/>dah</hi>
by his Mother, yet this was done so seldome, that it was almost thought not
lawful; but the most general practice was to marry in their own neerer Kin<g ref="char:EOLhyphen"/>red,
in their own tribe.</p>
                     <p>3. In the case of the <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap> or Heiresses it was commanded both in
the Hebrew and in the Attick laws that Cosen Germans should marry,<note place="margin">85.</note> lest
the inheritance should goe from the family; of which I have already given an
account; but now I onely observe the reasonableness and advantage. S. <hi>Au<g ref="char:EOLhyphen"/>stin</hi>'s
[<hi>largiùs sparge amicitias</hi>] is nothing; for when any considerable advan<g ref="char:EOLhyphen"/>tage
is to be done, certainly our own are to to be preferred before strangers.
And the same also is true in proportion, when any one of the family is passio<g ref="char:EOLhyphen"/>nately
and to pious purposes in love with his Cosen.</p>
                     <p>4. In the case of an Aunts Daughter to be married to her Cosen by her
Mothers Brother,<note place="margin">86.</note> there is this advantage to be gotten to the female side;
she preserves her Fathers name in her own issue, which she had lost in her
own person and marriage.</p>
                     <p>5. In the accidents of houshold conversation,<note place="margin">87.</note> and in the satieties of a Hus<g ref="char:EOLhyphen"/>bands
love, the stock of Kinred comes in by way of auxiliary forces to establish
a declining or tempted love: and they understood this well, who made it an
objection against the marriage of Kinred, lest the love being upon two accounts
should be too violent, as <hi>Aristotle</hi> in the second book of his Politicks, seems to
intimate. But I suppose that they who are concerned in such marriages, will
not fear the objection; but they have reason to value the advantage.
<pb n="318" facs="tcp:58903:188"/>
                        <q>—dum pietas geminato crescit amore<note place="margin">
                              <gap reason="illegible" resp="#TECH" extent="1 word">
                                 <desc>〈◊〉</desc>
                              </gap>. 10 Met.</note>
                        </q>
while the marital love is supported with the cognation.</p>
                     <p>6. S. <hi>Augustins</hi> argument is to me highly considerable.<note place="margin">88.</note> 
                        <q>
                           <hi>Fuit anti<g ref="char:EOLhyphen"/>quis
patribus religiosae curae,</hi>
                           <note place="margin">Lib. 15. c. 16. de civis. Dei.</note> 
                           <hi>ne ipsa propinquitas se paulatim propaginum ordinibus
dirimens longius abiret, &amp; propinquitas esse desisteret, eam nondum longè positum
rursus matrimonii vinculo colligare, &amp; quodammodo revocare fugientem.</hi>
                        </q> The
dearness of Kinred will quickly wear out, and Cosens will too soon grow
strangers, therefore the Patriarchs had a religious care to recall the propin<g ref="char:EOLhyphen"/>quity
which was dividing and separating too fast; and as it were, to bind it
by the ties of marriage, and recall it when it was flying away. And indeed
there is no greater stability to a family, no greater band to conjugal affecti<g ref="char:EOLhyphen"/>ons
then the marriage of Cosens.</p>
                     <p>I should now speak no more to this question,<note place="margin">89.</note> but that I have often met
with a trifling objection concerning which I could never find any reasonable
pretence, or ground of probability to warrant it. Second Cosens may not
marry, but are expressly forbidden, therefore much rather first Cosens though
they be not nam'd. To this I answer that I never knew the marriage of se<g ref="char:EOLhyphen"/>cond
Cosens forbidden, but by them who at the same time forbad the mar<g ref="char:EOLhyphen"/>riage
of the first: and indeed I have searched and cannot fixe my eye upon
any thing that I can imagine to be the ground of the fancy: therefore I can
say no more to it; but that the law of God does not forbid either, nor the
laws of our Church or State, nor the laws of Nature or Nations, or right
reason, but these marriages have advantages in all these. And we find that
<hi>Isaac</hi> married his second Cosen, and that was more for it then ever could be
said against it. <hi>Abraham</hi> was careful and <hi>Rebeccah</hi> was careful that their chil<g ref="char:EOLhyphen"/>dren
respectively should marry within their own Kinred: for it so was design'd
because those families were to be greatly and specially blessed; and they cal<g ref="char:EOLhyphen"/>led
one another into the participation of it. I conclude this question with
as much warranty to the marriage of Cosen Germans as can derive from the
Premises; they may without scruple own it, and say
<q>Viderit amplexûs aliquis laudabimur ambo.</q>
I know no other pretences of any instance obliging Christians, derived
onely from the Judicial law. These two doe not oblige; and there<g ref="char:EOLhyphen"/>fore
the Rule is true in its direct affirmation.</p>
                  </div>
                  <div n="4" type="rule">
                     <head>RULE 4. The ten Commandements of Moses, commonly
called the Moral law, is not a perfect digest of
the law of Nature.</head>
                     <p>
                        <note place="margin">1.</note> THE Jews in their Cabala say that the law of God was made before the
creation of the World two thousand yeers and written in black burnt let<g ref="char:EOLhyphen"/>ters
on the back side of a bright shining fire; according to that of <hi>David, Thy
word is a lanthern unto my feet, and a light unto my paths.</hi> Their meaning is,
(for under Phantastick expressions they sometimes intended to represent a ma<g ref="char:EOLhyphen"/>terial
<pb n="319" facs="tcp:58903:188"/>
truth) that the Decalogue or their Systeme of Moral precepts was no<g ref="char:EOLhyphen"/>thing
but an <hi>express</hi> or the Tables of the law of Nature; long before <hi>Moses</hi>
time given and practis'd by their Fathers. But this was not a perfect Systeme;
it was the best that ever was since <hi>Adam</hi> brake the Tables of the Natural law
and let sin and weak principles into the world; and it was sufficient in the
present constitution of the world; but even this also was but like a Paedagogue
to bring us to Christ. In the Scholes of <hi>Moses</hi> they practised the first rudi<g ref="char:EOLhyphen"/>ments
of perfection; but Christ was the last and therefore the most perfect
Lawgiver; and they that did commence under <hi>Moses</hi> the servant of God,
were to proceed under Jesus Christ the son of God: and therefore the Apo<g ref="char:EOLhyphen"/>stle
calls Christ <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>:<note place="margin">Rom. 7. 1<gap reason="illegible" resp="#TECH" extent="1 letter">
                              <desc>•</desc>
                           </gap>.</note> and if we will acknowledge Christ to be our
lawgiver, and the Gospel to be his law, called in the New Testament, <hi>The law
of liberty, a Royal law;</hi> then we must expect that our duty shall be further ex<g ref="char:EOLhyphen"/>tended
then to a conformity in our lives to the ten words of <hi>Moses.</hi>
                     </p>
                     <p>I doe not here intend a dispute whether Christ hath given us laws of
which neither before <hi>Moses</hi> nor since there are no footsteps <hi>in the Old Testament;</hi>
                        <note place="margin">2.</note>
for I think there are none such, but in the letter or in the analogy they were
taught and recommended before: but this I say; that some excellencies and
perfections of morality were by Christ superadded in the very instances of
the Decalogue; these also were bound upon us with greater severity, are in<g ref="char:EOLhyphen"/>deared
to us by special promises, and we by proper aides are inabled to their
performance; and the old commandements are explicated by new commen<g ref="char:EOLhyphen"/>taries,
and are made to be laws in new instances to which by <hi>Moses</hi> they were
not obliged; and some of those excellent sayings which are respersed in the
old Testament, and which are the dawnings of the Evangelical light, are now
part of that body of light which derives from the Son of righteousness: inso<g ref="char:EOLhyphen"/>much
that a commandement which was given of old, was given again in new
manner, and to new purposes, and in more eminent degrees; and therefore
is also called a new commandement.<note place="margin">1 Job. 2. 7,<gap reason="illegible" resp="#TECH" extent="1 letter">
                              <desc>•</desc>
                           </gap>.</note> Thus the conversation Evangelical is
called an old Commandement and a new one. So that in the whole this will
amount to the same thing as if they were new Commandements. I will
not therefore trouble this article with those artificial Nothings; or en<g ref="char:EOLhyphen"/>deavour
to force any man to say Christ hath given us new Commandements;
but this I suppose to be very evident; That we are by Jesus Christ oblig'd to
doe many things to which the law of <hi>Moses</hi> did not oblige the sons of Israel:
but whether this was by a new Imposition, or a new explication of the old, it
matters not, save that some men will be humor'd in their own manner of speak<g ref="char:EOLhyphen"/>ing.</p>
                     <p>I give an instance;<note place="margin">3.</note> The Christians are obliged to love their Brethren,
and their Neighbours: The Jews were so too: but Christ commanded us to
love those whom the Jews did not call Brethren or Neighbours; even all that
have the same Nature, even all that are in calamity. For to the question ask'd
by the Pharisees, and who is our Neighbour? Christ answer'd by the Parable
of him that fell among the Thieves: He that is in need is our neighbour. The
Jews understood this to mean nothing but one of the same Nation or Religion,
the rest they hated. Here then is a new duty; to which the Jews in the same
latitude and in the same expressions were not bound by the Decalogue; and
this is as much as a new Commandement: for it is new to me if it imposes a
new duty. So if God forbids incest: and by it onely means the conjunction
of Parents and children, if afterwards he commands us to abstain from Bro<g ref="char:EOLhyphen"/>ther
and Sister, Uncles and Aunts; this is a new law under the old words.<note place="margin">Levit. 19. 1<gap reason="illegible" resp="#TECH" extent="1 letter">
                              <desc>•</desc>
                           </gap>.</note> The
<pb n="320" facs="tcp:58903:189"/>
Jews might hate their enemies; but Christians have none, that is, they have
none whom they are to repute such by a legal account. The seven Nations
in Palestine were legally and properly to be accounted Enemies; but to Chri<g ref="char:EOLhyphen"/>stians
all are to be esteemed as Brethren in some account or other; <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>,<note place="margin">Hierocles.</note>
To a good man no man is enemy: So that by alteration of the
subject matter, the old law is become new, that is, we have a new law. <hi>Lex
vetus amorem docet in proximos,</hi>
                        <note place="margin">Tertul.</note> 
                        <hi>nova in extraneos.</hi> The old law teaches love
to Neighbours, the new to strangers, that is, to such whom the Jews called
so; but yet the Christians are to treat as Neighbours. For that is a duty to
us which was not so to them; and we may perish for omitting that, to which
they were not obliged so much as under the pain of a legal impurity.</p>
                     <p>But not onely in the object of our duty;<note place="margin">4.</note> but in the expression and signi<g ref="char:EOLhyphen"/>fication
of action Christ is a New lawgiver. They and we are bound to love
our Brethren; but the precept of love did not bind them to what we are
bound:<note place="margin">1 John. 3. 16.</note> We must die for our Brethren; and of this we have an express com<g ref="char:EOLhyphen"/>mandement,
which it is certain they had not;<note place="margin">Job. 15. 12, 13.</note> and no sign of it in their Mo<g ref="char:EOLhyphen"/>ral
law. And it is not the same words, but the same intension of duty that
makes the same law. The Jews were bound to love their wives; but an easi<g ref="char:EOLhyphen"/>ness
of divorce did consist with that duty exacted by that law, but it will not
doe so in ours. Now as in moral actions a degree alters the kind; so it is in
laws; for every new degree of duty that is requir'd supposes a new authori<g ref="char:EOLhyphen"/>ty
or a new Sanction to inferre it; for the same law does not in one age <hi>directly</hi>
permit an action, and in another forbid it; it does not reward that person
which in another it will condemne.</p>
                     <p>But I adde other instances.<note place="margin">5.</note> If Repentance be a precept, and not one<g ref="char:EOLhyphen"/>ly
a privilege; it is certain that in the Gospel there is a precept which was
not permitted, much less injoin'd; for this obedience supposes Christ to be our
Redeemer in Nature before he is our lawgiver, and therefore that it could be
no part of their Moral law. But Repentance is not properly and primarily
a law of Nature; for though it was the first action of religion that we find was
done in the world, yet it is such a one as supposes Nature lapsed; and therefore
at the most can be but adopted into the law of Nature: but yet because it is
as much a part of the law of Nature, as Restitution is a part of Natural Justice,
this instance is not altogether an improper illustration of this Rule.</p>
                     <p>But there are also many things for which provisions are made in the law
of Nature;<note place="margin">6.</note> for which there is no caution in the Decalogue. I instance in the
matter of incest; and if any man will reduce it to the fifth Commandement,
it is certain he must then suppose, onely the mixture of parents and children to
be, and that of Brother and Sister not to be incestuous; for these cannot come
under the Title of Father and Mother; and if it be refer'd to the seventh Com<g ref="char:EOLhyphen"/>mandement
it will be as improper as to suppose jeering to be forbidden in the
sixth. I could adde that there being but two affirmative precepts in the Deca<g ref="char:EOLhyphen"/>logue,
there is no caution against sins of omission in any other instances.</p>
                     <p>I will not instance in those precepts which relate to our B. Lord himself,<note place="margin">7.</note>
and are superinduc'd by Christianity upon the law of Nature; such as are
[<hi>faith in Jesus Christ, hope of eternal life, fraternal correption, avoiding scan<g ref="char:EOLhyphen"/>dal,
custody of the tongue in many instances, the Sacraments, to stand fast in
Christian liberty, searching the Scriptures, humility, mortification, bearing the
<pb n="321" facs="tcp:58903:189"/>
infirmities of the weak</hi>] and many more; all which proclaime Christ to be our
lawgiver; but doe not properly denore the imperfection of the Decalogue as
it is a Systeme of the laws of Nature.</p>
                     <p>But I adde from the very stock of Nature many others.<note place="margin">8.</note> For though by
the Decalogue we are forbidden to doe evil, yet we are not commanded to doe
good: and that is a material consideration; and cannot by way of reducti<g ref="char:EOLhyphen"/>on
be brought hither: because they are wholly different things, and are
the effects of several reasons, and to be incouraged by distinct promises or
immunities respectively, and are not consequent to each other. For the sons
of Israel and all the world are bound to doe evil to no man, but are not
bound to doe good to every man: The first is possible, the second is not: and
the Jews never understood that they were bound to give almes by the sixth
Commandement: and in Nature the obligation to doe good is upon a posi<g ref="char:EOLhyphen"/>tive
account; as the obligation it self is. Of the same Nature is Gratitude,
readiness to help a man in need, to keep a secret intrusted to us, to performe
promises: all which are of greater concernment to mankind then to be intru<g ref="char:EOLhyphen"/>sted
onely to analogies, uncertain inferences and secret corollaries, and yet for
these there is no provision made in the ten commandements.</p>
                     <p>Neither can this measure of the Decalogue be reprov'd by saying that
all these laws of Nature,<note place="margin">9.</note> and all the laws of Christ may be reduc'd to the
Decalogue. I know it is said so very commonly, and the Casuists doe com<g ref="char:EOLhyphen"/>monly
use that Method, that the explication of the Decalogue be the Summe
of all their Moral Theology; but how insufficiently, the foregoing instan<g ref="char:EOLhyphen"/>ces
doe sufficiently demonstrate: and therefore how inartificially will also
appear in the violence and convulsions that must needs be used to draw all
these dissonancies into one center. I remember that <hi>Tertullian</hi> (I suppose to
try his wit) finds all the Decalogue in the Commandement which God gave
to <hi>Adam</hi> to abstain from the forbidden fruit.<note place="margin">Lib. adv. Jud.</note> 
                        <hi>In hac enim lege Adae data omnia
praecepta condita recognoscimus, quae postea pullulaverunt data per Mosen.</hi> And
just so may all the laws of Nature and of Christ be found in the Decalogue,
as the Decalogue can be found in the precept given to <hi>Adam:</hi> but then also
they might be found in the first Commandement of the Decalogue, and then
what need had there been of ten? It is therefore more then probable that this
was intended as a digest of all those moral laws in which God would expect
and exact their obedience; leaving the perfection and consummation of all
unto the time of the Gospel: God intending by several portions of the Eter<g ref="char:EOLhyphen"/>nal
or Natural law to bring the world to that perfection from whence Man<g ref="char:EOLhyphen"/>kind
by sin did fall; and by Christ to inlarge this Natural law to a similitude
and conformity to God himself as far as our infirmities can bear. It was very
well said of <hi>Tertullian, Intelligimus Dei legem etiam ante Moysen; nec in Oreb
tantum,</hi>
                        <note place="margin">Ibid.</note> 
                        <hi>aut in Sina &amp; in Eremo primum, sed antiquiorem, primum in Paradyso, post
Patriarchis, atque ita ex Judaeis certis temporibus reformatam: ut non jam ad
Moysi legem ita attendamus, quasi ad principalem legem, sed ad subsequentem quam
certo tempore Deus &amp; gentibus exhibuit, &amp; repromissa per Prophetas in melius re<g ref="char:EOLhyphen"/>formavit.</hi>
The law of God was before <hi>Moses,</hi> neither given in <hi>Horeb</hi> nor in <hi>Si<g ref="char:EOLhyphen"/>nai,</hi>
in the wilderness [nor in the land] but first given in Paradise; afterwards
to the Patriarchs, and then being reformed it was given to the Jews: so that
we are not to look after <hi>Moses</hi> law as the principal, but to the law that comes
after the law of <hi>Moses,</hi> which being promised by the Prophets God in the ful<g ref="char:EOLhyphen"/>ness
of time gave unto the Gentiles in the times of reformation.</p>
                     <p>
                        <pb n="322" facs="tcp:58903:190"/>
The effects of this Rule in order to Conscience are these:<note place="margin">10.</note>
                     </p>
                     <p>1. That we acknowledge Christ to be our Lord and Master,<note place="margin">1.</note> our lawgiver
and our Teacher.</p>
                     <p>2. That we understand the ten Commandements according to his Com<g ref="char:EOLhyphen"/>mentary.<note place="margin">2.</note>
                     </p>
                     <p>3. That the Customes,<note place="margin">3.</note> explications, glosses, and usages of the Jews may
not be the limit of our practice.</p>
                     <p>4. That we expect not justification by our conformity to the Decalogue.<note place="margin">4.</note>
                     </p>
                     <p>5. That we endeavour to goe on to perfection;<note place="margin">5.</note> not according to the pat<g ref="char:EOLhyphen"/>tern
which <hi>Moses,</hi> but which Christ shewed in the Mount.</p>
                     <p>6. That we doe not reckon any Systeme of the Natural law,<note place="margin">6.</note> but the books
of the New Testament.</p>
                     <p>7. That we doe not esteem it sufficient for us to live according to Nature
(as the expression is commonly used) but that we live according to Grace,<note place="margin">7.</note> that
is, the measures of reformed Nature. For in this sense these words of <hi>Justin
Martyr</hi> are true and useful, <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>, <hi>To
live according to Nature is the ornament or praise of one that is yet an Unbeliever:</hi>
meaning that the Disciples of Jesus must doe more. For according as the
world growes in age, so also it is instructed in wise notices; and it must pass
on to glory by all the measures and progressions of grace; and all that law
by which we live in all the periods of the world is nothing else but the several
degrees and promotions of the law of Nature. For children are governed
by one measure and young men by another, and old men still by a more perfect;
and yet the whole is nothing else but right reason drawn into laws, and that
which fits our Nature bound upon us by the decree of God: some laws fit
our Natures as they are common to us and beasts: some fit us as we are next
to Angels; and some fit us as we are design'd to immortality, and the fruition
of God: and the laws of Nature do grow as our Natures doe. And as we
see is in matters of speculation, those principles enter into us, or are drawn from
their hidden places, in our age of which we had no sign in our youth; and
when we are children we admire at those things and call those discourses deep
and excellent which when we are grown up we are asham'd of as being igno<g ref="char:EOLhyphen"/>rant
and pitiful. So it is in our manners, and so it is in our practical notices;
they all grow till they arrive at their state and period: but because the Eter<g ref="char:EOLhyphen"/>nal
laws of God, that is, those laws which are not fi<gap reason="illegible" resp="#TECH" extent="1 letter">
                           <desc>•</desc>
                        </gap>ted to times and persons
and relations, but to the Nature of man, that is, to all Mankind, intend to
bring us to God and to all that perfection of which we are capable; therefore
it is that they also must increase according to the growth of Nature: when
therefore the Nature of man was rude and in its infancy, God drew out of
the Eternal fountain but a few of these Natural laws: but he still superadded
more as the world did need them, and at the last by his Son, who by his incar<g ref="char:EOLhyphen"/>nation
hath adorn'd our Nature with a robe of glory, hath drawn out all those
by which we are to converse with God and men in the best and greatest Enter<g ref="char:EOLhyphen"/>courses:
that he might enable our Nature to dispositions proper and immedi<g ref="char:EOLhyphen"/>ate
to a state of glory. Not but that they all were potentially in the bowels of
the great Commandements; but that God did not by any Prophets or Law<g ref="char:EOLhyphen"/>givers
draw them all forth, till the great day of reformation, at the Revela<g ref="char:EOLhyphen"/>tion
of the Son of God.<note place="margin">Lib. 4. c. 26. in princip.</note> But in this the sentence of <hi>Irenaeus</hi> is wise and
full. <hi>Consummata vitae praecepta in utroque Testamento cùm sint eadem, eun<g ref="char:EOLhyphen"/>dem
ostenderunt Deum qui particularia quidem praecepta apta utrisque praeceptis,
sed eminentiora &amp; summa, sine quibus salvari non potest, in utroque eadem sua<g ref="char:EOLhyphen"/>sit.</hi>
The precepts of perfect life are the same in both Testaments, and doe
<pb n="323" facs="tcp:58903:190"/>
demonstrate the same God of both; who indeed hath given severally several
instances of Commandements; but the more eminent and the chief, without
which salvation is not to be had, are the same in Both. Meaning, that there
are the same general lines of Religion, and of Justice in the old and in the new;
but the special and particular precepts are severally instanc'd by Christ and
<hi>Moses.</hi>
                     </p>
                  </div>
                  <div n="5" type="rule">
                     <head>RULE 5. All the explications of the Moral law which are
found in the Prophets and other holy writers of
the Old Testament, are to be accounted as parts
of the Moral law, and equally obliging the
Conscience.</head>
                     <p>HE that will explicate the Mosaick law according to the perfections of the
Gospel,<note place="margin">1.</note> does expound the words of a child by the Senses and deepest
policies of a witty man. I have seen some parts of <hi>Virgil</hi> chang'd into impure
Fescennines; and I have also seen them chang'd into the sense and stile of the
Gospel; but <hi>Virgil</hi> intended neither, though his words were capable of both;
and yet the way to understand <hi>Virgil</hi> is by the Commentaries of men of his
own time, or Nation, or learned in the language and customes of the Romans.
So it is in the Decalogue of <hi>Moses.</hi> If Christians understand it by all the seve<g ref="char:EOLhyphen"/>rities
and inlarged notices of the Gospel, they accuse their own Commenta<g ref="char:EOLhyphen"/>ry
as too large, or the practice of the Jews who never obeyed them at that rate;
and therefore all those wilde reductions of all good and bad to that measure is
of no good use, but it is full of error, and may have some ill effects; of which
I have already given caution: but then because they may be explicated and can
admit a commentary, as all laws doe beyond their letter; there is nothing more
reasonable, then that the commentaries or additional explications of their own
Prophets and Holy men, and the usages of their Nation be taken into the sa<g ref="char:EOLhyphen"/>credness
of the text and the limits of the Commandement.</p>
                     <p>Thus when God had said,<note place="margin">2.</note> 
                        <hi>Thou shalt doe no murder;</hi> when <hi>Moses</hi> in ano<g ref="char:EOLhyphen"/>ther
place addes these words, <hi>Thou shalt not hate thy Brother in thy heart; nor be
mindful of an injury:</hi>
                        <note place="margin">Lev. 19. 17, 18<g ref="char:punc">▪</g>
                        </note> this is to be supposed to be intended by God in the Com<g ref="char:EOLhyphen"/>mandement;
and to be a just commentary to the text, and therefore part of
the Moral law. When they were commanded to worship the God of Israel
and no other: this was to be understood according to <hi>Davids</hi> commentary;
and when he had composed forms of prayer to God, to pray to him was to
be suppos'd to be a duty of the Commandement. God commanded that
they should <hi>honour Father and Mother,</hi> which appellative when <hi>Moses</hi> and the
Holy Writers of the Old Testament had given to Princes and Magistrates, and
had in another place expressly commanded obedience to them, it is tohe sup<g ref="char:EOLhyphen"/>posed
that this is an explication of the fifth Commandement.</p>
                     <p>This also is to be extended further,<note place="margin">3.</note> and by the sayings of the Prophets
they could understand what things were permitted by <hi>Moses,</hi> which yet God
<pb n="324" facs="tcp:58903:191"/>
loved not: and that the Commandement had a further purpose then their u<g ref="char:EOLhyphen"/>sages
would endure: and though (as our Blessed Lord afterward express'd)
<hi>Moses</hi> permitted divorces for the hardness of their heart; yet that from the be<g ref="char:EOLhyphen"/>ginning
it was not so, and that greater piety was intended in the Commande<g ref="char:EOLhyphen"/>ment
they were sufficiently taught by the Gloss which God himself inserted
and published by the Prophet <hi>Hosea, I hate putting away.</hi> In this and all other
cases the Natural reasonableness of things, Natural justice, and Essential piety,
and the first institution of them were the best indications of these effects which
such sayings of the Prophets and other Holy Men ought to have in the enlarge<g ref="char:EOLhyphen"/>ment
of the Moral law, or restraint of privileges and liberties.</p>
                     <p>The use of this Rule in order to the Government of Conscience is to
describe of what usefulness in our religion,<note place="margin">4.</note> and what influence in our lives is
the Old Testament; all the Moral precepts which are particulars of the Natu<g ref="char:EOLhyphen"/>ral
law or universal Reason are either explications of the Decalogue or pre<g ref="char:EOLhyphen"/>cepts
Evangelical, by which the old Prophets did <hi>prepare the way of our Lord,
and make his paths strait.</hi> It is the same religion theirs and ours as to the Mo<g ref="char:EOLhyphen"/>ral
part: intending glory to the same God by the same principles of prime
reason, differing onely in the clarity and obscurity of the promises or Motives
of Obed<gap reason="illegible" resp="#TECH" extent="1 letter">
                           <desc>•</desc>
                        </gap>ence, and in the particular instances of the general laws, and in the
degrees of duties spiritual: but in both, God intended to bring Mankind to
Eternal glories by religion or the Spiritual worshippings of one God, by ju<g ref="char:EOLhyphen"/>stice
and sobriety, that is, by such waies as Naturally we need for our Natural
and perfective being even in this World. Now in these things the Pro<g ref="char:EOLhyphen"/>phets
are preachers of righteousness, and we may refresh our souls at those
rivulets springing from the wells of life, but we must fill and bath our
selves <hi>in fontibus salvatoris</hi> in the fountains of our Blessed Saviour: for he
hath anointed our heads, prepar'd a table for us, and made our cup to overflow
and <hi>of his fulness we have all received, Grace for Grace.</hi>
                     </p>
                     <p>But this is at no hand to be extended to those prohibitions or reprehensi<g ref="char:EOLhyphen"/>ons
of their prevarications of any of the signal precepts of religion,<note place="margin">5.</note> by
which as themselves were distinguish'd from other Nations, so God would
be glorified in them. For sometimes the Prophets represented the anger of
God in a ceremonial instance: when either they sin'd with a high hand in that
instance, that is, with despite and contempt of the Divine Commandement,
or when the Ceremony had a mixture of morality, or when it was one of the
distinctions of the Nation, and consignation of them to be the people of
God. But this will be reduc'd to practice by the next Rule.</p>
                  </div>
                  <div n="6" type="rule">
                     <head>RULE 6. Every thing in the Decalogue is not obligatory to
Christians, is not a portion of the Moral or Na<g ref="char:EOLhyphen"/>tural
law.</head>
                     <p>WHen <hi>Moses</hi> deliver'd the ten Commandements to the people,<note place="margin">1.</note> he did
not tell them in order which was second, which was fifth: and upon
this account they have been severally divided as men did please to fancy. I
<pb n="325" facs="tcp:58903:191"/>
shall not clog these annotations with enumerating the several waies of dividing
them; but that which relates to the present inquiry is whether or no the pro<g ref="char:EOLhyphen"/>hibition
of graven images be a portion of the first Commandement; so as
that nothing is intended but that it be a part or explication of that: and that it
contain in it onely the duty of confessing one God, and entertaining no other
Deity viz. so that images become not an idol, or the final object of our worship
as a God; and therefore that images are onely forbidden as <hi>Dii alieni,</hi> not as
the representations of this one God, and they are capable of any worship but
that which is proper to God: or else it is a distinct Commandement; and for<g ref="char:EOLhyphen"/>bids
the having, or making, and worshipping any images with any kind of
religious worship. These are the several effects which are design'd by the dif<g ref="char:EOLhyphen"/>fering
divisions of the first Table; I will not now examine whether they cer<g ref="char:EOLhyphen"/>tainly
follow from their premises and presuppositions; but consider what is
right, and what follows from thence in order to the integrating <hi>The Rule of
Conscience.</hi> That those two first Commandements are but one was the do<g ref="char:EOLhyphen"/>ctrine
of <hi>Philo</hi> the Jew (at lest it is said so) who making the Preface to be a
distinct Commandement; reckons this to be the second; <hi>Deos sculptiles non
facies tibi, nec facies omne abhominamentum Solis &amp; Lunae, nec omnium quae sunt
supra terram, nec eorum quae repunt in aquis, Ego sum Deus Dominus tuus Zelotes, &amp;c.</hi>
And the same was followed by <hi>Athanasius,</hi>
                        <note place="margin">Synops. Scripr. tom. 2<g ref="char:punc">▪</g>
                        </note> 
                        <hi>This book hath these ten Commande<g ref="char:EOLhyphen"/>ments
in Tables; The first is</hi> 
                        <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>
                        <hi>I am the Lord thy God: The second, thou
shalt not make an idol to thy self, nor the likeness of any thing:</hi> and this division
was usual in S. <hi>Cyrils</hi> time who brings in <hi>Julian</hi> thus accounting them.<note place="margin">L. 5. contr. Jul.</note> 
                        <hi>I am the
Lord thy God which brought thee out of the land of Egypt: The second after this:
Non erunt tibi Dii alieni praeter me, non facies tibi simulacrum, &amp;c.</hi> and the same
way is followed by S. <hi>Jerome</hi> and <hi>Hesychius:</hi>
                        <note place="margin">In c. 10. Hos. In 26. Levit.</note> These make the introduction
to be one of the Commandements; and those which we call the first and the
second to be the second onely.</p>
                     <p>Of the same opinion as to the uniting of these two is <hi>Clemens Alexan<g ref="char:EOLhyphen"/>drinus;</hi>
                        <note place="margin">2.</note>
and S. <hi>Austin,</hi>
                        <note place="margin">L. 6. strom.</note> 
                        <hi>Et revera quod dictum est, Non erunt tibi Dii alieni, hoc
ipsum perfectiùs explicatur, cùm prohibentur colenda figmenta.</hi>
                        <note place="margin">Qu. 71. in Ex.</note> The prohibition
of images is a more perfect explication of those words, <hi>Thou shalt have no
other Gods but me.</hi> To the same sense <hi>Ven. Bede</hi>
                        <note n="a" place="margin">In 20. Exod.</note>, S. <hi>Bernard,</hi>
                        <note n="b" place="margin">Sup. salv. Reg.</note>, the [Ordinary
Gloss, <hi>Lyra, Hugo Cardinalis] Lombard,</hi> the Church of <hi>Rome,</hi> and almost all
the Lutheran Churches do divide the Decalogue.</p>
                     <p>On the other side these are made to be two distinct Commandements by
the Chaldee Paraphrast (<hi>in c.</hi> 20. <hi>Exod.</hi>
                        <note place="margin">3.</note>) and by <hi>Josephus;</hi>
                        <note place="margin">L. 3. Antiq. c. 4.</note> 
                        <hi>Primum praeceptum
Deum esse unum, &amp; hunc solum colendum. Secundum, nullius animalis simulachrum
adorandum.</hi>
                        <note place="margin">L. 3. hom. 8. in Exod. In Carm.</note> And these are followed by <hi>Origen, Gregory Nazianzen</hi> [S. <hi>Am<g ref="char:EOLhyphen"/>brose,</hi>
and S. <hi>Hierom</hi>
                        <note n="*" place="margin">In 6. Ephes<g ref="char:punc">▪</g>
                        </note>] even against his opinion express'd in another place, S.
<hi>Chrysostom,</hi> S. <hi>Austin,</hi> or whosoever is the Author of the Questions of the old
and New Testaments, <hi>Sulpitius Severus, Zonaras;</hi> and admitted as probable
by <hi>Ven. Bede:</hi> but followed earnestly by all the Churches that follow <hi>Calvin;</hi>
and by the other Protestants not Lutherans.</p>
                     <p>In this great contrariety of opinion that which I choose to follow is the
way of the Church of <hi>England,</hi>
                        <note place="margin">4.</note> which as it hath the greater and more certain
authority from Antiquity, so it hath much the greater reasonableness. For
when God had commanded the worship of himself alone excluding all false
Gods: In the next words he was pleas'd also to forbid them to worship him
in that manner by which all the Gods of the Nations were worshipped, which
<pb n="326" facs="tcp:58903:192"/>
was, by images: insomuch that their images were called Gods, not that they
thought them so; but that the worshipping of false Gods, and worshipping
by images were by the idolaters ever join'd. Now this being a different thing
from the other: one regarding the object, the other the manner of worship
it is highly reasonable to beleeve that they make two Commandements.<note place="margin">2.</note> 2.
God would not be worshipped by an image, because none could be made o<gap reason="illegible" resp="#TECH" extent="1 letter">
                           <desc>•</desc>
                        </gap>
him; and therefore it is remarkable that God did duplicate his caution against
images of him, by adding this reason to his precept, <hi>Remember that ye saw no shape,
but onely heard a voice:</hi> which as it was a direct design of God that they might
not make an image of him, and so worship him as the idolaters did their false
Gods, so it did indirectly at least intimate to them, that <hi>God would be worship<g ref="char:EOLhyphen"/>ped
in spirit and truth,</hi> that is, not with a lying image: as every image of
<gap reason="illegible" resp="#TECH" extent="1 letter">
                           <desc>•</desc>
                        </gap>im <gap reason="illegible" resp="#TECH" extent="2 letters">
                           <desc>••</desc>
                        </gap>ust needs be: for it can have no truth when a finite body represents
an infinite Spirit. And this is most likely to be thus: because this being a
<hi>certain digest</hi> of the law of Nature, in it the Natural Religion and worship
of God was to be commanded, and therefore that it should be spiritual and
true, that is, not with false imaginations and corporal representment, was to
be the matter of a Commandement.<note place="margin">3.</note> 3. Since the first Table did so descend
to particulars as by a distinct precept to appoint the day of his worship: it is
not unlikely that the essential and Natural manner of doing it should also be
distinctly provided for, since the circumstantial was: but that could not be at
all, if it was a portion of the first Commandement: for then the sense of
it must be according to the first intention, that images should not become
our Gods.<note place="margin">4.</note> 4. The Heathens did not suppose their images to be their
Gods, but representments of their Gods, and therefore it is not so likely
that God should by way of caution so explicate the first Commandement;
when there was no danger of doing any such thing; unless they should be
stark mad,<note place="margin">5.</note> or fools and without understanding. 5. When God forbad them
to make and worship the likeness of any thing in heaven and earth; he suffi<g ref="char:EOLhyphen"/>ciently
declar'd that his meaning was to forbid <hi>that manner</hi> of worshipping not
<hi>that Object;</hi> for by saying it was <hi>the likeness of something</hi> it declar'd that this
likeness could not be the Object of their worshipping; for because it is the
image of a thing, therefore it is not the thing they worship'd; and it cannot be
suppos'd of a man that he can make the image of the Sun to be his God, when
he makes that image of the Sun, because he thinks the Sun is the most excellent
thing. When therefore in the first Commandement he had forbidden them
to acknowledge the Sun, or any thing else but himself to be God; In the next
he forbids the worshipping himself or any thing else by an image. But of
this I shall speak more afterwards; because it relates to the moral duty.</p>
                     <p>But I observe that all those Modernes who confound these two Com<g ref="char:EOLhyphen"/>mandements
have not that pretence which the Ancients had;<note place="margin">5.</note> and have quit<g ref="char:EOLhyphen"/>ted
all that by which such confusion could have been in any sence tolerable.
For <hi>Philo</hi> and those Ancients who followed him; reckon the first Comman<g ref="char:EOLhyphen"/>dement
to be; [<hi>I am the Lord thy God, &amp;c.</hi>] by which God would be acknow<g ref="char:EOLhyphen"/>ledged
to be the Lord: and the second did forbid <hi>any other besides him.</hi> So
that there might be some appearance of reason to make the first Commande<g ref="char:EOLhyphen"/>ment
affirmative, and the second Negative; The first to declare who is
God; The second to forbid Polytheisme, The first to declare his <hi>Entity;</hi>
the second to publish his <hi>Unity:</hi> The first to ingage their duty to him who had
so lately endear'd them by freedom from captivity: The second to forbid the
adopting the Gods of the Nations with whom they were not to converse.
<pb n="327" facs="tcp:58903:192"/>
I confess that these reasons are not sufficient; for they multiply where there
is no need; and make a division without difference; and leave all those peri<g ref="char:EOLhyphen"/>ods
which are about images to be of no use, no signification; and concerning
their own practice and religion in the matter of images, though it is certain
they wholly deriv'd it from the Commandement, yet they take no notice of a<g ref="char:EOLhyphen"/>ny
warrant at all deriv'd from thence; but supposing that they did make the
division for these reasons, and that these reasons were good, yet all the Mo<g ref="char:EOLhyphen"/>dernes
quit all this pretension; and allow but three Commandements to the
first Table, and divide the second into seven; to effect which they make two
Commandements against Concupiscence: concerning which I will not say
they might have reckon'd more according to the multiplication of the objects;
four as well as two: but this I say, as it is wholly without necessity, and very
destitute of any probability; so it is done against the very order of words.
For although <hi>Moses</hi> in <hi>Deuteronomy</hi> reckons the Concupiscence of the wife first,
yet in <hi>Exodus,</hi> which is the copy of the Decalogue as it was given, <hi>Moses</hi> rec<g ref="char:EOLhyphen"/>kons
the Concupiscence of the house first: So that the ninth Commande<g ref="char:EOLhyphen"/>ment
lies in the body of the tenth; and the tenth lies part of it before the
ninth, and part of it after: which is a prejudice against it greater then can be
outweigh'd by any or all the pretences which are or can be made for it: espe<g ref="char:EOLhyphen"/>cially
since by the opinions of the Roman Doctors, these two cannot as they
lie here make two objects: for to covet another mans wife, is the same as to
covet another mans servant, that is, as a possession; for multitude of wives
was great riches, and the peculiar of Princes, as appears in <hi>Nathans</hi> upbraid<g ref="char:EOLhyphen"/>ing
<hi>David,</hi> and the case of <hi>Solomon:</hi> but to covet the wife <hi>propter libidinem</hi>
is forbidden by the seventh Commandement, as the Roman Doctors teach, and
under that they handle it. Therefore the wife, and the servant and the beast
of another man being here forbidden to be desir'd as matter of Covetousness
make but one object, and consequently but one Commandement: and if be<g ref="char:EOLhyphen"/>cause
a difference can be fancied, the wife and the house make two objects:
then the servant makes a third: for a house differs from a wife no more then a
servant from a house, the use of these is as different as of those and can make
as distinct objects of appetite and desire; and therefore either they all must
make but one Commandement, or they must make more then two.</p>
                     <p>But the Church of <hi>Rome</hi> and the Lutherans have several interests,<note place="margin">6.</note> for
other reasons they have none in so doing. The Church of <hi>Rome</hi> confounds
the two Commandements, lest the worshipping of images should appear to be
forbidden. For if it be a distinct Commandement which forbids the wor<g ref="char:EOLhyphen"/>ship
of images; then because all false objects of worship are sufficiently for<g ref="char:EOLhyphen"/>bidden
in the first; it will not be a competent answer to say, we doe not wor<g ref="char:EOLhyphen"/>ship
images as Gods, we doe not make idols of them; for to worship any
thing as God is not forbidden in the second Commandement, but in the
first: but therefore lest the second Commandement should signifie nothing,
it follows, that the taking of images into religion, or the worshipping
God whether true or false by an image is there forbidden. But if these
two Commandements were one, then they suppose, that this of forbid<g ref="char:EOLhyphen"/>ding
images being a pursuance of the prohibition of having any other Gods,
expounds it self onely to mean, the making images to be God, which
because they doe not; they hope to stand upright in the Scrutiny con<g ref="char:EOLhyphen"/>cerning
this Commandement.</p>
                     <p>But to this I return this account:<note place="margin">7.</note> That although it be certain that if
<pb n="328" facs="tcp:58903:193"/>
these Commandements be divided, it will follow that this manner of Religion
by image-worship, is particularly forbidden as a false manner of worshipping
and consequently is upon no pretence to be introduc'd into religion; yet if
we should suppose them to be but one Commandement, it will not follow
that images are not forbidden to be us'd in religious worshippings. For if
God forbad them to make <hi>Deos sculptiles,</hi> Engraven Gods, that is, to wor<g ref="char:EOLhyphen"/>ship
such Gods as may be depicted or engraven, such as the Sun and Moon,
<hi>Apis</hi> and <hi>Jupiter;</hi> the oxe of Egypt or the fire of <hi>Persia;</hi> then by the same
reason we conclude that <hi>Deus sculptilis</hi> is no God, and therefore to make the
God of Israel to be a God depicted or engraven does dishonour and depress
him to the manner of an idol. For therefore in the Decalogue recited by
<hi>Philo</hi> and in the sense of all the Ancients; the reason against making an en<g ref="char:EOLhyphen"/>graven
God is, <hi>Ego sum Deus tuus Zelotes,</hi> I am thy God, I am thy Jealous
God; that is, I who cannot be represented by such vanities, I am thy God,
but they are not, who can. * Adde to this; that since the Doctors of the
Roman Church make the Decalogue to be the fountain of all Moral Theo<g ref="char:EOLhyphen"/>logy
and by that method describe all cases of Conscience; it is necessary that
they take into the body and obligation of every Commandement not onely
what is express'd in the letter and first signification, but the <hi>Species,</hi> the relati<g ref="char:EOLhyphen"/>ons,
the similitudes, the occasions, any thing that is like the prohibition, and
concerning which we cannot tell whether it be or no; and upon this account
if they can retain images or think to honour God by the use and worshipping
of them; they may be confident of any thing, and may as well use some pol<g ref="char:EOLhyphen"/>lutions
of the flesh, as such pollutions of idols.</p>
                     <p>But there is also more in it then thus.<note place="margin">8.</note> For although it is usually supposed
by learned persons, that <hi>Philo</hi> the Jew, <hi>Athanasius,</hi> S. <hi>Hierom,</hi> and S. <hi>Austin</hi> are
of opinion that the two Commandements are not to be divided, but are all one:
yet if we look into their sayings we shall find them to have other effects then
they suppose. For they making the Preface to be the first Commandement,
[<hi>I am the Lord thy God which brought thee out of the land of Egypt</hi>] doe suppose
that the object of Religion and Divine worship is sufficiently declar'd in that
they think the same of that as all other men doe of the following words:
[<hi>Thou shalt have no otber Gods but me</hi>] viz. That God proposing himself as
their God, whom onely they were to worship, did by that sufficiently exclude
the worship of all false Gods, or giving Divine worship to any thing besides
himself: So that when the object is sufficiently provided for as it is in the first
Commandement however it be computed, the former arguments will return
upon them, and it will be most probable that the next provision be made for
the manner of the Divine worship; and then the use of images in religion and
the Religious worship of them will be by a necessary and immediate conse<g ref="char:EOLhyphen"/>quent
forbidden: for the forbidding <hi>Deos sculptiles:</hi> forbids not onely other
Gods; but forbids them with that reason and demonstration. They that
can be ingraven or painted are no Gods, and therefore images and false Gods
are equally forbidden, where ever an image is join'd to a God, there is a false
God, or no true God: for an image and the true God are inconsistent. So
that where ever there are two Commandements before that of taking Gods
Name in vain, as it is amongst all the Ancients (<hi>Clemens Alexandrinus</hi> onely
excepted) there it is most likely that the first provides for <hi>the object</hi> of Divine
worship <hi>affirmatively,</hi> and the second for the <hi>manner negatively:</hi> and the effect
of this will be, that they are in their Division of the Decalogue almost wholly
destitute of authority or warrant from the Ancients, for they all make four
<pb n="329" facs="tcp:58903:193"/>
Commandements in the first Table, at least; The Jews usually indeed did
reckon five: taking in that of honouring our Parents, but they alwayes made
that of the Sabbath to be the fourth; by all which it must needs be, that they
must lie under the same objection which they would fain avoid: and though
they confound those two which we usually now reckon the two first; yet be<g ref="char:EOLhyphen"/>cause
the Jews and ancient Christians who reckon'd otherwise did account
one Commandement to the same purpose as we reckon the first; that which
follows can never be prov'd to mean any thing but a prohibition of that man<g ref="char:EOLhyphen"/>ner
of Divine worship by images; for it implies that to worship God by an
image, is to worship an idol: an image of God when it is worshipped is an
idol, for neither can the true God have an image, neither will he be worship<g ref="char:EOLhyphen"/>ped
by an image. Now though this will not at all concerne the images of
Saints, but onely the worship of God by an image, yet even this also when
they think this image worship shall be a worshipping and honouring of God
indirectly, and an act pleasing to him, will come under this Commandement,
as certainly and more apparently then fornication or intemperance shall come
under the sixth or seventh; whither their Doctors usually reduce them.</p>
                     <p>This thing more I am willing to adde concerning the division of the De<g ref="char:EOLhyphen"/>calogue:<note place="margin">9.</note>
That when the Ancients did reckon the preface or introduction to
be the first Commandement; it is not certain that they put the words of
[<hi>Thou shalt have no other Gods but me</hi>] to the Second: For as for <hi>Philo,</hi> he
does not recite them at all, but reckons the second otherwise then it is in <hi>Moses</hi>
books, and it is not certain how he thought in this question to him that well
considers his copy of the Decalogue. For he thus begins [I am the Lord
thy God who brought thee out of the land of Egypt. Thou shalt not make
any graven Gods to thy self: nor any abhomination of Sun and Moon: nor
of any thing that is on the earth, or that creeps in the waters: I am thy Lord,
the jealous God, &amp;c.] Now in this which is first and which is second is plain
enough though <hi>Philo</hi> does not number them: but whether the words of that
which we call the first Commandement, by him are understood in the first
or in the second does not hence appear. But then for S. <hi>Athanasius</hi> whom the
adversaries reckon theirs, the case is yet clearer against them: for [I am the
Lord thy God] he reckons to be the first, omitting all that which follows
until the second Commandement: but the second he plainly and perfectly rec<g ref="char:EOLhyphen"/>kons
as we doe, [<hi>Thou shalt not make to thy self an idol, or graven image, nor
the likeness of any thing</hi>] So that it is probable, He begins the first Comman<g ref="char:EOLhyphen"/>dement
with the Preface: but it is certain he reckons the second as we doe.
S. <hi>Hierome</hi> and S. <hi>Austin</hi> are pretended for them<g ref="char:punc">▪</g> but they also testifie against
them, and against themselves by an uncertain and contradictory sentence (as I
have shewed:) indeed the Apostate <hi>Julian</hi> is much more for them and does
confound those which we call the two Commandements, but yet reckons one
before them, just as <hi>Philo:</hi> so that excepting <hi>Julian</hi> there will be found in an<g ref="char:EOLhyphen"/>tiquity,
<hi>Vel duo vel nemo,</hi> scarce one or two that is on their side. However a<g ref="char:EOLhyphen"/>gainst
them there is a great authority and very great probabilities of reason: of
which in the following periods, I shall adde a more full account: In the mean
time as the Church of <hi>Rome</hi> is destitute of any just ground of their man<g ref="char:EOLhyphen"/>ner
of dividing the Ten Commandements, so they will find it will not serve
that interest they have design'd.</p>
                     <p>But then for the Lutheran Churches they have indeed as little reason for
their division,<note place="margin">10.</note> and a much less interest and necessity to serve and to provide for.
<pb n="330" facs="tcp:58903:194"/>
They therefore thrust the second into the first: lest it should be Unlawful to
make, or to have Pictures or images; for they still keep them in their Chur<g ref="char:EOLhyphen"/>ches,
and are fearful to be aspersed with a crime forbidden in the second Com<g ref="char:EOLhyphen"/>mandement;
they keep them I say, but for Memory onely, not for worship
or direct Religion. But in this they are more afraid then hurt. For suppose
the second Commandement to be distinct and wholly against images and their
worship; yet every thing in the Commandement is not Moral, though the
Commandement it self be. For God was pleas'd to appoint such temporary
instruments of a Moral duty as were fitted to the necessities of that people;
but such instruments were but like temporary supporters; plac'd there but till
the building could stand alone. But whether this clause of having or making
images be refer'd to the first or to the second Commandement, it is all one.
If to the first, it means that therefore they are not to be made by them, lest
they become the object of Divine worship. If to the second, then they were
not to be made lest they become instruments of a false manner of the Divine
worship: but in both, the prohibition is but Relative, as appears in the
Parallel places of <hi>Levit.</hi> 19. v. 4. But especially <hi>Levit.</hi> 26. v. 1. <hi>Ye shall
make ye no idols, nor graven image, neither rear ye up a standing image, neither
shall ye set up any image of stone in your land [to bow down unto it] for I am
the Lord your God:</hi> by which it is plain that the prohibition is not terminated
on the image but referring to religion; and is of the same Nature as the for<g ref="char:EOLhyphen"/>bidding
them to converse with idolaters, or to make marriages with them;
which God himself express'd to be lest they learn their evil customs; and
all the reason of the world tells us, that such clauses whose whole reason is
relative and instrumental, may be supplied by other instruments, and the rea<g ref="char:EOLhyphen"/>son
of them or their necessity may cease, and consequently there can be no
part of a Natural law, whose reason without a Miracle and the change of Na<g ref="char:EOLhyphen"/>ture
can never alter. So that this fear of theirs being useless, they may with<g ref="char:EOLhyphen"/>out
prejudice and interest follow that which is more reasonable. And this was
sufficiently indicated by the act and words of God himself who gave order for
the brazen serpent to be made,<note place="margin">Vid. Manasseh Be<gap reason="illegible" resp="#TECH" extent="1 letter">
                              <desc>•</desc>
                           </gap> lsrael in Concil. q 30. &amp; Tertul. l. 2. contr. Marcion. c. 12. Gab. Vasquez. disp. 104. c. 6.</note> and the images or rather Hieroglyphicks * of
Cherubim to be set over the propitiatory; which it is not to be supposed he
would have done if it had been against his own Eternal law: He suffered them
not to worship them; but to make them; to show that this was not against
the Moral part of the Commandement, though that was: and the Ark
could endure the five golden Mice and the five golden hemorrhoids because
though they were images yet they were not idols, that is, were not intended
for worship: but because Dagon was, it fell before the Ark; that could not be
suffer'd: and in <hi>Solomon</hi>'s Temple beside the pomegranates and other image<g ref="char:EOLhyphen"/>ry,
there were twelve brasen bulls; but they were not intended for worship,
and therefore it was free to the Jews to use them or not: but the calves of
<hi>Dan</hi> and <hi>Bethel</hi> because they were <hi>fusiles Dei,</hi> graven images us'd in Divine
worship were an abhomination: and upon the shekel of the Sanctuary was
impress'd the image of <hi>Aarons</hi> rod and a pot of Manna, or thurible: it was
lawful while there was no danger of worshipping them.</p>
                     <p>This then is the first instance of the Rule:<note place="margin">11.</note> The having or making of
images though it be forbidden to the Jews in the second Commandement, yet
it is not unlawful to Christians. But of this I shall say more in the following
periods.</p>
                     <p>Now concerning the Religion of images,<note place="margin">12.</note> that is, worshipping God by
them directly or indirectly; whether that be lawful to Christians; although
<pb n="331" facs="tcp:58903:194"/>
I have sufficiently declar'd the negative already, by reproving the great ground
of that practice, I mean, the thrusting the two Commandements together,
and have proved that they ought not to be so confounded; or if they ought,
yet that the worship of images is not concluded from thence to be lawful or
permitted, yet I hope it will be neither useless nor unpleasant if I determine this
case upon its proper grounds, in these two inquiries? 1. Whether it
be lawful to make a Picture or image of God? 2. Whether it be law<g ref="char:EOLhyphen"/>ful
to worship God by a picture?</p>
                     <p>
                        <hi>Quest.</hi>
                     </p>
                     <p>WHether it be lawful to make a picture or image of God?</p>
                     <p>I answer negatively:<note place="margin">13.</note> and that upon the plain words of God in <hi>Deuterono<g ref="char:EOLhyphen"/>my</hi>
which upon the account of the fifth Rule are to be accounted as an expli<g ref="char:EOLhyphen"/>cation
of the Moral law, and therefore obligatory to Christians: as relating
to the matter of the Commandement, giving a Natural reason for a Natural
duty, and pursuing that with argument which before he had established with
authority, and writing that in the Tables of the heart which at first he deli<g ref="char:EOLhyphen"/>ver'd
to <hi>Moses</hi> in Tables of stone.<note place="margin">Deut 4 15. 16.</note> 
                        <hi>Take ye therefore good heed unto your selves,
for ye saw no manner of similitude, in the day when the Lord spake unto you in
mount Horeb out of the midst of the fire: lest ye corrupt your selves and make
you a graven image, the similitude of any figure, the likeness of male or female,
&amp;c.</hi> Now why did God so earnestly remind them that they saw no image, but
because he would not have them make any of him. And this is frequently
press'd by God in that manner which shewes it not onely to be impious to
doe it against his Commandement, but foolish and impossible and against all
Natural reason.<note place="margin">Isai. 40. 18.</note> 
                        <hi>To whom will ye liken God? or what likeness will ye compare
unto him?</hi> said God by the Prophet. Meaning that there is none, there
can be none, and you may as well measure Eternity with a span, and graspe an
infinite in the palm of your hand, as draw the circles and depict him that hath
no colour or figure, no parts nor body, no accidents nor visibility. And this
S. <hi>Paul</hi> argued out of <hi>Aratus.</hi>
                        <q>
                           <gap reason="foreign">
                              <desc>〈 in non-Latin alphabet 〉</desc>
                           </gap>.</q>
                        <hi>We are his ofspring:</hi> that is, we are made after his image and similitude;
Christ is the Prototype, and we are efformed after his image who is <hi>the first-born
of all Creatures:</hi> Man is made after the likeness of God; Not man in
his body; but Man in his soul, in his will and powers of choice, in his under<g ref="char:EOLhyphen"/>standing
and powers of discerning, in his memory, and powers of recording,
and he that cannot make the image of a will, or by a graven image repre<g ref="char:EOLhyphen"/>sent
the understanding of a man, must never hope to make any thing like
God: there is no way to doe that, but to make a man; and that although it
be but an imperfect image of God, yet an image it is, and the best that
is upon the earth.<note place="margin">Acts. 17. 29.</note> But now from hence the Apostle argues, <hi>For<g ref="char:EOLhyphen"/>asmuch
then as we are the ofspring of God, we ought not to think that the Godhead
is like unto gold, or silver, or stone graven by art, and mans device:</hi> If the invisi<g ref="char:EOLhyphen"/>ble,
inexpressible part of man is the image of God, and we are his sons by
Creation expressing in our Souls some little things of his infinite perfection,
it cannot be supposed that this image can make an image like God; and if it
cannot be like him; it is not to be made for him; for nothing is more unlike
him then a lie. The Athenians were dull people and knew not how to answer
S. <hi>Pauls</hi> argument; but we are now adaies taught to escape from this. For it
<pb n="332" facs="tcp:58903:195"/>
is said, that it is true; Gods essence cannot be depicted or engraven; but
such representations by which he hath been pleas'd to communicate notices of
himself, can as well be describ'd with a pencil as with a Pen, and as well set
down so that ideots may read and understand as well as the learned Clerks.
Now because God was pleas'd to appear to <hi>Daniel</hi> like the Ancient of dayes,
and the Holy Ghost in the shape of a Dove, and Christ in the form of a man,
these representations may be depicted and describ'd by images without dispa<g ref="char:EOLhyphen"/>ragement
to the Divinity of God.</p>
                     <p>To these I give these answers;<note place="margin">14.</note> First the vision of <hi>Daniel</hi> seeing the
ancient of daies, tells of no shape, nothing like an old man: but by that
Phrase did seem to signifie the Eternal God; he tells of a head and hair like
<hi>pure wooll,</hi> that is, pure and white, one of the Synonyma of light or bright<g ref="char:EOLhyphen"/>ness,
like that of his garment, <hi>like snow; his wheels were a burning fire, his throne
a fiery flame;</hi> that is in effect, when <hi>Daniel</hi> was asleep he had a vision or
Phantasme in his head: where he had a representment of the Eternal God, in
a circumfusion and a great union of light and glory, which he when he was a<g ref="char:EOLhyphen"/>wake
express'd by metaphors imperfectly telling, what phantasme that was
in which he perceiv'd the representment and communication of God; that is,
he there set down the shadow of a dream of a bright shining cloud: for the
metaphor is a shadow, and his vision was a dream, and what he dreamt he saw
was but the investiture of God; like as when God by his Angel went in a
cloud of fire before the sons of Israel, nay, not so much, for that was really
so, this but a Prophetick extasie in his sleep: the images of which are but ve<g ref="char:EOLhyphen"/>ry
unfit to establish a part of Divine worship, and an article of practice, against
Natural reason and the letter of a Commandement. But, 2. I demand,
whether did <hi>Daniel</hi> see the eternal God then or no? If he did not, then at the
most it was but an angel of light in the place of God: and then this can ne<g ref="char:EOLhyphen"/>ver
inferre the lawfulness of making any image of God, for it was onely
Gods Angel, or a globe of glory instead of God and not God that appear'd
in his own person. But if it be said he did see God, it apparently contradicts
the Scripture:<note place="margin">1 Tim. 6. 15, 16.</note> 
                        <hi>No man hath seen God at any time:</hi> and again, The eternal God
<hi>whom no man hath seen or can see.</hi> The issue then is this, <hi>Daniel</hi> did not see
God the Father, neither could he: Therefore God the Father was not re<g ref="char:EOLhyphen"/>presented
to him by any visible species: therefore neither can we by any help
or authority from this dream. And it is not sufficient to say, that though <hi>Da<g ref="char:EOLhyphen"/>niel</hi>
did not see Gods essence, yet he saw the representment: for he did not
see any representment of God; he did not see God by any thing that express'd
his person: for as for essences, no man can see the essence of a Bee, or a Bird:
but sees it by some proper representment, but yet by that representment he
properly and truly sees the bird: but <hi>Daniel</hi> did no way see Gods person or
Nature, not so much as by any phantasme or image: an Angel of light, or
the brightness of an Angel he might dream of in the extasie: but in no sense
could he be said to see God, except onely by his Angel or Embassador. So that
when it is said, <hi>No man can see God,</hi> it cannot be meant, that Gods essence can
not be seen; for this had said no great matter: for no essence can be seen, but
it must mean that God <hi>dwells in an inaccessible light whither no man can approach</hi>
out of which he will send no emissions of representment or visibility; for if
he had so done at any time, or would doe at all; it were not true, that <hi>no man
had seen him, or could see him:</hi> for if he had communicated himself personally
in any representment or visibility, then he had been seen, and in that instance
and at that time he were not the invisible God. 3. Suppose <hi>Daniels</hi> vision
<pb n="333" facs="tcp:58903:195"/>
had been of God himself; yet as it was done to him by special <gap reason="illegible" resp="#TECH" extent="1 letter">
                           <desc>•</desc>
                        </gap>avour so it
was for a special purpose; it was for a design of Prophecy and to declare fu<g ref="char:EOLhyphen"/>ture
events in the matters of warre and peace; not to establish a practice pre<g ref="char:EOLhyphen"/>judicial
to a Commandement: and it is strange that a vision or nights dream
express'd by way of rapture and clouds of Metaphor, communicated to one
man, signifying uncertainly, told imperfectly after the manner of raptures
and prophetick extasies, intended to very distant purposes, never so extended
by his own Nation or us'd to any such end, should yet prevail with Christi<g ref="char:EOLhyphen"/>ans
(who are or ought to be infinitely remov'd from such a childish Religion,
and baby tricks) more then an express Commandement, and Natural and es<g ref="char:EOLhyphen"/>sential
reason, and the practise both of all the Jews and the best Christians.
There is nothing in the world though never so bad, but by witty and resolved
men may have more colours laid upon it to set it out, then this can from this
pretension.<note place="margin">4.</note> 4. The vision it self if it were express'd in picture as it is set
down, would be a most strange production of art, and a horrid representation
of Nature; and unless something were suppos'd which is not express'd, it
would be a strange new Nothing. For [the Ancient of dayes] does by no
violence signifie an old man; for it being a representment of Eternity, is the
worst of all express'd by an old man; for that which is old is ready to van<gap reason="illegible" resp="#TECH" extent="1 letter">
                           <desc>•</desc>
                        </gap>sh
away; and nothing is more contrary to eternity. Again, here is no mention
of the appearance of a man. There is indeed mention of a <hi>head,</hi> but neither
of Man nor beast, bird nor fly express'd: and hair like pure wool, but in what
it is <hi>like</hi> excepting onely the purity is not told, nor can be imagined: after this
there is nothing but <hi>a throne of flames</hi> and <hi>wheels of fire,</hi> and all this together
would make a strange image, a Metaphor to express eternity, a head of I
know not what light without substance, visibility without a figure, a top with<g ref="char:EOLhyphen"/>out
a bottom, the whiteness of wool instead of the substance of hair, and
a seat upon wheels and all in flames and fire: that it should ever enter into the
head or heart of an instructed man to think that the great, the immense, the
invisible, the infinite God of heaven, that fills heaven and earth and hell should
be represented in image or picture by such a thing, by such a nothing is as
strange and prodigious as the combination of all the daughters of fear and sleep
and ignorance,<note place="margin">5.</note> 5. After this vision of <hi>Daniel</hi> it was in the Church of the
Jews esteemed as unlawful as ever to make an image of God; and by this
the primitive Christians did not beleeve a warrant or confidence could be ta<g ref="char:EOLhyphen"/>ken
to doe any thing of that Nature: and they that now adaies think other<g ref="char:EOLhyphen"/>wise
have a new understanding and a new religion, defying a Commandement
and walking by a dream; and are such whom a precept cannot draw, but they
follow what they understand not, and what was not intended to conduct their
religion, but to signifie onely the events and great changes of the world.<note place="margin">6.</note>
6. If because mention is made of <hi>the Antient of dayes</hi> in <hi>Daniel,</hi> it were
lawful to picture God like an old man; we might as well make a door
and say it is Christ, or a vine and call it our Master, or a thief and call it
the day of judgement: a Metaphorical or Mystical expression may be the vail
of a mysterious truth, but cannot pass into a sign and signification of it: it
self may become an hieroglyphick when it is painted, but not an image which
is a <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap> and the most proper representation of any thing that can
be seen and is not present. They that paint a child to signifie Eternity doe it
better then they who by an old man signifie him that can be no older to mor<g ref="char:EOLhyphen"/>row
then he was yesterday. But by this I onely intend to note the im<g ref="char:EOLhyphen"/>prudence
and undecency of the thing: the unlawfulness is upon other ac<g ref="char:EOLhyphen"/>counts
which I have reckon'd.</p>
                     <p>
                        <pb n="334" facs="tcp:58903:196"/>
Concerning the humanity of our B. Saviour,<note place="margin">15.</note> that being a creature he
might be depicted, I mean it was naturally capable of it: it was the great in<g ref="char:EOLhyphen"/>strument
of many actions, it convers'd with mankind above thirty years to<g ref="char:EOLhyphen"/>gether,
it was the subject of great changes, and the matter of a long story,
and the conduit of many excellent instructions, and therefore might without
all question be described as well as <hi>Cesar</hi>'s or <hi>Meletius, Marc Anthony</hi> or the
Kings of the Gentiles. It might be done: and the question being here onely
of the making or having of it, abstractedly from all other appendages or col<g ref="char:EOLhyphen"/>lateral
considerations, I need say no more of it under this title; but that it is
neither impious nor unreasonable of it self to have or to make the picture or
image of Christs Humanity, or rather of his humane Body. For against
this there is neither reason nor religion, and if it be made accidentally unlaw<g ref="char:EOLhyphen"/>ful
that is not of present consideration.</p>
                     <p>But for the usual image of the Holy Ghost in the forme of a dove the
pretence is great and fairer;<note place="margin">16.</note> no less then the words of Scripture. For in this
instance that reason ceases for which God did prohibite the making of his
image; for here they did not onely hear a voice, but also they saw a shape;
for the Holy Ghost descended in the likeness of a dove: <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>:
<hi>in a bodily shape.</hi> So S. <hi>Luke.</hi> To this I answer, that the Holy Ghost did not
appear in the shape of a dove at all; but the dove mention'd in the story re<g ref="char:EOLhyphen"/>lates
only to the manner of his descending, and hovering over Christ. And
this 1.<note place="margin">1.</note> appears by the words in S. <hi>Matthew</hi> 
                        <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>,
He saw the Spirit of God [descending like a dove]
that is,<note place="margin">2.</note> as doves use to descend, hovering and overshadowing of him. 2. The
word <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>, which signifies an imperfect resemblance, or a limited similitude,
does not inferre the direct shape of a dove; but something of it; the motion or
the quantity, the hovering or the lighting, like that of his appearance on the day
of Pentecost;<note place="margin">Act. 2. 3.</note> cloven tongues <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>, as it were of fire; that is, some<g ref="char:EOLhyphen"/>thing
of it; to shine it may be but not to burn; to appear bright but not to
move.<note place="margin">3.</note> 3. This appears yet more plainly in the words of S. <hi>Luke,</hi> 
                        <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>.
The Holy Ghost
did descend in a bodily shape; as a dove upon him: where the [bodily shape]
cannot mean the bodily shape of a dove, for then it must have been <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>,
as of a dove, like that of the <hi>Acts,</hi> 
                        <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>; but it must wholly
be referred to <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>: he descended as a dove uses to doe: but then for
<gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap> the bodily shape, it was nothing but a body of light; the
greatest visibility, called by the Apostle, <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>, <hi>the excellent
Glory:</hi>
                        <note place="margin">2 Pet. 1. 17.</note> which indeed was the usual investiture of Gods messengers in their ap<g ref="char:EOLhyphen"/>pearances
and visibilities: and that there appear'd a fire in <hi>Jordan</hi> at that time,
<hi>Justin Martyr</hi> against <hi>Tryphon</hi> the Jew affirmes expressly.<note place="margin">4.</note> 4. That this simi<g ref="char:EOLhyphen"/>litude
was relative to the motion or the manner of a doves descent is so much
the more probable because this acceptation and understanding of it is more
agreeable to the design and purpose of the Holy Ghost's descending. For
by [<hi>flying</hi>] the Jews did use in their Symbolical Theology to signifie, a Di<g ref="char:EOLhyphen"/>vine
influxe or inspiration saith Rabbi <hi>Jaccai</hi> upon the ninth of <hi>Daniel:</hi> This
descent therefore of the Holy Ghost in the manner of a doves flight signifies
the gift of the spirit of God to his holy Son; who received him not by mea<g ref="char:EOLhyphen"/>sures
but the fulness of him: and from his fulness we all receive our portions.</p>
                     <p>I cannot deny but that amongst learned men there is great difference of
apprehension concerning it;<note place="margin">17.</note> and the generality of men without examining it
<pb n="335" facs="tcp:58903:196"/>
suppose the H. Ghost to have descended being invested with the direct shape
of a Dove [<gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>, so <hi>Justin Martyr:</hi> for
he expresses the words otherwise then all the four Evangelists; they all say,
<gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>, meaning as a Dove descends; he changes the case and makes
it to be the shape or forme of a Dove: <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>, so Origen calls it<g ref="char:punc">▪</g>
the Phantasme or appearance of a bird; yet I will for the present suppose it
so; because the ancients did generally beleeve so: but then I answer to the
objection; That 1. although the Ancients did suppose it so; yet in the sixth
Councel, that at <hi>Constantinople</hi> Can. 83. it is expressly forbidden to depict
Christ like a Lamb, or the Holy Spirit like a Dove. 2. Suppose the fancy of
the Ancients to have some reality in it; yet it amounted to no more then this,
It was nothing but a light or fire effigiated into such a resemblance; or like
a bright cloud which represents strange figures imperfectly, any thing accord<g ref="char:EOLhyphen"/>ing
to the heart or fancy of them that behold it; and therefore is not so
imitable as if it were a direct and proper appearance: So the Gospel of
the Nazarens expresses it, <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>. Pre<g ref="char:EOLhyphen"/>sently
a great light did shine round about the place; and their appre<g ref="char:EOLhyphen"/>hension
of a dazeling light in such a resemblance is but an ill warrant to
make a standing figure and proper imagery.<note place="margin">2.</note> 2. <hi>Tertullian</hi> supposes it
was really and properly a very Dove indeed:<note place="margin">
                           <gap reason="illegible" resp="#TECH" extent="1 span">
                              <desc>〈…〉</desc>
                           </gap>
                        </note> and if so, the whole bu<g ref="char:EOLhyphen"/>siness
is at an end: for any Dove may be pictured; but the Holy
Ghost must not be pictur'd in that shape, though his errand and design
was ministred to by a Dove.<note place="margin">3.</note> 3. And that indeed is the proper and full
solution of this objection. Supposing that the shape of a Dove did appear,
yet this no way represented him, or was to be used as a sign of him; and
therefore it is observable when God had told the Baptist how he should
know the Messias, and that the Holy Ghost should consign and signifie him,<note place="margin">
                           <gap reason="illegible" resp="#TECH" extent="1 span">
                              <desc>〈…〉</desc>
                           </gap>
                        </note>
he makes no mention of a Dove; but of descending onely: not onely
plainly intimating that the mention of a Dove was for the similitude
of Motion not of shape, but also to signifie that the Holy Ghost himself was
not at all to be represented as a Dove. But then if there was the shape of a
Dove, as the Ancients suppose, it looks downwards not upwards; and was <gap reason="illegible" resp="#TECH" extent="1 letter">
                           <desc>•</desc>
                        </gap>
Symbol not to signifie any thing of the Divinity, or the personality of the Ho<g ref="char:EOLhyphen"/>ly
Spirit; but to signifie something in Christ, or in Christs body the Church, to
represent the excellency and sweetness of Christ and of the Church, his perfe<g ref="char:EOLhyphen"/>ction
and our duty, the state of his institution and of our religion, and so they
who thus teach of the apparition of a Dove,<note place="margin">I<gap reason="illegible" resp="#TECH" extent="2 letters">
                              <desc>••</desc>
                           </gap>. 42. 2, <gap reason="illegible" resp="#TECH" extent="2 letters">
                              <desc>••</desc>
                           </gap>.</note> express the Symbol. The Dove
was to represent that great meekness which was in Christ, and which he would
insert into his institution as no small part of a Christians duty: which our B.
Saviour was pleas'd also to express in the same similitude, [<hi>be as harmless as
Doves.</hi>]<note place="margin">Luke 9. <gap reason="illegible" resp="#TECH" extent="2 letters">
                              <desc>••</desc>
                           </gap>
                        </note> 
                        <hi>Philo</hi> saies that in the Jewes Discipline a Dove signifies <hi>Wisedome.</hi>
that is, a good, a wise, a Gentile, and Debonaire comportment, not the
severity of retirement and a Philosophical life, but of a civil, sweet, and ob<g ref="char:EOLhyphen"/>liging
conversation. Some say that this Dove did relate to that Dove which si<g ref="char:EOLhyphen"/>gnified
to <hi>Noah</hi> by an olive branch of peace that God was again reconcil'd
to the world; and so did it please God to use the like Symbol when he
would signifie that reconcilement which was by Christ to be effected, and of
which the other was but a weak representment, and type, or figure. The world
was now also to be renewed at the appearance of this Dove. But because this
no way relates to the person or the Nature of the H. Ghost, it can no way hence
be inferred that the H. Ghost may be represented by an image. This apparition
if it was at all was Symbolical of something below, not representative of any
<pb n="336" facs="tcp:58903:197"/>
thing above: and in that sence and to that purpose I doe not doubt but it may
be lawful to make a picture of the dove that was seen, if I say, it was at all;
and of the fiery tongues sitting upon the Apostles; for these were not repre<g ref="char:EOLhyphen"/>sentative
of the Nature or person of the Holy Ghost but descriptive of the
impression that from the Holy Gost was made upon them: and of this Nature
is the expression of the Baptist. <hi>He shall baptize you with the Holy Ghost and
with fire;</hi> that is, from his baptisme, or by his immission you shall receive
graces and gifts whose effect is properly express'd by fire, which also shall be its
Symbol.</p>
                     <p>And after all this;<note place="margin">18.</note> if it should please God any person of the Blessed
and most holy Trinity should appear in any visible shape; that shape might be
depicted; of that shape an image might be made; I mean, it might naturally;
it might if it were done for lawful ends, and unless a Commandement were
to the contrary; and therefore so long as God keeps himself within the secret
recesses of his sanctuary, and the Majesty of his invisibility, so long it is
plain he intends the very first sense and words of his Commandement: but
if he should cancel the great reason of his Commandement; and make
that by an act of his own to become possible which in the Nature of things is
impossible, that is, that an image can be made of God; I should beleeve that
God did intend to dispense in that part of the Commandement, and declare
that he intended it onely for a temporary band: For if the reason of the com<g ref="char:EOLhyphen"/>mandement
were taken away; either the Commandement also ceases to ob<g ref="char:EOLhyphen"/>lige;
or must be bound upon us by another reason, or a new Sanction, or at
lest a new declaration; or else it would follow that then his visible appearance
would become a snare to mankind. But because yet he hath not yet appear'd
visibly and hath by no figure or idea represented the Godhead; and that it is a
truth which must last as long as Christian Religion lasts, that <hi>No man can see
God,</hi> therefore it follows that it is at no hand lawful to make an image of God
or relating to the Divinity. If a Dove be made it must not be intended to
represent the Holy Ghost,<note n="*" place="margin">Si quis dicat quòd Spiritus S. in columba apparuit, &amp; Pater in Veteri Testamento sub aliquibus corpo<gap reason="illegible" resp="#TECH" extent="1 letter">
                              <desc>•</desc>
                           </gap>alibus for<g ref="char:EOLhyphen"/>m<gap reason="illegible" resp="#TECH" extent="2 letters">
                              <desc>••</desc>
                           </gap> ideoque possunt &amp; illi per imagines repraesentari; di<g ref="char:EOLhyphen"/>cendum quòd illae formae corporales, non fuerunt à Pa<g ref="char:EOLhyphen"/>tre vel Spiritu Sancto assumptae, &amp; ideò repraesentatio eorum per imagines, non est repraesentatio personae Divina; sed repraesentatio illius formae secundùm se. propterea non debetur ei aliqua reverentia sicut nec illis formis secundùm se. Nec illae formae fuerunt ad repraesentandas Divinas personas, sed ad repraesentandum effectus, quos Divinae perso<g ref="char:EOLhyphen"/>nae faciebant in rebus. Durand. in 3. Sent. Dist. 9 q. 2. n. 15.</note> for besides that
no Dove did appear, nor shape of a Dove, yet
if it did, it related not to the person of the Ho<g ref="char:EOLhyphen"/>ly
Ghost, but to the impression made upon
the person on whom the light descended: and
if the figure of the crucifixe be made, or of
Jesus in the flesh; it is wholly relative to the
Creature, not to him as God; for that is im<g ref="char:EOLhyphen"/>pious,
and unreasonable and impossible to be
done in any Natural proportion. And the like also is to be said of those expres<g ref="char:EOLhyphen"/>sions
in Scripture, of the <hi>hand of God,</hi> his <hi>eye,</hi> his <hi>arme;</hi> which words although
they are written yet they cannot, ought not to be painted: I doe not doubt
but it is lawful to paint or ingrave an eye or a hand; but not an eye or hand of
God, that is, we may not intend to represent God by such sculpture or picture;
because the Scripture does not speak them to that end; that by them we may
conceive any thing of God; for as <hi>Hesselius</hi> well notes, these and other like ex<g ref="char:EOLhyphen"/>pressions
are intended to represent some action of God:<note place="margin">Bibl. Vulg.</note> such as is that of <hi>Psal.</hi>
78. <hi>aliàs</hi> 77. <hi>vers.</hi> 65. who brings in God, <hi>excitatum tanquam dormientem, tan<g ref="char:EOLhyphen"/>quam
potentem crapulatum à circo:</hi> awaken'd out of sleep, and as a gyant refresh'd
[filled, gorged,] with wine: by which if any man shall represent God in pi<g ref="char:EOLhyphen"/>cture,
his saying, it may as well be painted as written, will not acquit him from
insufferable impiety.</p>
                     <p>Now this which I have discoursed is evidently according to the do<g ref="char:EOLhyphen"/>ctrine<note place="margin">19.</note>
                        <pb n="337" facs="tcp:58903:197"/>
and practice both of the Jews and primitive Christians. Concerning the
Jews <hi>Tacitus</hi> saies of them <hi>Mente solâ, unúm<expan>
                              <am>
                                 <g ref="char:abque"/>
                              </am>
                              <ex>que</ex>
                           </expan> numen intelligunt: profanos, qui Deum
imagines mortalibus materiis in species hominum effingunt.</hi>
                        <note place="margin">Idem <gap reason="illegible" resp="#TECH" extent="2 letters">
                              <desc>••</desc>
                           </gap>iam vi<g ref="char:EOLhyphen"/>dere est apud Diodo<gap reason="illegible" resp="#TECH" extent="1 letter">
                              <desc>•</desc>
                           </gap>. S<gap reason="illegible" resp="#TECH" extent="3 letters">
                              <desc>•••</desc>
                           </gap>l.</note> They acknowledge but
one Deity, whom they understand in their mind onely: esteeming all them to
be profane who efforme the images of their Gods of corruptible matter into the
shapes of men. And the testimony of S. <hi>Clemens</hi> of <hi>Alexandria</hi> is very full to
this purpose:<note place="margin">S<gap reason="illegible" resp="#TECH" extent="1 letter">
                              <desc>•</desc>
                           </gap>romat. 1.</note> 
                        <hi>Deum ex Mosis Disciplina nec hominis effigie, nec ullâ aliâ re reprae<g ref="char:EOLhyphen"/>sentari,</hi>
God by the law <hi>Moses</hi> was not to be represented in the shape of a man
or any other figure: and for the Christians that they also understood themselves
to be bound by the same law to the same religious abstaining from making ima<g ref="char:EOLhyphen"/>ges
of God is openly and generally taught by the Doctors of the Christian
Church for the four first ages together; as without scruple appears in the ex<g ref="char:EOLhyphen"/>press
words of <hi>Origen</hi>
                        <note n="a" place="margin">l. 7. con. Celi.</note>, <hi>Tertullian</hi>
                        <note n="b" place="margin">de coron. mil.</note>, <hi>Eusebius</hi>
                        <note n="c" place="margin">l. 1. c. 6. praep. Evang.</note>, <hi>Athanasius</hi>
                        <note n="d" place="margin">Orat. contra Gentes.</note>, S. <hi>Hierom</hi>
                        <note n="e" place="margin">in c. 40. Is<gap reason="illegible" resp="#TECH" extent="1 letter">
                              <desc>•</desc>
                           </gap>i.</note>, S. <hi>Austin</hi>
                        <note n="f" place="margin">de fide &amp; Symbol. c. 7.</note>,
<hi>Theodoret</hi>
                        <note n="g" place="margin">in Deut. q. 1.</note>, <hi>Damascen</hi>
                        <note n="h" place="margin">l. 4. de Orth. fide c 17.</note>, and the Synod of <hi>Constantinople</hi> as is reported in the sixth
action of the second <hi>Nicene Councel:</hi> the sense of all which together with his
own <hi>Polydore Virgil</hi>
                        <note n="i" place="margin">l. 2. c. 23. de invent.</note> thus represents; <hi>Cùm Deus ubi<expan>
                              <am>
                                 <g ref="char:abque"/>
                              </am>
                              <ex>que</ex>
                           </expan> praesens sit, nihil à principio
post homines natos stultius visum est, quàm ejus simulacrum pingere,</hi> Since the world
began never was any thing more foolish then to picture God who is present eve<g ref="char:EOLhyphen"/>ry
where: for this is (according to the sharp reproof of the Apostle) to change
the glory of the incorruptible God, into the similitude <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>
                        <note n="k" place="margin">Rom. 1. 23.</note>, so
it is in the Greek; into the similitude of an image of a corruptible man, and of
birds and beasts, &amp;c. then which words nothing can be plainer to condemn the
picturing God: a thing which the very Heathens did abhominate,
<q>
                           <l>Sed nulla effigies, simulachrá<expan>
                                 <am>
                                    <g ref="char:abque"/>
                                 </am>
                                 <ex>que</ex>
                              </expan> nota Deorum,</l>
                           <l>Majestate locum &amp; sacro implevere timore,</l>
                        </q>
said <hi>Silius Italicus</hi> of the Temple of <hi>Cadiz;</hi> they had no images, no pictures of
the Gods, but the house was fill'd with Majesty and a holy fear. And this they
did not of ignorance, nor of custom; but out of reason and wise discourse. When
<hi>Seneca</hi> intreated his friend <hi>Lucilius</hi> to make himself worthy of God, he tells him
how: <hi>Finget autem non auro, non argento: non potest ex hac materia imago Dei fingi
similis:</hi> Not with gold and silver; for of these an image like to God can never
be made. And therefore <hi>Tacitus</hi> saies of the Germans, that they <hi>nec cohibere pari<g ref="char:EOLhyphen"/>etibus
Deos, nec in ulla<g ref="char:cmbAbbrStroke">̄</g> humani oris speciem assimilare exagnitione coelestium arbitran<g ref="char:EOLhyphen"/>tur,</hi>
They think they doe not know the nature of the Gods, if they should thrust
them into walls, or depict them in the resemblance of a Man or woman; <hi>Nullum
simulacrum finxisse antiquitatem,</hi> said <hi>Macrobius;</hi> The old world never made an
image (meaning of God) <hi>Quia summus Deus natá<expan>
                              <am>
                                 <g ref="char:abque"/>
                              </am>
                              <ex>que</ex>
                           </expan> ex eo mens,</hi>
                        <note place="margin">L. 1. in Somn. Scip. c. 2.</note> 
                        <hi>sicut ultra animam
ita supra naturam sunt, quò nihil fas est de fabulis pervenire;</hi> because the supreme
God, and the mind that is borne of him, as it is beyond our Soul so it is beyond
all Nature, and it is not fit that fables and fictions should be addressed to him,
<q>
                           <l>Nulla auri effigies, nulla commissa metalla.</l>
                           <l>Forma Dei mentes habitare &amp; pectore gaudet.</l>
                        </q>
God dwells in minds and hearts of good men, not in images and metals.</p>
                     <p>The next question is of greater effect,<note place="margin">20.</note> and though the answer of it must needs
be concluded from the former, yet because it hath some considerations of its
own and proper arguments it is worth a short inquiry.</p>
                     <p>
                        <hi>Quest.</hi> Whether it be lawful for Christians to worship God by an image?</p>
                     <p>Concerning which the best ground of resolution is the Commandement;<note place="margin">21.</note>
which it is certain the Church of the Jews did understand so, that they accoun<g ref="char:EOLhyphen"/>ted
it idolatry to worship God in any image whatsoever; Thus the Israelites
were idolaters when they made the golden calf, for so they proclaim'd, <hi>These are
<pb n="338" facs="tcp:58903:198"/>
thy Gods ô Israel who brought thee out of the land of Egypt: and to morrow is a solem<g ref="char:EOLhyphen"/>nity
of Jehovah;</hi> said <hi>Aaron.</hi> The calf they intended as an image of their God
and by it they intended to worship him,<note place="margin">In c. 7. Acts.</note> which is not improbable saies <hi>Bellar<g ref="char:EOLhyphen"/>mine;</hi>
which is certainly true said <hi>Ferus:</hi> and which is affirm'd by the Spirit of
God; <hi>they chang'd their glory into the similitude of a calf that eateth hay:</hi> that is,
they represented God who was their glory, by a golden calf; And concerning
<hi>Micah</hi> though his Mother made an image,<note place="margin">Judg. 17.</note> yet that it was for the worshipping
of the God of Israel appears in all the story; for upon this account he hoped
that the Lord would bless him, he took a Levite for his Priest, he asked councel
of the Lord; yet these also he called his Gods which were but the images of
God, by which it appears he was an idolater because he worshipped the true God
by an image, which he had forbidden. The same was the case of <hi>Gideon</hi> who
made a Covenant with them that God should be their King, yet he made an E<g ref="char:EOLhyphen"/>phod;
that is, instituted a forbidden service to him; which thing became a snare
to his house; and being a prevarication of this Commandement, was in its
Nature an idolatrous worship; and yet it was but a superstitious or false wor<g ref="char:EOLhyphen"/>ship
of the true God:<note place="margin">Ep. 31. ad Val.</note> And this is affirm'd by the Christian Doctors. <hi>Non vult
Deus in lapidibus coli,</hi> said S. <hi>Ambrose,</hi> God will not be worshipped in stones or
graven images:<note place="margin">119. ep. ad Januar.</note> and S. <hi>Austin</hi> affirmes that God in this Commandement did
prohibit, <hi>nè quis colat ullam imaginem Dei nisi unam eandem quae cum ipso est Chri<g ref="char:EOLhyphen"/>stus:</hi>
that we should worship no image of God but him that is the lively image
of his person, that is, Jesus Christ: and this is so affirmd by all the Fathers, so
confirm'd by the doctrine and practice of the Church, so adher'd to by all the
Doctors of the Jews, that <hi>Vasquez</hi> finds himself constrain'd to confess, <hi>clarè de<g ref="char:EOLhyphen"/>ducitur,
non licuisse tum verum Deum in aliqua imagine venerari:</hi> it is clearly con<g ref="char:EOLhyphen"/>sequent,
that then it was not lawful to worship the true God in any image or re<g ref="char:EOLhyphen"/>presentment.</p>
                     <p>But it is said,<note place="margin">22.</note> that though it was not then, yet now it is: for that was only
a temporary precept, relative to the Jews because of their proneness to idolatry.
So <hi>Catharinas</hi> affimes,<note place="margin">Ut vid. est ap. Bellar. de imag.</note> 
                        <hi>totum hoc praeceptum esse positivum, non morale.</hi> This whole
Commandement is positive, not moral: for however something related to the
Jews, yet by this Commandement is onely forbidden to worship the images of
false Gods, or the image of the true God with Divine worship.</p>
                     <p>Against this I have many things to say,<note place="margin">23.</note> 1. That idolatry is a sin against
the law of Nature, or of prime religion; therefore whatsoever was idolatry in
the Jews, is the same sin in the Christians. Indeed in the Intercourses between
Man and Man, though the relative duty be bound upon us by the Comman<g ref="char:EOLhyphen"/>dement
of God, yet the instances can be altered by humane authority and
consent; as new kinds of incest; several instances of Murder, of treason and
the like; but where not onely the law but the instances also are of Gods ap<g ref="char:EOLhyphen"/>pointment;
what is once is alwayes, unless God change the particular, which
he never did in the present question. One case there is in which the particulars
even of the present article can vanish: viz. when a particular is commanded
apparently for a transient reason, and hath in it no essential reason no Natural
rectitude; but the worshipping of God by an image is against Natural rea<g ref="char:EOLhyphen"/>son
as I have proved by the unlawfulness and unreasonableness of making an
image of God and shall further prove in the sequel; therefore although by
reason of the Jews proneness to direct and prime idolatry the Commande<g ref="char:EOLhyphen"/>ment
put new and accidental necessities (I mean the not having or making
any pictures) yet the prohibition of worshipping God by an image having a
Natural and essential rectitude and conformity to the <hi>Simplicity</hi> of a <hi>Natural</hi>
and to the <hi>Spirituality</hi> of the <hi>Christian religion,</hi> it cannot be changed as the fan<g ref="char:EOLhyphen"/>cies
<pb n="339" facs="tcp:58903:198"/>
or the interests of Men shall require, and of this besides the apparent rea<g ref="char:EOLhyphen"/>sonableness
of the thing we have an express testimony from <hi>Origen.</hi>
                        <note place="margin">L. 7. con. Cels.</note> 
                        <hi>Caeterum
Christiani homines &amp; Judaei sibi temperant ab his propter illud legis, Dominum
Deum timebis … Item propter illud, Non erunt tibi Dii alieni praeter me, &amp; non
facies tibi ipsi simulacrum, &amp;c. aliá<expan>
                              <am>
                                 <g ref="char:abque"/>
                              </am>
                              <ex>que</ex>
                           </expan> multa his similia quae adeo nos prohibent ab aris
&amp; simulacris, ut etiam emori jubeant citiùs quàm contaminemus nostram de Deo
fidem talibus impietatibus.</hi> Both Christians and Jews abstain from these [wor<g ref="char:EOLhyphen"/>shippings]
because the law saies; thou shalt have no other Gods but me: And
thou shalt not make to thy self any Graven image, and for many other things
like these; which so severely restrain us from altars and images, that they com<g ref="char:EOLhyphen"/>mand
us to die rather then to pollute our faith of God with such impieties. The
sum of which is, that Christians as well as Jews understood themselves bound
equally by this Commandement; and they were to suffer death rather then
image-worship.</p>
                     <p>2. To worship false Gods,<note place="margin">25.</note> or to give Divine honour to an image which
is not God, is all one kind of formal idolatry; they may differ Materially,
as the worshipping of Silver does from bowing the head to Gold; but they
are formally the same thing; for it is a making that to be our God which is
no God; and this is sufficiently forbidden in the first Commandement:
Now since there are more sins against that Commandement then one; let us
suppose that the two first (as we reckon them) are but one: yet the next must
be that which is forbidden in the explication; that is, to worship the true God
with a false image; it is making God to be like an idol by representing him in
the same cheap impossible way; by using him like the false Gods, by making
his image to become an idol; by giving him a forbidden, hated worship, by ho<g ref="char:EOLhyphen"/>nouring
him with a lie; all which if they be not great violations of the Com<g ref="char:EOLhyphen"/>mandement
to which they doe belong; then there is but one kind of sin
there forbidden, and this is an act of so great simplicity and incommunicability
that it hath neither Brother nor Sister, Mother nor Daughter, Kiff nor Kin,
analogy nor correspondencies, addresses nor degrees: If it have not, why are
so many particulars reduc'd to this Commandement by all Casuists, friends or
foes in this Article: If it have, this superstitious and forbidden worship being
here nam'd in the Commandement, and standing next to the prime idolatry,
must at lest have the degree of the same obliquity.</p>
                     <p>3. He that makes an image of God and worships it;<note place="margin">26.</note> gives it the worship
of God, whom it represents, or a different. If he gives a different and conse<g ref="char:EOLhyphen"/>quently
a less worship he does not worship God in the image; but his wor<g ref="char:EOLhyphen"/>ship
such as it is is terminated on the image; and then comes not into this in<g ref="char:EOLhyphen"/>quiry:
it is no more then loving a bird for <hi>Lesbia</hi>'s sake, or valewing a pen<g ref="char:EOLhyphen"/>dant
for her sake that gave it me; and this may be a civil valuation, and
is to be estimated according to its excess or temper. But if by the image
I mean to worship God; then I joyn them together in the act of adoration,
and make them the same integral object: but then I give to both the same wor<g ref="char:EOLhyphen"/>ship;
and therefore unless they can both be united into an identity, I must needs
give Divine worship to that which is no God; which is direct idolatry. If an
image of God pass the worship, which I give unto God, then it goes first to
the image, then to God; therefore it must needs be the same: for that which
passes from the image to God must not be less then what is fit to be given to
God: But if it be the same; then it ought not at all to pass upon that: If it be
less then Divine it must not be given to God; if it be not less, it must not
<pb n="340" facs="tcp:58903:199"/>
pass upon that which is not God. If it be less, it is impiety when it is offer'd
to the Prototype, if it be the same and not less, it is idolatry when it is offerd
to the image.</p>
                     <p>But I need not make use of both parts of the dilemma;<note place="margin">26.</note> for it is certain
that every relative worship must be the same in the middle and the end; and it is
confessed by most of those who worship God and his Christ and his Saints by
images, that the same honour is given to both. <hi>Eundem honorem deberi imagi<g ref="char:EOLhyphen"/>ni
&amp; exemplari</hi> saies <hi>Almain: ac proinde imagines S. Trinitatis, Christi, &amp; Cru<g ref="char:EOLhyphen"/>cis
cultu latriae adorandas esse:</hi> The images of the Trinity, of Christ, and of
the Cross are to be ador'd with Divine worship. The same is the opinion of
<hi>Alensis, Aquinas, Bonaventure, Albertus, Richardus, Capreolus, Cajetan, Coster,
Valentia,</hi> the Jesuits of <hi>Colen, Triers</hi> and <hi>Mentz:</hi> who approved <hi>Costers</hi> opi<g ref="char:EOLhyphen"/>nion;
and indeed generally of all the Roman Schooles, if we may beleeve
a great Man amongst them; <hi>Constans est Theologorum Sententia, imagi<g ref="char:EOLhyphen"/>nem
eodem honore &amp; cultu honorari &amp; coli quo colitur id cujus est imago,</hi> said
<hi>Azorius:</hi>
                        <note place="margin">In<gap reason="illegible" resp="#TECH" extent="3 letters">
                              <desc>•••</desc>
                           </gap>. Moral. part. 1. l. 9. c. 6.</note> and he supposes this to be the mind of the Councel of <hi>Trent,</hi> and
insinuated by the second Nicene, and certainly he was in the right. For though
the Councel of <hi>Trent</hi> us'd much caution in their expression of this invidious
article, and express'd no particular honour, but that due honour and worship
be given to them; yet when at the latter end of the decree it approves the
Second Nicene Councel and refers to that in the Article; it is plain that the
Councel of <hi>Trent</hi> intended such honour and worship to be due, as the Councel
of <hi>Francfurt</hi> said was not due; neither is it to be imagined they durst contra<g ref="char:EOLhyphen"/>dict
so constant an opinion, or openly recede from their great <hi>Aquinas.</hi> They
have amongst them many fine devices, to make this seem what it is not; but
that which is sufficient is this, that no distinction, no artifice will file the harsh<g ref="char:EOLhyphen"/>ness
off from this: for whereas the great thing that they say is this, that this
worship being not for the image but for Gods sake pass'd through the image;
does not give Divine honours to the image. But I reply: Is it a Divine ho<g ref="char:EOLhyphen"/>nour
that is given to the image or no: is it the same that is given to God; or
is it another? If it be the same then though it be not for the image, but for
God, yet it is for God that the Divine worship is given to the image; that is,
it is for Gods sake that what is due to God alone is given to that which is not
God; that is, for Gods sake they commit idolatry. But if it be not the
same, then how doe they worship God by the image? <hi>Idem est motus ad ima<g ref="char:EOLhyphen"/>ginem
&amp; exemplar;</hi> saies <hi>Aristotle,</hi> and upon this account they suppose what
is done to the image accrues to God; but then as they must take care that
nothing be given to God that is less then himself, I mean that he be not wor<g ref="char:EOLhyphen"/>shipped
with less then a Divine worship; so they may also remember, that by
one motion and act of worship they cannot give less to the image then they
doe to God; whatsoever is less then another is not the same with another: if
therefore the worship given to the image be in any sense less then that which
is given to God, then it is not the same: if it be not the same, then by the
same motion, by the same act of worship there are two kinds of worship given:
which is a contradiction, that one should be two: and also evacuates their
great pretence of the reasonableness or possibility of doing worship to God
by an image; because upon this account the same does not pass at once to both.</p>
                     <p>4. A good man is more an image of God then any Painter or Engraver
can make:<note place="margin">27.</note> but if we give Divine honours to a good Man it were idolatry:
therefore much more if we give it to an image. I use this instance to take
off the trifle of worship <hi>Relative,</hi> and worship <hi>Terminative;</hi> for if we should
<pb n="341" facs="tcp:58903:199"/>
offer sacrifice to a man, build temples and altars to him over against his
doors, burn lamps, make vowes, appoint Holy daies, processions, Letanies,
institute fraternities, give him the appellatives of honour which we usually
ascribe to God, it would not serve our turnes to say; we doe it to God
whose image this man is, and we intend the honor to God finally; there it rests,
it onely passes thorough the good man, to be united to the glories of God;
it were idolatry without all contradiction. I find that acts of humility have
been done to the poor for Christs sake; and the actions were refer'd to Christ
just as all other acts of charity and almes use to be; but if Divine honour be
done to them it is so far from being entertaind by God as the correlative of
that worship, that it is a dishonour to him; he being curious of his own pecu<g ref="char:EOLhyphen"/>liar,
and having given no warrant no instance that can amount to any thing
of that Nature, and he will be worshipped as <hi>Plato</hi>'s expression is <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>;
in that way (not that we chuse, but) that he best likes. He
that will pass worship to God by the mediation and interposition of a
creature, must doe it by using that creature in all the endearments and
regards for Gods sake of which it is capable. Thus by reverencing the Grey
head and rising up to him, we doe honour to the great Father of Men and An<g ref="char:EOLhyphen"/>gels:
by releeving the poor we doe honour to Christ; but neither is Christ
honour'd by us if we have a rich present to a King for Christs sake, or call a
poor begger, <hi>My Lord:</hi> but when for Gods sake we pass those regards to se<g ref="char:EOLhyphen"/>veral
estates of Men which are the best usages which prudently they can re<g ref="char:EOLhyphen"/>require,
then the good we doe to them, whether it be honour or releef, relates
to God: But for Gods sake to give Divine honours to a man; is as if to ho<g ref="char:EOLhyphen"/>nour
the Master we made his servant equal; or out of reverence to the body
we should wear the shoo upon our head: and this argument must needs con<g ref="char:EOLhyphen"/>clude
against the worshippers of images; for although <hi>Vasquez,</hi> and I think
he alone of all the world, owns the worst that this Argument can infer, and
thinks it lawful to give Divine worship relatively or transitively to a man;
yet when that whole Church excuses their worshipping of Saints by saying
they give onely such veneration to them as is proportion'd to them, not <hi>Latria</hi>
but <hi>Dulia,</hi> that is, not Divine worship in any Sense, for so they would be un<g ref="char:EOLhyphen"/>derstood
to speak and doe; it must needs be certain, that this argument is
not to be answer'd, nor yet to be outfac'd. However, this is certain; that
when the Arrians who beleeved Christ to be a meer creature, though they
could not deny but that (according to the express words of Scripture) he
was the express and bright image of his Fathers glory, yet because they
gave to Christ Divine honours for his relation sake to his Father the Eternal
God they were by the Fathers of the Church expressly call'd idolaters, as is to
be seen in the first, third and fourth Orations of S. <hi>Athanasius</hi> against the Arri<g ref="char:EOLhyphen"/>ans
and in S. <hi>Cyril in Joh. l.</hi> 9. <hi>c.</hi> 41. and divers other places: and whatever <hi>Vas<g ref="char:EOLhyphen"/>quez</hi>
or any man else is pleas'd to think of it; yet S. <hi>John</hi> was twice rejected
by an Angel when he would have given Divine honour to him: when he
would haue worshipped him: and yet that Angel represented God, and
was the servant of Jesus. And upon this account we may worship eve<g ref="char:EOLhyphen"/>ry
Creature; every fly, every Tulip, even the Onyons of Egypt; for
every plant is more an image of God then a dead peece of Mettal, or Mar<g ref="char:EOLhyphen"/>ble
can be
<q>Praesentémque refert quaelibet herba Deum.</q>
And it is in images as it is in the matter of Oaths, <gap reason="illegible" resp="#TECH" extent="1 letter">
                           <desc>•</desc>
                        </gap>f which our B. Saviour
said that he that swears by Heaven, or by the Earth, by the Temple, or by the
<pb n="342" facs="tcp:58903:200"/>
Gold, it is all a case: it all alike refers to God and does him dishonour if the
matter be vain or false; so it is in images: every creature of God represents
him and is capable of transmitting honour to him, as a woodden image: and
yet because the best images of God are not susceptive of Divine honours so
much as by relation, much less shall the worse images: and if it be idolatry to
give such to a man, though with an intuition upon God: to doe so to a dead
image which hath less likeness to God cannot be put of by a distinction, and a
vain imagination. * I will not aggravate the evil practices or Doctrines
which are in the Church of <hi>Rome,</hi> concerning this Question, but it is obvious
to observe, that although this distinction of <hi>relative</hi> and <hi>terminative</hi> is invent<g ref="char:EOLhyphen"/>ed
by superstitious persons to make the question hard, and to themselves
greater opportunity of quieting the Scruples of tender persons: yet they doe
give, and openly profess to give Divine honours to that which is no God, which
I thus demonstrate. <hi>The Cross</hi> on which Christ sufferd is but a creature: but
to <hi>the image of this</hi> they give a <hi>relative Divine honor,</hi> therefore to <hi>the Exemplar,</hi>
which is that Cross whereof the other are but images, they <hi>terminate</hi> the Di<g ref="char:EOLhyphen"/>vine
honour. So <hi>Jacobus Almain</hi> in the words a little before quoted: <q>
                           <hi>The
same honour is owing to the image and the Exemplar; and therefore the images
of the Trinity, and of Christ, and OF THE CROSS are to be ador'd with
the worship of Latria; [that is, Divine.]</hi>
                        </q> To this purpose is that clause in
the Pontifical published by the authority of <hi>Clement</hi> the eighth;<note place="margin">
                           <gap reason="illegible" resp="#TECH" extent="2 letters">
                              <desc>••</desc>
                           </gap>it Rom. p 672.</note> 
                        <hi>Crux legati
quia debetur ei Latria, erit à dextris.</hi> The Legats Cross must be on the right
hand; because <hi>Latria</hi> or Divine Honour is due to it. Now this being the
image can challenge but this D<gap reason="illegible" resp="#TECH" extent="1 letter">
                           <desc>•</desc>
                        </gap>vine honour relatively; but the Cross that
<hi>Helena</hi> found at <hi>Jerusalem</hi> was the Exemplar, therefore to that the Divine
worship is due <hi>ultimatè &amp; terminativè,</hi> it rests there; which is as down right
idolatry as can be defin'd. But <hi>Aquinas</hi> proves it ought to be so by this Ar<g ref="char:EOLhyphen"/>gument,
That in which we place the hope of our salvation to that we exhibit
the worship of <hi>Latria,</hi> or Divine worship: but in the Cross we place the hope
of our salvation, for so the Church sings,
<q>
                           <l>O Crux Ave spes Unica</l>
                           <l>Hoc passionis tempore:</l>
                           <l>Auge piis justitiam,</l>
                           <l>Reísque dona veniam.</l>
                        </q>
                        <q>All hail O Cross who art our onely hope in this time of our suffering: In<g ref="char:EOLhyphen"/>crease
the righteousness of the righteous, and give pardon to the guilty. </q>I
could adde many more things to the same purpose;<note place="margin">
                           <l>Salve sancta facies nostri Redemptoris,</l>
                           <l>In qua nitet species Divini splendoris,</l>
                           <l>Impressa panniculo nivei candoris.</l>
                           <l>Salve vultus Domini, imago beata,</l>
                           <l>Nes deduc ad propria <gap reason="illegible" resp="#TECH" extent="1 letter">
                                 <desc>•</desc>
                              </gap> felix figura</l>
                           <l>Ad videndum faciem Christi, quae est pura.</l>
                           <l>…</l>
                           <l>Ave ferrum triumphale, felix hasta.</l>
                           <l>Nos amore per te fixi saucia.</l>
                        </note>
but because I Intend not an accusation of any one,
but institution to every one that needs it; I shall onely
observe that this distinction is us'd with them as Mira<g ref="char:EOLhyphen"/>cles
and the gift of tongues was; not for them that be<g ref="char:EOLhyphen"/>leeve,
but for them that beleeve not: so is this, for
strangers, and them that make objections, not for the
obedient that worship images and break the Comman<g ref="char:EOLhyphen"/>dement:
for they must or may doe more then give a relative worship: but
yet because it concernes us and them, I adde this observation.</p>
                     <p>5. That if Divine worship,<note place="margin">28.</note> or <hi>Latria</hi> be in any sense given to an image, no
distinction can save it ha<gap reason="illegible" resp="#TECH" extent="2 letters">
                           <desc>••</desc>
                        </gap>less: For if it be given at all, it is not chang'd in
kind, by being alter'd in circumstance. It is that kind of worship which all
<pb n="343" facs="tcp:58903:200"/>
the world understands to be proper to God; now whether it be for it self or
for any other thing, is nothing but an inquiry for what cause this incommuni<g ref="char:EOLhyphen"/>cable
worship is communicated to them; that is, a looking after the cause of
a thing, which no cause can legitimate, and whether this be proper or impro<g ref="char:EOLhyphen"/>per,
yet still it is idolatry in one of the senses; whether it be direct or indi<g ref="char:EOLhyphen"/>rect,
it still gives but an appellative and specificates the idolatry: for that which
in its whole Nature is unlawful, and unnatural, cannot be lawful in a certain
respect.<note place="margin">L. 1. de Trin. c. 6.</note> 
                        <hi>Idololatrae dicuntur qui simulachris eam servitutem exhibent quae debe<g ref="char:EOLhyphen"/>tur
Deo,</hi> said S. <hi>Austin:</hi> He who gives that to an image which is due to God is
an idolater: But he who answers that he does that thing but in this or this man<g ref="char:EOLhyphen"/>ner,
confesses the thing done and tells you how: but if the manner destroyes
the thing, then it is not the same worship; and then what need the distinction
of the manner which must suppose the same matter; but if the manner does
not destroy the thing, then for all the distinctions it is idolatry.</p>
                     <p>6. I consider that in the first Commandement where <hi>Atheisme</hi> and <hi>Poly<g ref="char:EOLhyphen"/>theisme,</hi>
                        <note place="margin">29.</note>
and <hi>Allotheisme</hi> are forbidden directly and principally, and whatever
is like it, or even with, or under it; the preface or the reason of it is express'd
by God; [<hi>I am the Lord thy God.</hi>] plainly declaring that whatsoever is intro<g ref="char:EOLhyphen"/>duc'd
against that Commandement is also against that reason: God is not our
God, if we acknowledge <hi>none,</hi> or if we accept of <hi>many,</hi> or <hi>any other;</hi> so that
by this precept and upon this account, <hi>idolatry in the object</hi> is forbidden. But
in the next precept, or (if it be the same with this) in the next periods of
this Commandement, there is another thing forbidden upon another rea<g ref="char:EOLhyphen"/>son:
<hi>Thou shalt not worship any graven image, for I the Lord thy God am a
jealous God,</hi> meaning that as his being our God infers that none else
must be made our God or have Divine honours done to it; so the su<g ref="char:EOLhyphen"/>peraddition
of this attribute and appellative of God, that as he is our
God, so also he is a jealous God, in this very matter of Entercourse
with us, infers that we must not onely doe <hi>what</hi> he bids, but also in his
own way, the thing and the manner too are taken care of. And if he had
in the second precept onely forbidden Divine worship to be given to any arti<g ref="char:EOLhyphen"/>fice
or to any Creature; the proper reason for it had been [<hi>for I am the
Lord thy God</hi>] but when to other words he puts another reason, it is certain it
must mean something new and not signified in the first periods: But then, be<g ref="char:EOLhyphen"/>cause
the worshipping of any image of God with Divine worship for the sake
of the Exemplar is that which is neerest and likest the manner of the Gentiles;
and does insensibly steal the heart of man away, and depresses our great
thoughts of the Eternal immense God into the circumscription of an image,
and draws the mind from spiritual to material entercourses, and therefore
does by immediate consequence lessen the honour of God and the propriety
of the Divine worship, that all this should be forbidden is justly inferred from
the reason; for of these things no better reason in the world can be given, then
that God is a jealous God; and will not have his honour directly or indirect<g ref="char:EOLhyphen"/>ly
given to any thing to whom himself is not pleas'd expressly to impart it;
and therefore there is a Natural proportion in the reason to the prohibition:
for since it is usual in Scripture to call idolatry by the name of fornication or
adultery: God is pleased here also to forbid that manner of worship which he
accounts adulterous, and declares he will not endure it because he is jealous: and
let it be imagined, what can be the effect of that reason? something special must
be apportion'd to it, lest it be to no purpose: but that images be not taken
for very God, that they may not finally and for themselves receive Divine
<pb n="344" facs="tcp:58903:201"/>
honour is the effect of the first reason, and of the first precept: whatsoever
is next to this, must be what is also next express'd, that is, Not that images
be not worshipped for God; but that in the worshipping the true God which
is commanded in the first period, we doe not bow the head and knee before
images which is forbidden in the second periods: And if men were in their
proportion as jealous of their duty and of avoiding Gods anger and escaping
the Divine judgements, and of preserving their Eternal interest, as God is
of his Honour; they would never so much intricate their duty, and brande
the Commandement, and doe that which is so much against the letter of it, and
against the doctrine of that Church to whom the law was given, and against so
much reason; and for the doing of which they are forc'd to use so much violence
of answer, such convulsions of distinction: a jealous Man will not endure such
comportments in his wife; for the justification of which she is so hardly put
to it, that she must have half a dozen answers before she can please her
self, or think that she does well; and which after all, will look but like pitiful
excuses. But above all excuses it would seem the worst, if she should say
I doe admit another man but not as my Husband, but with a less regard
and another sort of complication then I use to him; and that which I doe
I doe it for his sake, he is so like him that he is his very picture; and he is his
very great friend, and what I do, is for that very regard. A jealous man would
hardly take this for satisfaction. And if it be consider'd that there is nothing
so clear but something may be said against it, and <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>
Every word can be contradicted by a word; and then how many presumpti<g ref="char:EOLhyphen"/>ons,
how many reasons, how many express words, how many ages, and how
many religions doe joyn in the condemnation of worshipping God by
an image; it may very well be concluded that our jealous God will not
endure half so much disobedience, wilful ignorance and obstinacy in such
persons as against so much reason and religion and for so few and trifling
pretences will worship God and his Christ by images against the words
of his own Commandement.</p>
                     <p>7. If it be inquired how an image can be an idol;<note place="margin">30.</note> the answer must be;
by giving to it Divine worship, or something that is due and proper to God:
Now whoever knowes it to be an image of a thing, if he have any use of rea<g ref="char:EOLhyphen"/>son,
if he be not a changeling, beleeves better of the Exemplar then of the
image; and knowes that the worship sticks not in the image: he cannot wor<g ref="char:EOLhyphen"/>ship
it for it self, but for something to which it relates, or for something that
adheres to it, or is deriv'd upon it; still the honour goes beyond the Natural
or artificial image. The image hath no worth of its own beyond the art or
Nature; and can be estimated, but as <hi>Silver,</hi> or <hi>Marble,</hi> or <hi>Carved;</hi> and
therefore no religion passes upon it for its own sake: Since therefore whatsoe<g ref="char:EOLhyphen"/>ver
passes on it is for the sake of that which it represents; an image that is un<g ref="char:EOLhyphen"/>derstood
to be an image can never be made an idol; or if it can it must be by
having the worship of God pass'd thorough it to God; it must be by being
the analogical, the improper, the transitive, the relative (or what shall I call
it) object of Divine worship. Now that this consideration may have its ef<g ref="char:EOLhyphen"/>fect,
I shall not need to say that an idol and an image is all one; though that
be true in Grammar; and <hi>Erasmus</hi> said that S. <hi>Ambrose</hi> knew no difference
between them,<note place="margin">In 1 Cor. 8.</note> but that every image (made for religion) is an idol; and that
he himself saw no difference: but because the Church in some ages hath sup<g ref="char:EOLhyphen"/>pos'd
a difference; I shall also allow it: but find all the danger of any such
allowance taken away by the instance of the brazen Serpent which did pass
<pb n="345" facs="tcp:58903:201"/>
under both Notions, for it was a meer image or representment of a Serpent
and the commemoration of Gods delivering his people from them: but when
it came to be us'd in a religious worship then it was an idol; permitted when it
was a bare image, but broken when it pass'd into an idol. An image or an
dol doe not differ in themselves but by use and custome of speaking: the
Church calling it an image so long as it is used lawfully: but it is an idol when
it is us'd unlawfully, that is in plain speaking, an image is lawful to be made or
kept for some purposes, but not for other. It is lawful for story, for memo<g ref="char:EOLhyphen"/>ry
of an absent friend or valued person that is away, for the moving an affecti<g ref="char:EOLhyphen"/>on,
for ornament and the beauty of a place; but it is not lawful to have them,
not lawful to make them with designes of ministring to religion or the service
and worship of God: which I choose to express in the words of the Au<g ref="char:EOLhyphen"/>thor
of the famous books under the name of <hi>Charles</hi> the Great,<note place="margin">L. 4 p. <gap reason="illegible" resp="#TECH" extent="2 letters">
                              <desc>••</desc>
                           </gap>
                        </note> 
                        <hi>Nos imagi<g ref="char:EOLhyphen"/>nes
in basilicis positas, idola non nuncupamus; sed nè idola nuncupentur, adorare
&amp; colere eas recusamus.</hi> We doe not call all <hi>images</hi> by the name of <hi>idols,</hi> but
lest they become idols we refuse to worship them. But yet this I adde, that al<g ref="char:EOLhyphen"/>though
in the use of the two Greek words, <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap> and <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>, and of the
Latine, <hi>idolum</hi> and <hi>imago,</hi> Men have troubled themselves with finding mate<g ref="char:EOLhyphen"/>rial
differences; yet although it might be of some use in inquiring the mean<g ref="char:EOLhyphen"/>ing
of the Ancient Doctors of the Church in the question of images, yet it
will be wholly impertinent as to the Commandement. For God forbidding
images used the word <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap> which signifies properly a graven image; and be<g ref="char:EOLhyphen"/>cause
there were more sorts besides this, God was pleas'd to forbid <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>
which the LXX render by <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>, the likeness of any thing; and
it conteins <hi>sculptile, fusile, ductile, conflatile,</hi> that is, all sorts of representati<g ref="char:EOLhyphen"/>ons,
flat or extant, painted or carved; and the force of this word can be elu<g ref="char:EOLhyphen"/>ded
by no distinction. But then as to the meaning of these words in the use
of the Ancient Doctors, this is certain: that although about the time of the
Second Nicene Councel, this distinction of <hi>idolum</hi> and <hi>imago</hi> was brought
into the Christian Church, yet it was then new, and forc'd, made to serve the
ends of new opinions, not of Truth: for in <hi>Tertullian</hi>'s time there was no<g ref="char:EOLhyphen"/>thing
of it, as appears by his words in his book <hi>de idololatria. c.</hi> 3. <hi>Ad hoc
necessaria est vocabuli interpretatio:</hi> 
                        <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap> 
                        <hi>Graecè formam sonat; ab eo per di<g ref="char:EOLhyphen"/>minutivum</hi>
                        <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap> 
                        <hi>deductum aequè apud nos formulam fecit. Igitur omnis
forma, vel formula idolum se dici exposcit: éstque idololatria, omnis circa om<g ref="char:EOLhyphen"/>ne
idolum famulatus &amp; servitus.</hi> Every image (meaning, of God) is an
idol, and all worship and service about them is idolatry. This is plain,
and short. And that once for all I may make it clear, that an idol and
an image was all one in the sense of the word and of the Ancient Church
it is undeniably so used in <hi>Cicero lib</hi> 1. <hi>de fin. bonor. &amp; mal. Imagines quae idola
nominant, quorum incursione non solum videamus sed etiam cogitemus, &amp;c.</hi> and
for the Church S. <hi>Chrysostome</hi> is an authentick witness, for he calls the pictures
by which they then adorn'd their houses by the names of idols, <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>,
we trim our houses, placing every
where idols and pictures.</p>
                     <p>Upon this account we may understand the meaning of the primitive Fa<g ref="char:EOLhyphen"/>thers
who would not endure that a picture should be made,<note place="margin">31.</note> or kept, who
condemn'd the art it self, as deceving and adulterous, who said that God for<g ref="char:EOLhyphen"/>bad
the very trade it self: So <hi>Tertullian,</hi>
                        <note place="margin">De spect c. 23.</note> 
                        <hi>Jam verò ipsum opus personarum
quaero an Deo placeat qui omnem similitudinem vetat fieri, quanto magis ima<g ref="char:EOLhyphen"/>ginis
suae?</hi> Can the making visors please God who hath forbidden all simi<g ref="char:EOLhyphen"/>litudes
or images and pictures to be made, and how much more any image
<pb n="346" facs="tcp:58903:202"/>
of himself?<note place="margin">S<gap reason="illegible" resp="#TECH" extent="2 letters">
                              <desc>••</desc>
                           </gap>ma<gap reason="illegible" resp="#TECH" extent="1 letter">
                              <desc>•</desc>
                           </gap>. l. 6 &amp; in Protrep. p. 41. ed<gap reason="illegible" resp="#TECH" extent="2 letters">
                              <desc>••</desc>
                           </gap> Paris. L. 4. con. Cel<gap reason="illegible" resp="#TECH" extent="1 letter">
                              <desc>•</desc>
                           </gap>.</note> 
                        <hi>Nobis enim est apertè vetitum artem fallacem exercere;</hi> said S.
<hi>Clement</hi> speaking of pictures and images, the very art is forbidden to Chri<g ref="char:EOLhyphen"/>stians.
The same is affirmed by <hi>Origen,</hi> and long after by S. <hi>Chrysostome;</hi>
but <hi>Tertullian</hi> said,<note place="margin">D<gap reason="illegible" resp="#TECH" extent="1 letter">
                              <desc>•</desc>
                           </gap> idol. <hi>c.</hi> 3.</note> that the Divel brought painting and carving into the
world; and addes, <hi>Toto mundo ejusmodi artibus interdixit servis Dei,</hi> that
God hath forbidden to all his servants in all the world to use such arts.
But they are to be understood by their own words spoken when they
had the same reason and less heat; for that the very making of images was
forbidden by God by way of caution onely and provision, not for any
turpitude or unreasonableness in the thing, but for the danger which then
was pregnant themselves affirme: <hi>Similitudinem vetans fieri omnium….
ostendit &amp; causas, idololatriae sc. substantiam cohibentes: subjicit enim non ado<g ref="char:EOLhyphen"/>rabitis
ea, &amp;c.</hi> So <hi>Tertullian.</hi> To the same purpose is that of <hi>Origen;</hi> speak<g ref="char:EOLhyphen"/>ing
of the Jews,<note place="margin">L. 2. c. 22. adv. Marcion.</note> 
                        <hi>There was no painter or statuary admitted into their cities,
their laws driving away all this kind of people, ne qua occasio praeberetur ho<g ref="char:EOLhyphen"/>minibus
crassis, neve animi eorum à Dei cultu avocarentur ad res terrenas per
hujusmodi illecebras:</hi> lest any occasion should be given to rude people of
drawing their minds from the pure worship of God to earthly things.
Now if this sense was also in the Commandement, it is certain that this
was but temporary; and therefore could change: and that it was change<g ref="char:EOLhyphen"/>able
appears in this that God by a Divine Spirit assisted <hi>Bezaleel</hi> and <hi>Aholiab</hi>
in the like curious arts; and by other instances which I have already rec<g ref="char:EOLhyphen"/>kon'd
<note n="*" place="margin">Sup. r. 6. n. 10.</note>: Now this sense and severity might perpetually oblige the Jews;
because during the whole abode of their Synagogue there was almost an equal
danger by their perpetual conversation with idolatrous Nations: and there<g ref="char:EOLhyphen"/>fore
it was very well said of <hi>Tertullian</hi> in the matter of the brazen Serpent,<note place="margin">De idol. c. 5.</note>
                        <q>If thou regardest the law, thou hast Gods law, <hi>Make not the likeness of any
thing:</hi> But if thou considerest that afterwards <hi>Moses</hi> did command them to
make the likeness of a Serpent, doe thou also imitate <hi>Moses,</hi> and against
the law make no likeness, unless God also give thee a Commandement as he
did <hi>Moses.</hi> Meaning that the singular example was no prejudice to the
law:</q> 
                        <hi>Exceptio firmat regulam in non exceptis:</hi> This part of the Commance<g ref="char:EOLhyphen"/>ment
was by God dispens'd within that instance and in a few more; but these
few confirm the rule in all things and instances, besides themselves, for they
say, that without Gods leave we may not break this Commandement. In <hi>Ter<g ref="char:EOLhyphen"/>tullian</hi>'s
time this very necessity did still abide, and therefore they had the same
zeal against images and <hi>whatsoever gave substance to idolatry;</hi> thats <hi>Tertullian</hi>'s
phrase for Painters and Statuaries. But then this also is to be added: That
all those instances in the Old Testament of the brazen Serpent, the bulls, the
Pomegranats, the Cherubims, the curious works of <hi>Bezaleel,</hi> are not to be
us'd as arguments against the morality of the second Commandement:
because there single causes, and had their special warrant or appro<g ref="char:EOLhyphen"/>bation
respectively from the same fountain whence the prohibition came,
at least let them prevail no further then they ought; let them mean no more
then they say, and let us goe no further then the examples: by which we find
images made, for other uses, but not for worship: and therefore the
Commandement may be moral in all the periods of it, this onely excepted
which relates to the making of them.</p>
                     <p>But when we consider further that <hi>Solomon</hi> caus'd Golden Lyons to be
made about his throne and the Jews imprinted images on their money, and
in Christs time they us'd the images of <hi>Cesar</hi> on their Coin, and found no repro<g ref="char:EOLhyphen"/>ver
for so doing, this showes that there was something in the Commande<g ref="char:EOLhyphen"/>ment
<pb n="341" facs="tcp:58903:202"/>
that was not moral; I mean the prohibition of making or having any
images: For to these things we find no command of God, no dispensation,
no allowance positive: but the immunity of reason and the indemnity of not
being reproved, and therefore for so much as concernes the making or having
pictures and images we are at liberty without the warranty of an express
Commandement from God: The reason of the difference is this, The
first instances (excepting that of the brazen serpent which because it was
to be instrumental in a miraculous blessing must suppose a Divine Com<g ref="char:EOLhyphen"/>mandement;
like a Sacrament or Sacramental) were of images us'd in
the Tabernacle or Temple, and so came within the verge of Religion;
and for their likeness to the main superstition might not be ventur'd upon with<g ref="char:EOLhyphen"/>out
special leave or approbation: and therefore God gave command for the
images of the Tabernacle, and by his Majestatick presence in the Temple ap<g ref="char:EOLhyphen"/>prov'd
all that was there. Upon what confidence <hi>Solomon</hi> ventur'd upon it; and
whether he had a command or no I find not recorded, but <hi>ex post facto</hi> we find
it approved. But for the other images which related wholly to civil use;
right reason and the common notices of things was their sufficient warrant;
while they could have no end in disobedience, no temptation to it, no reward
for it; when it did not contradict any Natural or Religious reason; there
was no danger of idolatry, no semblance of Superstition. So that the result
is this; The Jews were forbidden to make or have any images; and this was be<g ref="char:EOLhyphen"/>cause
of their danger: but this was no moral law. But the very making and
having them for worship is forbidden as the thing it self is. Just as adultery
and wanton looks are forbidden in the same Commandement, and are acts of
the same sin; so is worshipping and having them for worship, it is that which
S. <hi>Paul</hi> calls in the matter of uncleanness, <hi>Making provision for the flesh to ful<g ref="char:EOLhyphen"/>fil
the lusts thereof.</hi> Making images and pictures to this end, is providing for
the flesh: For this also is fornication and spiritual whoredom. And as we
may look upon a woman; and be innocent; so we doe not look upon her for
lust: so may we have or make pictures and images,; but for worship we may
not: and in this sense of the words even this period of the Commande<g ref="char:EOLhyphen"/>ment
is also moral; and obliges us as much as the Jewes: but if those words
did abstractedly and without their relation bind the Jews; it did never bind us
but by way of caution and prudence; that is, when we are in the same dan<g ref="char:EOLhyphen"/>gers
as were the Israelites, in the rudeness and infancy of their Church espe<g ref="char:EOLhyphen"/>cially.
* And this we find in <hi>Tertullian;</hi> that when he had affirm'd the very
art of painting and engraving to be unlawful; to them who enquire what
then shall the poor men doe who have no other means to get their living; he
answers; let them paint tables and cupboards, and remove their art from dan<g ref="char:EOLhyphen"/>ger
of religion to necessary and fit provisions for life; let them doe things as
like as they were enabled by their art; so they were unlike the violations of
religion; and therefore the Church celebrates on the eighth of <hi>November</hi> the
memory of <hi>Claudius Nicostratus</hi> and their fellows who chose to die rather
then make images for the Heathen Temples; they were excellent statuaries,
but better Christians. By which it is plain that he means the very art as it
ministred to idolatry; for abstracting from that ministery and that danger it
was lawful enough,
<q>
                           <l>Qui fingit sacros auro vel marmore vultus,</l>
                           <l>Non facit ille Deos; qui colit ille facit.</l>
                        </q>
He that worships the image he makes it an idol; and he that designes
any assistance to the idolatry, or knowingly ministers to it, he adopts
<pb n="342" facs="tcp:58903:203"/>
himself into a partnership of the crime.<note place="margin">De idol. c. 6.</note> To which purpose was that of <hi>Ter<g ref="char:EOLhyphen"/>tullian,
Facio</hi> (scil. <hi>imagines) sed non colo: quasi ob aliam causam colere non audeat,
nisi ob quam &amp; facere non debeat, scilicet ob Dei essentiam utrobique: imò tu colis, qui
facis ut coli possint.</hi> He answers the objection of them that say, I make ima<g ref="char:EOLhyphen"/>ges,
but I doe not worship them: as if (saies he) there were any reason forbid<g ref="char:EOLhyphen"/>ding
thee to worship them; but the same for which thou oughtest not to make
them; I mean, the Omnipresence of God. Nay thou worshippest them, who
makest them that they may be worshipped. But in all other senses the making
a picture, is not making an idol; and therefore that severe sense of the Com<g ref="char:EOLhyphen"/>mandement
though as it is most probable it did oblige the Jews, and all per<g ref="char:EOLhyphen"/>sons
in equal danger; yet because the reason may cease, and the danger be se<g ref="char:EOLhyphen"/>cur'd,
when it is ceas'd, the obligation also is null; and therefore though that
was in the Commandement; yet it is no part of its morality; but that exce<g ref="char:EOLhyphen"/>pted,
every other clause is moral and Eternal.</p>
                     <p>8. And all this is perfectly consenting to the analogy of the Go<g ref="char:EOLhyphen"/>spel
which is a spiritual worship,<note place="margin">32.</note> unclothed of bodily ceremonies, strip'd
naked of beggarly rudiments, even those which God had commanded
in the Old law; Christ placed but two mysterious ceremonies in the place
of all the shadowes of <hi>Moses:</hi> and since Christianity hath shak'd off that
body and outsides of religion, that law of a carnal commandement, that we
might <hi>serve God in spirit and truth,</hi> that is, proportionable to his perfections,
it cannot be imagined that this spiritual religion which worships God in praises
and love, in charity and almes, in faith and hope, in contemplation and humi<g ref="char:EOLhyphen"/>lity,
in self-denial and separations from all corporal adherencies that are not
necessary, and that are not Natural, I say it cannot be imagined that this spi<g ref="char:EOLhyphen"/>ritual
religion should put on a phantastick body, which as much as it can sepa<g ref="char:EOLhyphen"/>rates
from a real: that Christianity should make a Vizor for God, who hath
no body,<note place="margin">De idol. c. 7.</note> and give that to him which the Heathens gave to their Devils; <hi>Dae<g ref="char:EOLhyphen"/>moniis
corpora contulerunt;</hi> they gave a body to their <hi>Daemons</hi> saies <hi>Tertullian,</hi>
when they made images to them; that he who under the law of carnal ordinan<g ref="char:EOLhyphen"/>ces
could not endure an image, should yet be pleas'd with it under the pure and
spiritual institution of the Gospel. A Christian must <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>
worship God with genuine and proper worshippings, that is, <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>
with the pure and only worship of the Soul. Now if the Ceremo<g ref="char:EOLhyphen"/>nials
of <hi>Moses</hi> were contrary to this spirituality, and therefore was taken away
by the Gospel: it cannot be imagined that images which are more contrary
to a spiritual worship, should be let in by Christ, when they were shut out by
<hi>Moses.</hi> * To this purpose they are excellent words which were spoken by <hi>Cle<g ref="char:EOLhyphen"/>mens
Alexandrinus.</hi>
                        <note place="margin">S<gap reason="illegible" resp="#TECH" extent="1 letter">
                              <desc>•</desc>
                           </gap>ro<gap reason="illegible" resp="#TECH" extent="3 letters">
                              <desc>•••</desc>
                           </gap>.</note> 
                        <q>
                           <hi>Moses</hi> many ages before made a law that there should
be no graven, no molten, no painted image or likeness of a thing made
amongst them, that we should not attend sensible things, but pass to those
which are perceiv'd by the understanding onely. For the daily custome of see<g ref="char:EOLhyphen"/>ing
him (<hi>in effigie</hi>) makes that the Majesty of God becomes vile and contem<g ref="char:EOLhyphen"/>ptible,
and by material Substances (Gross images) to worship that es<g ref="char:EOLhyphen"/>sence,
which is onely discerned by the mind, is by the sense to undervalue the
Eternal mind.</q>
                     </p>
                     <p>9. And upon these accounts we find that the Christians were great ha<g ref="char:EOLhyphen"/>ters
of image-worship,<note place="margin">33.</note> and even of images themselves: and did deride the
heathen follies, who in the midst of their witty disputations and wise di<g ref="char:EOLhyphen"/>scourses
of God, did so unman themselves and baffle their own reason as
to worship this invisible God by looking upon a contemptible image. To this
<pb n="349" facs="tcp:58903:203"/>
purpose <hi>Origen</hi> discourses wisely; <q>God hath chosen the folly of the world,<note place="margin">L. 7. con. Ce<gap reason="illegible" resp="#TECH" extent="2 letters">
                                 <desc>••</desc>
                              </gap>.</note>
those amongst the Christians whose lives were most simple, modest, and
more pure then that of the Philosophers, that he might put to shame those
wise men who blush not to speak to liveless trunks as if they were Gods or
images of the Gods. For what sober Man does not easily discerne him who
after his excellent and Philosophical discourses of God or of the Gods,
does presently look upon images, and offers prayers to them, or by the be<g ref="char:EOLhyphen"/>holding
them as some conspicuous sign, strives to lift up his mind to the
imagination of an intelligible Deity? But the Christian though but un<g ref="char:EOLhyphen"/>learned
yet he beleeves verily that the whole world is the temple of God,
and he prayes in every place, shutting his bodily eyes, but lifting up the eyes
of his mind….and being rap'd as it were beyond this world, he makes his
prayers to God for great things.</q> This is the advantage, the Spirituality and
devotion of the Christian. Concerning which it were easy to bring many an<g ref="char:EOLhyphen"/>cient
Testimonies; which whoever is desirous to see, may find them frequent<g ref="char:EOLhyphen"/>ly
in the Fathers of the four first ages: but especially in <hi>Irenaeus. l.</hi> 1. <hi>cont. haer.
c.</hi> 34. <hi>Origen. l.</hi> 7. <hi>contr. Cels. Tertull. de idol. c.</hi> 5. and <hi>de coron mil.</hi> and <hi>de Spectac.
c.</hi> 23. <hi>Clemens Rom. Recogn. l.</hi> 5. and <hi>Clem. Alex. strom.</hi> 1, <hi>&amp;</hi> 5. <hi>S. Chrysost. in
Synod.</hi> 7. <hi>Act.</hi> 6. and <hi>in</hi> 1 <hi>Cor.</hi> 8. <hi>Epiph. haer.</hi> 29. <hi>Amphiloch. apud Syn.</hi> 7. <hi>action.
ead. Optatus l.</hi> 3. <hi>contr. Donat. S. Ambrose ep.</hi> 31. <hi>ad Valent. S. Austin in Psal.</hi> 113.
all which speak of this Article so as needs no commentary, and admits of no
evasion, decretorily and dogmatically and zealously.</p>
                     <p>Now against this heap of plain testimonies there is not any one cleer
sentence and dogmatical proposition to be brought;<note place="margin">34.</note> and if there could be
brought forty particular instances of a contrary practice, though there are not
three to be had in pure antiquity and in authentic testimony, yet it could not in
any degree abate the certainty of this doctrine: because the Doctors of those
ages say that where ever there is any such thing, it is unlawful. <hi>Epiphanius</hi> did
rend in peeces the veil at <hi>Anablatha</hi> neer <hi>Bethlehem,</hi> because it had in it the
picture of a man; and this is so notorious that <hi>Alfonsus à Castro</hi> calls him an
Iconoclast: but <hi>Epiphanius</hi> gives this account of it to the Bishop of <hi>Jerusa<g ref="char:EOLhyphen"/>lem,
Contrà authoritatem Scripturarum esse ut in Christi Ecclesia hominis pendeat
imago;</hi> and, <hi>istiusmodi vela contra religionem nostram veniunt:</hi> It is against the
authority of the Scriptures, it is against our religion that the image of a man,
that such veiles should be in the Church: and <hi>Lactantius</hi> as plainly,<note place="margin">L. 2. c. de orig. erroris.</note> 
                        <hi>Dubium
non est quin religio nulla sit, ubicunque simulachrum est;</hi> where an image is,
it is certain there is no Religion: and S. <hi>Austin</hi> answers all pretensions
to the contrary which can readily be drawn from Antiquity. <q>I know
(saies he) many that are worshippers of pictures but such as neither know
nor exhibit the force of their Profession, but they are such who are supersti<g ref="char:EOLhyphen"/>tious
in their very religion, such which the Church would condemn, and dai<g ref="char:EOLhyphen"/>ly
seek to correct like evil children.</q> This being the doctrine of the Primi<g ref="char:EOLhyphen"/>tive
Church; if a contrary practice comes in, it is certain it is by corruption
of faith and manners. The Temples of Gods and the images of Gods they
had in equal detestation: not that they hated publike places of worship; but
<hi>Templa, non Ecclesias,</hi> or <hi>Dominicas;</hi> for we must know that in the language
of the Fathers by <hi>Temples</hi> they did mean such as the Gentiles had;
such as the Holy Scriptures call the place of <hi>Micah</hi>'s images; [<hi>an
house of Gods]</hi> according to that famous saying of <hi>Isidore:</hi>
                        <note place="margin">Judges 17. 5.</note> 
                        <hi>Templi
nulla ratio quod non coronat simulachrum: It is no Temple that is with<g ref="char:EOLhyphen"/>out
an image,</hi> and it is no Church that hath one according to the Primitive
<pb n="350" facs="tcp:58903:204"/>
Christian doctrine: and it was remarkeable what is told by <hi>Aelius Lampridius</hi>
in the life of <hi>Alexander Severus,</hi> that when <hi>Adrian</hi> the Emperour had com<g ref="char:EOLhyphen"/>manded
Churches to be built without images, it was supposed he intended
them for the service on Christ: then which there needs no greater or cleerer
instance of the doctrine and practice of the Holy Primitives.</p>
                     <p>But the best and most perfect account that can be given of the Christian
religion in this article,<note place="margin">35.</note> is by the Ecclesiastical laws. The Councel of <hi>Eliberis</hi>
in <hi>Spain</hi> made a Canon:<note place="margin">
                           <gap reason="illegible" resp="#TECH" extent="1 span">
                              <desc>〈…〉</desc>
                           </gap>.</note> 
                        <hi>placuit picturas in Ecclesia esse non debere nè quod
colitur aut adoratur in parietibus depingatur.</hi> Pictures must not be in Chur<g ref="char:EOLhyphen"/>ches,
lest that which is worshipped or adored be painted upon the walls.
From which plain place <hi>Bellarmine, Perron, Binius</hi> and divers others take great
pains to escape: it matters not how, as to the question of Conscience; it
is sufficient what <hi>Agobardus</hi> Bishop of <hi>Lyons</hi> above 800 years agoe saies in
this very particular. <q>Now error is so grown, and is perspicuous that they
approach neer the heresy of the Anthropomorphites and worsh<gap reason="illegible" resp="#TECH" extent="1 letter">
                              <desc>•</desc>
                           </gap>p images,
and put their hope in them, the cause of which error is, that faith is de<g ref="char:EOLhyphen"/>parted
from mens hearts, and they put their confidence in what they see.
But as when we see Souldiers arm'd<g ref="char:punc">▪</g> or Husbandmen plowing or mowing
or gathering grapes in picture, or the pictures of huntsmen pursuing their
game, or of Fishermen throwing their nets, we doe not hope to receive
from them a Mullet, or a Moneths pay, handfuls of barley or clusters of
grapes: So if we see winged Angels painted, Apostles preaching, Mar<g ref="char:EOLhyphen"/>tyrs
dying, we are not to expect any aid or good from the images we see,
because they can neither doe good nor hurt. Therefore for the abolishing of
this s<gap reason="illegible" resp="#TECH" extent="1 letter">
                              <desc>•</desc>
                           </gap>perstition, <hi>rectè ab Orthodoxis Patribus definitum est,</hi> it was rightly
defin'd by the Orthodox Fathers that pictures ought not to be in Churches
lest that which is worshipped (viz. God or his Christ) be painted upon their
walls.</q> To the same purpose the Fathers of the fourth Councel at <hi>Constan<g ref="char:EOLhyphen"/>tinople</hi>
did quote the words of <hi>Epiphanius</hi> as we learn from the acts of the
second Nicene Councel,<note place="margin">Syn. 7. Act. 6.</note> in these words. <q>Take heed to your selves and
hold the traditions which ye have received, decline not to the right hand or
to the left: and remember my belowed sons that ye bring not images into
the Churches, nor into the Coemeteries of the Saints: but by remembrance
place God in your hearts.</q> To the same purpose was it decreed by another
Synod at <hi>Constantinople</hi> of 338 Bishops,<note place="margin">An. Dom. 753.</note> under <hi>Constantius Copronymus;</hi> for<g ref="char:EOLhyphen"/>bidding
all use of images in Churches or out of them: and so much of their
decree as forbad the worship of images was followed by <hi>Charles</hi> the Great,
and the learned men of that age, and confirm'd by the Synod at <hi>Franckfurt</hi>
where the Bishops of <hi>Italy, France</hi> and <hi>Germany</hi> were called by the Emperour
to that purpose. To these if we adde the Councel of <hi>Mentz,</hi> and the second
Councel of <hi>Sens</hi> *,<note place="margin">Senon. 2. c. 20.</note> who commanded <hi>populum moneri nè imagines adoret,</hi>
that the people should be warned that they doe not worship images; we
have testimony enough of the Christian doctrine and usages of the best
Men, and the best times.</p>
                     <p>Concerning the Christian doctrine;<note place="margin">36</note> I suppose my self to have said
enough in this Article. But besides the premises there is something pecu<g ref="char:EOLhyphen"/>liar
to be superadded which concernes both Jews and Gentiles, and the unin<g ref="char:EOLhyphen"/>structed
Laity of the Christians.</p>
                     <p>1.<note place="margin">37.</note> Concerning the Jewes I have already made it appear that their re<g ref="char:EOLhyphen"/>ligion
<pb n="351" facs="tcp:58903:204"/>
was perfectly against images: But I have two things to adde which
relate to them: First that in the disputations between the Jewes and Chri<g ref="char:EOLhyphen"/>stian
Doctors in the Primitive Church, they never objected against the Chri<g ref="char:EOLhyphen"/>stians
that they either had images or did worship them: as is evident to them
that read the conference between <hi>Justin Martyr</hi> and <hi>Tryphon;</hi> and in the book
which <hi>Tertullian</hi> wrote against the Jewes, and in diverse other rencontres; in
which the Jew was forward to object all that he could asperse the Christian
withall, and he on the other side as ready to defend his cause. But not one word
in any of them of objection against the Christians in the matter of images, which
is an evident argument, that the use of images was not as yet known to the
Church of the first ages.</p>
                     <p>2. For when the doctrine and manners of the Christians began to be sullied
and degenerate; and she who was a pure Virgin and dear to Christ be<g ref="char:EOLhyphen"/>gan
to fornicate with strange imaginations; the Jew instantly became cla<g ref="char:EOLhyphen"/>morous
and troublesome in the Article; profess'd himself to be scandaliz'd
at the whole religion, and in all disputations was sure to lay it in the Christians
dish. There was a famous Dialogue written a little before the time of the
seventh Synod in which a Jew is brought in, thus speaking to the Christian;
<hi>Scandalizer in vos Christiani quia imagines adoratis: Scriptura quippe ubique
praecipit non facere quenquam sibi sculptile,</hi>
                        <note place="margin">Syn. 7. Act. 5.</note> 
                        <hi>vel omnem similitudinem.</hi> I am
offended at you Christians because ye worship images; whereas the Scripture
every where commands that no man should make to himself any graven image
or the likeness of any thing. Of the same accusation <hi>Leontius</hi> Bishop of
<hi>Cyprus</hi> takes notice in his Apology against the Jews: and that the Jews
make great noises with this accusation of the Christians, and put very much
upon it, we may see in the Epistle of <hi>Ludovicus Carretus,</hi> and the Cateche<g ref="char:EOLhyphen"/>tical
Dialogues of <hi>Fabianus Fiogus.</hi> * But this observation is very remark<g ref="char:EOLhyphen"/>able
out of the Jewish Talmud: For in the first part of it which they call
the <hi>Misna</hi> there is not one word of declamation or reproof against Christians
in the matter of images (as hath been long since observed by learned Men:)
for this was made about two hundred years after Christ, in all which time the
Christians did hate images as much as the Jews did. But in the <hi>Gemara Ba<g ref="char:EOLhyphen"/>bylonicum</hi>
which is the second part of the <hi>Talmud</hi> that is of authority amongst
them, which was finished about five hundred years after Christ, at which
time also images began to be receiv'd in Churches: there and in all the Com<g ref="char:EOLhyphen"/>mentaries
of the Rabbins published in the tenth or eleventh age, the Jews call
the Christian Churches <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap> Beth havoda zara <hi>The house of ido<g ref="char:EOLhyphen"/>latry:</hi>
and it will be impossible that ever they can become Christians so long as
they see images worshipped in our Churches: and the second Comman<g ref="char:EOLhyphen"/>dement
left out of the Catechismes of those with whom especially they
doe converse.</p>
                     <p>That which I am to say concerning Heathens is this:<note place="margin">38.</note> That it is impossi<g ref="char:EOLhyphen"/>ble
that those Christians who worship images of God should distinguish their
manner of worshipping the true God from the manner by which the Hea<g ref="char:EOLhyphen"/>thens
worshipped their Gods. For they did not suppose their images to be
Gods, and therefore they would laugh at the Christians if they had nothing
else to say against them but that God is not a stone, or Mettal polished by
the Ingravers tool. Thus <hi>Arnobius</hi> brings in the Gentiles speaking, <hi>Neque
nos aera, neque auri argentíque materias quibus signa confiunt, Deos esse &amp; reli<g ref="char:EOLhyphen"/>giosa
decernimus esse Numina, sed eos ipsos in his colimus, quos dedicatio infert sacra,
&amp;c.</hi> we doe not think the gold, or the brass, or the silver, of which we make
<pb n="352" facs="tcp:58903:205"/>
our images to be Gods: but in these images we worship them.
<q>
                           <l>Hoc Deus est quod imago docet, sed non Deus ipsa,</l>
                           <l>Hoc videas, sed mente colas quod cernis in ipsa.</l>
                        </q>
The image is not God, but represents him: your eye upon the image and your
mind upon God. <hi>Quis enim alius est nisi si sit planè fatuus, qui haec Deos esse
putet,</hi>
                        <note place="margin">
                           <gap reason="illegible" resp="#TECH" extent="1 span">
                              <desc>〈…〉</desc>
                           </gap>
                        </note> 
                        <hi>non autem Deorum donaria &amp; simulachra:</hi> None but fools (said <hi>Celsus</hi>)
will call them God, which are but images of the Gods: and it is very per<g ref="char:EOLhyphen"/>tinent
which <hi>Lucian</hi> told the Matron, who took it ill that she was complemen<g ref="char:EOLhyphen"/>ted
too high and compar'd in beauty to the Goddesses; <q>I never did (saies
he) Fair Lady, compare you to the Goddesses, but with their images made
by the best workmen of stone, or brass, or ivory. And I doe not think it
impious to compare things with men, if those things are made by Men, un<g ref="char:EOLhyphen"/>less
you will suppose that <hi>Phidias</hi> made <hi>Minerva,</hi> or that to be the Heaven<g ref="char:EOLhyphen"/>ly
<hi>Venus</hi> which a great many yeers agoe <hi>Praxiteles</hi> made at <hi>Cnidus.</hi> But
take heed, for it is an undecent thing to think such things of the Gods,
whose true representations (as I suppose) no Humane industry can make.</q>
The same is to be seen in <hi>Athenagoras</hi>
                        <note n="a" place="margin">Legat. pro Christian.</note>, in <hi>Arnobius</hi>
                        <note n="b" place="margin">L. 6 adv: Gentes.</note>, in <hi>Lactantius</hi>
                        <note n="c" place="margin">L. 2. div. inst. c. 2. in init.</note> S. <hi>Austin</hi>
                        <note n="d" place="margin">De civi<gap reason="illegible" resp="#TECH" extent="1 letter">
                              <desc>•</desc>
                           </gap> Dei l. 8. c. 23. &amp; in Psal. 113. conc. 2. &amp; l. 3. de doctr. Christ.</note>,
and divers others. <hi>Signa ad Junonis sospitae cruore manaver;,</hi> Said <hi>Livy</hi>
                        <note n="e" place="margin">Dec. 3. l. 3.</note>;
The signs (meaning the images in <hi>Juno</hi>'s Temple) did drop bloud: and <hi>Cle<g ref="char:EOLhyphen"/>mens
Romanus</hi>
                        <note n="f" place="margin">Recog. l. 5.</note> brings in the Heathens saying, <q>
                           <hi>We worship visible images to
the Honour of the invisible God;</hi>
                        </q> and they could sometimes laugh at their
Gods whom their Priests expos'd to worship, and yet themselves knew them
to have been a plum-tree.
<q>
                           <l>Olim truncus eram ficulnus, inutile lignum,</l>
                           <l>Cùm faber incertus, scamnum facerétne Priapum</l>
                           <l>Maluit esse Deum: Deus indè ego furum, aviúmque</l>
                           <l>Maxima formido—</l>
                        </q>
It was a great question amongst the Carpenters whether this wood should be a
God or a stool: now they that talk'd thus, knew what that was which their
Mystick persons call'd a God: they were sure they could be but images of
them. So that these Christians who worship God by an image, although
they otherwise sin against the first Commandement then Heathens doe, who
worship false Gods; yet they sin equally against the second Comman<g ref="char:EOLhyphen"/>dement,
and by images transmit worship to their God respectively. I
doe not doubt but the ruder among the Heathens did suppose the very image
to be their God, or that their God did dwell in their Temple, and in their image,
or that a Divine power was communicated to it;
<q>
                           <l>Ut pueri infantes credunt signa omnia ahena</l>
                           <l>Vivere,<note place="margin">Lucil.</note> &amp; esse homines, &amp; sic isti omnia ficta</l>
                           <l>Vera putant: credunt signis cor esse in ahenis.</l>
                        </q>
for some are such very children as to think the woodden Poppet to be a wood<g ref="char:EOLhyphen"/>man:
and therefore when the Prophets discoursed against them in the matter
of images they called them wood and stone, Gold and Silver, and represented
the folly of putting trust in things that had no life, which themselves plac'd
there, which Cats did sit upon and birds build their nests in: but either by these
arguments they did reprove those fools amongst them who did suppose them
to be Gods indeed (who also sinn'd directly against the first Commandement,
and committed idolatry in the object of their worship) or those better Spirits
and wiser heads among them, who though they derided that folly, yet they
put their trust in the images, as supposing them invested with power from
their God, and that by them he would doe them benefit.</p>
                     <p>
                        <pb n="353" facs="tcp:58903:205"/>
3. Now how far differing this is from the practice of Christians in some
times and places, we may guess by the complaints made by learned men, par<g ref="char:EOLhyphen"/>ticularly
by <hi>Cassander,</hi> and <hi>Polydore Virgil,</hi>
                        <note place="margin">Consult. loc. de imagin. De invent. rer. In Decal. parc. 1. c. 66.</note> and <hi>Hesselius</hi> the <hi>Regius Professor</hi> at
<hi>Lovain;</hi> but without the aid of their testimony, it is plain by their publick
and authoriz'd treatment of their images, they consecrate their images, they
hope in them, they expect gifts and graces from them, they clothe them
and crown them, they erect Altars and Temples to them, they kiss them
and bow their head and knee before them, they light up tapers and lamps
to them, which is a direct consumptive sacrifice, <hi>&amp; reliquam observationem
circà eas similiter ut gentes faciunt;</hi> they doe to their images as the Heathens doe
to theirs; they are the words of <hi>Irenaeus</hi> by which he reproves the folly of some
that had got the pictures of <hi>Christ</hi> and <hi>Pythagoras</hi> and other eminent per<g ref="char:EOLhyphen"/>sons:
but that which is most to be reproved and can be less excus'd is their
prayers and forms of dedicating their golden or woodden images; <q>
                           <hi>Sanctifie
ô God this form of the B. Virgin,</hi>
                           <note place="margin">Pontific. Rom.</note> 
                           <hi>that it may bring saving help to thy faithful people,
that thunders and lightnings may be driven away the sooner, that immoderate rains or
flouds,</hi>
                           <note place="margin">Vid. Missal. Rom. sub tit. Der<gap reason="illegible" resp="#TECH" extent="1 letter">
                                 <desc>•</desc>
                              </gap>tu servan.</note> 
                           <hi>and civil warrs or the invasion of Heathens may at the presence of this be sup<g ref="char:EOLhyphen"/>pressed.</hi>
                        </q>
As bad or worse are in the Pontifical in the dedication of an image of
the Cross, and of S. <hi>John,</hi> and at the hallowing the <hi>Agnus Dei.</hi> Now these
things are as bad as can be; and yet done to images (I doe not doubt)
for their sakes whom they represent; but yet with some regard to the image
it self, for so they valew our Lady of <hi>Hales,</hi> our Lady of <hi>Walsingham,</hi>
of <hi>Loretto,</hi> of <hi>Sichem, Aspricollis, Prurietana, Ardilleriana,</hi> more then our
Lady of <hi>Nostredame,</hi> or <hi>Florence,</hi> or S. <hi>Denis.</hi> Now when the relatives
of one terme do differ, it is for themselves that the difference is, not for
the correlative which is still the same: and here for the common people
to discern the niceties and the intricate nothings that their learned Men
have devis'd to put a Vizor upon this folly; is so impossible that it
will not be easie to make them understand the termes though a learned
man were by them at every cringe they make. They cannot tell whether
the worship be to the image or the exemplar; which is prime and which
is secondary; they cannot distinguish of <hi>Latria,</hi> and <hi>dulia,</hi> and <hi>Hyperdulia,</hi>
nor can they skill in proper or improper worship, mediate and immediate, uni<g ref="char:EOLhyphen"/>vocal,
equivocal, and analogical, nor say how much is for this, and how
much for that, or which is simple and which is allayed, which is absolute
and which is reductive. And although men in the Schools, and when they
have nothing to doe but to make distinctions which no body can understand,
can separate word from word, form from matter, real from notional, the
shadow from the body, a dream from a vision, the skin from the flesh, and
the flesh from the bone, yet when they come to action and clothe their the<g ref="char:EOLhyphen"/>oremes
with a body of circumstances, he that attends the present business of
devotion and desire, will not find himself able or at leasure then to distinguish
curiously; and therefore it was well said of <hi>Hesselius</hi> of <hi>Lovain; Images were
brought into use for the sake of the Laity, and now for their sakes they are to be remov'd
again, lest they give divine worship to the image, or fall into the heresie of the An<g ref="char:EOLhyphen"/>thropomorphites;</hi>
(he might have added) or lest by worshipping God by an
image they commit the sin of superstition and idolatry, breaking the second
Commandement. For the same folly which in the Heathens was reprov'd by
the Primitive Christians, the same is done now adayes by Christians to their
images. I shall conclude this with a story out of an Italian who wrote commen<g ref="char:EOLhyphen"/>taries
of the affairs of <hi>India:</hi>
                        <note place="margin">Pietro <gap reason="illegible" resp="#TECH" extent="1 word">
                              <desc>〈◊〉</desc>
                           </gap> Hist. delle Ind<g ref="char:punc">▪</g> l. 20. c. 11.</note> when the poor Barbarians of <hi>Nova Hispania</hi>
in the Kingdome of <hi>Mexico</hi> had one day of a sudden found their idols taken
<pb n="354" facs="tcp:58903:206"/>
down and broken, they sent four principal persons of their country to <hi>Al<g ref="char:EOLhyphen"/>fonsus
Zuasus</hi> the licentiate who had commanded it; they complaining of the
injury suppos'd also, and told him, they did beleeve it to be done without his
consent or knowledge, as knowing that the Christians had idols and images of
their own, whom they valued, and ador'd and worship'd: and looking up and
espying the image of S. <hi>Sebastian</hi> whom <hi>Alfonsus</hi> had in great veneration hang<g ref="char:EOLhyphen"/>ing
by his bed side, they pointed at him with their finger saying, the same re<g ref="char:EOLhyphen"/>gard
which he had to the image of S. <hi>Sebastian,</hi> the same they had to theirs.
The Governour being troubled with this quick and not barbarous discourse;
turn'd him about a little, and at last told them, that the Christians did not wor<g ref="char:EOLhyphen"/>ship
images for their own sakes, but as they represented holy persons dwelling
in heavenly places: and to demonstrate that, took down the images of S. <hi>Seba<g ref="char:EOLhyphen"/>stian,</hi>
and broke it in pieces. They replyed that it was just so with them; and
that they were not so stupid to worship the images for their own regards; but
as they represented the Sun and Moon and all the lights of heaven. <hi>Alfonsus</hi>
being yet more troubled, was forc'd to change the state of the question: by
saying that the object was differing though the manner was not, that the Chri<g ref="char:EOLhyphen"/>stians
did by their images pass honour to the great Creator of the world, but
they did it to creatures, to evil Spirits, and false Gods: which was indeed very
true, but it was a removing the question from the second Commandement to
the first: For although in relation to the first the Heathens have the worst of it;
yet as to the second these Christians and the poor Indians were equal: and the
wit of man cannot tell how they differ.</p>
                     <p>But I shall adde this,<note place="margin">40.</note> that though it be impossible to know how the wor<g ref="char:EOLhyphen"/>ship
of God by an image should come into the world; unless it be as <hi>Tertullian</hi>
said of the very art of making images, that it came from the Divel; yet it is
observable that it never prevail'd any where but in a degenerating people. The
Jews at first were pure worshippers of the God of their Fathers, but at any
time when Sathan stood at their right hand and made Israel to sin, then they
would play the fool with images. In the purest times of Christianity they
kept themselves clean from images; but as they grew worse, so they brought
in Superstition, and worship of images, and so it was amongst the Heathens
too. While they kept themselves to the principles of their institution and tra<g ref="char:EOLhyphen"/>dition
which they had from the Patriarchs of Nations who had been taught
by God, and liv'd according to Nature; they worshipped God simply and
purely.
<q>
                           <l>Si Deus est animus—</l>
                           <l>Hic tibi praecipuè pura sit mente colendus.</l>
                        </q>
a pure and immaterial substance is dishonour'd by any worship but that of a
pure and a holy mind; and the ancientest Romans for 170 yeers together wor<g ref="char:EOLhyphen"/>ship'd
without an image, said <hi>Varro;</hi> who addes this judgement of his own, <hi>quod
si adhuc mansisset castius Dii observarentur:</hi> if the same had been still observed;
the Gods had been more purely, more <hi>chastly</hi> worshipped. The word which <hi>Var<g ref="char:EOLhyphen"/>ro</hi>
uses is very proper and according to the stile of Scripture which calls ido<g ref="char:EOLhyphen"/>latrous
worshippings by the name of <hi>fornication.</hi> But <hi>Varro</hi> addes this reason.
<hi>Qui primi simulachra Deorum populis posuerunt eos civitatibus suis &amp; metum dem<g ref="char:EOLhyphen"/>psisse,
&amp; errorem addidisse.</hi> The introduction of images brought in error and
cast out fear,
<q>Stultè verebor ipse cum faciam Deos.</q>
if I worship what I make, I will not fear what I worship. Well and wisely did
he suppose (said S. <hi>Austin</hi>) that the greatness of their Gods might soon become
<pb n="355" facs="tcp:58903:206"/>
despicable by the foolishness of images: and it might reasonably prevail
against the old superstition, to suppose that he who governed all the world
ought to be worshipped without an image. The same testimony we have in
<hi>Plutarch</hi> in the life of <hi>Numa. The Gods had houses and cells but no images, as sup<g ref="char:EOLhyphen"/>posing
it to be impious to express the greatest things by the basest; and knowing that
there is no other way of coming to God but by the mind.</hi>
                     </p>
                     <p>From hence I inferre that neither God nor Nature,<note place="margin">41.</note> neither reason nor
religion brought images into the worship of God; but it was the invention of
superstitious men, or rather of the enemy of Mankind that he might draw
the heart of man from contemplation of the invisible and depress it to low
phantasmes and sensible adherences, to diminish the fear of God, and to pro<g ref="char:EOLhyphen"/>duce
confidencies in dead substances cloth'd with accidents of art; to amuse
the foolish, and to entertain the weakest part of him that is wiser, and that
religion might be capable of tricks and illusions which could not happen to
immaterial and Spiritual worshippings. But that all the reason of the world
is against it; may be the rather presum'd because although the patrons of ima<g ref="char:EOLhyphen"/>ges
offer at some reasons for the use of images in story and ornament and in<g ref="char:EOLhyphen"/>struction;
yet no man pretends to any reasonableness of worshipping God
by a image, or giving Gods due to an image: Some of them say that the
same worship passes from the image unto God, and therefore it is lawful, and
God is not dishonoured: but upon no reasonable account can it be said, that
therefore it is good, that it pleases God, that it promotes his honour, that it
is without danger; and however any man may intend to pass the relative ho<g ref="char:EOLhyphen"/>nour
that way, yet no man hath any warrant that God will accept it, or that
he will endure it, that way; that he will receive his sacrifices most readily when
they are first wash'd (shall I call it? or fould') in the <hi>Borborus,</hi> by the polluti<g ref="char:EOLhyphen"/>ons
and abhominations of images: for that they are called so in Scripture is
evident; but they are never commended there, not one good word of them
is there recorded: but of the worship of them nothing but prohibition and
execration and foul appellatives. There is no necessity of it, no advantage
by it, no man is help'd by it, no command, no licence, no promise, no Scri<g ref="char:EOLhyphen"/>pture
for it; all the religions that ever God did institute are expressly against
it, and to summe up all, it is against the law of Nature: of which I need no
other witnesses but the testimony of all those wise personages who affirme
the two Tables of <hi>Moses</hi> to be moral in every precept excepting that of the
Sabbath,<note place="margin">L. 4, c. 31, 32. de idolatr. L. 3. ad Quirin c. 59. &amp;c. 1. de exhort. Marty. Origen. hom. 8. in Ex. l. 15. contr. Faust, c. 4. &amp; 7.</note> and to be of the law of Nature. So <hi>Irenaeus</hi> expressly: So <hi>Ter<g ref="char:EOLhyphen"/>tullian,</hi>
S. <hi>Cyprian, Origen,</hi> S. <hi>Augustine,</hi> and generally all antiquity. The summe
of all I express in the words of S. <hi>Paul,</hi> 
                        <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>.
<hi>God is not worshipped with mens hands,</hi> that is<g ref="char:punc">▪</g>
with the productions of art and imagination.</p>
                     <p>I conclude that the second Commandement is a Moral and Natu<g ref="char:EOLhyphen"/>ral
precept in the whole body and constitution of it;<note place="margin">42.</note> if the first words of
it be relative to the last; that is, if the prohibition of making images be
understood so as to include an order to their worship: but if these words
be made to be a distinct period; then that period was onely obligatory to the
Jews: and to Christians in equal danger, and under the same reason;
and therefore can also pass away with the reason which was but temporary,
transient and accidental: all the rest retaining their prime, Natural, and
essential obligation.</p>
                     <p>
                        <hi>
                           <pb n="356" facs="tcp:58903:207"/>
Of the Jewish Sabbath, and the Lords day.</hi>
                     </p>
                     <p>There is one instance more in which the Rule is more apparently verifi<g ref="char:EOLhyphen"/>ed;<note place="margin">43.</note>
which I mention'd a little above: and that is the precept of the Sabbath:
which God instituted for many reasons. 1. To be a perpetual memorial of
the Creation, and that God might be glorified in the works of his hands by
the religion of that day. 2. To preserve the memory of their deliverance
from the captivity of <hi>Egypt, Deuter.</hi> 5. 14. and upon the same account to doe
ease and remission <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap> to servants reasonable
and unreasonable.<note place="margin">L <gap reason="illegible" resp="#TECH" extent="1 letter">
                              <desc>•</desc>
                           </gap> c. 4<gap reason="illegible" resp="#TECH" extent="1 letter">
                              <desc>•</desc>
                           </gap>.</note> 
                        <hi>R. Moses Ben Maimon</hi> in his <hi>Moreh Nebochim</hi> affirmes
that the end of the Sabbath is, <hi>Septimam vitae partem homini praestare libe<g ref="char:EOLhyphen"/>ram,
&amp; vacuam à labore &amp; defatigatione, tum conservare &amp; confirmare me<g ref="char:EOLhyphen"/>moriam,
&amp; fidem Creationis Mundi,</hi> that we should spend the seventh part of
our life in ease and rest; and preserve the faith and memory of the Article of
the worlds creation,
<q>
                           <gap reason="foreign">
                              <desc>〈 in non-Latin alphabet 〉</desc>
                           </gap>.<note place="margin">Homer.</note>
                        </q>
because upon the seventh day all things were finish'd: and therefore according
to that of <hi>Linus</hi> cited by <hi>Eusebius,</hi>
                        <q>
                           <l>
                              <gap reason="foreign">
                                 <desc>〈 in non-Latin alphabet 〉</desc>
                              </gap>,</l>
                           <l>
                              <gap reason="foreign">
                                 <desc>〈 in non-Latin alphabet 〉</desc>
                              </gap>.</l>
                        </q>
The seventh day is the day of the worlds Nativity, or the feast of its birth, it
is the chiefest and most perfect of dayes.<note place="margin">S. Aug. l. 4. de Genes. ad li<gap reason="illegible" resp="#TECH" extent="1 letter">
                              <desc>•</desc>
                           </gap>. c. 11.</note> 3. S. <hi>Austin</hi> hath another fancy;
and he intends to offer at no higher rate: <hi>Dici probabiliter potest, observandum
Sabbathum Judae is fuisse praeceptum in umbra futuri quae spiritualem requiem fi<g ref="char:EOLhyphen"/>guraret,
quam Deus exemplo hujus quietis suae fidelibus bona opera facientibus ar<g ref="char:EOLhyphen"/>canâ
significatione pollicebatur.</hi> It may be said probably that the precept of
the Sabbath to the Jews was a type and shadow of that Spiritual rest which
God by his example did by a secret signification promise to the faithful that
did good works. I acknowledge that there is a fair proportion in the sign and
in the thing signified; but whether this was so intended by God, or so under<g ref="char:EOLhyphen"/>stood
by the Jewes is but <hi>probabiliter dictum,</hi> a probable conjecture taken one<g ref="char:EOLhyphen"/>ly
from the Natural similitude of the things.</p>
                     <p>But allowing this: the consequent of all will be;<note place="margin">44.</note> that what was for tem<g ref="char:EOLhyphen"/>porary
reasons established cannot pass an eternal obligation. Concerning which
it is to be observed that those are to be called <hi>temporary</hi> or <hi>transient reasons,</hi> not
onely when the thing ceases to have a being; such as those laws which were to
separate the Jews from the Gentiles, and those which related to the tabernacle,
or the land of their dwelling, or the manner of their sacrifice, or their addres<g ref="char:EOLhyphen"/>ses
to their chief city; for these cease by subtraction of the matter and the na<g ref="char:EOLhyphen"/>tural
abolition of the material cause; because the wall of partition is taken
down; and the law of Ceremonies is abolished, and the people are extermi<g ref="char:EOLhyphen"/>nated
from their Country, and their sacrifices are ceas'd, and their City is de<g ref="char:EOLhyphen"/>stroyed,
and their temple burnt: but that reason also is <hi>transient</hi> and <hi>temporal,</hi>
which in a like instance passes into a greater of the same kind. Thus the deli<g ref="char:EOLhyphen"/>verance
of Israel from the Egyptian bondage, though being a matter of fact
it is eternally true that it was once done, yet it is a temporary transient reason
because all Gods people now rejoice in a greater deliverance and from a bon<g ref="char:EOLhyphen"/>dage
that was infinitely worse; from the slavery of sin, and the powers of
<pb n="357" facs="tcp:58903:207"/>
Hell. And thus also the great reason of the Sabbath, I mean Gods rest
from the works of the Creation is a temporary transient reason; because
there is now a new Creation; <hi>vetera transierunt,</hi> old things are pass'd away
and all things are become new; and the Gospel is <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap> a new Creation,
and our Natures are regenerated and reform'd and made with new principles of
a new life to higher ends then before; and therefore; though the work of
Gods creation is to be remembred and God to be glorified by us in his works,
yet when there is a greater reason, the solemnity must relate to that, and the
lesser duty can be well served by that day which can also minister to the
greater.</p>
                     <p>And therefore we find that something of this very reason is drawn into
the observation of the Lords day,<note place="margin">45.</note> or the first day of the week, by <hi>Justine
Martyr,</hi>
                        <note place="margin">Apol. 2.</note> 
                        <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>.
We ce<g ref="char:EOLhyphen"/>lebrate
conventions or assemblies commonly upon the Sunday, because it is the
first day in which God separated the light from the darkness and made the
world, and on the same day Jesus Christ our Saviour arose from the dead. The
first of these looks more like an excuse then a just reason; for if any thing
of the Creation were made the cause of a Sabbath, it ought to be the end
not the beginning; it ought to be the <hi>rest</hi> not the first part of the work;
it ought to be that which God assign'd, not which man should take by way of
after justification.</p>
                     <p>But in the precept of the Sabbath there are two great things.<note place="margin">46.</note> One was
<hi>the rest,</hi> the other <hi>the religion</hi> of the day. The rest was in remembrance of their
deliverance from <hi>Egypt;</hi> and therefore they kept their first Sabbatick rest up<g ref="char:EOLhyphen"/>on
the very day in which their redemption was completed, that is, as soon as
ever <hi>Pharaoh</hi> and his host were overthrown in the Red sea; and this because
it was external, ritual, National, relative and temporary, abus'd by super<g ref="char:EOLhyphen"/>stition,
and typical of something to come, without all contradiction is so per<g ref="char:EOLhyphen"/>fectly
ceremonial and consequently abrogated, that there can be no greater
wonder then to see some Christians such superstitious observers of the rest of
that day, that they equal even the greatest follies of the Jews; who as <hi>Mun<g ref="char:EOLhyphen"/>ster</hi>
out of the Rabbins observes, thought it unlawful to put an apple to the fire
to be roasted upon that day, and would not pour wine upon Mustardseed, nor
take a clove of garlick from its skin and eat it, nor thought it lawful to
pursue a skipping flea, nor to kill any creeping thing that had variety of se<g ref="char:EOLhyphen"/>xes,
nor to climb a tree lest they break a bough, nor by singing to still the cry<g ref="char:EOLhyphen"/>ing
of a child, nor to play upon the harp, nor by walking on the grass pluck
up a leaf with the shooe. These trifles as they were such which even the Jew
was no waies oblig'd to, so they are infinitely against Christian liberty and the
analogy and wisedome of the Religion.</p>
                     <p>But the Jews say that <hi>Enoch</hi> and <hi>Noah, Abraham</hi> and <hi>Jacob</hi> kept a festival
to God,<note place="margin">47.</note> a memorial of the Creation. If so, yet we find no rest observed by
them, nor any intermission of their journeys; but it is reasonable to beleeve
that by some portions of their time they did specially serve God, as well as by
some actions of their life, and some portions of their estate: and to this it is not
improbable that <hi>Moses</hi> did relate when to the words in <hi>Deuteronomy; Remember
to keep the day of the Sabbaths to sanctifie it</hi> 
                        <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>,
<hi>according as the Lord thy God had commanded thee,</hi> meaning, at the beginning
of the world: But in this part of the precept there was nothing of rest, but
much of holiness and proper sanctification.</p>
                     <p>
                        <pb n="358" facs="tcp:58903:208"/>
Now concerning this the resolutions will be easie;<note place="margin">48.</note> That God should be
serv'd and glorified by us is a part of Natural and essential religion: this can<g ref="char:EOLhyphen"/>not
be done with nothing; there must be bodies, and gifts and places and
time to doe it in: The Patriarchs did bind themselves or were bound by God
to certain circumstances; for that which is indefinite and unlimited, shall
neither be done constantly nor regularly: but since the day of the creations
ending was afterwards made the rule of fixing a day, it is also probable that
that also was the limit and rule for the Patriarchs religious solemnity: This in<g ref="char:EOLhyphen"/>deed
is denyed by S. <hi>Irenaeus</hi> and <hi>Tertullian</hi> and some others, affirming that the
Patriarchs who kept no Sabbath were yet pleasing to God, but because certainly
it was so to the Jews, upon a reason which though it can be involv'd in great<g ref="char:EOLhyphen"/>er,
yet it cannot totally be forgotten; it is more then probable that the
religion of the day must never be forgotten; but God must have a por<g ref="char:EOLhyphen"/>tion
of our time for his service, and the blessing which they were both in
and before the law, to commemorate, must also by implication or else
expressly be remembred.</p>
                     <p>Upon this or some equal account the Primitive Christians did keep the
Sabbath of the Jews;<note place="margin">49.</note> not onely for their complyance with the Jews till the
distinction were confess'd and notorious; but because the moral Religion
which was serv'd by that day was not brought into the religion of the Lords
day as yet; therefore the Christians for a long time together did keep their
conventions upon the Sabbath,<note place="margin">
                           <gap reason="illegible" resp="#TECH" extent="1 letter">
                              <desc>•</desc>
                           </gap> Acts. 15. 21.</note> in which some portions of the law were read *:
and this continued till the time of the Laodicean Councel;<note place="margin">Can. 16. A. D. 364.</note> which also took
care that the reading of the Gospels should be mingled with their reading of
the law: which was in a manner the first publick reasonable essay of uniting the
religion of both dayes into one.</p>
                     <p>At first they kept both dayes with this onely difference that though they
kept the Sabbath,<note place="margin">50.</note> yet it was after the Christian, that is, after the spiritual
manner: in these exuberancies and flouds of religion which overflow'd their
channels, one day of solemnity was not enough: but besides that they by their
Sabbath meetings had entercourse with the Jews in order to their conversion,
and the Jewish Christians in order to the establishment of their religion, they
were glad of all occasions to glorifie God: but they did it without any opi<g ref="char:EOLhyphen"/>nion
of essential obligation; and without the Jewish rest, and upon the ac<g ref="char:EOLhyphen"/>count
of Christian reasons. Of this custome of theirs we find testimony in
<hi>Ignatius,</hi>
                        <note place="margin">Epist. ad Mag.</note> 
                        <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>.
<q>That was
their way of observation of the Sabbath. Let every one of us keep the
Sabbath Spiritually, delighting in the meditation of the law not in the
ease of the body, wondring at the works of God, not in indulging to deli<g ref="char:EOLhyphen"/>cious
banquets, and softer drinkings or dancings that doe not better the
Understanding. </q>So that they kept the Sabbath not as did the Jews; who
as <hi>Munster</hi> affirm'd suppos'd it to be a keeping of the Sabbath if they wore bet<g ref="char:EOLhyphen"/>ter
clothes, or, eat more meat, or drank the richest wines: Idleness and luxu<g ref="char:EOLhyphen"/>ry,
and pride are the worst ceremonies of the religion of the Sabbath: the
proper imployment of that day is religion, which the Jews, and from them
some of the most ancient Christians signified by [<hi>meditation of the law.</hi>]
But then he addes; <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>.
After
<pb n="359" facs="tcp:58903:208"/>
they have kept the Sabbath let every one that loves Christ keep the day of
the Lord: the day of the memorial of his resurrection; which is the Queen
and the Supreme of all other daies: and without further testimony we find
it affirmd in general by <hi>Balsamo</hi> 
                        <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>.
The Sabbath day and the Lords day were almost
in all things made equal by the Holy Fathers and some of them called
them <hi>Brethren:</hi> so <hi>Gregory Nyssen;</hi> some, <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>,
so <hi>Asterius,</hi> an excellent combination or yoke of the
Sabbath and the Lords day:<note place="margin">L. 7. c. <gap reason="illegible" resp="#TECH" extent="2 letters">
                              <desc>••</desc>
                           </gap>.</note> and <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>, so the Canon of the Apo<g ref="char:EOLhyphen"/>stles,
<hi>the feast daies</hi> which <hi>Zonaras</hi> well explicates to the present Sense,
but the Constitutions of S. <hi>Clement</hi> (which is indeed an ancient book)
gives the fullest account of it; <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>.
Let the Sabbath and the
Lords day be kept festival;<note place="margin">L <gap reason="illegible" resp="#TECH" extent="1 letter">
                              <desc>•</desc>
                           </gap>
                        </note> that, because it is the memorial of the Creation,
this of the resurrection: and therefore whereas it is in the Commandement;
sixe dayes shalt thou labour, &amp;c. he saies, that servants are to labour but five
daies: and upon this account it was in the Greek Church especially, and is to
this day forbidden to fast upon the Sabbath and the Lords day.</p>
                     <p>The effect of which consideration is this;<note place="margin">51.</note> that the Lords day did not
succeed in the place of the Sabbath; but the Sabbath was wholly abro<g ref="char:EOLhyphen"/>gated,
and the Lords day was meerly of Ecclesiastical institution. It was
not introduc'd by vertue of the fourth Commandement; because they for
almost three hundred yeers together kept that day which was in that Com<g ref="char:EOLhyphen"/>mandement;
but they did it also without any opinion of prime obligation,
and therefore they did not suppose it moral. But there was together with
the observation of the day a peece of natural religion which was conse<g ref="char:EOLhyphen"/>quently
Moral; that is, a separation of some time for the glorification of
God and the commemoration of his benefits: not that it can be reasonably
thought that the assignation of a definite time can be a moral duty, or that an
indefinite time can be the matter of a Commandement: and therefore I sup<g ref="char:EOLhyphen"/>pose
it to be unreasonable to say, that although the seventh day is not moral:
yet that one day is, or at least that some time be separate is moral; for that one
day in seven should be separate can have no natural, essential and con<g ref="char:EOLhyphen"/>genite
reason, any more then one in ten, or one in six; for as it does not
naturally follow that because God ceased from the Creation on the seventh
day, therefore we must keep that holy-day, so neither could we have known
it without revelation, and therefore what follows from hence must be by po<g ref="char:EOLhyphen"/>sitive
constitution: Now if it be said that it is moral that some time be set
apart for Gods service: I say it is true, that it is necessary, naturally necessary
that it be so, but this cannot be the matter of a special Commandement; be<g ref="char:EOLhyphen"/>cause
it being naturally necessary that God should be solemnly worshipped
this must suppose a time to doe it in, as a natural circumstance, and needs not
a Commandement; which is sufficiently and unavoidably included in the first
Commandement, in which we are bound to serve God with religion. The
fourth Commandement enjoin'd a definite time, but that was ceremonial
and abrogated: but an indefinite time is not a duty of this Commandement,
but suppos'd in that which commands us to worship God. For we may as
well worship God and doe no action, as worship him in no time. The definite
time here nam'd is taken away, and the indefinite time cannot be a distinct du<g ref="char:EOLhyphen"/>ty,
but yet in imitation of the reasonableness and piety of that law, and in
commemoration of a greater benefit then was there remembred, a day of
<pb n="360" facs="tcp:58903:209"/>
more solemne Religion was us'd by the Christian Church; for as on the
the Jewish Sabbath they remembred the Creation and their redemption from
Egypt: so on the Lords day they commemorated the works of God, and their
redemption from Sin, Hell and the Grave: but the first reason was to yeeld
to the second; as the light of a lesser star falls into the glories of the Sun,
and though it be there yet it makes no show, because a bigger beauty fills up
all the corners of the eyes and admiration: and now the Lords day hath
taken into it self all the Religion but not the Rest of the Sabbath; that is,
it is a day of solemn worshipping of God and of remembring his blessings,
but not of rest save onely as a vacancy from other things is necessary for our
observation of this: because as the Italians say, <hi>Io non pua cantare &amp; portare la
Croce,</hi> I cannot sing and carry the Cross too; a man cannot at once attend to
two things of contrary observation.</p>
                     <p>That we are free from the observation of the Sabbath S. <hi>Paul</hi> expressly
affirmes;<note place="margin">52.</note> adding this reason, feasts, new moons, and Sabbath daies, and
meats and drinks are but <hi>the shadow of things to come,</hi>
                        <note place="margin">Coloss. 2. 16.</note> 
                        <hi>but the body is of Christ:</hi>
Where by the way let it be observ'd that upon the occasion of this and some
other like expressions the Christians have suppos'd that all the rites of <hi>Moses</hi>
were types and figures of something in Christianity, and <hi>that some mystery of
ours must correspond to some rite of theirs:</hi> this fancy makes some impertinencies
in the discourses of wise men, and amuses and entertains the Understandings of
many with little images of things which were never intended, and hath too
often a very great influence into doctrines: whereas here the word <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>
[The shadow of things to come] means, a shadow in respect of the
things to come, that is, if these rituals be compared to the <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>, those
things which were to come, they are but very shadows, and nothings: <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap> or
shadow signifies not in relation but in opposition to <hi>Corpus. The shadow,</hi> that is,
a religion consisting but in rituals and exterior solemnities; but Christianity
is <hi>the body,</hi> that is, that durable, permanent, true and substantial religion which
is fit for all men, and to abide for all ages: And therefore <hi>Hesychius</hi> by <hi>Corpus
Christi</hi> in this place understands the word of <hi>doctrine:</hi> that is, a religion which
consists in wise notion, <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap> in truth, not in external rituals that signi<g ref="char:EOLhyphen"/>fied
nothing of themselves, but something by institution. Others by [<hi>the body
of Christ</hi>] here, understand <hi>the Christian Church:</hi> in which sense the word is us'd
by S. <hi>Paul</hi> to the Corinthians;<note place="margin">1. Cor. 12. 17.</note> and in this very place it means so if the words
be read as some Greek copies doe, that is, with conjunction and reference to
the next verse: <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>, &amp;c. <hi>Let
no man make a gain of you who are the body of Christ.</hi> However that S. <hi>Paul</hi>
affirms the customs of the Pythagoreans in abstinence from flesh and wine; and
of the Jews in their feasts and Sabbaths to be no fit matters in which men are
to be judg'd, that is, for the not observing of which they are to be condemned,
but to be shadows and umbrages, not substantial parts of religion, is evident
by the antithesis however it be understood: but in order to other purposes I
observed here that he does not mean they are <hi>types</hi> and figures; for the Pytha<g ref="char:EOLhyphen"/>gorean
vanities did never pretend to this, but they and the other too are but
shadows, empty and unprofitable in respect of the religion which Christ
brought into the world. They were ineffective and insignificative; but onely
present Entertainments of their obedience, and divertisements and fi<g ref="char:EOLhyphen"/>xings
of their thoughts apt to wander to the Gentile Customes; but no<g ref="char:EOLhyphen"/>thing
of Natural religion.</p>
                     <p>
                        <pb n="361" facs="tcp:58903:209"/>
Now although the primitive Christians did also meet publikely upon the
Jewish Sabbaths,<note place="margin">53.</note> yet that they did it not by vertue of the fourth Commande<g ref="char:EOLhyphen"/>ment
appears because they affirm'd it to be ceremonial and no part of the Mo<g ref="char:EOLhyphen"/>ral
law, as is to be seen in <hi>Irenaeus, Tertullian, Origen,</hi> S. <hi>Cyprian</hi> and others before
quoted: numb. 41. And in the Councel of <hi>Laodicea</hi> the observation of the
Jewish Sabbath which till that time had continued amongst Christians was ex<g ref="char:EOLhyphen"/>pressly
forbidden: <hi>Non oportet Christianos Judaizare &amp; in Sabbato vacare, sed
operari eos in eadem die,</hi>
                        <note place="margin">Can. 29.</note> 
                        <hi>Dominicam praeponendo eidem diei. Si hoc eis placet, va<g ref="char:EOLhyphen"/>cent
tanquam Christiani, Quòd si inventi fuerint Judaizare, anathema sint.</hi> Chri<g ref="char:EOLhyphen"/>stians
must not keep the rest of the Sabbath, but work upon that day, prefer<g ref="char:EOLhyphen"/>ring
the Lords day before it. If they will rest on that day let them rest as
Christians; but if they rest as Jews let them be accursed: that is, if they will
keep the day holy, let them sanctifie it as Christians should sanctifie their day,
that is, onely with such a rest as ministers to the opportunities of religion, not
so as to make the rest to be the religion of the day.</p>
                     <p>The Jewish Sabbath being abrogated;<note place="margin">54.</note> the Christian liberty like the Sun
after the dispersion of the clouds appear'd in its full splendor; and then the
divisions of dayes ceas'd, and one day was not more holy then another,<note place="margin">Gal. 4. 10.</note> as S.
<hi>Paul</hi> disputes in his epistle to the <hi>Galatians,</hi> and from him S. <hi>Hierom;</hi> and when
S. <hi>Paul</hi> reprov'd the <hi>Corinthians</hi> for going to law before the unbeleevers,<note place="margin">In hunc locum</note> who
kept their Court-dayes upon the first day of the week, he would not have
omitted to reprove them by so great and weighty a circumstance as the pro<g ref="char:EOLhyphen"/>phaning
the Lords day; in case it had been then a Holy day, either of Divine
or Apostolical institution: for when afterward it grew into an Ecclesiastical
law, and either by law or custome was observed together with the Jewish Sab<g ref="char:EOLhyphen"/>bath,
<hi>Constantine</hi> made a favourable edict that the Christians should not be
impleaded on those two festivals.<note place="margin">Apud Euseb.</note> Of which I onely make use to this purpose,
that among the Gentiles these were law-daies; and therefore the Corinthians
must needs have been prophaners of that day by their law-suits, and therefore
have been upon that account obnoxious to the Apostolical rod; if the day had
then in any sense of authority been esteemed holy.</p>
                     <p>But although there was no holiness in any day;<note place="margin">55.</note> yet they thought it fit
to remember the great blessings of God which were done upon certain dayes.
An action cannot be separated from time; it must be done some day or other,
and most properly upon the Anniversary, or the monethly, or weekly minds,
but yet this they did with so great indifferency of observation, that it cannot
look less then that there was a providence in it. For although all the Christi<g ref="char:EOLhyphen"/>an
Church that kept the Sunday festival, did it and profess'd to doe it in re<g ref="char:EOLhyphen"/>membrance
of the Resurrection of our Lord, yet that the day of its memory
was not more holy then any day, and was not of necessary observation; it ap<g ref="char:EOLhyphen"/>pears
by the Easterne Churches and all the Disciples of S. <hi>John</hi> who kept the
feast of the Resurrection of our Lord, I mean the Anniversary, the Great,
the prime feast, and that which was the measure of all the rest, not upon that
day of the week on which Christ did rise, but one the day of the full Moon,
when ever it should happen. Now this must needs be a demonstration, that
the day of the resurrection was not holy by Divine or Apostolical institution:
The memory of the blessing was to be eternal; and though the returning day
was the fittest circumstance, yet that was without obligation; for if the prin<g ref="char:EOLhyphen"/>cipal
was mutable, then the less principal could not be fix'd, and this was well
observed by S. <hi>Austin;</hi>
                        <note place="margin">Contr. Adam. Man. c. 16.</note> 
                        <hi>Hoc in iis culpat Apostolus, &amp; in omnibus qui serviunt
<pb n="362" facs="tcp:58903:210"/>
Creaturae potius quàm Creatori. Nam nos quoque &amp; Dominicam diem &amp; Pascha
solenniter celebramus; sed quia intelligimus quò pertineant, non tempora observa<g ref="char:EOLhyphen"/>mus,
sed quae illis significantur temporibus.</hi> 
                        <q>He first esteemed it to be a serving
the Creature more then the Creator to observe any day as of divine institu<g ref="char:EOLhyphen"/>tion;
but then if it be objected that we also observe the Lords day and
the feast of Easter; he answers, It is not the day we keep, but we re<g ref="char:EOLhyphen"/>member
the things done upon that day. For the day is indifferent, and
hath no obligation.</q> God himself declar'd his dislike of the Religion or diffe<g ref="char:EOLhyphen"/>rence
of daies,<note place="margin">
                           <gap reason="illegible" resp="#TECH" extent="2 letters">
                              <desc>••</desc>
                           </gap>i. <gap reason="illegible" resp="#TECH" extent="1 letter">
                              <desc>•</desc>
                           </gap>6. 23.</note> by an Evangelical Prophet: and what God the Father did then
sufficiently declare, his Holy Son finished upon the Cross; and his Apostles
published in their Sermons: onely <hi>such dayes are better circumstanc'd, but
not better daies.</hi> The same is affirm'd by S. <hi>Hierome</hi> upon the fourth
chapter the Galatians.</p>
                     <p>But now that we are under no Divine law or Apostolical Canon,<note place="margin">56.</note> con<g ref="char:EOLhyphen"/>cerning
the Lords day; we may with the more safety inquire concerning
the Religion with which it was accidentally invested. S. <hi>Cyprian</hi> and S. <hi>Au<g ref="char:EOLhyphen"/>stin</hi>
suppose that because Circumcision was commanded to be on the eighth
day,<note place="margin">Ep<g ref="char:punc">▪</g> 59. ad. Fid. <gap reason="illegible" resp="#TECH" extent="1 word">
                              <desc>〈◊〉</desc>
                           </gap> 119. ad Januar. Can. 13.</note> it did typically represent the Lords day, which is the eighth from the
Creation: The Councel of <hi>Foro-Julium</hi> saith, that <hi>Isaiah</hi> prophecyed of this
day; and that the Jewish Sabbath was the type of this day, was the doctrine
of the Fathers in the Councel of <hi>Matiscon. This is the day which the Lord hath
made;</hi>
                        <note place="margin">Can. 1.</note> said the Psalmist, as he is expounded by <hi>Arnobius</hi> and divers other:
<hi>Exultemus &amp; laetemur in eo,</hi>
                        <note place="margin">In Psal. 118.</note> 
                        <hi>qui à lumìne vero nostras tenebras fugaturus illuxit;
nos ergo constituamus diem Dominicam in frequentationibus usque ad cornua altaris.</hi>
                        <q>Let us rejoice and be glad in it, because the Sun of righteousness dispersing
the clouds of darkness hath on this day shin'd upon us: Let us therefore keep
the Lords day in solemn assemblies even unto the hornes of the altar.</q> Up<g ref="char:EOLhyphen"/>on
this day Christ finish'd the work of our redemption which was greater then
the cessation from creating the world; on this day he rose again for our justi<g ref="char:EOLhyphen"/>fication,
and therefore this is called by S. <hi>Ignatius The Queen of daies;</hi> upon this
day Christ twice appear'd to his Apostles after the resurrection; upon this
day S. <hi>Paul</hi> appointed the collection for the poor,<note place="margin">1 Co<gap reason="illegible" resp="#TECH" extent="1 letter">
                              <desc>•</desc>
                           </gap>. 10. 2.</note> and consequently enjoin'd
or suppos'd the assemblies to be upon this day: upon this day the Holy Ghost
descended upon the Apostles; and on this day S. <hi>Peter</hi> preach'd that operative
Sermon which won three thousand Souls to the Religion: on this day S. <hi>John</hi>
was in extasie and saw strange revelations:<note place="margin">Apoc. 1. 1<gap reason="illegible" resp="#TECH" extent="1 letter">
                              <desc>•</desc>
                           </gap>.</note> so that it is true what <hi>Justin Martyr</hi>
said, <hi>Our B. Lord himself changed this day;</hi> that is, by annulling the Sabbath
and by his resurrection and excellent appearances and illustrations upon that
day; not by precept, but by indigitation and remarking that day by signal
actions and an heap of blessings; so that it is no wonder that S. <hi>Cyprian</hi> and
S. <hi>Leo,</hi> S. <hi>Ignatius</hi> and S. <hi>Austin,</hi> the <hi>Councels of Laodicea, Matiscon</hi> and
<hi>Foro-Julium,</hi> of <hi>Palestine</hi> and <hi>Paris</hi> speak so much of the advantages and
prerogatives of this day, the celebration of which was so early in the
Christian Church that it was, though without necessary obligation, or
a law, observed in all ages and in all Churches. It is true that <hi>Socra<g ref="char:EOLhyphen"/>tes</hi>
said; <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>;
<hi>It was the purpose of the Apostles to make no laws concerning
Festival dayes:</hi> but it is also very probable what one said; that it
descends from Apostolical institution, <hi>Servatâ tamen libertate Christianâ,</hi>
that is, the Apostles did upon the Lords day often meet, break bread, and ce<g ref="char:EOLhyphen"/>lebrate
the memory of Christ; and by their practice recommended the day as
<pb n="363" facs="tcp:58903:210"/>
the most fitted for their <hi>Synaxes</hi> or Conventions; but they made no law, im<g ref="char:EOLhyphen"/>posed
no necessity, but left the Church to her Christian Liberty, and yet (that
I may use the words of the Fathers in the Councel of <hi>Matiscon) justum est ut
hanc diem celebremus per quam facti sumus quod non fuimus,</hi> It is fit we
celebrate this day because of the blessing of the resurrection happening on this
day by which we became that which before we were not.</p>
                     <p>
                        <hi>Quest.</hi>
                     </p>
                     <p>AND now if it be inquired how we are to celebrate this day?</p>
                     <p>I answer;<note place="margin">57.</note> That we are sufficiently instructed by those words of the <hi>Lao<g ref="char:EOLhyphen"/>dicean
Councel; vacent tanquam Christiani:</hi> there is a certain rule and measure
by which Christians keep their Festivals. The Jewish manner was a perfect
rest: The Christian manner is an excellent religion and devotion; but no rest
excepting such a rest as ministers to religion: Abstinence from such works,
which if we attend to, we cannot attend to the religion that is commanded, is
essentially necessary, when the keeping of the day religiously and solemnly be<g ref="char:EOLhyphen"/>comes
necessary. There are also some corporal works which are proper cele<g ref="char:EOLhyphen"/>brations
of the day, or permitted in all religions upon their Festivals: such
as are acts of publike or private benefit: works of necessity, little things, and
unavoidable; which are sometimes express'd in this verse,
<q>Parva, necessarium, res publica, res pia fratri.</q>
Among the old Romans in their most solemn festivals some things were speci<g ref="char:EOLhyphen"/>ally
permitted,
<q>
                           <l>Quippe etiam fest is quaedam exercere diebus</l>
                           <l>Fas &amp; jura sinunt:<note place="margin">Macrob.</note> rivos deducere nulla</l>
                           <l>Religio vetuit, segeti praetendere sepem,</l>
                           <l>Insidias avibus molirì, incendere vepres,</l>
                           <l>Balantúmque gregem fluvio mersare salubri.</l>
                        </q>
It was lawful to turn the water lest it might do mischief, or that it might doe
good; to stop a gap in a hedge, to prevent a trespass, to lay snares for birds, to
water the cattel, to burne weeds: and no religion forbids things of this Nature.</p>
                     <p>But besides the laws and practices of Heathens in the Natural religi<g ref="char:EOLhyphen"/>on
and observation of festivals;<note place="margin">58.</note> we may be instructed by the same religion
amongst the Jews and Christians: Reading and meditating the law was the
relgion of the Jews upon their feasts and Sabbaths: <hi>Moses of old hath them that
preach him in every city being read in the Synagogues every Sabbath day;</hi>
                        <note place="margin">Acts 15. 21. V. Act. 13. et. 14. 27. 44. Luk. 4 16 31, &amp; 13. 10.</note> said S.
<hi>James.</hi> 
                        <q>They met <gap reason="foreign">
                              <desc>〈 in non-Latin alphabet 〉</desc>
                           </gap>, as <hi>Philo</hi> calls their Synagogues, and they
heard <hi>Moses</hi> and the Prophets read and expounded: there they did all the
actions of Natural religion; there they taught piety and holiness, justice
and government, Oeconomical and Political affairs; and the measures of
things good and bad and indifferent; and though in their Synagogues the
exposition and meditation of the law was their principal imployment; yet
in their Tabernacle and in their Temple which were their places of worship,
they offer'd sacrifice and sang hymnes and praises and glorifications of God.</q>
This was the duty and the Religion of their Sabbath; not as it was a special
separate feast; but because this was the imployment fitted for all spiritual and
religious feasts whatsoever.
<q>
                           <l>Sancta dies oritur, linguísque animíaque favete,</l>
                           <l>Hoc dicenda bono sunt bona verba die.</l>
                        </q>
                        <pb n="364" facs="tcp:58903:211"/>
All holy dayes are dayes design'd for holy offices, for the celebration of the
Divine name and the Divine Attributes; for charitable and holy discourses.
That rest which God superadded, being onely commemorative of their
deliverance from the Egyptian servitude, was not moral, nor perpetual;
it could be dispensed with at the Command of a Prophet; it was dispens'd
with at the Command of <hi>Joshuah,</hi> it was broken at the siege of <hi>Jericho,</hi>
it alwaies yeelded when it clash'd with the duty of any other Commande<g ref="char:EOLhyphen"/>ment;
it was not observ'd by the Priests in the Temple, nor in the
stalls by the Herds-man, nor in the house by the <hi>major domo;</hi> but they
did lead the oxe to water, and circumcis'd a Son; that is, it yeelded to
charity and to religion, not onely to a moral duty but to a Ceremonial;
and therefore could not oblige us: But that which remain'd was imitable, the
natural religion which was us'd upon the Jewish festivals was fit also for
the Holy dayes of Christians.</p>
                     <p>And this also plainly was the practice of the Christians,<note place="margin">59.</note> and bound up<g ref="char:EOLhyphen"/>on
them by the command of their Superiors. 1. It was not <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>
as S. <hi>Ignatius</hi> expressly affirmes;<note place="margin">Ep<gap reason="illegible" resp="#TECH" extent="1 letter">
                              <desc>•</desc>
                           </gap>ad Magn<gap reason="illegible" resp="#TECH" extent="2 letters">
                              <desc>••</desc>
                           </gap>.</note> the rest of the body is no essential duty of
the Christian festivals: that was a Judaical rite; but the Christian is bound
to labour, even upon that day; saies that holy Martyr: for then there had
been no positive inhibition. And the Primitive Christians did all manner of
works upon the Lords day; even in the times of persecution when they are
the strict est observers of all the Divine Commandements: but in this they
knew there was none:<note place="margin">L. omnes c. de fer<gap reason="illegible" resp="#TECH" extent="1 letter">
                              <desc>•</desc>
                           </gap>is.</note> and therefore when <hi>Constantine</hi> the Emperor had made
an edict against working upon the Lords day; yet the excepts and still permit<g ref="char:EOLhyphen"/>ted
all agriculture or labours of the Husbandman whatsoever: for <hi>God regard<g ref="char:EOLhyphen"/>eth
not outward cessation from works more upon one day then another,</hi> as S. <hi>Epi<g ref="char:EOLhyphen"/>phanius</hi>
disputes well against the <hi>Ebionites</hi> and <hi>Manichees.</hi>
                     </p>
                     <p>Thus far was well enough when the Question was concerning the sense
and extent of a Divine Commandement;<note place="margin">60.</note> labour is a Natural duty, but to sit
still or not to labour upon a whole day is no whereby God bound upon Chri<g ref="char:EOLhyphen"/>stians.</p>
                     <p>2.<note place="margin">61.</note> It was not <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>, but it is <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>, and <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>,
so the same Father:<note place="margin">Ibidem.</note> The meditation and exercise of the word of
God, and admiring the works of God, that was the work of Christian festi<g ref="char:EOLhyphen"/>vals:
and that they might attend this, they were commanded to abstain from
servile works more or less, these or others respectively in several times and
places.<note place="margin">Apol. 2.</note> This we find in <hi>Justin Martyr</hi> speaking of the Christian Sabbath and
<hi>Synaxes;</hi> 
                        <q>the Citizens and Countrymen are assembled together, and first
are read the Scriptures of the Prophets and Apostles; then the Priest or
President makes a Sermon or exhortation to them to practice what they
heard read, then all goe to prayers, after this they receive the Holy Eucha<g ref="char:EOLhyphen"/>rist,
then they give almes to the poor.</q> This is the manner of the Christian
festivity. Now what cessation from the secular workes is necessary in order
to the actions of religion; all that we may suppose to be accidentally the
duty also of the day.<note place="margin">L. 11. ep. 3.</note> To this purpose is that saying of S. <hi>Gregory; Dominico
die á labore terreno cessandum est, atque omni modo orationibus insistendum, ut si
quid negligentiae per sex dies agitur per Diem resurrectionis Dominicae precibus ex<g ref="char:EOLhyphen"/>pietur.</hi>
                        <q>On the Lords day we must cease from worldly labour, and by all
means persevere in prayer: that whatsoever in the six dayes was done amiss
may be expiated by the prayers of the seventh, the day of the Lords re<g ref="char:EOLhyphen"/>rection.</q>
                        <pb n="365" facs="tcp:58903:211"/>
In the Synod at <hi>Tours</hi> in <hi>France;</hi> the Religion of this day was
also strictly injoin'd. <hi>Oportet Christianos in laude Dei &amp; gratiarum actione usque
ad vesperam perseverare.</hi> Christians must persevere in praising God and giving
thanks to his holy Name untill the Evening: that is, untill the Evening song
be finished, for then the Ecclesiastical solemnity is over: They who were
tied to this long office, could less be permitted to doe any secular business,
and according as the piety of the Church increased, so the prohibitions of
labour were the more strict; for that which was wholly relative must increase
and diminish according to the diminution or inlargement of the correspon<g ref="char:EOLhyphen"/>dent.
<hi>Constantine</hi> forbad all labour but the labours of Husbandry: but af<g ref="char:EOLhyphen"/>firmes
the Lords day to be the fittest for dressing or setting of Vines, and
sowing Corne.<note place="margin">L. omnes 3. Cod. de feriis<g ref="char:punc">▪</g> Can. 21,</note> 
                        <hi>Leo</hi> and <hi>Anthemius</hi> Emperors forbad all publick pleasures,
vexatious suites or actions, arrests, and law-daies, appearances in Courts, ad<g ref="char:EOLhyphen"/>vocations
and legal solemnities on the Lords day. The third Councel of
<hi>Orleans</hi> permitted waggons, and horses and oxen to travel upon Sundaies, but
forbad all husbandry that the men might come to Church. In an old Synod
held at <hi>Oxford</hi> I find that on the Lords day <hi>Conceduntur opera carrucarum &amp;
agriculturae;</hi> and I find the like in an old injunction of Queen <hi>Elisabeth,</hi> Corn
may be carried on Sundaies when the Harvest is unseasonable and hazardous.
In these things there was variety; sometimes more sometimes less was per<g ref="char:EOLhyphen"/>mitted.
Sometimes fairs and markets, sometimes none: In which that which
we are to rely upon is this;</p>
                     <p>1. That because it was a day of Religion; onely such things were to be
attended to, which did not hinder that solemnity which was the publick reli<g ref="char:EOLhyphen"/>gion
of the day.</p>
                     <p>2. Nothing at all to be admitted which was directly an Enemy to religion,
or no friend.</p>
                     <p>Of the first I have already produc'd sufficient witness. Of the second there
is the less doubt, not onely because Natural reason does abhorre all irreligious
actions especially upon a day of religion; but because all the pious men and
law givers of the Christian Church have made complaints and restraints re<g ref="char:EOLhyphen"/>spectively
of all criminal or scandalous actions upon that day. Witness S.
<hi>Ignatius</hi> in his Epistle to the Magnesians, <hi>Tertullian apolog. c.</hi> 42. S. <hi>Gregory</hi>
in his Epistle to <hi>Augustin</hi> Arch-bishop of <hi>Canturbury;</hi> and S. <hi>Augustin</hi> Bishop
of <hi>Hippo,</hi> in his 64 Epistle to <hi>Aurelius;</hi> the 23 Canon of the Councel of <hi>To<g ref="char:EOLhyphen"/>ledo,</hi>
the edict of <hi>Leo</hi> and <hi>Anthemius,</hi> all which complain of and forbid the
evil usages of the prophaner men who spend the Lords day, which by the
Church of God and in imitation of God himself and in celebration of the
greatest Mystery of our redemption was appointed for the solemn service of
God, in riotous eating and immoderate drinkings, vain feastings, and wanton
dancings, Enterludes and Songs, as if they intended to verifie the scoff of
<hi>Rutilius,</hi>
                        <q>
                           <l>Septima quaeque dies turpi damnata Veterno,<note place="margin">In Itinerat.</note>
                           </l>
                           <l>Ut delassati turpis imago Dei.</l>
                        </q>
and that the rest of the day did represent God to have been weary, but there<g ref="char:EOLhyphen"/>fore
was designed for wine and the licentiousness of his servants.</p>
                     <p>3. The rest of the day was so wholly for the ends of religion, so meerly
relative to the publick services of the Church, so nothing of the proper and ab<g ref="char:EOLhyphen"/>solute
duty of the day, that the Fathers of the Church affirme it to be better
to work then upon that day to be idle and do nothing.<note place="margin">L. de decem chordis. c. 3.</note> So S. <hi>Austin</hi> expressly;
<hi>meliùs faceret …. in agro suo aliquid utile quam si in agro otiosus existeret: &amp;
<pb n="366" facs="tcp:58903:212"/>
meliùs faeminae eorum die Sabbati lanam facerent quàm quae totâ die in neomeniis
suis publicè saltarent.</hi> To doe something that is profitable in the field is better
then to sit there idle, and to spin is beter then to dance.</p>
                     <p>4. In those places where the offices of the Church are not expensive of
the whole day, it is lawful to doe (upon just cause) any work that is not for<g ref="char:EOLhyphen"/>bidden
by our Superiors, or scandalous to our Brethren; in those portions of
the day which are unimployed: and to deny this is called perverseness and
contrary to faith, <hi>cap. perven. de Consecr. dist.</hi> 3. <hi>Quidam perversi Spiritûs homi<g ref="char:EOLhyphen"/>nes
pravainter vos aliqua, &amp; Sanctae fidei adversa seminarunt, ità ut die Sabbati
aliquid operari prohiberent.</hi> They that forbid all manner of work as unlawful
by Divine law upon the Sabbath are <hi>praedicatores Antichristi,</hi> preachers of
Antichrist: for he when he comes (saies S. <hi>Gregory) diem Sabbathi at<expan>
                              <am>
                                 <g ref="char:abque"/>
                              </am>
                              <ex>que</ex>
                           </expan> Domi<g ref="char:EOLhyphen"/>nicum
ab omni faciet opere custodiri:</hi> shall forbid all working upon the Sabbath
<hi>and the Lords day.</hi>
                     </p>
                     <p>5. The Lords day being set apart by the Church for Religion ought to be
so imployed as the laws of the Church enjoin; and no otherwise; and al<g ref="char:EOLhyphen"/>though
it were an act of piety (not onely to attend to publick offices, but
even) to attend to especial and more frequent private devotions on that day
then others, yet this is without all obligation from the Church; concerning
whose intention to oblige we can no waies presume but by her words and laws
when she hath declar'd her self.</p>
                     <p>6. The question concerning particular works, or permitted recreations is
wholly useless and trifling: for <hi>quod lege prohibitoriâ vetitum non est, permissum
intelligitur,</hi> saies the law: all that is permitted which in the Negative precept
is not forbidden: but as for some persons to give themselves great liberties
of sport on that day is neither pious nor prudent; so to deny some to others
is neither just nor charitable. The plowman sits still in the Church and the
Priest labours; and the wearied man is permitted to his refreshment, and
others not permitted because they need it not;<note place="margin">Gloss. ordinar. in 28. Matth.</note> and there is no violation of
any Commandement of God, even when there is a prophanation of the day in<g ref="char:EOLhyphen"/>dulged
upon pious and worthy considerations.</p>
                     <p>I end this with the words of <hi>Gerson:</hi>
                        <note place="margin">62.</note> 
                        <hi>Quilibet eo die abstineat ab omni la<g ref="char:EOLhyphen"/>bore
aut mercatione aut alio quovis laborioso opere secundum ritum &amp; consuetudinem
patriae,</hi>
                        <note place="margin">In Decal.</note> 
                        <hi>quam consuetudinem Praelatus Spiritualis illius loci cognoscens non prohibet;
quòd si aliqua super tali consuetudine dubietas occurrat, consulat superiores:</hi> 
                        <q>Up<g ref="char:EOLhyphen"/>on
the Lords day we are to abstain from all merchandizes or other laborious
work according to the Custome and law of the Country: provided that
the Bishop knowing of any such custome doe not condemne it: and if
there be any doubt concerning it, let him inquire of his Superiors.</q> In all
these cases, <hi>Custome</hi> and the <hi>Lawes,</hi> the <hi>analogy of the Commandement,</hi> and
the <hi>designes of piety, Christian liberty,</hi> and <hi>Christian Charity</hi> are the best
measures of determination.</p>
                     <p>I have now done with the two great exceptions which are in the De<g ref="char:EOLhyphen"/>calogue,<note place="margin">63.</note>
and are not parts of the Moral law. All the rest are Natural pre<g ref="char:EOLhyphen"/>cepts
of Eternal obligation; and are now also made Christian by being re<g ref="char:EOLhyphen"/>peated
and renewed by Christ, and not onely left in their prime, Natural ne<g ref="char:EOLhyphen"/>cessity,
but as they are expounded into new instances of duty, so they put on
new degrees of obligation.</p>
                     <p>As a supplement to this Rule,<note place="margin">64.</note> and in explication of many emergent
<pb n="367" facs="tcp:58903:212"/>
Questions concerning the Matter of the Divine Laws, and their respective
obligations, it will be useful to enumerate the signs and characteristicks by
which we can without error discerne which Precepts are Moral, and which
are not: for this is a good and a general instrument and Rule of Conscience
and useful in many particulars.</p>
                     <p>
                        <hi>The measures of difference to discerne between Moral precepts
and precepts not moral in the all laws of God.</hi>
                     </p>
                     <p>1.<note place="margin">65.</note> All Moral laws are such whose prime and immediate Measures are
Natural reason: but of precepts not Moral the reasons may be oeconomical
or Political, some emergency of state or accident, a reason that passes away
or that is introduc'd by a special blessing or a special caution, a personal dan<g ref="char:EOLhyphen"/>ger,
or the accidents of conversation. That we should obey our Parents is
a Moral law. This we know, because for this we naturally and by our very
Creation, and without a Tutour have many reasons, and see great neces<g ref="char:EOLhyphen"/>sities
and find abundant usefulness. For whoever is in need cannot be
releeved but upon such conditions as they who are to releeve them will
impose upon them: Love and obedience are but gratitude and necessity;
because all children are imperfect and helpless persons; living upon the
love and care of Parents and Nurses: they derive their Natures and their
birth, their education and maintenance from them, that is, they owe to them
all that for which any Man can be obeyed and loved; they have on them
all the marks and endearments of love and fear; they are in respect of
their children useful and powerful, better in themselves, and benefici<g ref="char:EOLhyphen"/>al
to their descendants; and therefore the Regal power is founded upon
the Paternal.
<q>
                           <gap reason="foreign">
                              <desc>〈 in non-Latin alphabet 〉</desc>
                           </gap>.</q>
And unless where God did speak by express voice, he never did speak more
plainly, or give power to one man over another so plainly as to Parents over
their Children; their power is the fountain of all other, and the measure of
all other; it hath in it the end and usefulness of all Government, it hath
love and it hath caution, it is for the good of the Subjects; and though it
keeps the honour in it self yet the advantage ever passeth on to others:
And then if we consider that children are a part of their Parents, that
the Parents are bless'd and curs'd in them, that there is in them toward their
children a Natural affection, that the little image of immortality in which
Men desir'd to last for ever is supplied to them by succession, which preserves
their Name and Memory; that Parents are more wise, and more power<g ref="char:EOLhyphen"/>ful,
and before in time, and useful in all regards; that children cannot at
first understand, nor doe, nor speak; that therefore Naturally they must be in
the possession of them that can; that no man will quit his interest without
just reason; and these reasons of Subjection being prime and Natural, and
some of them lasting, and all of them leaving an obligation and indearment
behind them, they cannot pass away without leaving indelible impressions; it
must necessarily and Naturally follow that children must pay to their Parents
the duties of love and obedience,
<q>
                           <l>
                              <gap reason="foreign">
                                 <desc>〈 in non-Latin alphabet 〉</desc>
                              </gap>,<note place="margin">Eurip.</note>
                           </l>
                           <l>
                              <gap reason="foreign">
                                 <desc>〈 in non-Latin alphabet 〉</desc>
                              </gap>.</l>
                        </q>
It is the voice of Nature: He that honours his Parents is dear to God.
<pb n="368" facs="tcp:58903:213"/>
* Now when there is so much prime and Natural reason: or if there be but
any one that is so, which by Nature we are taught, it is Gods mark upon an
Eternal precept: and whatsoever God hath commanded that is Naturally
reasonable, that is, if it be Naturally known, or if it be a reason that is not
relative to t<gap reason="illegible" resp="#TECH" extent="1 letter">
                           <desc>•</desc>
                        </gap>mes and persons, a reason that will not pass away with the chan<g ref="char:EOLhyphen"/>ges
of the world; a reason that injoines a thing that is perfective of our Na<g ref="char:EOLhyphen"/>ture,
and which cannot be supplyed by something else; all that is to be con<g ref="char:EOLhyphen"/>fessed
to be a part of the Moral law. But on the other side if we take the in<g ref="char:EOLhyphen"/>stances
of circumcision, and enquire whether this can be an Eternal law;
besides the waies of discovering this by the lines and measures of revelation,
we can also tell by the causes of its injunction: it was appointed as a mark of
a family, a separation of a people from other Nations, the seal of a tempora<g ref="char:EOLhyphen"/>ry
Covenant, a violence to Nature, not Naturally apt to signifie or to effect
any thing beyond the wound made by the sharp stone, a rite for which no Na<g ref="char:EOLhyphen"/>tural
reason can be given; and therefore it was never written in our hearts, but
given in tables that could perish.</p>
                     <p>2. That of which no reason can be given is not a moral precept.<note place="margin">66.</note> Because
all Moral laws being also Natural are perfective of humane Nature, and are
compliances with our Natural needs, and with our Natural and measur'd ap<g ref="char:EOLhyphen"/>petites;
they are such in which all mankind feels a benefit; and where he
sees his way; they are and have been found out by the Heathen, drawn into
their digests of Laws; and there was never any law pretended to be Moral,
but they that did pretend it, offer'd at a reason for it, deriv'd from the foun<g ref="char:EOLhyphen"/>tains
of Nature. For every Moral law being Natural; either it must be
Naturally consonant to the understanding, or onely to the Natural desires:
If to the understanding; then there is a discernible reason; if onely to the
desires; then the measure might be this, that whatsoever we Naturally desire
shall become a Natural duty; which if it could be admitted, would inferre
all the mischiefs and disorders of the world. Upon this account all Sa<g ref="char:EOLhyphen"/>craments
and Sacramentals are excluded from being moral laws because
they depending wholly upon Divine institution, whose reasons are very
often secret and unrevealed, we can neither Naturally know, nor Naturally
consent to them, and therefore can stand bound to them no longer then to the
expiration of that period for which they were invented.</p>
                     <p>3.<note place="margin">67.</note> The consequents of Natural reason are no indications of a Moral
Commandement. For Moral laws are few, and founded upon prime reason,
such as appears so to all discerning persons; but when once men begin to argue,
and that their art or observation is also to be relyed upon; it is so often deceiv<g ref="char:EOLhyphen"/>ed
and alwaies so fallible, that Gods wisedome and goodness would never put
our Eternal interest upon the disputations of men. It is said by some men
to be of the law of Nature that Spiritual persons should be exempt from se<g ref="char:EOLhyphen"/>cular
jurisdiction; but because they inferre this from some proportions of
Nature, the Natural distinction of Spiritual and Temporal, by two or three
remote and uncertain consequences, it is to be despised; though we had not
1. so many precedents in the Old Testament to the contrary, and 2. the
example of our Blessed Lord, who being the head of all Spiritual power was
yet subject to the Civil Magistrate; and 3. the express words of S. <hi>Paul</hi>
speaking of the secular Magistrate; and commanding <hi>every Soul to be subject
to them;</hi> that is, Priests and Monks, Apostles and Evangelists and Prophets
(as S. <hi>Chrysostome</hi> thence argues,<note place="margin">
                           <gap reason="illegible" resp="#TECH" extent="2 letters">
                              <desc>••</desc>
                           </gap> hunc locum.</note>) and all this 4. besides the Notoriety of the
<pb n="369" facs="tcp:58903:213"/>
thing it self; Spirituality being a capacity superadded to persons, who
by a former that is a Natural duty are subordinate to secular superiours.
But besides all this; If the deduction of Consequents shall be the measure
of Moral duties, then the wittiest disputant shall be the Lawgiver, and Logick
will be the <hi>Legislative;</hi> and there will be no term or end of multiplication of
laws: for since all truth depends upon the prime and Eternal truth, and can
be deriv'd from thence and return thither again, all actions whatsoever that
can be in any sense good or useful will be in all senses necessary and matter of
duty. There is a chain of truths, and every thing follows from every thing
if we could find it out: but that cannot be the measure of laws; for besides
that a thing is reasonable, there must be a Divine Commandement; and if a
good reason alone is not sufficient to make a Moral law, a bad one is not suffi<g ref="char:EOLhyphen"/>cient
to declare it. That all who are oblig'd by a law should at least by inter<g ref="char:EOLhyphen"/>pretation
consent to it, is said by many to be of the law of Nature; yet this
is so far from being a Moral Commandement, that in some very great Com<g ref="char:EOLhyphen"/>munities
of Men, the Clergy who are not the ignoblest part of the people have
no vote in making laws, nor power to chuse their representatives. Indeed it
is very reasonable and full of equity that all states of men who are fit to choose
for others, should at least be admitted to choose for themselves; yet because
this relies not upon any prime Natural reason that necessarily infers it; but
is to be trusted to two or three consequences and deductions, men have leave
to use their power, and may choose whether they will in this thing use the ab<g ref="char:EOLhyphen"/>solute
power of a Prince, or the more compliant poster of a Father. This is
better, but that is not evidently against a moral Commandement.</p>
                     <p>4.<note place="margin">68.</note> A law that invades the right of Nature is not alwaies the breach of a
Moral Commandement: By the law of Nature no man is bound to accuse
himself, but because it is not against the law of Nature if he does, and onely
against a privilege or right of Nature, <hi rend="sup">1</hi>. the complicated necessities of Men,
<hi rend="sup">2</hi>. the imperfection of humane Notices, <hi rend="sup">3</hi>. and the violence of suspition, <hi rend="sup">4</hi>. and
the dangers of a third person, <hi rend="sup">5</hi>. or the interest of the Republick, <hi rend="sup">6</hi>. or
the Concernes of a Prince may make it reasonable that a Man be ask'd
concerning himself; and tyed to give right answers. A Natural right is no in<g ref="char:EOLhyphen"/>dication
of a Moral law. But of this I have already spoken upon another occa<g ref="char:EOLhyphen"/>sion.</p>
                     <p>5 Every Consonancy to Natural Reason is not the sufficient proof of
a Moral law:<note place="margin">69.</note> For as we say in Natural Philosophy; that <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap> and
<gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>, Things Natural and things according to Nature are not all
one: It is according to Nature that they who have the yellow jaundies should
look of a yellow colour: but this is not a <hi>Natural</hi> affection, but <hi>praeternatural</hi>
all the way: So it is in Moral instances, it is consonant to Nature that we
should not boile a Kid in her mothers Milk,<note place="margin">Vid. Aquinat. 12. q. 95. art. 2.</note> but this makes no moral law, for
it is not against a Natural law if we doe. * There are some little rationalities
and proportions and correspondencies of Nature which are well and decent
and pretty, but are not great enough to establish a Commandement, or to be<g ref="char:EOLhyphen"/>come
the measure of eternal life and death. Nothing less then the value of a
Man, or the concernment of a man is the subject of Moral laws, and God ha<g ref="char:EOLhyphen"/>ving
given to a man reason to live justly and usefully, soberly and religiously,
having made these reasonable and matters of Conscience by a prime inscripti<g ref="char:EOLhyphen"/>on,
hath by such prime reasons relating to God or man bound upon us all Mo<g ref="char:EOLhyphen"/>ral
laws. Man onely is capable of laws, and therefore to man onely under God
can Moral laws be relative.</p>
                     <p>
                        <pb n="370" facs="tcp:58903:214"/>
6. When God gives a law and addes a reason for it;<note place="margin">70.</note> it is not alwaies the
sign fication of a Moral law though the reason be in it self Eternal, unless the
reason it self be proper, relating to the Nature of the thing, and not matter of
Empire. For example, when God commanded the people of Israel to give
the first born to him or to redeem it,<note place="margin">
                           <gap reason="illegible" resp="#TECH" extent="1 span">
                              <desc>〈…〉</desc>
                           </gap> 1<gap reason="illegible" resp="#TECH" extent="1 letter">
                              <desc>•</desc>
                           </gap>.</note> he addes this reason, <hi>I am the Lord:</hi>
Now although this reason be eternal, yet it is not a proper reason for this; but
a reason by which he does or might injoin all Commandements: and it is al<g ref="char:EOLhyphen"/>so
matter of Empire and Dominion, by which he can remonstrate his absolute
supreme Legislative power, which is reason sufficient for our obedience, but
yet it is extrinsecal to the Nature of the precept, and therefore upon this ac<g ref="char:EOLhyphen"/>count
it cannot be called Moral, whose reason is alwaies Natural, proper and
immediate. But yet even this very reason although it is a matter of Empire,
yet when it is put to a Commandement as a proper reason and refers to the
matter of the law, it is certain token of Morality: for thus this is the pre<g ref="char:EOLhyphen"/>face
or thereason affixed to the first Commandement; and something like it
is in the second: For here when God saies, <hi>I am the Lord;</hi> it is a proper, Natu<g ref="char:EOLhyphen"/>ral,
essential reason inferring that therefore we must have no other Gods, nor to
any other thing that is not God give Divine honour.</p>
                     <p>7.<note place="margin">71.</note> When God in the old Testament did threaten the Heathens or punish
them for any fact, it was not a sufficient argument to conclude that fact
to be done against a Moral Commandement; unless other things also
concurred to the demonstration. This I made to appear in the instance of
some marriages: and it relies upon this reason; because the Nations were
oblig'd by the precepts of <hi>Noah,</hi> all the instances or particulars of which were
not Eternal in their obligation.</p>
                     <p>8.<note place="margin">72.</note> All the instances or pursuances of a Moral law, are not as Moral or
necessary as their fountain; but that Moral law is onely to be instanc'd in
those great lines of duty, which are nam'd or apparently design'd in the letter
or Analogy of the law. That those who minister at the Altar should be par<g ref="char:EOLhyphen"/>takers
of the Altar is a Moral law, and a part of natural and essential justice
and religion: in pursuance of this, the Priests did eat of the sacrifice; and
were maintain'd by tithes and offerings; and thus this Moral law amongst
them was instanc'd and obeyed: but though these were the waies in which
the Jews did obey a Moral law; yet these instances are not Moral and Eter<g ref="char:EOLhyphen"/>nal;
because the Commandement can be performed without them: and
though the Oxe be muzled when he treads out the Corne, yet if he eats his
fill before and after his work there is no breach of the Commandement. Thus
also it is commanded that we should rise up to the Grey head; which is a pur<g ref="char:EOLhyphen"/>suance
of the fifth Commandement, but yet this expression of reverence to
old Men, is neither necessary at all times nor yet to be done by all persons:
another expression may doe all the duty that is intended, and he that with ci<g ref="char:EOLhyphen"/>vil
circumstances gives an almes to an old beggar hath done more regard to
him then he that gives him a complement: For although Moral Commande<g ref="char:EOLhyphen"/>ments
are sometimes signified with the investiture of circumstances or parti<g ref="char:EOLhyphen"/>cular
instances, yet because great reason is their measure, prime, natural, essen<g ref="char:EOLhyphen"/>tial
and Concreated reason, it is easie to make the separation.</p>
                     <p>9.<note place="margin">73.</note> The strong, violent and firme persuasions of Conscience in single
persons, or in some communities of Men is not a sufficient indication of a
Moral law. The weak Brother of whom S. <hi>Paul</hi> speaks durst not eat flesh,
<pb n="371" facs="tcp:58903:214"/>
but thought it an impiety next to unpardonable, but he was abused: and there
are at this day some persons, some thousands of persons against whose Con<g ref="char:EOLhyphen"/>science
it is to dresse meat upon the Lords day, or to use an innocent permitted
recreation: Now when such an opinion makes a Sect, and this Sect gets firme
confidents and zealous defenders, in a little time it will dwell upon the Con<g ref="char:EOLhyphen"/>science
as if it were a Native there, whereas it is but a pitiful inmate and ought
to be turned out of doors.</p>
                     <p>10.<note place="margin">74.</note> The consonant practices of Heathens in a matter not expressly com<g ref="char:EOLhyphen"/>manded
by God to them, is no argument that what they did in that instance
was by the light of Nature, or a duty of a Moral Commandement. The
Heathens paid tithes to <hi>Hercules,</hi> they kept the seventh day sacred, they forbad
their holy persons to make second marriages; but it will be too great an easi<g ref="char:EOLhyphen"/>ness
upon this account to suppose these to be matter of Essential duty: not
onely because (as <hi>Tertullian</hi> observes) the Devil was willing to imitate the se<g ref="char:EOLhyphen"/>rity
or customes and rites of Gods Church, to make his own assemblies the
more venerable, Symbolical, alluring and persuasive; but because the Na<g ref="char:EOLhyphen"/>tions
to whom God commanded tithes, Sabbaths and the like, had entercourse
with many others, and were famous in the world by blessing and Miracles, by
the laws and Oracles of God, by excelent Government and the best learnings:
The Phoenicians conveyed many Hebrew customs into <hi>Greece</hi> and some learn<g ref="char:EOLhyphen"/>ed
persons went to School in <hi>Palestine</hi> and taught their own Nation some
mysteriousnesses which themselves learnd under the Jewish Doctours: and
when the Judaizing Christians did pertinaciously retain circumcision; they
might upon this ground have pretended it to be consonant to the law of Na<g ref="char:EOLhyphen"/>ture;
because even the Gentiles, the Egyptians, the Arabians, all the Nations
that descended from <hi>Ishmael</hi> and <hi>Esau,</hi> and divers other nations their neigh<g ref="char:EOLhyphen"/>bours
did use it. But, <hi>Consent is no argument, when it is nothing but imitation.</hi>
                     </p>
                     <p>11.<note place="margin">75.</note> The appendant penalty of temporal death imposed by God Al<g ref="char:EOLhyphen"/>mighty
upon the breakers of a law, does not prove that law to be of eter<g ref="char:EOLhyphen"/>nal
obligation. I instance in the gathering sticks upon the Sabbath, the omit<g ref="char:EOLhyphen"/>ting
Circumcision, the approaching a wife <hi>in diebus pollutionis;</hi> all which
were made sacred by the greatest penalty, but yet had not the greatest ob<g ref="char:EOLhyphen"/>ligation,
they were not Moral.</p>
                     <p>12.<note place="margin">76.</note> When two laws are in conflict and contest and call for an impossible
obedience, one must yeeld to the other; but that which must yeeld is not
moral and Eternal. The observation of the Sabbath, and doing acts of cha<g ref="char:EOLhyphen"/>rity
did often enterfere in the actions and occurrences of our Blessed Saviours
life; but the Sabbath was alwaies made to yeeld to charity. Thus Sacrifice
and mercy, the outward work and the inward, the letter and the Spirit doe
often make contrary pretensions; but sacrifice, and the outward work, and
the letter are to yeeld and to comply, and therefore are but the expressions or
instances, or significations of a Moral duty; but of themselves have no mo<g ref="char:EOLhyphen"/>rality.
This holds in all instances and hath no exception.</p>
                     <p>13.<note place="margin">77.</note> By the not considering of these measures a great part of Mankind have
been deceiv'd; but they could onely be secured by the first; which because
it is also possible to be mistaken in the application, by reason of the miscarria<g ref="char:EOLhyphen"/>ges
and confidence of some men; therefore the last resort of all Moral laws is
to the Scriptures of the new Testament; in which whatsoever is commanded to
<pb n="372" facs="tcp:58903:215"/>
all Mankind is either moral in its Nature or is so by adoption; which
last clause I put in, by reason of the Sacraments, and some glorious
appendages of Morality, and heroical acts of charity commanded by
Christ: the observation of which although it be not moral, or of prime
Natural necessity, yet because they are commanded by Christ whose law
is to oblige us as long as the Sun and Moon endures: to us Christians
and to all to whom the notice of them does arrive, it is all one in respect of
our duty, and hath no real difference in the event of things. But if from the
old Testament Men will (as it is very often attempted in several instances)
endeavour to describe the measures of Moral laws, the former cautions are
of necessary observation.</p>
                  </div>
                  <div n="7" type="rule">
                     <head>RULE 7. There is no state of Men or things but is to be gui<g ref="char:EOLhyphen"/>ded
by the proportion of some Rule or precept in
the Christian law.</head>
                     <p>THat is,<note place="margin">1.</note> where there is no law to restrain us, we may doe what we please;
but where we are tyed up to rules and measures, we have no Lawgiver or
fountain of religion but God, who in these last daies hath spoken to us onely
by his Son, who as he is supreme in all things, so he is every way allsufficient,
and as by him onely we can be sav'd, so by him onely and by his Spirit we
must be govern'd. To this purpose we beleeve that he hath taught us all his Fa<g ref="char:EOLhyphen"/>thers
will: He is <hi>the Author and finisher of our faith;</hi> and therefore to him and
to an obedience to him we must bring our understanding: we pray that his
<hi>will may be done here as it is in heaven;</hi> and therefore he is perfectly to rule our
wills here, for we are sure he does rule all above: we have no lawgiver but him,
no rule but his will; no revelation of his will but in his word: and besides
this we have no certain place where we can set our foot. The laws of the
Jews were either for them and their Proselytes alone, or were adopted into the
Christian Code; right reason gives measures of things, but of it self makes
no laws unless it be conducted by a competent authority; The Prophets were
either expounders of <hi>Moses</hi> law, or preachers Evangelical; that is either they
call'd to obedience in things not Moral, or if they did, they onely spake the
Sermons of the Gospel; and whatsoever was excellent in all the world was
but a derivation from the wisedome of <hi>the Eternal Father;</hi> and all this was
united into a Systeme of Holy precepts at the appearing of <hi>the Eternal Son:</hi>
and since <hi>there is no name under heaven by which we can be saved but onely the
Name of Jesus,</hi> and he saves us not onely by procuring pardon for them,
but by turning us from our iniquities, by efforming us anew, by reforming
whatsoever was amiss in manners and persuasion, by conforming us to the simi<g ref="char:EOLhyphen"/>litude
of the Holiness and perfections of God, and bring us to glory by the
waies and methods of Grace, that is, never leaves us till our graces are perfect
and even with Eternal felicities, it follows that we must goe to him, that he
must teach us and guide us, that he must governe us and persuade us, that his
laws must be our measures, his wisedome must be our star, his promises our
aimes, and we may as well say there can be two principles as that besides him
there can be any eternal and supreme lawgiver. <hi>One is more then all the numbers
of the world.</hi>
                     </p>
                     <p>
                        <pb n="373" facs="tcp:58903:215"/>
And if we look into the Nature of his Lawes we shall handle this truth
as the people on mount <hi>Sinai</hi> did see thunder:<note place="margin">2.</note> all excellencies have as per<g ref="char:EOLhyphen"/>fect
Unity as any one hath; and there can be but one justice, and it is the
same grace of mercy which dwells in the bowels of all the good men and
women in the world, and of temperance there can be but one general mea<g ref="char:EOLhyphen"/>sure,
and unchastity is a certain prevarication of one excellency that is
known to all the world; and as for religion since there is but one God, and
he is to be worshipped as himself pleas'd, and to convey his blessings to us
by what Mediator and by what instruments himself shall elect; there can be
in these things no variety, unless there be a plain deficiency in the means of
the Divine appointment. All the duty of Mankind is in Religion, justice
and sobriety; and in all these things God by Jesus Christ hath given us
many laws, and besides them he hath given us no other, we have but one Lord,
and therefore but one Lawgiver and measure of justice: we have but one
faith, and therefore but one Religion; we have but one Baptisme, or so<g ref="char:EOLhyphen"/>lemnity
of renunciation of the flesh, the world and the Devil, and therefore
but one Rule for our comportment; one measure of Sobriety according to
the Unity of our Nature, which being made after the image of God, is one
as God is one. If therefore our Blessed Lord be a perfect Lawgiver, his law
alone must be the measure of our duty and obedience; but if he be not a per<g ref="char:EOLhyphen"/>fect
Lawgiver,<note place="margin">John. 6. 68.</note> whither shall we goe to understand the will of God? <hi>Master
whither shall we goe? for thou hast the words of eternal life,</hi> said S. <hi>Peter;</hi> there's
the question and the answer too, and they together make the argument a de<g ref="char:EOLhyphen"/>monstration.
For if we can obtain Eternal life by the words of Christ, then
they contain in them the whole will of God; for he that fails in one is
imperfect and loses all: and therefore in the words of Christ there is a
perfect provision for an intire obedience, because they are a sufficient
way to life Eternal.</p>
                     <p>The effect of this Consideration is;<note place="margin">3.</note> that all the measures of Good and
Evil must be taken by the Evangelical lines: Nothing is to be condemn'd
which Christ permits, and nothing is to be permitted which he condemnes.
For this is the great prerogative and perfection of Christs law above that of
<hi>Moses;</hi> some things by <hi>Moses</hi> were permitted for necessity, and because of the
hardness of their hearts, thus divorces and Polygamy became legally inno<g ref="char:EOLhyphen"/>cent,
because a perfect law was too hard for that people, and like a yoke upon
a young Oxe would have galled them, not subdued them; and if he had
strain'd too hard, the silver cords of Discipline would have been first broken
and then despised. But when Christ came he gave perfect laws, and more
perfect graces; he made the capacities of his obedience larger, and fitted
the law and the Subject by even and Natural and gracious proportions; and
permitted nothing which his Father lov'd not; and now every plant that God
<hi>hath not planted must be rooted up:</hi> and therefore this law must needs be abso<g ref="char:EOLhyphen"/>lute,
and alone, and unalterable, and perfect, and for ever: and this appears
infinitely upon this account; that although our Nature is such that it will al<g ref="char:EOLhyphen"/>waies
be growing in this world towards perfection, and therefore that it is im<g ref="char:EOLhyphen"/>perfect,
and our obedience will be imperfect: yet even this Christ does not al<g ref="char:EOLhyphen"/>low
or positively permit; but commands us to be perfect, that is, to goe on
towards it, to allow nothing to our selves either of crime or of suspicion, to
be perfect in our desires, to be restless in our endeavours, to be assiduous in
our prayers, never to think we have comprehended, never to say it is enough:
and if our Blessed Master does not allow of any imperfection of degrees<g ref="char:punc">▪</g>
                        <pb n="374" facs="tcp:58903:216"/>
but thrusts the most imperfect forwards to perfection it must be certain that in
his provisions and his laws there can be no imperfection, but he hath taken care
for all things on which eternity depends, and in which God is to be glorified
and obeyed. And therefore in no case can it be allowed to any man, or to any
company of Men to doe any thing which is not there permitted.</p>
                     <p>
                        <hi>Quest.</hi>
                     </p>
                     <p>UPon the account of this Rule it is to be inquired whether it can be lawful<note place="margin">4.</note>
for a Prince or Republick to permit any thing for the publick necessities
of the people which is forbidden by the laws of Jesus Christ.</p>
                     <p>To this I answer a distinction:<note place="margin">5.</note> That if the Question be whether in
any cases there may be <hi>actual impunity;</hi> there is no peradventure but there
may, for sometimes it is necessary, as when a multitude sins, for then the reme<g ref="char:EOLhyphen"/>dy
is much worse then the disease, and to cut off all would effect, <hi>ut nemo sit
quem peccasse poeniteat;</hi> there would be justice without discipline, and Go<g ref="char:EOLhyphen"/>vernment
without Subjects, and a cure without Remedy: And therefore it
is that Princes in the Mutinies of armies or in the rebellion of their people use
to cut off the heads of offenders, or Decimate the Legions, as <hi>Cesar</hi> and
<hi>Germanicus</hi> did: but if it be part of the people though a considerable part,
and the action highly Criminal, we find great examples that executions have
been done by Subjects, by the innocent part, and then all the offenders suf<g ref="char:EOLhyphen"/>fer'd:
Thus it happened in the mutiny of <hi>Caecina</hi>'s Legions and their defection
to the <hi>Ubii;</hi> The innocent part cut off all the rebels: and thus it was comman<g ref="char:EOLhyphen"/>ded
by <hi>Moses</hi> who punished all them who worshipped the golden Calf by the
sword of the Levites, he set every mans hand against his Brother, and none
of the Criminals did escape. But sometimes it is impossible to punish all;
and very often the evil would be more then the good. For in all penal laws
and inflictions although there be much of Vindictive justice, yet this justice
is but a handmaid to Government and Correction. When revenge is not also
discipline, then it is no <hi>Government,</hi> unless Tyranny be the name of it. So
that in such cases, it may be lawful to spare some who need it indeed but
deserve it not.</p>
                     <p>But if by impunity be meant a <hi>legal impunity;</hi>
                        <note place="margin">6.</note> it must either mean that
a law shall warrant the action, or that it shall before hand promise indemni<g ref="char:EOLhyphen"/>ty:
if it warrant the action, which the Evangelical law hath forbidden, it
is like the laws of <hi>Omri,</hi> it is <hi>statutum non bonum,</hi> and erects a Government
against the law of Christ: if it condemnes the action but promises indem<g ref="char:EOLhyphen"/>nity,
it disparages it self, and confesses its own weakness: but as the first
can never be lawful; so neither can the second ever be made so but
with these Cautions.</p>
                     <p>Cautions to be observed in Civil permissions of an unlawful act or state:</p>
                     <p>1. That the thing so permitted,<note place="margin">7.</note> be in the present constitution of affairs
necessary; and yet will not be without the evil appendage. Thus it is neces<g ref="char:EOLhyphen"/>sary
that in all communities of Men there be borrowing and lending; but
if it cannot be without usury, the Commonwealth might promise not to pu<g ref="char:EOLhyphen"/>nish
it; though of it self it were uncharitable and consequently unlawful.
For it is either lawful; or else it is unlawful for being against Justice or
or against Charity. If it be against Justice, the Common-wealth, by
permitting it, makes it just: for as it is in the oeconomy of the world,
the decree of God doth establish the vicissitudes of day and night for ever:
<pb n="375" facs="tcp:58903:216"/>
but the Sun by looking on a point not onely signifies but also makes the
little portions of time and divides them into hours; but Men comming with
their little arts and instruments make them to be understood, and so become
the Suns interpreters: so it is in the matter of justice, whose great return and
firme establishments are made by God, and some rules given for the great mea<g ref="char:EOLhyphen"/>sures
of it; and we from his laws know just and unjust as we understand day
and night: but the laws of Princes, and the contracts of men like the Sun,
make the little measures and divide the great proportions into minutes of ju<g ref="char:EOLhyphen"/>stice
and fair entercourse; and the Divines and Lawyers goe yet lower, and
they become expounders of those measures, and set up dials and instruments
of notice by which we understand the proportion and obligations of the law,
and the lines of Justice: just and unjust we love or bate respectively by our
warrant from God; and from him also we are taught to make the General lines
of it; as <hi>Do what you would be done to, restore the pledge, hurt no man, rob not your
neighbour of his rights, make no fraudulent contracts, no unjust bargains:</hi> but then
what are his <hi>rights,</hi> and what are not, what is <hi>fraudulent</hi> and what is <hi>fair,</hi> in what
he hath power, in what he hath none, is to be determin'd by the laws of Men: So
that if a Commonwealth permits an usurarious exchange or contract, it is
not unjust, because the laws are the particular measures of justice and contracts,
and therefore may well promise impunity where she makes innocence (as to
the matter of justice.) * But if usury be Unlawful because it is uncharitable:
then when it becomes necessary it is also charitable comparatively; and as to
charity no man by the laws of God is to be compelled (because it is not charity
if it be compelled; for God accepts not an unwilling giver, and it is not
charity but an act of obedience and political duty when by laws men
are constrain'd to make levies for the poor;) so much less can they be com<g ref="char:EOLhyphen"/>pelled
to measures and degrees of charity; and if to lend upon usury be better
then not to lend at all, it is in some sense a charity to doe so: and if it be when
it will not be otherwise, there is no question but the Prince that allows indem<g ref="char:EOLhyphen"/>nity,
is not to be damnifi'd himself. I instanc'd in this, but in all things else
where there is the same reason there is the same conclusion.</p>
                     <p>2. Impunity may be promised to any thing forbidden by the law of
Christ,<note place="margin">8.</note> if it be in such cases in which the Subject matter is disputable and un<g ref="char:EOLhyphen"/>certain
whether it be so or no; then it may. Thus it happens in questions of
religion, in which it is certain there are many resolutions against the truth of
God; but yet they may be permitted, because when they are probably dispu<g ref="char:EOLhyphen"/>ted,
no man is fit to punish the error, but he who is certain and can make it
appear so to others, that himself is not deceived.</p>
                     <p>3. Whatsoever is against the law of Christ in any instance may not be
directly permitted for the obtaining a greater good,<note place="margin">9.</note> but may for the avoiding
of a greater evil which is otherwise indeclinable. If a Prince be perfectly
persuaded that the suffering the doctrine of Transubstantiation is against the
laws and words of Christ it may not be suffered, though the parties interested
promise to pay all the Gabels of the Nation and raise an army to defend it:
but if a rebellion cannot otherwise be appeased it is lawful; not onely upon
many other accounts which are appendant to the Subject matter, but because
when two evils are before me, neither of which is of my procuring, I am
innocent if I suffer either, and I am prudent if I choose the least, and I am
guilty of no crime because I am but a suffering person: but if I doe it
to obtain a greater good, I choose the evil directly, because I am not forc'd
<pb n="376" facs="tcp:58903:217"/>
to pursue the greater good; I can be without it; and although I may chose
the least evil because I cannot avoid that or a greater; yet when the Question
is, whether I shall permit an evil or lose an advantage, I may escape all evil,
at no greater price then by loosing that advantage: so that here is no ex<g ref="char:EOLhyphen"/>cuse
because there is no necessity; and in matters of duty, no good can make
recompence for doing any evil: but the suffering of a greater evil is highly
paid for by the avoiding of a greater.</p>
                     <p>4. When any such evil against the laws of Christ is permitted,<note place="margin">10.</note> the evil
it self must be so reproved, that the forced impunity may not give so much
incouragement to the crime as the censure must abate. The reason is, because
no evil must be done at any price; and we must rather lose our life then cause
our Brother to offend; and if <hi>each man</hi> is bound to this, then <hi>every man</hi> is
bound to it. But because impunity is the greatest incouragement to sin, and
next to the pleasure or interest of it, is the greatest temptation; care must be
taken that what serves the interest of the Republick, may not deceive the in<g ref="char:EOLhyphen"/>terest
of Soules; and this being the greatest ought infinitely to be pre<g ref="char:EOLhyphen"/>ferred;
and therefore unless something be directly done that may be suf<g ref="char:EOLhyphen"/>ficient
security against the probable danger, no interest of the Common<g ref="char:EOLhyphen"/>wealth
is to be serv'd against it; because none is sufficient to be put in
ballance against one Soule.</p>
                     <p>5. This impunity (especially if it be in the matter of sobriety)<note place="margin">11.</note> must not
be perpetual, but for a time onely, and must be rescinded at the first oppor<g ref="char:EOLhyphen"/>tunity.
Thus S. <hi>Austin</hi> when he complain'd of the infinite number of cere<g ref="char:EOLhyphen"/>monies
which loaded the Church and made her condition more intolerable
then that of the Jews under the Levitical yoke, addes this withall, that this
was no longer to be tolerated then till there was a possibility to reforme.
And when S. <hi>Gregory</hi> had sent <hi>Augustin</hi> the Monke to convert the Saxons,
he gave him advice not to presse them at first too passionately to quit their
undecent marriages, which by their long Customes and the interest of
their families they would be too apt to hold too pertinaciously and with incon<g ref="char:EOLhyphen"/>venience,
but afterwards it would be done.</p>
                     <p>6. Till the impunity can be taken away,<note place="margin">12.</note> it were an act of prudence and
piety, and (in many cases) of duty, to discountenance the sin by collateral and
indirect punishments: Thus the old Romans confin'd their <hi>lupanaria</hi> to the
outer part of the city; It was a <hi>Summaenium,</hi> and their impure women had a
name of disgrace, and a yellow veile was their cognisance: and so the Jews
are us'd in some places: but thus we find that S. <hi>Paul</hi> and the Apostles to<g ref="char:EOLhyphen"/>lerated
those Christians which from among their own Nation gave up their
Names to Christ; who yet were <hi>Polygamists,</hi> or which was equivalent, had
married a second wife their first being living and divorc'd, but although this
could not well be avoided, lest they should be vex'd into Apostacy, and their
Judaical hardness of heart was not yet interated sufficiently by the softer
and sweeter Sermons of the Gospel; but yet to represent their dislike of such
marriages which they were forc'd to tolerate they forbad such persons to be
taken into their Clergy, so punishing such persons by a privation of ho<g ref="char:EOLhyphen"/>nour
whom they could not punish by a direct infliction of censures, or se<g ref="char:EOLhyphen"/>paration
from their wives.</p>
                     <p>7. In all such tolerations of evil,<note place="margin">13.</note> the secular interest must be apparently
<pb n="377" facs="tcp:58903:217"/>
separate and declar'd to stand far off from any thing of the Religion; and the
Consciences permitted to stand or fall under them, who are to take care of them
and answer for them; the permission by the civil power is not to rescue them
from the Ecclesiastical rod: for it being a matter of civil interest is not to de<g ref="char:EOLhyphen"/>rive
any countenance from religion, so much as accidentally; for no powers
of Man can forbid the servants of Christ to preach his law, to declare his
will, and to get Subjects to his Kingdome, and to turn sinners from the error
of their way: if they doe, they must not be obeyed, but God must, and if they
die for it they are well enough.</p>
                     <p>But now against the doctrine of the Rule many things may be objected;<note place="margin">14.</note>
for there seem many things and great cases to be for which the laws of the ho<g ref="char:EOLhyphen"/>ly
Jesus have made no provision. I instance in a very great one, That is, the
whole state of warre, and all the great cases and incidents of it. For since it is
disputable whether Christianity allowes of warre, and it is not disputable but
very certain that it speaks nothing of it expressly, neither gives any cautions
concerning it in particular, it will seem to be a <hi>casus omissus</hi> in the law. To this
there may be many considerations offered.</p>
                     <p>
                        <hi>Of the measures of warre by Christs law.</hi>
                     </p>
                     <p>1. If it be said that all warre is unlawful,<note place="margin">15.</note> against the analogy and
against many express lines of our religion; it is indeed a short way of an<g ref="char:EOLhyphen"/>swering
this difficulty, but will involve the whole Christian world in many
more; but of this in the following numbers I shall give accounts.</p>
                     <p>2. If it be said that Christianity leaves that matter of warre wholly to
be conducted by the laws of Nature and Nations:<note place="margin">16.</note> we shall find that this will
intangle the whole inquiry, but we shall never come to any certainty. For if
the Christian law be (as I have proved) a perfect digest of the Natural law;
to say the affairs of warre are to be conducted by the laws of Nature is not to
put them from being determin'd by the Christian law, because they are the
same; and if in the law of Christ there be no rules of warre, neither can
there be any in Nature. But besides this, if the laws of Nature which con<g ref="char:EOLhyphen"/>cerne
warre be not set down in the Gospel and writings of the new Testament,
but that we be sent to look for them in the tables of our own hearts in which
some things are disordered by passion, and many more are written there by
interest, and some by custome, and others by education, and amongst men
these are the authors of contrary inscriptions; we shall find the law of Nature
a strange thing by that time we have drawn it from thence onely, and look'd
over it to find some rules of war, whose whole being is very much against the
excellent and perfective laws of Nature.</p>
                     <p>3. If it be said that Warre is to be conducted by the measures of
peace;<note place="margin">17.</note> we speak what is impossible to be true: for <hi>inter arma silent leges,</hi> not
onely because the sword is licentious and impudent; but because the cases of
peace and warre are wholly different.</p>
                     <p>4. If it be said that right reason must be the measures;<note place="margin">18.</note> I answer, that
if right reason could be heard possibly, there would be no warre at all: and
since one part begins the warre against, reason it is not likely that he for any
reason that can be urg'd shall lose his advantage. But besides this who shall be
<pb n="378" facs="tcp:58903:218"/>
judge? whose reason shall rule? whose arguments shall prevail? and will he
who is <hi>minor in causa</hi> be <hi>minor in praelio,</hi> be who hath the worst at the dispute
yeeld also in the fight? and are not the <hi>pugnacissimi</hi> the fighting men such as
will hear and understand the least reason?</p>
                     <p>5. Some will have the law of Nations to be the measure of warre;<note place="margin">19.</note> and
possibly it might if there were a Digest of them, and a compulsory to inforce
them; but there being neither, they are uncertain what they are, and are ad<g ref="char:EOLhyphen"/>mitted
with variety and by accident, and they shall oblige strangers when the
men are conquered; and Subjects by the will of the Prince, that is, the mea<g ref="char:EOLhyphen"/>sures
of warre shall be the edicts of any single General and nothing else.</p>
                     <p>In the midst of these oppositions it will be hard to find something certain:<note place="margin">20.</note>
but that which can most be relied upon is this. * That Christian Religion
hath made no particular provisions for the conduct of warre <hi>under a proper
title,</hi> because it hath so comm<gap reason="illegible" resp="#TECH" extent="1 letter">
                           <desc>•</desc>
                        </gap>nded all the actions of men, hath so ordered the
religion, so taken care that men shall be just, and doe no wrong, hath gi<g ref="char:EOLhyphen"/>ven
laws so perfect rules so excellent, threatnings so severe, promises so glo<g ref="char:EOLhyphen"/>rious
that there can be nothing wa<gap reason="illegible" resp="#TECH" extent="1 letter">
                           <desc>•</desc>
                        </gap>ting towards the peace and felicity of man<g ref="char:EOLhyphen"/>kind,
but the wills of men. If men be subjects of Christs law, they can ne<g ref="char:EOLhyphen"/>ver
goe to warre with each other; but when they are out of the state of laws
and peace, they fall into the state of warre; which being contrary to peace, is
also without all laws. So that the injurious person is not to inquire how to
conduct his warre, for he is gone beyond all law; into a state of things where
laws are of no value: but for the injur'd person he is just so to comport him<g ref="char:EOLhyphen"/>self
as he can; having one measure of <hi>action,</hi> and another of <hi>defence.</hi>
                     </p>
                     <p>
                        <hi>For his defence:</hi>
                        <note place="margin">21.</note> it is not to be measured by laws, but by privileges: that
is, things being gone beyond the laws of Nature: he is left to his natural
powers and defences; and is to doe this without any other limit, but that he
defend himself and his relatives and drive away the injury. That is, there
being no law of God to forbid him to defend himself he is at his liberty which
Naturally every man hath:<note place="margin">Cic. pro Mil.</note> 
                        <hi>Hoc &amp; ratio doctis, &amp; necessitas barbaris, &amp; mos
gentibus, &amp; feris Natura ipsa praescripsit, ut omnem semper vim, quacunque ope
possent, à corpore, à capite, à vita sua propulsarent.</hi> The learned are taught by
reason, the barbarous nations by necessity, the civil by custom, the very beasts
also by Nature, to defend their head, their body, their life from all injury by
all means. For God hath no where forbidden that a man shall be defen<g ref="char:EOLhyphen"/>ded,
<q>Armáque in armatos sumere jura sinunt;<note place="margin">Ovid.</note>
                        </q>
we may put on armour to defend us against an armed malice: he hath indeed
forbidden private revenges, because those are intrusted to the laws and pub<g ref="char:EOLhyphen"/>lick
persons; but when a single person is injur'd he can defend himself or crave
the patronage of Princes and the laws; but when publick interests are viola<g ref="char:EOLhyphen"/>ted,
when Kingdomes and Communities of Men and Princes are injur'd, there
is no law to defend them; and therefore it must be force: for force is the
defensative of all laws: and when all laws are injur'd, there can be no way
to reduce men to reason, but by making them feele the evils of Unrea<g ref="char:EOLhyphen"/>sonableness.
If this were not so then all Commonwealths were in a worse
state of affairs then single persons: for Princes are to defend each single
person; and the laws are to secure them; but if the laws themselves be
<pb n="379" facs="tcp:58903:218"/>
not defended, no single person can be; and if they could, much rather
should all. <hi>Whatsoever is absolutely necessary is certainly lawful,</hi> and since
Christ hath no where forbidden Kings to defend themselves and their peo<g ref="char:EOLhyphen"/>ple
against violence; in this case there is no law at all to be considered;
since there is a right of Nature which no law of God hath restrained;
and by that right all men are equal; and therefore if they be not safe
from injury it is their own fault or their own unhappiness; they may if they
will, and if they can: and they have no measures in this but that they
take care they be defended, and quit from the danger and no more. The <hi>Jus
naturae,</hi> the rights and liberties, the equalities and privileges of Nature are
the warrant of the defence, or rather there needs no warrant, where there is
no law at all: But this right of Nature is the measure of the defence, we may
be defended as much as we need.</p>
                     <p>But then if it be inquired,<note place="margin">22.</note> what is the measure <hi>of actions</hi> which must be
done in the conduct of the defence by the injur'd Prince or Republick, and
how shall they be measur'd if Christ in his laws hath made no provisions and
describ'd no rules? I answer, <hi>That the measures of action in publick are no
other then the measures of the private;</hi> the same Rule of justice is to be between
Princes and between Private persons: they also must <hi>doe as they would be done
to;</hi> they must <hi>keep covenants, perform their words, hurt no innocent person whom
they can preserve,</hi> and yet preserve themselves, they must keep themselves with<g ref="char:EOLhyphen"/>in
the limits of a just defence: and as in private contentions and repetitions
of our right we must look after justice, but doe nothing against charity, we
must defend our rights, but doe the adversary no wrong, and by no vexati<g ref="char:EOLhyphen"/>tious
measures secure our own interest, and destroy his just right, in an un<g ref="char:EOLhyphen"/>necessary
conduct of our own, so it is with Princes: He that is injur'd may
drive away the injury, he may fight against invaders, he may divert
the warre if it be necessary; but he may not destory the innocent
with the guilty, the peacable Countrymen with the fighting Souldiers: and
nothing can legitimate that but an absolute necessity that is, it must not be
done at all when it can be understood and when it can be avoided: and there
is no direct action of warre but it is to be rul'd by necessity, and justice and
charity, and in these there is no variety of the rule, and no change except what
is made by the Subject matter, which must be made to combine with the mea<g ref="char:EOLhyphen"/>sures
of justice and charity by the instruments of reason and customs and pub<g ref="char:EOLhyphen"/>like
fame, and all the measures of wise and good Men.</p>
                     <p>Warrs are so to be manag'd as private contentions are;<note place="margin">23.</note> and there are the
same rules for both, that is, when they are equals: but if it be a warre betwixt
Subject and Superior, it is on the Princes part to be conducted as other acts of
publick justice: when a single executioner can punish offenders, that is enough;
if one cannot, more must; for it is every mans interest that the injurious should
be punished; and he that can raise the Country Troops by law, to assist the
executions of justice, may raise all the Troops of his Kingdome to doe the
same duty when there is a greater necessity: But for the Subjects who take
up armes against their Superior, there is no answer to be given by what mea<g ref="char:EOLhyphen"/>sures
they must conduct their armes, there is no measure at all for them, but
one, to lay them down and never to take them up again. For it can not be
expected that a wise and a holy lawgiver should give rules for the <hi>Banditi</hi> to
manage their violences, or the <hi>Circassians</hi> how to conduct their plunder and
their robberies: Christ never gave any laws concerning rebels, but obedience
and repentance: and for just warres, that is, the defensive warres of Princes
<pb n="380" facs="tcp:58903:219"/>
(for there is no other just but what is defensive directly or by a just equivalen<g ref="char:EOLhyphen"/>cy)
Christ hath given no other laws but the same by which single persons in
their contentions or differences are to be conducted: and thus also S. <hi>John</hi>
the Baptist gave the same measures to the Souldiers which contain every mans
duty; <hi>Doe violence to no man,</hi> and <hi>be content with your wages.</hi> For warre is
but the contention of many: and as it is in social contracts which are to be
governed by the same justice as private Merchandise; so it is in social conten<g ref="char:EOLhyphen"/>tions:
for in this case, two and two thousand make no difference in the rule,
but much in the circumstances of the matter.</p>
                     <p>
                        <hi>Quest.</hi>
                     </p>
                     <p>BUT upon this instance it is seasonable to inquire whether the precedents
of the old Testament be so imitable by them that goe to warre,<note place="margin">24.</note> that they
can pass into a law, or if not, yet whether they are safe or no?</p>
                     <p>The question though instanc'd in the matter of warre,<note place="margin">25.</note> yet is of use in all
affairs whatsoever; because there are divers portions of mankind, 1. who
think every thing is imitable which they find done in the Scriptures, and 2. no<g ref="char:EOLhyphen"/>thing
safe or warrantable that is not: These being their measures of right and
wrong have great influence into the questions of Conscience, and therefore are
to be established upon certain rules.</p>
                     <p>
                        <hi>Of the Negative measures of examples in the Old Testament.</hi>
                     </p>
                     <p>1. Therefore it is evident that not every thing done in the old Testa<g ref="char:EOLhyphen"/>ment
is a warrant for us:<note place="margin">26.</note> I instance in all the injustices and violences, ra<g ref="char:EOLhyphen"/>pines,
and open prevarications of Natural rights, concerning which there needs
no further disquisition; but we are to keep our selves to the rule; that is, to
Gods measures not to mans,<note place="margin">Seneca de vita beata. c. 2.</note> 
                        <hi>non quà itur, sed quà eundum; and we must not
follow a multitude to doe evil, Argumentum pessimi turba est. Quaeramus quid
optimè factum sit, non quid usitatissimum; &amp; quid nos in possessione felicitatis aeter<g ref="char:EOLhyphen"/>nae
constituat, non quid vulgo veritatis pessimo interpreti probatum sit.</hi> The croud
is the worst argument in the world: let us inquire not what is most usual but
what is most excellent; let us look after those things which may place us in
the bosome of beatitude, not those which can tune with the common voices
which are the worst interpreters of truth in the whole world: and therefore
that some persons were recorded in the Scriptures is no hallowing of the fact,
but serves other ends of the Spirit of God. But in this there is no question.</p>
                     <p>2. The actions of good men in Scriptures are not a competent warrant
for our imitation;<note place="margin">27.</note> not onely when they are reproved, but even when they are
set down without censure. The reasons are plain, 1. Because all the stories
of the Bible are not intended to be Sermons: and <hi>the word of God is useful for
doctrine, for reproof, for exhortation and for information;</hi> not every comma and
period for every one of these purposes; for they are contrary: but in the whole
there is enough to make the man of God perfect and readily instructed to eve<g ref="char:EOLhyphen"/>ry
good work, to every holy purpose. Therefore as we must not imitate the
adultery and murder of David, which are expressly condemned, so neither
may we dissemble madness as he did at <hi>Gath,</hi> not perswade another to tell a lie
for us, as he did to <hi>Jonathan,</hi> that he should say he was gone to Bethlehem,
when he went but into the fields, and to pretend sacrifice, when it was a very
flight. 2. Because every man is a liar, and therefore unless himself walks re<g ref="char:EOLhyphen"/>gularly
<pb n="381" facs="tcp:58903:219"/>
he can be no rule to us.<note n="3" place="margin">3.</note> 3. Every servant of God was bound up by
severe measures, and by his rule he was to take account of his own actions, and
therefore so are we of his.<note n="4" place="margin">4.</note> 4. There were in the old Testament greater lati<g ref="char:EOLhyphen"/>tudes
of permission then there are to us: Polygamy was permitted for the
hardness of their hearts, but it is severely forbidden to us; and though with<g ref="char:EOLhyphen"/>out
a censure we find <hi>Jacob</hi> to be husband to two sisters at once; yet this
cannot warrant us who are conducted by a more excellent Spirit, taught by a
more perfect institution, governed by a severer law under the last and Su<g ref="char:EOLhyphen"/>preme
Lawgiver of Mankind: <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>
said S. <hi>Chrisostom:</hi>
                        <note place="margin">De Virgin.</note> we Christians ought to shew a greater vertue and more
eminent Sanctity; because we have received abundance of the Spirit of God
and Christs comming is a mighty gift: and if we should derive our warranties
from the examples of the old Testament, it were all one as if from the licen<g ref="char:EOLhyphen"/>ces
of warre we should take patterne for our comportment in the daies of
peace and laws, or from children learne what were the measures of a man.
<note n="5" place="margin">5.</note> 5. Because sometimes the actions of good men were in them innocent because
done before a law was given to them; but the Symbolical actions by a su<g ref="char:EOLhyphen"/>pervening
law afterwards became criminal. Thus although the drunkenness
of Noah is remark'd without a black character, and plainly told without a
censure, it cannot legitimate drunkenness in us, because he was not by any po<g ref="char:EOLhyphen"/>sitive
law bound from a freer use of wine, directly by proper provision; but
we are.<note n="6" place="margin">6.</note> 6. Because the actions of holy men in Scripture are complicated,
and when they are propounded as examples, and the whole action described,
there is something good and something bad; or something naturally good,
and something peculiar and personally good which cannot pass into example.
Thus when S. <hi>Paul</hi> speaks of <hi>Gideon</hi> and <hi>Jephthah, Samson</hi> and <hi>David, Debo<g ref="char:EOLhyphen"/>rah</hi>
and <hi>Baruch,</hi> who thorough faith subdued kingdomes; here their subduing
Kingdomes by invasion and hostility is not propounded as imitable; but their
faith onely, and therefore let us follow their faith but not their fighting: and
carry the faith to Heathen Countries but not armes. So when the fact of <hi>Ra<g ref="char:EOLhyphen"/>zis</hi>
is propounded as glorious and great when he kill'd himself to avoid <hi>Nica<g ref="char:EOLhyphen"/>nor,</hi>
                        <note place="margin">2 Mac. 15.</note>
the whole action is not imitable, but onely so much of it as was pious and
prudent; and the other is to be prais'd as being the choice of a lesser evil, or is
to be left to its excuse, as being necessary and unavoidable.</p>
                     <p>3. The actions of men in the old Testament though attested and brought
to effect by the providence of God,<note place="margin">28.</note> is no warrant for our practice nor can
they make an authentick precedent. I instance in the fact of <hi>Jeroboam,</hi> who
rebelled against the house of <hi>Solomon;</hi> although God was the author of that
change, and by his providence dispos'd of the event, yet <hi>Jeroboam</hi> had
rules to have gone by, which if he had observed God would by other means
have brought his purposes to pass; and <hi>Jeroboam</hi> should not have become a
prodigy and a proverb of impiety. For a man is circumscrib'd in all his waies
by the providence of God just as he is in a ship: for although the man may
walk freely upon the decks, or pass up and down in the little continent; yet
he must be carried whither the ship bears him: A man hath nothing free but
his will, and that indeed is guided by laws and reasons, but although by this
he walks freely; yet the Divine providence is the ship, and God is the Pilot,
and the contingencies of the world are sometimes like the fierce windes
which carry the whole event of things whither God pleases: So that this
event is no part of the measure of the will: <hi>that</hi> hath a motion of its own
<pb n="382" facs="tcp:58903:220"/>
which depends not upon events and rare contingencies, or the order of
secret providence: and therefore <hi>this which could not commend his action
cannot warrant our imitation.</hi>
                     </p>
                     <p>4. Actions done in the old Testament though by a command of God
doe not warrant us or become justificable precedents without such as express
command as they had:<note place="margin">29.</note> if the command was special and personal, the obedi<g ref="char:EOLhyphen"/>ence
was just so limited; and could not pass beyond the person. Thus <hi>Jehu</hi>
took up armes against the house of <hi>Ahab</hi> by the command of God; who in<g ref="char:EOLhyphen"/>tended
to punish him severely. But we may not lift up our hand against
our Prince though he be wicked; unless God give us such an express Com<g ref="char:EOLhyphen"/>mandement:
For <hi>nothing is imitable but what is good:</hi> but in this <hi>there
was nothing good but the obedience;</hi> and therefore <hi>nothing can legitimate it
but a Commandement.</hi>
                     </p>
                     <p>5. Actions of good men if done upon a violent cause,<note place="margin">30.</note> or a great neces<g ref="char:EOLhyphen"/>sity
are not imitable unless it be in an equal case and a like necessity. <hi>David</hi>
when he was hungry went into the Priests house and took the bread which was
onely lawful for the Priests to eat, and to this example Christ appeals; but it
was in a like case in a case of necessity and charity, <hi>He that does the same thing
must have the same reason, or he will not have the same innocence.</hi>
                     </p>
                     <p>6. Examples in matters of war are ever the most dangerous precedents:<note place="margin">31.</note>
not onely because men are then most violent and unreasonable, but because the
rules of warre are least describ'd; and the necessities are contingent and many,
and the reason of the action depending upon heaps of circumstances (of which
peradventure no notice is recorded) can less be understood; and after all this,
because most commonly they are unreasonable and unmerciful. That <hi>David</hi>
made the people of the Ammonites to pass under Saws and harrows of iron
is not safely imitable by Christian Souldiers; because it had so much cruelty,
which either must be criminal or have an extraordinary legitimation, which it
is certain Christian Princes cannot have unless it be by a rare contingency,
and a new revelation, to which they can never reasonbly pretend. But that
they may drive out an invading army, that they may kill them that resist, that
they may by warre defend the publick rights in which all the private are invol<g ref="char:EOLhyphen"/>ved,
they may safely take for their warrant; the example of <hi>Abraham</hi>
fighting in behalf of the King of <hi>Sodom;</hi> the act of <hi>Melchisedek</hi> in
blessing God for the success of that battel; the warres of the Judges and of
<hi>David,</hi> because these were just and necessary by special command, or necessary
defence, faith was the great instrument, and Gods blessing gave them pro<g ref="char:EOLhyphen"/>sperity;
they were against no law, and the like cases God hath not since re<g ref="char:EOLhyphen"/>strained,
and therefore we of our selves being left to the rights of our Nature,
and unconfin'd by the laws of God, proceed prudently when we have the
confidence of such great examples; against which the interest of no law is
publickly, the interest of no vertue is secretly ingaged.</p>
                     <p>7. When a law is changed,<note place="margin">32.</note> the Examples which acted in proportion to
that law lose all manner of influence and causality, and cannot produce a just
imitation. Among the Jews it was lawful for a private person to transfixe his
Brother or his Father if either of them tempted him to idolatry; and in a
cause of God they might doe publick justice by a private hand. All the acti<g ref="char:EOLhyphen"/>ons
of their Zealots done in such instances are no examples to Christians: be<g ref="char:EOLhyphen"/>cause
when that Priesthood was chang'd, the law was chang'd, and then the
<pb n="383" facs="tcp:58903:220"/>
Nature of the action pass'd from lawful to unlawful; and therefore could not
be imitated. He that is to write Greek must not transcribe it by the Hebrew
Alphabet, and when the copy is altered, the transcript must also receive varie<g ref="char:EOLhyphen"/>ty
and specifick difference. Thus the Disciples of our Lord would fain have
done as <hi>Elias</hi> did; but Christ told them that he was not imitable in that, by
telling them the spirit which is the principle or great instrument of action was
wholly changed. It was not safe for them to doe as <hi>Elias</hi> did, because they
were to doe as <hi>Christ commanded.</hi> Thus we find in the old Testament King
<hi>Solomon</hi> dedicating and consecrating of a Temple, it was a new case, and he
was an extraordinary person, and the Christian Church hath transcribed that
copy so farre as to dedicate and consecrate Churches or Temples to the ser<g ref="char:EOLhyphen"/>vice
of God, but she does it by the ministery of Bishops who are amongst us
the precedents of prayer, and have those special assistances and Emanations of
the holy Spirit upon their order which <hi>Solomon</hi> had in his own person and
much more; and therefore though the act is exemplar, yet it is not imitable
as to the person officiating: because to doe so is not properly the effect
either of power or of office; but being to be done in the way of prayer is by
the reason of the thing it self; and the constitution of the Church appro<g ref="char:EOLhyphen"/>priate
to the Presidents of Religion.</p>
                     <p>
                        <hi>Of the Example of Christ.</hi>
                     </p>
                     <p>8. In the new Testament we have so many,<note place="margin">33.</note> so cleer, so perfect rules,
that we have no need of examples to instruct us or to warrant our practices;
but examples to encourage and to lead us on in the obedience of those rules.
We have but one Great Example; <hi>Jesus Christ;</hi> who living in perfect obe<g ref="char:EOLhyphen"/>dience
to his Father, did also give us perfect instruction how we should doe so
too in our proportion. But then how far Christ is imitable, and ought to be
imitated by us is best declared in this short rule.</p>
                     <p>In whatsoever he gave us a Commandement,<note place="margin">34.</note> in that onely we are bound to
imitate him: but in whatsoever he propounded to us as excellent, and in whatsoever
he did Symbolically to it, in all that also we may imitate him.</p>
                     <p>This rule establishes the whole case of Conscience in this affair.<note place="margin">35.</note> Because
our Blessed Saviour being an extraordinary person was to doe some extraordi<g ref="char:EOLhyphen"/>nary
things, in which either we cannot, or we ought not to imitate him. He
fasted fourty daies, <hi>we cannot:</hi> He whip'd the buyers and sellers out of the
Temple, <hi>we may not</hi> without the authority of a publick person: He overthrew
the Tables of the Merchants, but the young man in <hi>Portugal</hi> who being trans<g ref="char:EOLhyphen"/>ported
with zeal and ignorance beat the chalice and the Sacrament out of the
Priests hand out of passion against his idolatrous service (as he understood it)<note place="margin">Foxe Martyros.</note>
had a sad event of his folly amongst men; and what reward of his zeal he
found with God is very uncertain. But whatsoever he taught to mankind,
of that also he became a glorious example:<note place="margin">S. Cyprian.</note> but <hi>by the Sermons onely we are
instructed, by the example incouraged:</hi> for <hi>admonetur omnis aetas fieri posse quod
aliquando factum est:</hi> we see it possible to be done what Christ commanded us
to doe, and then did, that <hi>we might follow his steps.</hi> But his example in these
things makes up no part of our Rule, because it is perfect without them: Here
our rule is perfect, and so is our example; but because Christ did some things
beyond our rule, and past our measures, and things of personal vertue and ob<g ref="char:EOLhyphen"/>ligation,
therefore we are to look upon Christ as imitable just as his life was
<pb n="384" facs="tcp:58903:221"/>
measur'd by the laws he gave us, where they are, even there we also must en<g ref="char:EOLhyphen"/>deavour
to be so. * There is this onely to be added: That in the prosecuti<g ref="char:EOLhyphen"/>on
of his obedience to his heavenly Father; he sometimes did action in <hi>gra<g ref="char:EOLhyphen"/>du
heroico,</hi> of great excellency; which although they are highly imitable, yet
they pass no obligation upon us but that we endeavour to tread in his steps,
and to climb up to his degrees, and to desire his perfections. * That these
pass upon us no other obligation appears because they are sometimes impossi<g ref="char:EOLhyphen"/>ble
to be attain'd to; and they are the highest and the best, and therefore are
not direct matter of duty, which belongs to all, to the highest and to the
lowest. * But that these do pass upon us an obligation to endeavour to at<g ref="char:EOLhyphen"/>tain
them, and of labour towards them in our circumstances, appears in the
greatest instance of all, the highest obedience, even that which was unto
death;<note place="margin">
                           <gap reason="illegible" resp="#TECH" extent="1 letter">
                              <desc>•</desc>
                           </gap> Pet. 2. 21.</note> for <hi>therefore Christ hath suffered for us, leaving an example to us, that we
might follow his steps:</hi> that is, when he had given his Church precepts and
propounded to them rewards of suffering: he also was pleas'd to give us the
greatest example as a commentary upon his own text; declaring that the
Commandement did extend to the greatest instance; and that we should do as
he did, <hi>obediens factus usque ad mortem,</hi> he was obedient even unto death; and
so must we when God requires it in particular. * And that this is our duty,
and that the obligation reaches thus farre, is certain upon the interest of love;
for we must love him who is our Lord and our God; we must love him with
all our heart and with all our powers; and therefore endeavour to be like him:
<gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>.
The greatest
honor we can doe to God and Gods law,<note place="margin">Hiercel. in ca<gap reason="illegible" resp="#TECH" extent="1 letter">
                              <desc>•</desc>
                           </gap>m. aur.</note> is to understand God and to become
like to him. For every one imitates that which he loves. <hi>Religiosissimus culturest
imitari,</hi> said <hi>Lactantius,</hi> that's an excellent instance of the Divine worship, to en<g ref="char:EOLhyphen"/>deavour
to become like to the Holy Jesus.</p>
                     <p>9.<note place="margin">36.</note> But this is to be reduc'd to practice so as that 1. The duty be cer<g ref="char:EOLhyphen"/>tainly
imitated; and 2. The degree of duty aim'd at; 3. And the instance
be chosen with prudence and liberty. Thus when we find that Christ did
spend whole nights in prayer; the duty here recommended is earnestness
and diligence in prayer. In this we must imitate our Blessed Lord; be<g ref="char:EOLhyphen"/>cause
his rule and his example make <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>, an excellent confe<g ref="char:EOLhyphen"/>deration
and society. But then to doe it with that vehemence and earnestness,
that degree of diligence, is a rare perfection which we can onely tend to in this
life, but we must doe what moral diligence we can: And as for the instance
and particularities of duty and devotion, we are yet at greater liberty, for we
are not oblig'd to pernoctation in praier, so we pray earnestly and assiduously,
which is <hi>the duty,</hi> and endeavour to doe it like Christ, which is <hi>the passion of the
duty,</hi> and the degree of love, and the way of perfection; but that it be in the
night, or in the day is but the circumstance of the duty, nothing of the Na<g ref="char:EOLhyphen"/>ture,
nothing directly of the advantage of it; and is to be wholly conducted
by prudence and consideration of accidents.</p>
                     <p>10. Afterall this; as Christ must be imitated in all matter of duty;<note place="margin">37.</note> and
is imitable in degrees of duty; and that for the circumstances of it we are
wholly at liberty: so also it is in matters of his own ordinance and institution
in which the Religion is to be obeyed, the design is to be observ'd and pro<g ref="char:EOLhyphen"/>moted,
the essentials of the observation to be infallibly retain'd; but in the
<pb n="385" facs="tcp:58903:221"/>
incidencies, and collateral adherencies which are nothing to the Nature of the
rite, nor at all appertain to the religion, there is no obligation, no advantage,
no love, no duty in imitating the practice of our Blessed Saviour. Thus to
celebrate the Blessed Sacrament of the Lords Supper with bread and wine, to
doe it in remembrance of his death, to doe it as he commanded, in obedience
to him, to receive it <hi>à praesidentium manu,</hi> from the hands of the Presidents
of Religion, is matter of duty, and matter of love, and matter of obedience;
but to suppose we are bound so to imitate the actions and circumstances of the
actions of Christ, as that it is duty or necessity that we take it in unleavened
bread, to mingle water with wine, to receive it in wines of Judaea, to receive
it lying or leaning on a bed, to take it after Supper, is so farre from being
matter of love or duty, and a commendable imitation of Christ, that it is mi<g ref="char:EOLhyphen"/>mical
and theatrical, trifling and superstitious, a snare to Consciences, and a
contempt of religion; it is a worshipping of God with circumstances in stead
of formes, and formes in stead of substances, it is like burning mushromes
upon the altar, and a converting dreams into a mystery; It is flattery, not
love, when we follow our Lord in those things in which he neither gave com<g ref="char:EOLhyphen"/>mand,
nor did any thing of Religion or excellence, that is, in which he nei<g ref="char:EOLhyphen"/>ther
propounded himself imitable, nor to be obeyed. For what worthiness
was there in it that Christ did eat this Supper at Supper time; or that when
he did institute this he was at his other Supper, and did as the fashion of the
Countrey was at his supper? what religion was there in it that he drank the
wine of his own Countrey? and what ceremony or mystery was it if accor<g ref="char:EOLhyphen"/>ding
to the usages of Sober persons he put water into his wine for his ordinary
beuvrage? and how could these become matters of Religion or imitation,
when they were onely the incidencies and investitures of the ordinary actions
of life and conversation? and in these things the interest of Religion is con<g ref="char:EOLhyphen"/>ducted
competently by common reason. He that follows the vices of his
Prince does like the man that worship'd <hi>Mercury</hi> by throwing stones at him;
and he serves him with a mischief, and to please his vitious Prince thrusts him
forward to Eternal ruine. But he that to humour him carries his neck aside, or
shrugs his shoulders in the same manner, or holds his knife at dinner by
his pattern, is a flatterer; but he onely loves his Prince and is a worthy ser<g ref="char:EOLhyphen"/>vant,
who fights bravely if his Prince be valiant, and loves worthy things by
his example, and obeyes his laws and celebrates his fame and promotes his
interest, and does those things in imitation, for which his Lord is excellent and
illustrious in al the world.</p>
                     <p>But because against a Rule no example is a competent warrant;<note place="margin">38.</note> and if
the example be according to the Rule, it is not the example, but the Rule that
is the measure of our action; therefore it is fit to inquire of what use it can be
to look after the examples either of the old or new Testament; and if it
be at all, since the former measures are not safe, to inquire which are.
In which inquiries we are not to consider concerning examples whose
practices are warranted by rules; for in them as there is no scruple, so nei<g ref="char:EOLhyphen"/>ther
is there any usefulness save onely that they put the rule into activity, and
ferment the spirit of a man; and are to the lives of men, as exhortation is
to doctrine; they thrust him forward to action, whose understanding and
Conscience was preingag'd.</p>
                     <p>
                        <pb n="386" facs="tcp:58903:222"/>
                        <hi>Of the use of examples in the <gap reason="illegible" resp="#TECH" extent="1 word">
                              <desc>〈◊〉</desc>
                           </gap> and new Testament.</hi>
                     </p>
                     <p>But then if it be inquir'd,<note place="margin">39.</note> What use examples are of beyond the collateral
incouragement to action, and which are safe to be followed? I answer,</p>
                     <p>1. That in cases extraordinary,<note place="margin">40.</note> where there is no rule, or none that is
direct or applicable with certain proportions to the present case, then we are to
look for example, and they are next to the rule the best measures to walk by.
But this is of no use in any matter where God hath given a law; but may serve
the ends of humane inquiry in matters of decency and personal proportions,
when men are permitted to themselves and their entercourse with others. For
the measures of humane actions are either the <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>, <hi>That which
is holy, and that which is just;</hi> and of this our Blessed Lord hath given full rules
and measures: or else the measure is, <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>, <hi>That which is wor<g ref="char:EOLhyphen"/>thy
and becomming such a person:</hi> and because laws doe not ever descend to such
minuits, the practices and examples of imitable and exemplary persons is the
auxiliary of laws. But this is coincident to that of fame and reputation, thus
if it be inquired in the daies of persecution, whether is be fit to fly or to abide
the worst; although we are by all general rules unlimited and unconstrain'd,
and so the question of lawful or unlawful will cease, yet because it may be a
Question of the <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>, we may look about and see what such men
as we are and ought to be, have done: <hi>Shall such a man as I fly?</hi> said
the brave <hi>Eleazar:</hi> he did not, and so made up the Rule by becom<g ref="char:EOLhyphen"/>ming
a worthy precedent.</p>
                     <p>2. In complicated questions when liberty and necessity are mingled to<g ref="char:EOLhyphen"/>gether,<note place="margin">41.</note>
Rule and example together make the measures. Thus if it be inqui<g ref="char:EOLhyphen"/>red
how we are to comport our selves towards our King, and what are the mea<g ref="char:EOLhyphen"/>sures
of our duty towards a Tyrant or a violent injurious Prince: the rule is
plain, <hi>we must not strike Princes for justice;</hi> and we must not hurt the Lords anoin<g ref="char:EOLhyphen"/>ted,
nor revile the Ruler of the people: but if we inquire further concerning
the extension of a just defence, the Example of <hi>David</hi> is of great use to us,
who not onely comported himself by the laws of God and Natural essential
reason; but his heart smote him for that he had cut off the lap of <hi>Sauls</hi> gar<g ref="char:EOLhyphen"/>ment:
and by his example kept us so far within the moderation of necessary
defence, that he allowed not any exorbitancy beyond it though it was harmless
and without mischief.</p>
                     <p>3. In the use of privileges,<note place="margin">42.</note> favours and dispensations where it is evi<g ref="char:EOLhyphen"/>dent
that there is no rule, because the particular is untied from the ligatures
of the law; it is of great concernment that we take in the limits of the
best examples. And in this we have the precedent of our Blessed Saviour
to be our guide: For when in the question of Gabels or tribute-money, he
had made it appear that himself was by peculiar privilege and personal right,
free; yet that he might not doe any thing which men would give an ill name
to, he would not make use of his right, but of his reason, and rather doe him<g ref="char:EOLhyphen"/>self
an injury, then an offence to others. This is of great use in all the like
inquiries: because it gave probation that it is better to depart from our right,
then from our charity: and that privileges are then best made use of, when
they are us'd to edification.</p>
                     <p>4. In all matters of doubt,<note place="margin">43.</note> when the case seems equal to the Conscience
on either hand, so that the Conscience cannot determine, there the examples
of wise and good men are of great use to cast the ballance and to determine the
action: for to an equal Scale every grane that is added will be sufficient to make
<pb n="387" facs="tcp:58903:222"/>
the determination. If it be disputed whether it be lawful to relie upon the
memory of our good works, and make them as an argument of confidence
in God; and the rules of conduct seem antinomies, and when we think Gods
goodness and justice is warrant for the affirmative, and yet the rules and pre<g ref="char:EOLhyphen"/>cepts
of humility bear us to the Negative; between these two, if they
stand on equal termes, the Example of <hi>Hezekiah</hi> is sufficient to make
the determination.</p>
                     <p>5. The greatest use of examples is in the interpretation of laws:<note place="margin">44.</note> when
the letter is equivocal, and the sence secret, or the degrees of action not de<g ref="char:EOLhyphen"/>termin'd;
then the practice of good men is the best external measure we can
take: for they are like <hi>sententiae judicatae</hi> in the law: the sentences of Judges
and the precedents in the like cases, by which the wisest men doe often make
their determinations. Thus the example of <hi>David</hi> in dividing the spoil between
them that fought and them that guarded the stuff, as being a sentence in a que<g ref="char:EOLhyphen"/>stion
of equity, became a precedent in the armies of Israel for ever after.</p>
                     <p>These are the uses we may make of Examples in Holy Scriptures and
Ecclesiastick writers;<note place="margin">45.</note> which uses are helps to our weakness, but no arguments
of the imperfection of Christs law; for all these uses are such which suppose
us <hi>unable to make use of our rule,</hi> as in the case of a doubting Conscience, or
<hi>not to understand it,</hi> as in case of interpretation; or else are <hi>concerning such things
which are not direct matter of duty,</hi> but come in by way of collateral obliga<g ref="char:EOLhyphen"/>tion:
as in matter of decency and personal proportions; for which although
examples may applie them, yet the laws of Christ have given us the General
measures.</p>
                     <p>But then since there is this use to be made of them,<note place="margin">46.</note> and the actions of men
in Scripture are upon so many accounts as I before reckoned inimitable and
unfit precedents: the next inquiry is, What are the positive measures by which
we may know what examples are imitable and fit to be proceeded in.</p>
                     <p>
                        <hi>The positive measures of example, and which may be safely followed?</hi>
                     </p>
                     <p>1. In this the answer hath but little difficulty not onely because of the
Cautions already given in the Negative measures,<note place="margin">47.</note> but because the inquiry is
after examples in cases where the Rule is not cleer and evident, not understood,
or not relied upon; and they being in some sense us'd onely in the destitution
of a rule, may with the less scruple be followed, because if there be no rule cleer
enough to guide the action, neither will there be any to reprove the example
Therefore that which remains is this;</p>
                     <p>2. That example is safe,<note place="margin">3</note> whose action is warranted by Gods blessing.
Thus the piety of the Egyptian Midwives was imitable, in that they refus'd
to kill the Lords people at the command of <hi>Pharaoh;</hi> for it is said, <hi>Therefore
God did build them houses,</hi> it was mingled with an officious lie, but that was but
accidental to their action and no part of its constitution, and therefore not re<g ref="char:EOLhyphen"/>lative
to the reward: but whatsoever God saies he rewards with a blessing,
that in equal circumstances may be safely imitated. I doe not say whatsoever
is blessed or is prosperous, is imitable: for it may be prosperous and yet un<g ref="char:EOLhyphen"/>blessed
in one regard and accursed in another, or successeful to day and blasted
to morrow, or splendid in this world and damned in the next; or permitted
for the trial of Gods servants, or the extinction of their sins, or the very thri<g ref="char:EOLhyphen"/>ving
of it may be the biggest curse, and nurse up the sin into its monstrous ugli<g ref="char:EOLhyphen"/>ness,
<pb n="388" facs="tcp:58903:223"/>
and is no other but like the tumor of an Ulcer, it swells indeed and grows
very great, but it is a sore all the way and is a contradiction to prosperity; and
sin never thrives unless it be in the most Catachrestical and improper way of
speaking in the world: but I say when it is said or plainly enough signified in
Scripture that God did bless the man for so doing; that for which he was
blessed, that I say is onely imitable. * And on the other side though an action
be describ'd in story without its mark of good or bad, it is a great condemna<g ref="char:EOLhyphen"/>nation
of the action if the event was intolerable and the proper production
was a mischief: and thus was the drunkenness of <hi>Lot</hi> condemned, because in<g ref="char:EOLhyphen"/>cest
was the product, and of <hi>Noah,</hi> because shame and slavery were the two
daughters of it.</p>
                     <p>3. Because in these examples for which there is no perfect rule the con<g ref="char:EOLhyphen"/>cernment
is not a direct but a collateral duty,<note place="margin">49.</note> not matter of direct obedience,
but fame and reputation, that <hi>things honest in the sight of all men be provided;</hi>
therefore such examples onely are to be followed which <hi>are of good report.</hi> A
man shall not be called a just person if he invades his neighbours rights, and
carries warre to dispossess a people that live in peace, upon pretence because we
find in Scripture that <hi>Nimrod</hi> did so; because he was an infamous person: but
when <hi>Joshuah</hi> kept the Gibeonites alive because though he was deceiv'd by
them yet he swore to them, and yet did make them to be slaves to his people;
he is very imitable both in one part and in the other, and we may not break our
words upon pretence we were deceived, but yet we may doe all that we can
justly doe for the interest of our relatives: and all this can well depend upon the
example of <hi>Joshuah</hi> because his fame is intire and illustrious he is accounted a
good and a brave man.</p>
                     <p>4. We must be careful to distinguish the examples of things lawful from
the examples of things good and just:<note place="margin">50.</note> and alwaies imitate these, but with
caution follow those <gap reason="illegible" resp="#TECH" extent="1 word">
                           <desc>〈◊〉</desc>
                        </gap> not onely because what was lawful in the old Testament
is not alwaies so in the New, but that what is <hi>lawful</hi> at all times, at some times
is <hi>not fit</hi> to be done. But then, let every example be fitted to the question: If
the inquiry be whether this action be <hi>holy</hi> or no? an example that declares it
<hi>lawful</hi> does not answer that question, but if it be ask'd whether it be lawful,
the example proving it to be holy does conclude the other more strongly.</p>
                     <p>5. When evident signs of piety like veins of Silver in the grosser earth
are mingled with the example,<note place="margin">51.</note> it adds many degrees of warranty to the deter<g ref="char:EOLhyphen"/>mination.
Thus our B. Saviour in his apology made for his Disciple appeald
to the example of <hi>David</hi> eating the bread of proposition: it was indeed an ar<g ref="char:EOLhyphen"/>gument
to them depending upon the fame of the Patriarch, but yet our B. Sa<g ref="char:EOLhyphen"/>viour
knew there was in it great charity and lines of piety to his hungry fol<g ref="char:EOLhyphen"/>lowers
when <hi>David</hi> neglected a ceremony that he might doe a charity and re<g ref="char:EOLhyphen"/>leeve
a necessity, and therefore Christ did it not because <hi>David</hi> did it, but be<g ref="char:EOLhyphen"/>cause
he might: <hi>Davids</hi> action was not Christs warrant, but the piety of the
thing was warrant to them both. And indeed this is the right use of examples:
by the advantage of the mans fame they may reprove an adversary, but by the
great lines of piety mingled with the body of the action they may become a
precedent for our imitation.</p>
                     <p>I have now given accounts concerning that principle (mention'd num. 25.)
which affirms <hi>[every thing to be imitable if done and described in the Scripture]</hi>
unless it be signally forbidden. Concerning the other <hi>[That nothing is safe
or warrantable that is not]</hi> I reserve it for its proper place.</p>
                  </div>
               </div>
               <div n="3" type="chapter">
                  <pb n="389" facs="tcp:58903:223"/>
                  <head>CHAP. III. Of the Interpretation and Obligation of the Laws of
JESVS CHRIST.</head>
                  <div n="1" type="rule">
                     <head>RULE 1. In Negative precepts the Affirmatives are comman<g ref="char:EOLhyphen"/>ded,
and in the Affirmative commandements
the Negatives are included.</head>
                     <p>
                        <seg rend="decorInit">N</seg>OT he that gives the law onely,<note place="margin">1.</note> but he who autho<g ref="char:EOLhyphen"/>ritatively
expounds the law becomes to us a <gap reason="illegible" resp="#TECH" extent="1 word">
                           <desc>〈◊〉</desc>
                        </gap> 
                        <gap reason="illegible" resp="#TECH" extent="1 letter">
                           <desc>•</desc>
                        </gap>gi<g ref="char:EOLhyphen"/>ver:
and all who beleeve in God and in Jesus Christ
confess themselves Subjects of the Christian Laws;
but all doe not obey alike, who confess themselves
equally bound, and are equally desirous to obey: be<g ref="char:EOLhyphen"/>cause
men by new or false or imperfect interpretation
of laws become a law unto themselves or others, gi<g ref="char:EOLhyphen"/>ving
them measures which our Blessed Lord never in<g ref="char:EOLhyphen"/>tended:
and yet an error in these things is far more dangerous then in a thou<g ref="char:EOLhyphen"/>sand
others in which men make greater noises. I shall therefore indeavor to de<g ref="char:EOLhyphen"/>scribe
plain and rational measures of interpretation, that we may walk securely.</p>
                     <p>It is observable that in the Decalogue and so in the whole law of <hi>Moses</hi>
there are more negative Precepts then affirmative.<note place="margin">2.</note> The Jewish Doctours say
that there are sixe hundred and thirteen precepts given by <hi>Moses,</hi> according to
the number of letters in the Decalogue which are sixe hundred and thirteen
But of these 348. are affirmative according to the number of the joints of a
mans body: but 365. are Negative according to the number of the daies
of the yeer: but to omit these impertinent and aiery observations of the Jews
it ministers some useful and material considerations, that in the Decalogue all
the Moral precepts one onely excepted, are Negative (for that of the Sabbath
is the <hi>caput ceremoniarum:</hi>) But that of obedience to our Superiours is onely
positive and affirmative: The reasons were these, by which also we can under<g ref="char:EOLhyphen"/>stand
the usefulness of the observation.</p>
                     <p>1.<note place="margin">3.</note> Because this being the first great reformation of the world was to pro<g ref="char:EOLhyphen"/>ceed
by the measures of Nature; from imperfection to growth: from the
beginnings of Religion to its greater excellencies: but in Nature the first
step of our progression is to abstain from evil;
<q>
                           <l>Virtus est vitium fugere, &amp; sapientia prima</l>
                           <l>Stultitiâ caruisse.—</l>
                        </q>
and therefore the face of the Commandement was covered with the robe of
<pb n="390" facs="tcp:58903:224"/>
discipline, and God would so secure their services that they should not displease
get him; but the excellencies of holiness by which he was to be indear'd to
mankind were especially the glories of Christ, not the horns of <hi>Moses,</hi> the per<g ref="char:EOLhyphen"/>fections
of Evangelical Sanctity, not of the beginnings of the law.</p>
                     <p>2. The great Sanction of the law was fear of punishment;<note place="margin">4.</note> and there<g ref="char:EOLhyphen"/>fore
God chose to represent his law to them in Negatives, that according to
the endearment so might be the obedience: Now to abstain from evil is the
proper effect of fear, but to doe good for fear of punishment is as improper as
to threaten a man into love. Fear is the bridle of servants and boys, love is the
spurre of brave and good men.
<q>
                           <l>Non furtum feci, nec fugi, si mihi dicat</l>
                           <l>Servus, habes pretium, loris non ureris, aio:</l>
                           <l>Non hominem occidi, non pasces in cruce corvos.</l>
                        </q>
Thats the dialogue of Masters and Servants. If you be a thief you shall be
condemned to the mill; if you be a murderer, you shall be broken upon the
wheel; but if you abstain from such crimes, your reward shall be, you shall
escape the <hi>furca:</hi> since therefore the spirit of the law was the spirit of fear and
of bondage, God did transact his Covenant with them in negative measures.</p>
                     <p>3. The law of <hi>Moses</hi> was a pursuance of the Covenant of works;<note place="margin">5.</note> and
since it had in it very little beside the Umbrages of the <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap> the sweet
yoke of the Gospel, it did stipulate for exact measures: but therefore the
precepts were negative that the obedience might be the more possible, and the
injunction the neerer to paternal: for it is much more possible to abstain from
sins of commission then from sins of omission: So that,
<q>Optimus est qui minimis urgetur,</q>
is the best measure of obedience to the Mosaick law: he is the good Man who
cannot be accused to have done what the law forbids, he who hath done the
fewest evils, not he who does the most good: and thus also the Phari<g ref="char:EOLhyphen"/>sees
understood their duty: and they were not reprov'd by our blessed Lord,
for understanding the Negative precepts by the rules of abstinence and a Ne<g ref="char:EOLhyphen"/>gative
duty; but because they understood their Negative duty onely by the
measures of the letter, not of the intention and Spirit of the law: and 2. be<g ref="char:EOLhyphen"/>cause
when they had been by the Commentaries of the Prophets and other
holy men instructed in some Evangelical measures and more perfect intend<g ref="char:EOLhyphen"/>ments,
secretly at first design'd by God, and so expounded by the Prophets
by way of Evangelical preparation; yet they would still adhere to the old and
first understandings of the law; because they lov'd some sins which (as they
had known) were forbidden by those Negative precepts if they would have
opend their hearts to understand them as they should.</p>
                     <p>4. That the fifth Commandement is affirmative in the midst of all the
Commandements that are Negative,<note place="margin">6.</note> hath a peculiar reason, but nothing
against the former discourse: for it being a Sanction of obedience to our Su<g ref="char:EOLhyphen"/>periours
under God, is to be expressed in actions and external significations;
Not onely because these onely can doe benefit, service and advantages to
our Parents and Princes, but because of nothing else can they be judges: Men
take no cognisance of thoughts and secret purposes; but of outward signifi<g ref="char:EOLhyphen"/>cations;
<pb n="391" facs="tcp:58903:224"/>
and therefore the precept was to be affirmative, that is, preceptive
of outward actions. 2. There is in children toward their Parents so much
natural love and so much fear, and they are so long under their power and the
needs of minority, that it will very rarely happen that children can despise
their parents or curse them: their own interest, and their own passions, and
their own affairs will secure the negative measures of that Commandement;
and therefore the world was in this instance dispos'd to receive greater de<g ref="char:EOLhyphen"/>grees
of injunction and a higher Commandement: Nature in this instance
doing the same office for them as the whole law did in the other; that is, it
was <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap> a Schoolmaster to bring them to Christ: and if they had been
as much disposed for the entertainment of the rare and excellent affirma<g ref="char:EOLhyphen"/>tive
Commandements of Christ in the matter of chastity and charity and
meekness and humility as in the matter of duty to their Parents, there
would have been less need of the interposition and interval of the law of <hi>Moses</hi>
before the comming of Christ.</p>
                     <p>And these observations are verified by the <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap> or corresponding
part:<note place="margin">7.</note> for the precepts of Christ are positive and affirmative, as appears in
his Sermon on the Mount, which is the Summary of his Law, in which
when he expounded the Negative commands of <hi>Moses,</hi> he still superadded
an affirmative of his own: So that it will be nothing but matter of specu<g ref="char:EOLhyphen"/>lation
to discourse whether or no in the law of <hi>Moses,</hi> the affirmatives were
included in the Negatives; it is certain the Pharisees did not understand them
so; and they are not alwaies involved in the nature of each other, and the
promises of the law were not sufficient to incourage the <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap> the doing
of good works, though the fear was enough to restrain the evil: but that
which concerns the Conscience is that which now is evident and palpable: In
the laws of Jesus Christ the negative and affirmative are but correlatives;
<hi>opposita relativa,</hi> and doe inferre each other. Thus we find it expressed often
<hi>Whoso looketh on a woman to lust,</hi>
                        <note place="margin">Matth. 5. 28, 29</note> 
                        <hi>hath committed adultery:</hi> that was our Blessed
Lords commentary on the sixth Commandement which was negative; but
he addes;<note place="margin">39, 40.</note> 
                        <hi>If thy right eye offend thee pluck it out.</hi> So again, <hi>Resist not evil,</hi> thats
the negative precept, but Christ adds, <hi>If any man sues thee at the law and takes thy
coat, let him have thy cloak also.</hi> So in the matter of oaths, Christ said, <hi>Swear
not at all:</hi> for he still added a more severe negative to the Negative of the Law;
but then he addes his own affirmative: <hi>Let your communication be yea,
yea, nay, nay;</hi> that is, let it be plain and simple, meek and positive,
easie and ingenuous.</p>
                     <p>Thus our Blessed Lord did in his recitation and exposition of the Moral
Commandements deliver'd by <hi>Moses;</hi>
                        <note place="margin">8.</note> in the interpretation and inlargement of
which although it was proper to declare a Negative; by a Negative; yet he
would follow his own method and design, and superadde his own affirma<g ref="char:EOLhyphen"/>tive;
and when he was doing the office of a Lawgiver rather then of a Pro<g ref="char:EOLhyphen"/>phet
and expounder of the old law, there his words were positive and affir<g ref="char:EOLhyphen"/>mative.
Witness the eight Beatitudes; the precepts of charity and humi<g ref="char:EOLhyphen"/>lity,
of giving and forgiving, of fasting and prayer, and many others: but
because in the doing all this, he made large discourses and gave laws and ex<g ref="char:EOLhyphen"/>hortations,
precepts and reasons, promises and threatnings in complication and
mutual consequences; therefore we are without further inquiry sufficiently in<g ref="char:EOLhyphen"/>structed
that our duty is now intended to be complete, and as we must abstain
from all evil, so we must doe all the good we can.</p>
                     <p>
                        <pb n="392" facs="tcp:58903:225"/>
But this is to be understood with its proper caution.<note place="margin">9.</note> For we say in Lo<g ref="char:EOLhyphen"/>gick,
<hi>ad Negationem non sempter sequitur affirmatio oppositi:</hi> every Negative
does not presently inferre every contrary affirmative, as a matter of duty.
It follows well, <hi>Thou shalt not forswear thy self,</hi> but <hi>thou shalt pay to the Lord
thy vewes,</hi> but it does not follow, that therefore thou shalt make vows: So
in these also there is no consequence of obligation. Thou shalt not take
from thy Neighbour what is his; therefore thou shalt give to thy Neigh<g ref="char:EOLhyphen"/>bour.
Thou must take from none, therefore thou must give to all: Thou
must not give false testimony; therefore thou must tell all the truth thou
knowest: Thou mayest not give wrong judgement, therefore you must give
right; for it may so happen that you need not give any at all: These
instances point out to us the measures of affirmatives which follow from the
contrary Negations. Thus:</p>
                     <p>1. Affirmative duty follows from the Negative;<note place="margin">10.</note> not in contraries but
in contradictories. To make a vow and break a vow are contraries; and
therefore it follows not, because I must not break a vow therefore I must
make one: but to break a vow and not to break it are contradictories, and
therefore if one be forbidden the other is commanded; and if the Comman<g ref="char:EOLhyphen"/>dement
be expressed in Negatives; Thou shalt not break thy vows, the affir<g ref="char:EOLhyphen"/>mative
is in the bosome of it, therefore thou shalt keep them: because, unless
this part of the contradiction be done, the other is, and therefore it is not
enough, that we doe nothing expressly against the instance of the vow;
but we must also understand our selves oblig'd to the performance of it accor<g ref="char:EOLhyphen"/>ding
to the first intention. The reason of this is, because between two con<g ref="char:EOLhyphen"/>traries
there can be a third thing of a disparate Nature; not at all included
or concluded by either part, either by inference or by opposition.</p>
                     <p>2. From a Negative an affirmative is not alwaies inferr'd in a particular
instance:<note place="margin">11.</note> We must not be uncharitable in any instance; but it follows not that
by vertue of this Commandement, therefore we must be charitable, or doe
our almes in every instance: for every man is not bound to redeem captives,
or to visit prisoners: the reason is, because uncharitableness and visiting pri<g ref="char:EOLhyphen"/>soners
are not opposed in their whole matter and nature; but the Comman<g ref="char:EOLhyphen"/>dement
which is contrary to uncharitableness can be obeyed according to all
its intention although it be not instanc'd in that particular. But this is to be ad<g ref="char:EOLhyphen"/>ded;
that when by accidents and circumstances and the efficacy of some other
Commandement we are called upon to this instance; then that this be done is
by vertue even of the negative, by the prohibition of uncharitableness, because
when we are determin'd to an instance, the Sanction of the whole Commande<g ref="char:EOLhyphen"/>ment
is incumbent on it; and will not be satisfied without it; but in other
cases it is indifferent, and is obeyed by any instance that is fitted to our cir<g ref="char:EOLhyphen"/>cumstances
and to our powers. It is like a mans stomach, which of it self is in<g ref="char:EOLhyphen"/>different
to any good meat, but when by a particular <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap> or accident it re<g ref="char:EOLhyphen"/>quires
this and nothing else, it must either have this or it will fast: So are affir<g ref="char:EOLhyphen"/>mative
laws; though they oblige to every instance, and are indifferent
to any that we can and may, yet sometimes we are determin'd to this and no
other, and then the whole force of the law is upon it. But else, ordinarily it is
true; that the universal negative infers onely the indefinite affirmative; not
the particular: The <hi>Universal</hi> is onely inferd by the consequence, the <hi>particular</hi>
by accidents and circumstances.</p>
                     <p>
                        <pb n="393" facs="tcp:58903:225"/>
3. From a Negative law the affirmative is inferr'd but not in the same
degree of duty and necessity.<note place="margin">12.</note> It is not so great a sin if we neglect an act of
charity, or an opportunity of doing glory to God, as if we doe an act of uncha<g ref="char:EOLhyphen"/>ritableness,
or positively dishonour God. The reason is, because sins of omis<g ref="char:EOLhyphen"/>sion
are less then sins of commission, because negligence is not so bad as malice,
and of omission sometimes there is no evil cause, but a meer negative or una<g ref="char:EOLhyphen"/>voidable
inadvertency; but of a sin of commission, the cause is alwaies posi<g ref="char:EOLhyphen"/>tive,
and therefore alwaies intolerable.</p>
                     <p>4. The affirmative which is inferr'd by the Negative law of Christ is
not absolute and unlimited like the Negative,<note place="margin">13.</note> but modificated and limited by
its proper and extrinsick measures. We must in no case and for no regard hin<g ref="char:EOLhyphen"/>der
our innocent Neighbour from doing his necessary work, but it does not
follow, that therefore we must alwaies set his work forward, and lend him oxen
to plough his land: for it is in no case lawful to doe evil, but in many cases it is
lawful not to do good: that is, there is something more required to specificate a
positive act besides the consequence of a Negative law: For although the body
of an action is there commanded, yet because the body of the action must be
invested with circumstances, they also must have their proper causes, or they
cannot have a direct necessity. <hi>Never turne thy face from any poor man,</hi> is a ne<g ref="char:EOLhyphen"/>gative
precept: to which the affirmative of Christ doth rightly correspond,
<hi>Give to every one that asks:</hi> Now although the Negative is universally to be
observ'd in its own just sense, <hi>Ut nè aversemur à paupere;</hi> that is, that we deny
not to be charitable to him; yet when this comes to be specificated by positive
actions, the Commandement is not the onely measure; but some conditions
are requir'd of him that is to receive; and some of him that is to give: for
for to him that will not work when he can, we are not to give; and he that
needs it for himself is not oblig'd to part with it to his Brother; supposing
their needs are equal or not extreme. To this purpose is that known rule, that
<hi>Negative precepts oblige alwaies, and to an actual obedience in all times:</hi> but <hi>affir<g ref="char:EOLhyphen"/>mative
although they alwaies oblige, yet they can be obeyed but in their own season.</hi>
So that although every Negative precept is infinite and hath no limit; yet
the affirmative have extrinsick measures and positions of their own, some<g ref="char:EOLhyphen"/>thing
to make them laws to me and you, though the consequence of the
negative is sufficient to make them to be laws to all Mankind. So that
although Negative precepts may be the mother of affirmatives, yet the
child is but a dwarf and not like the Mother; and besides that it is exposed
to be nursed by chance and by circumstances, by strangers and all the mea<g ref="char:EOLhyphen"/>sures
of contingency.</p>
                     <p>5. When affirmatives are included in, and inferred from the Negatives,<note place="margin">14.</note>
                        <hi>the proportion</hi> of them is not positive but comparative: Thus when our Bles<g ref="char:EOLhyphen"/>sed
Lord had given Commandement, <hi>Resist not evil,</hi> That is, we should not
doe evil for evil: the affirmative which is properly consequent from this,
is, <hi>Doe good for evil:</hi> and this is obliging according to the former measures:
but when you inquire further into the proportions, and ask after the instances,
which our B. Saviour made, we shall find that their obligation is not <hi>positive</hi>
but <hi>comparative: If a man strike thee on thy cheek, turn the other also,</hi> that is,
rather then revenge thy self for one jnjury, receive another: and rather then
vexe him who forces thee to goe a mile, goe with him two mile: not that
Christ intends you should offer to doe thy self a shrewd turne, or invite ano<g ref="char:EOLhyphen"/>ther;
nor that thou shouldst suffer it, if thou canst fairly avoid it: but that
<pb n="394" facs="tcp:58903:226"/>
thou shouldest choose rather to suffer two evils, then doe one. But this is espe<g ref="char:EOLhyphen"/>cially
to be reduc'd to practice in matters of Councel rather then Precept;
that is, <hi>when the affirmative inferr'd from the Negative is matter of perfecti<g ref="char:EOLhyphen"/>on
rather then positive necessity; then the comparative proportion is a duty; but
the absolute proportion and measure is but Councel.</hi> To oblige an Enemy and doe
him acts of favour and benefit is an excellency of charity: for which Chri<g ref="char:EOLhyphen"/>stians
shall receive a glorious reward: but this is a Councel of perfection, which
if upon probable reasons, and fairly inducing circumstances it be omitted, a
man shall give no answer for: but when the case is so, that it must be that I
must either take revenge of him, or else rescue him from that revenge by an
act of kindness, by a labour of love, or an expence of charity, then this becomes
a duty; for in comparative measures every affirmative is at least obligatory:
that is, we must rather be at any trouble, or expence to doe an affirmative, then
prevaricate a Negative Commandement.</p>
                     <p>But then as to the other part of the Rule;<note place="margin">15.</note> that [<hi>in the affirmative Com<g ref="char:EOLhyphen"/>mandement
the Negative is included;</hi>] there is no other difficulty but this, that
caution be had that the negative be oppos'd to the affirma<gap reason="illegible" resp="#TECH" extent="1 letter">
                           <desc>•</desc>
                        </gap>ive in relation to the
same Subject: for because we are bound to love our friends therefore we must
not hate them; but it follows not (as the Pharisees did falsely comment on this
text) Because we must love our friends therefore we must hate our enemies;
for these two are not oppos'd as affirmative and negative in the same subject;
but as two affirmatives relating to Subjects that are divers.</p>
                     <p>But this is sometimes not to be understood of the precise Commande<g ref="char:EOLhyphen"/>ment
it self,<note place="margin">16.</note> but of the appendages; I mean the promises and threatnings:
for though it follows, we must doe good to our Neighbour; therefore we
must doe no evil to him: yet it does not follow, Doe this and live, therefore
if ye doe not doe it ye shall die: the reason of that is this, because there are
some things encouraged with excellent rewards, the negatives of which are
permitted to us with impunity: Thus it is said by our blessed Saviour, <hi>When
thou makest a feast, invite the poor, and thou shalt have recompence in heaven;</hi>
but then if we doe not invite the poor it does not follow that we shall be pu<g ref="char:EOLhyphen"/>nished
in Hell; but we shall not have that recompence which the Hospitable
man shall have: So that to invite the poor is an affirmative precept; but in this
the Negative included is not; [Thou shalt not invite the rich] or if thou do<g ref="char:EOLhyphen"/>est
thou shalt be punished: but that [it is not so excellent a thing, it is not so
incouraged by the proposition of an eternal reward;] but expires in a tem<g ref="char:EOLhyphen"/>poral
interest: So that the <hi>Negative included</hi> relates to the <hi>reward,</hi> not to
the <hi>precept,</hi> and means this onely: if thou doest not invite the poor thou shalt
not have any reward in heaven; for feasting and making entertainments. But
the sign of this is, 1. <hi>when the precept is onely in the particular instance of a
general commandement;</hi> as this of inviting the poor is of alms or charity:
or else 2. When it is matter of Councel and not of express precept:
then the Negative is not directly included in the preceptive words, but in
the reward that is appendant.</p>
                     <p>Lastly,<note place="margin">17.</note> when it is said that in the affirmative precepts the Negatives are
included; the word [Negative] is to be understood in the Moral sence;
that is, so as to include the privatives also: Thus when we are commanded to
love our Brother, it is not onely forbidden to us to hate him; but we are al<g ref="char:EOLhyphen"/>so
commanded not to omit to express our love by Symbolical actions: for
<pb n="395" facs="tcp:58903:226"/>
not onely contrarieties and repugnancies to the duty of the Commandement;
but even omissions also are forbidden: and this is highly to be regarded in the
matters of charity; which toward Enemies we use to estimate by our not cur<g ref="char:EOLhyphen"/>sing
him, our not hurting him, our not being revenged on him: these indeed
are proper instances of the Negative included; but the privatives also are to
be considered; for not loving him is hating him; our refusing to doe
him kindness, our not praying for him, our unaptness to doe him good
offices, our remembring and reporting his injustice, our refusing to converse
with him and denying him the comforts of our Society, when without dan<g ref="char:EOLhyphen"/>ger
or injury to our selves we may converse; is a prevaricating the Negative
or privative measures of the Commandement.</p>
                  </div>
                  <div n="2" type="rule">
                     <head>RULE 2. When a Negative and an Affirmative seem op<g ref="char:EOLhyphen"/>posite
in any sence, the Affirmative is to be
expounded by the Negative, not the Negative
by the Affirmative.</head>
                     <p>THus are those various expressions of our Blessed Saviour to be considered
and understood.<note place="margin">1.</note> 
                        <hi>Unless ye eat the flesh of the Son of Man and drink his
bloud, ye have no life in you:</hi> and yet our Blessed Lord saies, <hi>He that eateth the
flesh of the Son of man hath life abiding in him.</hi> Now to them who suppose these
words to relate to the Sacramental manducation, the question is, Whether or
no it be necessary to drink the bloud <hi>in specie</hi> as well as to eat the flesh? be<g ref="char:EOLhyphen"/>cause
of the exclusive Negative requiring both under the forfeiture of eter<g ref="char:EOLhyphen"/>nal
life; or shall it suffice to receive the flesh onely, because life is promised to
to be in him who eats the flesh, in that place no mention being made of
drinking the bloud.</p>
                     <p>To this the answer is made by this Rule;<note place="margin">2.</note> the Negative cannot be lessen<g ref="char:EOLhyphen"/>ed
by the Affirmative, because a Negative can have no degrees as an Affirma<g ref="char:EOLhyphen"/>tive
can; and if the Affirmative were in this case sufficient, when the Nega<g ref="char:EOLhyphen"/>tive
is express to require more, then the Affirmative were directly contrary
to the Negative: but on the other side, though the Affirmative requires less
then the Negative, there is no contradiction. 1. Because in matters of duty
whatsoever is any where requir'd is every where suppos'd; and no interpreta<g ref="char:EOLhyphen"/>tion
can lessen it from what it is in its whole integrity. 2. Because all our
duty is not every where repeated, but the not repeating it in any place cannot
annull the obligation in that place where it is expressly requir'd. 3. Because
a threatning in all laws is of more force and efficacy then a promise; and
therefore when under a threatning more is requir'd, the promise that is affix'd
to a part of it must be understood by the analogy and promise to that threat<g ref="char:EOLhyphen"/>ning,
because one thing is enough to destroy us, but one thing is not enough
to preserve us, <hi>Bonum ex integra causa, malum ex qualibet particulari.</hi> 4. Be<g ref="char:EOLhyphen"/>cause
it is ordinary in Scripture to give the promise to every part of duty<g ref="char:punc">▪</g> which
yet shall never be paid to that alone: thus to purity, to poverty of Spirit, to
mercy, to faith, to almes, to patience, to hope, the promises of blessedness
are given; but although it is said, <hi>the pure in heart shall see God;</hi> and <hi>the poor
<pb n="396" facs="tcp:58903:227"/>
in spirit shall have the Kingdom,</hi> and they that quit houses and lands for Christs
sake shall receive the reward of the other world; yet unless all that is requir'd
be put together in the duty, nothing of the reward shall be given to the per<g ref="char:EOLhyphen"/>son.
Every part of an exclusive negative is an indispensable duty; but every
affirmative that is incouraged by a promise does not contain a whole duty, but
a part of duty, which by being Symbolical to the whole is incouraged as every
other part is, but is not paid but in an intire payment, to an intire obedience.</p>
                     <p>This also is true when in the affirmative more is put then in the Negative,<note place="margin">3.</note>
for even then the Negative is the strict measure of the Commandement, and
the limit of its absolute necessity and exaction. <hi>He that beleeveth and is bapti<g ref="char:EOLhyphen"/>zed
shall be saved,</hi>
                        <note place="margin">Mark. 16.</note> 
                        <hi>but he that beleeveth not shall be damned.</hi> Here the negative
is the utmost limit; the <hi>necesse esse</hi> is describ'd in that; the <hi>bene esse,</hi> and the or<g ref="char:EOLhyphen"/>dinary
expectation in the other: by which we are thus to understand this and
such other expressions, that the Negative contains the indispensable duty, and
supposes an obligation that nothing can excuse in persons capable; but the
Affirmative that supposes more is yet for that which is over and above content
with a less necessity, and admits of easier dispensation: For it containing all
that is expected is like a <hi>Summum jus</hi> which though by the method of laws it
is often expressed that obedience may be invited as forward as it can, yet the
<gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap> or the abatement is in the Negative; thats the lowest, and therefore
it is bound up with the penalty. For to the highest duty the reward is promised,
and it is more then enough to pay it, but the punishment is threatned by lower
measures: God abates much before he smites; and though he will reward eve<g ref="char:EOLhyphen"/>ry
good we doe, yet every good that is omitted is not punished with death. But
this is to be understood when the good is of that Nature that it may be omit<g ref="char:EOLhyphen"/>ted
upon a probable cause, or without malice; or without the direct preva<g ref="char:EOLhyphen"/>rication
of an express Commandement. For many good things are wholly
put to us upon the account of hope and promises, and not of Commande<g ref="char:EOLhyphen"/>ments,
and obedience: though in these also God makes what abatements he
please: but we are to make none at all.</p>
                  </div>
                  <div n="3" type="rule">
                     <head>RULE 3. In the Affirmative and Negative precepts of Christ,
not onely what is in the words of the Comman<g ref="char:EOLhyphen"/>dement,
but whatsoever is Symbolical or alike,
is equally forbidden or commanded.</head>
                     <p>WHen S. <hi>Paul</hi> had enumerated the works of the flesh,<note place="margin">1.</note> and had put into
the Catalogue most of those crimes which are commonly nam'd in
laws and fame and the manners of men;<note place="margin">Gal. 5. 21.</note> he adds, <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>, and those
things which are like to these. For 1. there are some things which are too
bad to name, such were the impurities of the <hi>Tribades, Fellatrices, Dranci, Pa<g ref="char:EOLhyphen"/>thici,
Paedicatores,</hi> of which the Apostle saies, <hi>it is a shame even to name such
things as are done of them in secret:</hi> 
                        <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>, thats the general word
which the Apostle uses for them all, <hi>dishonourable lusts:</hi> Now when all un<g ref="char:EOLhyphen"/>natural
lusts are forbidden, all mixtures but what are hallowed by marriage,
<pb n="397" facs="tcp:58903:227"/>
the order of Nature, it is no part of the perfection of the law, to name
the species of impurity, and the circumstances of that vileness which
gets new names as men please to undoe themselves by tricks and artifices
of shame.</p>
                     <p>2. There are some sins which are like new diseases, vile and infectious in
one yeer, or in one age which were never heard of before, and die with re<g ref="char:EOLhyphen"/>proach
and are never heard of again. That a woman should grow to that
impudence as to marry her adulterer in the same town where her husband was
living, and a Prince, was so rare a contingency, that though it was once done
in <hi>Rome,</hi> yet no law was needful to prevent it: and there needed no law to for<g ref="char:EOLhyphen"/>bid
a man to marry a boy; yet <hi>Nero</hi> did marry <hi>Sporus,</hi> and he married <hi>Do<g ref="char:EOLhyphen"/>ryphorus,</hi>
whom <hi>Tacitus</hi> calls <hi>Pythagoras:</hi> but this was no less a sin, because it
was not the express vocal contradiction of a law; it was against a law that
nam'd it not.</p>
                     <p>3. There are some sins which Nature and the publick manners of the
world doe so condemne, that they need no special mention in the laws. No
law forbids us to eat mans flesh, and yet all the civil part of mankind hate and
condemne them that doe it; and those Egyptians who did <hi>Deperire desun<g ref="char:EOLhyphen"/>ctarum
cadavera,</hi> fall in love with the dead bodies which they did anoint, were
condemned by the voice of all the world, without the charges of an express
law; and all that read the Narratives of the Gnostick impurities, how they
did in the impurest sense, <hi>Litare in sanguine femineo,</hi> and make their Eucharist
of matter of abhomination, have enough of prime reason and common no<g ref="char:EOLhyphen"/>tices
of laws and things to condemn their vileness, though they never study the
question or inquire which Commandement they prevaricate.</p>
                     <p>4. There are some sins like others that are nam'd; which are not distinct
kinds, but like the monsters of <hi>Africa</hi> produc'd by heterogeneous mixtures,
or equivocal generation: Thus to geld a child to make him have a good voice
is so like cruelty, and the unmercifulness of homicide or mutilation, and is such
a curiosity of voluptuousness and sensuality, that though it wants a name to
signifie its whole sinfulness, yet it must stand condemned though there be no
text against it describ'd expressly in the Tables of the law. To give money for
Ecclesiastical preferments is so <hi>like the sin of Simon Magus,</hi> that it hath ob<g ref="char:EOLhyphen"/>tain'd
his name and his reproach, and yet it is not the same crime; but up<g ref="char:EOLhyphen"/>on
the account of S. <hi>Pauls</hi> 
                        <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap> or <hi>Similitude,</hi> it hath the same con<g ref="char:EOLhyphen"/>demnation.
Thus <hi>Polygamy</hi> is like adultery, and marrying after divorce (ex<g ref="char:EOLhyphen"/>cept
onely in the case of fornication) is like <hi>Polygamie.</hi> Concerning which
things, there is one measure <hi>in general,</hi> and some other more <hi>particular.</hi>
1. In <hi>Generall.</hi>
                     </p>
                     <p>* <hi>The likeness of things to those which are expressly forbidden is not to be
estimated by formes and outsides,</hi>
                        <note place="margin">2.</note> 
                        <hi>and material resemblances, but by the intrinsick ir<g ref="char:EOLhyphen"/>regularity
and reason of the prohibition.</hi> To kill a wife or daughter taken in
Adultery even in those Countries where by the laws it is permitted, looks as
like murder, as killing can: but because the laws allow the interested man to
be the executioner, it is the publick hand not the private that takes the venge<g ref="char:EOLhyphen"/>ance:
and therefore they are not alike in a culpable similitude. But on the
other side, to take my goods whereever I find them looks like justice; but
because of justice a man is not to be Judge and executioner in his own case, and
this thing is in many cases forbidden by the laws, this is against justice; for it is
not enough that it is his own; for although it is <hi>justum,</hi> a just thing to take
my own, yet to doe it from a thief by private authority where it is forbid<g ref="char:EOLhyphen"/>den
<pb n="398" facs="tcp:58903:228"/>
by the publick, is <hi>justum injustè factum,</hi> a just thing done after an unjust
manner. But if there be a likeness of injustice, a prevarication of the same
reason, an equal injury, then not the letter of the law, but the reason and
the spirit of it is its condemnation. <hi>Par pari referre,</hi> to give back the good
I have borrowed is one of the great lines of Justice; and upon this account
we are bound to pay debts, to performe contracts, to make equal returnes
of valuable considerations, and whatever is against this is against justice. But
then because acts of kindness are the transition of a good from one to ano<g ref="char:EOLhyphen"/>ther,
and although it is without a bargain, yet it is not without an obligation
ingratitude comes under the <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>, it is so like injustice that it is the
worse for it. It is expressly commanded that we should provide for our
children according to our powers: and therefore they that expose them are
worse then infidels and have denyed the faith: but then to deny to nurse their
own children (unless it be upon a just and a reasonable cause, upon charity or
necessity) is so like exposing them, that it must stand as reprobate under the
sentence of the same Commandement.</p>
                     <p>2. But <hi>the particular</hi> measures of this Rule are these:<note place="margin">3.</note> 
                        <hi>watsoever is of the
same specification is of the same obligation and necessity.</hi> But if men would
be ingenuous and worthy in giving sentences of their actions and understand<g ref="char:EOLhyphen"/>ing
the measures of their duty, there could be no difficulty in this. For men
are easie enough to consent to a General rule, but they will not suffer their
own case to be concerned in it: and they understand the particulars too fast,
when it is the interest of their Brother, but if it be their own they know no<g ref="char:EOLhyphen"/>thing
of it. It is written, <hi>Thou shalt not tempt the Lord thy God,</hi> and all the
world consented to the law since the promulgation: but yet many nations and
many ages of Christendome did admit the tryals of rights by duels, and of
innocency by fire Ordeal: which was as direct a tempting of God as any
thing next to desperation it self: and by this is sufficiently reprov'd. If
the labourer be worthy of his hire, then so is the Priest: if the Priest of
the old Law, then also the minister of the Gospel: which particular I
choose to instance in, that by occasion of it I may give caution against
that which causes errour in the application of this measure and sense of
laws unto the Conscience.</p>
                     <p>For because all actions are invested and varied with many circumstan<g ref="char:EOLhyphen"/>ces,<note place="margin">4.</note>
they who are concern'd in a particular with which they are willing to
escape, think every new circumstance to be a warrant great enough to ex<g ref="char:EOLhyphen"/>empt
him from the general rule. Thus if a rule was given in the law of
<hi>Moses,</hi> they who would not have it drawn into consequence in the Gospel;
observe that differing circumstance of the divers laws: and think it answer
enough to say, it was so in the <hi>Law,</hi> but what is that to the <hi>Gospel?</hi> Now
this answer is onely true when the law and the Gospel have contrary measures
in the same instance; that is, when the instance did not onely relate to the
law of <hi>Moses,</hi> but is against the analogy of the Gospel. Thus, no unclean
thing was to come into the presence of the Lord: and therefore the leper or the
polluted <hi>in profluvio sanguinis</hi> or <hi>seminis</hi> might not come into the Temple;
but then if we argue; this is much more true in the Gospel which is a state
of greater purity then the law; we can conclude nothing: because the mea<g ref="char:EOLhyphen"/>sures
of legal and Evangelical purity are wholly differing; and therefore here
the relation to the several states and laws is considerable and makes a materi<g ref="char:EOLhyphen"/>al
difference: But when there is nothing in one that appropriates it to it self,
<pb n="399" facs="tcp:58903:228"/>
and nothing in the other that excludes it, then the circumstance and rela<g ref="char:EOLhyphen"/>tion
alters nothing of the proposition: and so it is in the matter of maintenance
for the Evangelical Minister.</p>
                     <p>But no circumstance can alter the question, unless it be a material ingredi<g ref="char:EOLhyphen"/>ent
in the very constitution of it, and changes the reason of the former usage.
Thus when by the Commandement we are tied to give every one their own,
if the owner be a madman, and in his fury demands his sword; although
this particular be a specification of the General rule, yet it is altered by a
circumstance which changes the reason of the law, or supposes it chan<g ref="char:EOLhyphen"/>ged.
* So when <hi>David</hi> brought his men to eat Shew bread in the dayes
of need, the Priest ask'd if the young men had abstain'd from their wives;
saying, That then they might: but he that shall argue from hence, that no
man can receive the Sacramental bread but he that hath been continent in
that instance, may be surely enough answered by telling him that such con<g ref="char:EOLhyphen"/>tacts
did sometimes and to some purposes contract <hi>legal impurities,</hi> but <hi>not
Evangelical,</hi> in which onely the purity of the Spirit is requir'd, or if also
corporal were requir'd, yet such approaches under the protection of marri<g ref="char:EOLhyphen"/>age
are declar'd to be <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap> as great a purity as chastity its self, of
which this is one kind. But when there is no cause of change of the ingredi<g ref="char:EOLhyphen"/>ent
in the article; if it be of the same Nature, though differing in extrinse<g ref="char:EOLhyphen"/>cal
or unconcerning circumstances, it is by way of specification included in
the Rule, and is to be conducted by its measures.</p>
                     <p>3. <hi>Whatsoever is equivalent to the instance of the law,</hi>
                        <note place="margin">5.</note> 
                        <hi>is also within its
Sanction and constitution:</hi> By [<hi>equivalent</hi>] (speaking Morally not Logically)
I mean that which is inferr'd from the greater to the less affirmatively: or
2. from the less to the greater Negatively: or 3. from that which is
equal to it both affirmatively and negatively. For thus laws are extended on
all hands: The same law that forbids murder, forbids cruel thoughts and vi<g ref="char:EOLhyphen"/>olent
anger, whatsoever tempts to murder or is the beginning of it, or is in
the Natural progression towards it. So on the other side, the law commands
us to obey our Superiours (meaning the Spiritual) the same law though it there
names them not, does more strongly command us to obey Princes: for they
also <hi>are ov<gap reason="illegible" resp="#TECH" extent="2 letters">
                              <desc>••</desc>
                           </gap> us and watch for the good of our souls, and must give an account for
them.</hi>
                        <note place="margin">Hebr. 13.</note> Thus if Husbands must give honour to their wives, then wives must
give honour much rather to their Husbands. If you may not steal out of my
house you must not spoil my goods in them, much less may you fire my house
and burne my goods too: if you must be faithful in little things, much more
in greater things: if you must give your life for God, much rather must you
give your goods: if you must not defile a Temple much less must you disho<g ref="char:EOLhyphen"/>nour
your bodies.</p>
                     <p>This also is to be extended to the proportionable obligation of <hi>Correla<g ref="char:EOLhyphen"/>tives.</hi>
                        <note place="margin">6.</note>
For if the <hi>Relative</hi> be bound by the laws of Christ, then so also is the
correlative, which Rule hath no exception but an explication of it is sufficient.
For either the duty of relatives is equal, or unequal in degrees, and it is ei<g ref="char:EOLhyphen"/>ther
in the same instance or in divers. If the instances be divers, they are
in all cases expressed competently in the new Testament; as the duty that
Husbands and Wives, that Children and Parents, that Masters and Servants,
that Princes and Subjects owe to each other respectively, and they need not to
be conducted by involution and consequence, for their duties are describ'd in
distinct lines. But if the duty and instances be in the same kind but differ in de<g ref="char:EOLhyphen"/>grees;
<pb n="400" facs="tcp:58903:229"/>
then the measure of the degrees is to be conducted by proportion to the
difference of persons by publick honesty and the sayings of wise and good men
and the common usages of the best, and the measures of reason. But if they
be the same in kind and degree; then the rnle and measure of one is the rule
and measure of both, though one onely be named in the law. And this is
of use not onely in the equal instances of unequal relatives, but in all the instan<g ref="char:EOLhyphen"/>ces
of equals; as in Friendships, Societies, Guilds, Colleges, Exchanges,
Traffiques and the like. There must be care taken that according to S. <hi>Pauls</hi>
rule, <hi>there must not be</hi> 
                        <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap> 
                        <hi>ease, remission and advantage to one, and</hi> 
                        <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>
                        <hi>trouble, burden and disadvantage to the other;</hi> but in relations that are equal, the
duty and the expression must be so too; ever with this caution, that, If <hi>the
duty</hi> be the same between Relatives it cannot follow that <hi>the privileges</hi> are the
same. The husband &amp; wife are equally obliged in the duties of love and justice:
but they have not equal powers, neither can the woman put away the man,
as the Man can the woman. For though man and woman are <hi>pares in conjugio,</hi>
tyed to an equal love and an equal duty, yet they have not an equal power, nor
an equal liberty, in government and divorces they are not equal.</p>
                     <p>But upon the account of this Rule the Christians have a most certain de<g ref="char:EOLhyphen"/>monstration<note place="margin">7.</note>
of the unlawfulness of Polygamy or of having many wives at
once: For our Blessed Saviour said, <hi>He that puts away his wife unless it be for
fornication, and marries another committeth adultery:</hi> therefore he much more
is an adulterer who marries mother when his wife is not put away, and hath
not committed fornication. But in this and the like cases we are to proceed by
the measures of reason, and the common usages of laws.</p>
                     <p>1. A law drawn from a law must be evidently and apparently in the
bowels of it before such extraction,<note place="margin">8.</note> or else it must not be obtruded as the
Sentence and intendment of the Lawgiver; <hi>Obey them that have the rule over
you</hi>] is a plain Commandement: But if you infer therefore in all things that
they say, deny your own reason, and submit your understanding; this follows
not, because we are commanded to obey them onely in such things where they
ought to rule over us, but that is not in our understandings, over which God
alone is the Ruler, and those whom he hath sent are rational and authoriz'd
Guides, they have power to teach and power to exhort, they are to doe any
thing that can inform us and invite us to good; and we must follow them in
all wayes that lead us to God: and that they doe we are to beleeve untill
we have reason to beleeve the contrary: but because beyond these mea<g ref="char:EOLhyphen"/>sures
the law neither said nor meant any thing, therefore the obligation ex<g ref="char:EOLhyphen"/>tends
not so farre.</p>
                     <p>2. Whatsoever is not in the letter of the law is then understood to be
intended by the law when it is drawn from thence by a prime and immediate
Consequence;<note place="margin">9.</note> in which there is no violence, nor artificial chains, nor devices
of wit and labour. For laws ought to be but few, and they love not to be
multiplyed without apparent necessity, and he that makes more then Christ
intended, laies a snare for his own foot, and is cosen'd by his own argument:
Christ commanded us that we should doe our alms and prayers in secret:
from hence it follows, that all solemnities of pride, and all the dressings and
adornements of our prayers design'd for vanity and publication are criminal:
and under this prohibition comes all acts of proper specification. But then
if I argue from hence further and say, Therefore it is not lawful to appoint
<pb n="401" facs="tcp:58903:229"/>
publick assemblies for prayer; or if it be yet it is not lawful to appear to men
to be passionate and devout: and further yet, that private prayer is better
then publick, and therefore that it is to be preferr'd before the publick, and
therefore yet that we may safely <hi>neglect the assembling of our selves together</hi> for
prayer, I argue foolishly, and cannot impose a necessity of obedience upon any.
The law warrants me to goe no further but within sight of it: If I goe one
step from her words, I am within the call of her voice: and my obedience
can well be exacted, where it can be well proved, but never else. * It is
in laws as it is in articles of beleef, to which we are oblig'd primarily, and
afterwards to every thing that is certainly and immediatly drawn from thence.
But if you goe beyond one consequence, there are so many certain but in<g ref="char:EOLhyphen"/>discernible
fallibilities, so many intriques of fancy in the disputer, and
so much unaptness in the hearer, that it is tenne to one they either doe
not understand one another, or doe not understand the article, and so it
is in laws; so long as we goe on in the strait line of its letter and known
intention we commit no error, or can soon be reproved if we doe: but
if we once double a point, we presently lose sight of the law: as ap<g ref="char:EOLhyphen"/>pears
in the instance now given in the precept of [<hi>praying in secret:</hi>]
against which it is no objection to say, the consequents were not right<g ref="char:EOLhyphen"/>ly
deduced from the words of that precept. For I grant it; it is true
they are not; but then I say it is also tenne to one but it will be so in
any instance that shall be made fruitful with anfractuous and involv'd con<g ref="char:EOLhyphen"/>sequences:
for that is it that I say: A mans reason is to be suspected
when he goes a great way from this Rule; and we by our Logick shall
become but ill Lawgivers. Whatsoever can certainly and truly be de<g ref="char:EOLhyphen"/>duc'd
from a law does as certainly oblige us as the instance that is
nam'd, or the first specification of it, or the direct consequent; if it
could be made as evident as it is certain: but because it cannot, there<g ref="char:EOLhyphen"/>fore
it can oblige but in the degree of its clarity and manifestation,
for that is to the remote instance, the same as publication is to the
Commandement it self. But the precepts or laws of Christ are like the
<hi>Radix Prosapiae,</hi> the Grand Parent of a Family; from whom the direct
descendants are for ever to be reckon'd to the Kinred in the strait and proper
line: but when once it goes to the transverse and collateral, they not onely
have no title to the inheritance, but every remove is a step to the loosing the
cognation and relation to the chief house.</p>
                     <p>3. In drawing consequent duties from express laws the first presumpti<g ref="char:EOLhyphen"/>on
is for piety and the honour of God;<note place="margin">10.</note> that is, if the obligation be no
evident, yet if it be evident that such obedience is for the honour of God,
it is more probably to be suppos'd that that consequent was intended by
the law of God, whom it so apparently serves. But where this or the
like material ingredient is not, we are to presume for our liberty rather then
for the multiplication of laws; because that is charity and prudence, and
both of them are very considerable in the constitution and interpretation
of a law: But this is more full in the next rule.</p>
                  </div>
                  <div n="4" type="rule">
                     <pb n="402" facs="tcp:58903:230"/>
                     <head>RULE 4. When any thing is forbidden, by the Laws of
Jesus Christ, all those things are forbidden also
which follow from that forbidden action, and for
whose sake it was forbidden.</head>
                     <p>1. THIS Rule is of use in all laws, and is expressed to the same caution both
in the Code of the Civil law, and in the Decretals, and the reason
of it is, because the laws of any lawgiver being the effects of his greatest
wisedome are designed to the best end, and are intended onely to operate to<g ref="char:EOLhyphen"/>wards
and to effect that end: to this purpose laws are made to prevent evils,
and though the evils are not alwaies named, yet against them it is that the
laws are cautionary and provi<gap reason="illegible" resp="#TECH" extent="1 letter">
                           <desc>•</desc>
                        </gap>ionary; so that the evil is much more forbid<g ref="char:EOLhyphen"/>den
then that which brings it, or leads it in: because sometimes the evil instru<g ref="char:EOLhyphen"/>ment
may be destitute of its evil effect, and therefore is in many degrees in<g ref="char:EOLhyphen"/>nocent
and harmless, but if the evil be introduc'd it is all that which the laws
were afraid of.<note place="margin">
                           <gap reason="illegible" resp="#TECH" extent="1 span">
                              <desc>〈…〉</desc>
                           </gap> 1. c. 8.</note> And therefore <hi>Aristotle</hi> said right; <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>
we are to consider the end
of every Republick, for they choose all things in order to their end; and
the laws are made for publick defence, security, and profit, so it is in Reli<g ref="char:EOLhyphen"/>gion
and the laws of God. When we give almes we are commanded not to
blow a Trumpet, so being warned against pride; but if without that instance
or signification we be really proud, or value our selves upon that account, or
despise our Brother as less holy, or oppress the Fatherless and Widdow,
though without that pretence of holiness and the advantages of hypocrisy,
they are greater Breakers of the Commandements then by their fond and
fantastick proclamations of their charity. Thus we find in S. <hi>Paul</hi> an ex<g ref="char:EOLhyphen"/>press
prohibition,<note place="margin">Rom. 13. 14.</note> that <hi>we should not make provision for the flesh to fulfil the lusts
thereof;</hi> that is, that we doe not take in great stowage of meat and drink, or use
arts of sharpning the desire, or caressing the fancy to make the pleasures brisk
and active, and the sense quick and pleased: but some there are that make tem<g ref="char:EOLhyphen"/>perance
the instrument of pleasure, and the minister of Sensuality, and can
be most pleased when they take the least care: and some mind the pleasures
so as they will not tarry for the instruments or need them not; in these and
the like cases if there were no distinct prohibition of that evil effect, yet it were
sufficiently prohibited in the prohibition of the instrument. But because most
of the evil effects of evil instruments are expressly and by name forbidden in
the New Testament, this Rule is of use principally in the aggravation and
condemnation of sin; and it means that every judgement and every evil we
suffer which we were fortold of, and which is a foreseen effect of such an action;
is to be imputed to us; and besides the direct sin we are also guilty of uncha<g ref="char:EOLhyphen"/>ritableness
by doing that which we know will hurt us. God in the forbidding
the sin commands us also to preserve our selves, and besides the sin is angry
at the very death.</p>
                     <p>This Rule hath two limitations;<note place="margin">2.</note> 1. It is not to be understood of events
contingent and accidental; but either <hi>natural</hi> and <hi>proper,</hi> or <hi>foretold</hi> and <hi>threat<g ref="char:EOLhyphen"/>ned,</hi>
or at least <hi>usual</hi> and <hi>noted.</hi> He that maliciously sowes false doctrine in the
<pb n="403" facs="tcp:58903:230"/>
Church is answerable not onely for the Heresie but for the mischief that he
intends, or is willing it should produce; but if another man to spite him or
to hinder his fame shall set up a contrary Heresy, although this was the spawn
of the first toad, yet because it was an equivocal production it shall be no
otherwise imputed but to reproach him amongst men, to reprove his folly, and
to be an argument of a speedy repentance.</p>
                     <p>But 1. Whatsoever effect is natural to a forbidden action is directly up<g ref="char:EOLhyphen"/>on
the same account.<note place="margin">3.</note> Thus, whosoever divides the Church, to him are im<g ref="char:EOLhyphen"/>puted
all the evil effects of Schisme which are its natural productions. If an
imperious foolish woman by a continual inquietude, by her evil nature and a
vexatious spirit so disturbe her husbands quiet and the ease of his soule and the
comforts of his life that he also loose his health, she is not onely guilty of the
violation of the laws of love and duty and meekness by which she is bound
to God and to her husband, but is guilty of murder, or high injuriousness
and uncharitableness according to the degree of the mischief which she sees
impressed and growing upon him.</p>
                     <p>2. Whatsoever event is <hi>foretold</hi> and <hi>threatned</hi> all that also is imputed to
him that does the forbidden action to which it is threatned;<note place="margin">4.</note> and he is directly
<hi>felo de se</hi> who by lust brings upon himself the rottenness of life far worse then
the putrefaction of the grave, and he is a perfect prodigal of his fortune who
by committing Sacrilege invites the worme and calls a spirit of unthriftiness
and consumption to his estate; and he that grieves the Spirit of God and
causes him to depart is guilty of that beggery and baseness of Spirit with which
such evil usages of the holy spirit of God are often punished. For as God for<g ref="char:EOLhyphen"/>bad
some sins not onely for their own sakes, but that others which are their
foul issues might be strangled in the womb; So he forbad all sins and laid di<g ref="char:EOLhyphen"/>rect
and collateral restraints upon them, that man might not be unhappy, and
extremely miserable. As therefore he who by one sin introduces another is
guilty of both; so he who brings any evil which God graciously intended
should not fall upon us, to him that evil is to be imputed, and that evil also
does either directly or accidentally according to the nature of the Subject mat<g ref="char:EOLhyphen"/>ter
increase his guilt.</p>
                     <p>3. If an evil effect be not either <hi>natural,</hi>
                        <note place="margin">5.</note> or <hi>threatned,</hi> yet if it happens
<hi>ordinarily</hi> and <hi>be noted,</hi> it is to be imputed to him who does that evil and for<g ref="char:EOLhyphen"/>bidden
action which does inferre it. The reason is because he wilfully sins
against the purpose of the law, who will not prevent that evil which the law
intendeth to prevent, and makes the law void and illusory, that is, destitute
of its effect, and perfectly in vain as to that intention. Thus it is observed that
the Fathers or the Mothers curse destroies the pleasures of a sin, and the gayety
of a fortune, and the prosperity of an offending child: He therefore that shall
doe a forbidden action which shall bring such a curse upon himself is not onely
justly punished and is to impute that to himself perfectly and alone, but if up<g ref="char:EOLhyphen"/>on
his account evil descend upon his posterity or relatives, he is guilty of that
evil and is a direct sinner in their punishment.</p>
                     <p>2. The other limitation which I am to interpose is this;<note place="margin">6.</note> That the
evil effects of an evil action are imputed but in proportion to the will and
actual understanding, beyond the sphere of which whatsoever does happen,
it is collateral and accidental both to the intention and to the time. A mans
<pb n="404" facs="tcp:58903:231"/>
action hath a proper life of its own, and it leaves a permanent effect, or is pro<g ref="char:EOLhyphen"/>ductive
of the same by a continuing emanation, this if it be foreseen, and con<g ref="char:EOLhyphen"/>sidered
and chosen is as imputable as if it were present, or immediate. But
because a man can see but so farre, and hath a limited effluxe and impression
by all his actions, he is not to be judged or condemned by any thing that shall
happen beyond that proper extension; and if some Polonians or Transyl<g ref="char:EOLhyphen"/>vanians,
English or French make ill use of the arguments of <hi>Arius</hi> it is not to
be supposed that it shall be put upon <hi>Arius</hi> his account at the day of judge<g ref="char:EOLhyphen"/>ment,
and that his or any mans damnation shall increase upon such accounts,
which as they are beyond the intention of the man, or the efficacy of his acti<g ref="char:EOLhyphen"/>on,
so also beyond the distance of his prevision.</p>
                     <p>But for this that rule which is neerest to exactness is this,<note place="margin">7.</note> 
                        <hi>No effect which
happens after a mans death is imputable to him as a new sin.</hi> So far as it was actual<g ref="char:EOLhyphen"/>ly
intended and design'd in his life time, or foreseen and not reversed so far it
is imputed upon the stock of the present malice, not of the future event; his
own act and his own intention for the present, and his actual design of the future
are sufficient load upon him; but then because his act and his actual design
could not live after his death, therefore nothing beyond the life of the man
can be a new sin: because as he cannot actually or habitually will that event,
so neither can he rescind it; If he cannot will it in any sense, it can in no
sense be imputed, but if it could be willed, then it may also be refused and
rescinded, which because it is impossible, therefore the increase of evil stands
not at his door that occasion'd it, and cannot either will it any more or hinder
it. This is that which is meant by our B. Saviour; <hi>The night comes when no
man worketh,</hi> and whatsoever is beyond the <hi>line of life</hi> is also beyond the <hi>line
of worketh,</hi> and therefore cannot increase or begin upon a new score, when the
whole stock is spent.</p>
                     <p>Lastly,<note place="margin">8.</note> that which proves all this, does also further explicate the Rule:
Whatsoever event depends upon the will of another is so contingent in re<g ref="char:EOLhyphen"/>spect
of him that first set the evil on work, that it is no longer upon his account
then he actually or habitually desires it or indeavours: because now the evil
hath a new cause and every emergent event is upon such a cause as cannot be,
forc'd or indeed produc'd by any thing besides it self: and therefore to it self
onely it is to be imputed, excepting where the malice of the first agent hath an
actual or intended influxe into the second.</p>
                  </div>
                  <div n="5" type="rule">
                     <head>RULE 5. The laws of Jesus Christ are the measures of the Spi<g ref="char:EOLhyphen"/>rit,
and are alwaies to be extended to a Spiritual
signification.</head>
                     <p>IT was a fair Character that was given of the Christians,<note place="margin">1.</note> 
                        <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>.
They obey the laws
appointed for them,<note place="margin">Per Scriptor Diognetum.</note> and by the piety and charity of their lives, excell even
the measure of the laws themselves: For by what instance soever God would
be glorified and by what charity soever our Brother can be releeved, and by
<pb n="405" facs="tcp:58903:231"/>
what justice societies are established and continued, in all that they exer<g ref="char:EOLhyphen"/>cise
themselves according to their whole power, and would do more if they
could, and sometimes doe more then they are required: and oftentimes
with better circumstances then are exacted, and alwaies with a mind more
ready then their hand.</p>
                     <p>Humane laws can exact but the outward action;<note place="margin">2.</note> they neither can com<g ref="char:EOLhyphen"/>mand
the understanding, nor judge the will, because they cannot secure that nor
discern this: and without these two their interest is well enough preserved.
He that paies my money though it be against his will does me justice and is
quit before the King, and if he dissembles, yet if he gives me good words, I
cannot implead him of calumny or slander. Thus the Pharisees understood
the law of <hi>Moses,</hi>
                        <note place="margin">Matth 6. &amp; Math. 23.</note> and called him innocent whom the laws could not charge;
but therefore Christ calls them to new accounts. He that offers a pure lamb
to God may dishonour him with a foul thought: and no sacrifice is pure by
the skin and colour but by the heart and hand of him that presents it. Acts
of external religion are publications of the Divine honours, but the heart
does onely <hi>pay them:</hi> for there it is that God does sit judge alone; and
though he hath given us bodies to converse below with a material world;
yet Gods Temple is in heaven in the intellectual world,; and the Spirit of a
man is the <hi>Sacrifice,</hi> and his purest thoughts are <hi>Oblations,</hi> and holy purposes
are the best <hi>presents,</hi> and the crucifixion of our passions is the best <hi>imm<gap reason="illegible" resp="#TECH" extent="2 letters">
                              <desc>••</desc>
                           </gap>tion,</hi>
the onely beasts of sacrifice, and the Cross of Christ is <hi>the altar,</hi> and his
passion is the <hi>salt of all our sacrifices,</hi> and his intercession makes the swee<gap reason="illegible" resp="#TECH" extent="1 letter">
                           <desc>•</desc>
                        </gap> 
                        <hi>per<g ref="char:EOLhyphen"/>fume,</hi>
and so <hi>atonement</hi> is made by the bloud of the Lamb, and we are accept<g ref="char:EOLhyphen"/>ed
in our services, and our wills are crowned with the rewards of a holy obe<g ref="char:EOLhyphen"/>dience:
If our hearts be right, our services will never be wanting, or rejected,
and although our hearts can supply the want of external power, yet it is cer<g ref="char:EOLhyphen"/>tain
that nothing can supply the want of our hearts, and of good affections;
these must be intire; for they are Gods peculiar portion, and therefore must not
be divided.<note place="margin">Deiis qui tar<g ref="char:EOLhyphen"/>dè à Numine pu<gap reason="illegible" resp="#TECH" extent="1 letter">
                              <desc>•</desc>
                           </gap>iuntur.</note> 
                        <q>
                           <hi>Plutarch</hi> tells of <hi>Apollodorus</hi> that he dreamd he was taken by the
<hi>Scythians,</hi> flea'd alive and then cut in pieces and thrown in a bo<gap reason="illegible" resp="#TECH" extent="2 letters">
                              <desc>••</desc>
                           </gap>ing caldron,
where his heart leapt forth into the midst of all the little portions of flesh and
told them, <hi>I am the cause of all this evil:</hi> 
                        </q>It was something like that saying of
S. <hi>Bernard, Nihil ardet in inferno nisi propria voluntas;</hi> Nothing burnes i<gap reason="illegible" resp="#TECH" extent="1 letter">
                           <desc>•</desc>
                        </gap>
the Eternal flames of hell, but a mans heart, nothing but his will: for from
<hi>the heart proceed evil thoughts,</hi>
                        <note place="margin">Matth. 12. 34. 15. 19.</note> 
                        <hi>adulteries, &amp;c.</hi> said our Blessed Saviour<gap reason="illegible" resp="#TECH" extent="2 letters">
                           <desc>••</desc>
                        </gap> but
therefore God requires the heart, that is, that the principle of actions be secu<g ref="char:EOLhyphen"/>red,
and the <hi>principalis Domus</hi> the chief house where God loves to dwell and
reign be kept without theeves and murderers. * This then is the first sense of
the Rule; That our obedience which Christ exacts is a sincere obedience of
the will, and is not satisfied with the outward work. He that gives almes to
the poor, and curses them in his heart: He that entertains an Apostle in the
name of an Apostle, and grutches the expences of his dyet is neither charita<g ref="char:EOLhyphen"/>ble
nor hospitable, and shall neither have the reward of an Apostle nor a Bro<g ref="char:EOLhyphen"/>ther.
In vain it is to wash a goblet if you mean to put into it nothing but
the dead lees and vappe of wine; and a fair tomb of amber was too beauteous
and rich an inclosure for <hi>Martials</hi> viper and his fly.
<q>Introrsum turpes, speciosae pelle decora.</q>
But this is a caution against Hypocrisy in the Moral sense of the words,
but the legal sense of the Rule is, that in all laws, the first intention is,
<pb n="406" facs="tcp:58903:232"/>
that God be served with the will and the affections; and that these be never
separated from the outward work.</p>
                     <p>2. But it is also meant that the whole design of the laws of Jesus Christ
is to be perfective of the Spirit,<note place="margin">3.</note> and his Religion is a Spiritual service; that
is, permanent and unalterable, vertuous and useful, Natural and holy, not re<g ref="char:EOLhyphen"/>lative
to time and place, or any material circumstances, nor integrated by
corporal services; The effect of which is this.</p>
                     <p>1. The body of the Christian services does wholly consist of Natural
religion,<note place="margin">4.</note> that is, such services whereby we can glorifie God and represent our
own needs; that is, prayers and Eucharists, acts of love and fear, faith and
hope, love of God and love of our Neighbour, which are all those things by
by which we can be like God: by which we can doe good, and by
which we can receive any: and excepting the Sacraments whose effect is
Spiritual, and the sense mysterious, and the rites easie, and the number the
smallest of all, there is in the digest of the Christian law no Commandement
of any external rite or ceremony.</p>
                     <p>2. As it intends wholly an exclusion of the Mosaick ceremonies,<note place="margin">5.</note> so it
will not admit a body of new and superinduc'd ceremonies: for they are or
may be as much against the analogy of the Spiritual law of Christ, as the
other. The Ceremonies of the Christian services must be no part of the
religion; but either must be the circumstances of the Religion, or the impe<g ref="char:EOLhyphen"/>rate
acts of some vertue: The Christian must be in a place when he praies,
and that place may be determin'd, and thither he must goe, and yet he may
goe any whither else, his action is finite and must be done in time, and that
time may be appointed him, and then he must doe it at that time, and yet he
may doe it at any time else: If he be commanded by his Superiours to pray
kneeling, he must kneel at the appointment of the law; and yet he may
in his own devotions at another time fall upon his face or pray standing. * But
the Christian and the Mosaick ceremonies thus differ:</p>
                     <p>1. The Mosaick rites were appointed by God; the Christian onely by
Men.</p>
                     <p>2. Consequently they are necessary parts of the Religion, these are
not.</p>
                     <p>3. The Mosaick Ceremonies did oblige every where; the Christian onely
in publick.</p>
                     <p>4. They were integral parts of the Religion; these are but circumstances
and investitures of the Religious actions.</p>
                     <p>4. These are to be done with liberty; but the Jews were in bondage un<g ref="char:EOLhyphen"/>der
theirs.</p>
                     <p>5. Ours are alterable, theirs lasting as their Religion.</p>
                     <p>6. Theirs were many and burdensome, ours ought to be few; of the
number of which our Superiours are to judge by charity, and the Nature
and common notices of things, and the analogy of the liberty and laws of
Christianity. But although there are no publickly described measures before<g ref="char:EOLhyphen"/>hand
by which Princes or Prelates shall appoint the number of their cere<g ref="char:EOLhyphen"/>monies;
yet there is in reason and common voices sufficient to reprove the
folly of him who because he would have his body decently vested shall wear
five and twenty cloaks: <hi>stola &amp; tunica;</hi> something for warmth and something
for Ornament does well; but she that wears so many adornements on her
<pb n="407" facs="tcp:58903:232"/>
and girdle, that it is the work of half a day to dress her, is a servant of the
tiar of her own head; and thinks neither her Soul nor her body, but
her clothes to be the principal. By this I intend to reproove the infinite
number of Ceremonies in the Roman Church; they are describ'd in a great
book <hi>in folio,</hi>
                        <q>Quem mea vix totum Bibliotheca capit.</q>
my purse will not reach to buy it: but it is too like the impertinency of the
buisily idle women I now mentiond: and although by such means Religion is
made pompous and apt to allure them that admire gay nothings, and fine pret<g ref="char:EOLhyphen"/>tinesses;
yet then it also spends their religious passions and wonder in that
which effects nothing upon the Soule. It is certain that actions of religion
must be fitted with all those things which minister to decent and grave and or<g ref="char:EOLhyphen"/>derly
and solemn action: but they must be no more but a just investiture or
the religious action; and every thing can distract us in our prayers, and all the
arts of watchfulness and caution are too little to fixe our intentions on them,
and therefore whatsoever can become a proper entertainment of the mind, can
also be a diversion of the devotion and a hindrance to the prayer. The sum
is this; <hi>Ceremonies may be the accidents of worship but nothing of the substance.</hi>
this they were among the Jews, that they may be amongst the Christians,
<hi>Time and place for the action: Habite and posture for the men;</hi> thats all that re<g ref="char:EOLhyphen"/>ligion
needs, whatsoever else is grave and decent, and whatsoever else is order<g ref="char:EOLhyphen"/>ly
is not to be rejected: but if it be not these, it is not to be imposed: and
when they become numerous or grievous they are to be removed by the same
lawful hand that brought them in.</p>
                     <p>3. In the Christian law all purities and impurities are Spiritual;<note place="margin">6.</note> and the
soul contracts no religious charge without her own act: He that touches a
dead body though he does not wash, may lift up pure hands in prayer; but if
his Soul be unclean, no water, no ceremony will wash him pure without re<g ref="char:EOLhyphen"/>pentance:
<q>
                           <l>O nimium faciles qui tristia crimina caedis</l>
                           <l>Tolli fluminea posse putatis aqua.</l>
                        </q>
It had been well if in all ages this had been considered, and particularly in the
matter of marriage: for when single life was preferred before the married for
the accidental advantages to piety (especially in times of persecution) which
might be injoyed there rather then here, some from thence extended their de<g ref="char:EOLhyphen"/>clamation
further, and drawing in all the auxiliaries from the old law, began
to preferre single life before marriage, as being a state of greater purity, and
then by little they went on thinking marriage to be less pure till at last they be<g ref="char:EOLhyphen"/>leeved
it to be a state of carnality; and with the persuasions of men effected
by such discourses were also mingled the discourses of Hereticks who directly
condemn'd marriage, and that which descended from this mixture of do<g ref="char:EOLhyphen"/>ctrines
some false, and the others not true, was a less honourable opinion of
that holy institution on which <hi>God</hi> founded the first blessing of Mankind; and
which <hi>Christ</hi> hath consecrated into a mystery, and the <hi>Holy Spirit</hi> hath <hi>sancti<g ref="char:EOLhyphen"/>fied
by the word of G<gap reason="illegible" resp="#TECH" extent="1 letter">
                              <desc>•</desc>
                           </gap>d and prayer,</hi> and which is the seminary of the <hi>Church,</hi> and
that nursery from whence the Kingdome of heaven is peopled. But if mar<g ref="char:EOLhyphen"/>riage
be lawful, then he that lives in that state as he should, contracts no im<g ref="char:EOLhyphen"/>purities,
but is capable of any holy ministery, and receptive of any Sacra<g ref="char:EOLhyphen"/>ment,
and fit for any imployment, and capable of any office, and worthy of
<pb n="408" facs="tcp:58903:233"/>
any dignity. Let them who have reason and experience to verifie their affir<g ref="char:EOLhyphen"/>mative
speak all the great things of single life that can be said of it, and they
may say much; for the advantages are many which are in a <hi>single life,</hi> and in
a <hi>private state,</hi> and an <hi>unactive condition,</hi> and a <hi>small fortune,</hi> and <hi>retirement;</hi>
but then although every one of these hath some; yet a <hi>publick state,</hi> and an
<hi>active life,</hi> and a <hi>full fortune,</hi> and <hi>publick offices,</hi> and a <hi>married life</hi> have also
advantages of their own, and blessings and vertues appropriate; and in all
God may be equally served, according as the men are, and the advantages ne<g ref="char:EOLhyphen"/>glected
or improved. But that which I insist upon is, that to be <hi>rich</hi> is no sin, and
to be a <hi>publick person</hi>
                        <gap reason="illegible" resp="#TECH" extent="1 letter">
                           <desc>•</desc>
                        </gap>s no crime, and to be <hi>marryed</hi> is no imparity: and there<g ref="char:EOLhyphen"/>fore
to suspect a disproportion between this state, and Spiritual actions or offi<g ref="char:EOLhyphen"/>ces,
is a jealousie whose parent is heresie, and pride and interest are its nurses.
Fornication is uncleanness, and concubinate and voluntary pollutions, and un<g ref="char:EOLhyphen"/>natural
lusts are uncleanness and makes us unworthy to approach either to the
Altar or to the railes, but marriage that fills heaven makes no man unfit for
Churches or holy offices.</p>
                     <p>Upon this account I am also to take away those scruples which have been
thrown into mens Consciences by some indiscreet persons,<note place="margin">7.</note> concerning involun<g ref="char:EOLhyphen"/>tary
pollutions; concerning which we find many absurd stories of Friers, and
of pretended temptations and spites of the Devil to hinder them from recei<g ref="char:EOLhyphen"/>ving
the Holy Sacrament by procuring such accidents to them before the so<g ref="char:EOLhyphen"/>lemnity:
which persuasion was wholly upon this account that <hi>the Spirit could be
polluted by something that is without;</hi> and that the accidents of the body
could defile the Soul and this and the like were the accidents that could doe it.
In which cases it is without all peradventure true, that if the Soul consented
not before or after, neither Nature, nor Natures enemy are to be taken into
the accounts of just dispositions or indispositions to Spiritual ministeries; if we
serve God with our whole mind, and with all our heart, and doe what we can
that is good, and avoid all evil that we can avoid, we can not be prejudic'd by
what we cannot avoid.</p>
                     <p>4. Although the Spirituality of the Gospel excludes all shadows of cere<g ref="char:EOLhyphen"/>monies,<note place="margin">8.</note>
and all bodily rites from being of the Substance of religion; yet this
Spirituality does not exclude the ministery and service of the body:
for <hi>the worship of the body may also be Spiritual:</hi> to worship God with
our bodies is <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap> a <hi>reasonable,</hi> and therefore a <hi>Spiritual worship.</hi> Thus
when the eyes are lift up in prayer,<note place="margin">Rom. 12. 1.</note> when the bowels yerne with pity, when the
hands are extended to fill the poor mans basket, the body serves the Spirit, and
the Spirit serves God, and all is a Spiritual religion. But because a <hi>bodily reli<g ref="char:EOLhyphen"/>gion</hi>
such as <hi>was</hi> that of the <hi>Jews</hi> cannot be a <hi>Spiritual religion</hi> such as <hi>must</hi> be
that of the <hi>Christians,</hi> and yet the service of the body is also a part of the mi<g ref="char:EOLhyphen"/>nistery
of the Spirit; the Rule which can determine our Conscience in the
instances of this article is this:</p>
                     <p>
                        <hi>Whatsoever is an elicite or imperate act of vertue whether it be acted by the Soul or
by the body is an act of Spiritual religion.</hi>
                     </p>
                     <p>For in vertues there is a body and a foul; and all transient actions, or <hi>ad ex<g ref="char:EOLhyphen"/>tra</hi>
have something of materiality in them which must be ministred to by the
body. For therefore our Blessed Lord hath commanded mortification of our
bodies, that our bodies may become Spiritual; and as acts of understanding
<pb n="409" facs="tcp:58903:233"/>
are ministred to by material Phantasms, so are the most spiritual acts of vertue,
the love and the fear of God by sad spectacles, and gracious accidents, by feel<g ref="char:EOLhyphen"/>ing
good and suffering evil; and as the actions of discerning sensitive objects
are direct products of the Soul, but yet have for every one of the faculties a
proper Organ in the body: So have the vertues of a Christian; they are acts
and habits of a sanctified Soul, but to some the hand does cooperate, to some
the eyes, and to some all the body, that as the graces of the Soul are com<g ref="char:EOLhyphen"/>mencements
and dispositions to glory; so these spiritual ministeries of the bo<g ref="char:EOLhyphen"/>dy
may nourish it and dispose the body to its perfect spirituality in the resur<g ref="char:EOLhyphen"/>rection
of the just.</p>
                     <p>But then these ministeries of the body,<note place="margin">8.</note> are then onely to be adjudged a
spiritual service; when the soul and the body make but one intire agent, just
as when the Soul sees by the eye, we say the eye sees; because that seeing is
the action or passion of the Soul, which uses that Organ in her operation: so
when the act of the body and Soul is but one and the same product of Religi<g ref="char:EOLhyphen"/>on,
it is the Soul and the Spirit which is the principal agent, and from thence
the action must be denominated to be <hi>Spiritual.</hi> But as when the eye is made
to twinkle and look spritefully, or amorously, or is propos'd as a peece of beau<g ref="char:EOLhyphen"/>ty
and does something of its own, but no Natural and proper ministery of the
Soul, it is the instrument of vice or vanity and not of the Soul: so it is in the
services of the body, if the body of our services be not the product of the
Soul, and the imperate act of some vertue, or the proper specifick act of some
grace, it can never be a part of the Religion. S. <hi>Paul</hi> hath given us perfect mea<g ref="char:EOLhyphen"/>sures
in this inquiry, <hi>To give our body to be burned, to give all our goods to the poor,
to have all faith,</hi>
                        <note place="margin">1 Cor. 13.</note> are but the bodies and outsides or material parts of our Reli<g ref="char:EOLhyphen"/>gion,
and are good for nothing: but when all these proceed from charity, that
is, from a willing, a loving Spirit, from a heart that is right to God, that is
desirous to please him, then faith justifies, and giving gifts to the poor is true
almes, and giving our bodies to the fire is a holy Martyrdome: and in this
sense, dressing bodies to their burial is an act of a Spiritual grace, to adorn pla<g ref="char:EOLhyphen"/>ces
of prayer, to build them and fit them for the service of God, is an act
of Spiritual Religion, to minister to the poor, to dress children, to make them
clean, to teach them their Catechismes, though bodily ministeries, are yet acti<g ref="char:EOLhyphen"/>ons
of the Spiritual Religion of a Christian. But from this, those things one<g ref="char:EOLhyphen"/>ly
are excluded, which either are not the direct productions of a sanctified soul,
or proper and prudent ministeries to some vertue.</p>
                     <p>5. The Spirituality of the laws of Jesus Christ have yet one effect more:<note place="margin">9.</note>
In all contrasts or interfering of laws, or Senses of the laws, the spiritual Sense
is to be preferr'd, the spiritual action is to be chosen. By which it is not meant
that ever there can be a dispute between the act of the mind and an act of the
body; because as no man, and no thing can hinder the soul from willing or
understanding, from loving or hating, from fearing or slighting, from valuing
or neglecting its proper object: So the act of the body which is to minister to
the Soul cannot stand in contradiction to that to which in the very nature of
the thing it is subordinate: But the meaning is, when laws are to be expoun<g ref="char:EOLhyphen"/>ded,
that sense is to be chosen which more relates to an act of Grace, then
that which is nothing but an external ministery: Thus, if the question be be<g ref="char:EOLhyphen"/>tween
the beautifying of a Chappel, or the rescuing of the poor from famine,
although that might be an act of spiritual Religion, when Religion requires that
specification of an act; yet becaus <hi>that</hi> hath less of the spirit in it then the other,
and is nor requir'd in the presence of the other: <hi>this</hi> is to be adjudged the
<pb n="410" facs="tcp:58903:234"/>
more spiritual; because it is the more holy. If the question be between
keeping of a Holy day, or doing charitable releefs to necessitous people,
Christ in the instance of the Sabbath hath taught us to preferre Charity be<g ref="char:EOLhyphen"/>fore
external ministeries; obedience before Sacrifice, mercy before Obla<g ref="char:EOLhyphen"/>tions;
and did not onely make way for the taking off all mere bodily
rites, but also for the expounding his own laws to the more spiritual sense, that
is, to the complyance with the most excellent and useful grace. So also for
the exposition of laws express'd by material significations: as cutting off the
hand, plucking out the right eye, eating the flesh of Christ, drinking his bloud,
the flesh, that is, carnal commentaries profit nothing: but these words are
Spirit and Life: that is, they are neither to be understood nor practis'd in
the material but Spiritual Sense.</p>
                     <p>But as to the general conduct of the Conscience in all these inqui<g ref="char:EOLhyphen"/>ries,<note place="margin">10.</note>
the Rule is this: <hi>All acts of vertue are to be preferred before the in<g ref="char:EOLhyphen"/>struments
of it: and that which exercises it, before that which signifies it;
and inward acts before the outward.</hi> Thus when fasting is appointed in
order to prayer, and yet both cannot be together, (for that by fasting we
are disabled to pray) there it is, that prayer must be preferred and fasting
let alone. If corporal austerities be undertaken for mortification of a re<g ref="char:EOLhyphen"/>bellious
body; if they hinder the body in the direct ministeries to the Soul
in other cases, and become uncharitable, charity is to take place, and the
austerities may be supplyed by something else. Now this Rule hath in it
no exception nor variety but this: that it is to be understood in instances
of corporal and spiritual acts that are of a disparate Nature, and but onely
accidentally subordinate, as fasting to prayer, keeping Holy-daies for the
special ministeries of Religion, lyings upon the ground to chastity, and the
like: but in the actions external which are proper exercises of a vertue, the
external which is directly, naturally or by institution subordinate to the in<g ref="char:EOLhyphen"/>ternal
must never be omitted upon pretence of preferring the internal; be<g ref="char:EOLhyphen"/>cause
they never can contradict one another, as it never can be disputed whe<g ref="char:EOLhyphen"/>ther
the Soul or the eye shall see; for the Soul sees by the eye and cannot
see without it; and it may so happen in the external acts of Vertue ministring
to the internal; as in some cases a man is not charitable, unless he extends
his hand to the poor, or lifts him out of a ditch, or guide him in the way.
This instance and sense of the Rule we learn from S. <hi>James:</hi>
                        <note place="margin">James 2. 15.</note> 
                        <hi>If a Bro<g ref="char:EOLhyphen"/>ther
or a Sister be naked and destitute of daily food, and one of you say unto
them, Be ye warmed and filled, notwithstanding ye give them not those things
which are needful to the body, What doth it profit?</hi> That is, it is in vain to pretend
internal charity without the external: in many cases it cannot be without it, and
when it can, it is because there is no object for the act, or no possibility to doe
it, and then the internal is to be done not by way of preference to the exter<g ref="char:EOLhyphen"/>nal,
but in destitution of it and supply. But this will be yet further explicated
in the following Rule.</p>
                  </div>
                  <div n="6" type="rule">
                     <pb n="411" facs="tcp:58903:234"/>
                     <head>RULE 6. The imperate acts or outward expressions of the
Vertue of one Commandement, must not con<g ref="char:EOLhyphen"/>tradict
the elicite acts of another.</head>
                     <p>BY <hi>imperate acts</hi> I mean such which are commanded to be done by the inte<g ref="char:EOLhyphen"/>rest
of any vertue whatsoever,<note place="margin">1.</note> not proper to the vertues but such as may
minister to it, or signifie it: Thus to deny the impure sollicitations of an un<g ref="char:EOLhyphen"/>chast
person is a proper, <hi>an elicite act</hi> of the vertue of chastity; but to lie
upon the ground, to wear an hairen shirt, to use disciplines, to roll our naked
body upon thornes, to sleep in snowes are <hi>imperate acts,</hi> that is, such which the
vertue may chuse and exercise for its own advantage and interest; but such
which are not necessary to any man in particular, not to most men in the Ge<g ref="char:EOLhyphen"/>neral;
useful indeed in some cases but not necessary in any. To eat and drink
sparingly and so as may minister to health and Religion is directly, that is, a
proper and elicite act of temperance: but if a man spares to eat that he may
have wherewithall to pay his debts, it is an imperate act of Justice, if to make
himself healthful and strong to warre, it is an act of fortitude: the terms being
so explicated, the measures of the Rule are these following particulars.</p>
                     <p>
                        <hi>The elicite acts of several vertues can never be contrary to each other:</hi>
                        <note place="margin">2.</note> as an
act of Religion is never against an act of charity: chastity is never against ju<g ref="char:EOLhyphen"/>stice,
temperance is never against piety. The effect of which proposition is
this, that one ought not to be pretended against another, and no piety to Pa<g ref="char:EOLhyphen"/>rents
can engage us to be drunk for their sakes, no pretence of Religion can
make it lawful to neglect the care of our children, and to this purpose was that
excellent precept of the Son of <hi>Sirach, Let not the reverence of any man cause
thee to sin;</hi> it is no good manners to comply with our Superiours against our
Supreme, and there is a time and a place for every vertue: but no time nor
place, no cause or opportunity of doing against any. * It may so happen
that the external actions of several vertues cannot consist, as sometimes I can<g ref="char:EOLhyphen"/>not
pay the Gabel to the Prince; and the offering to the Priest; I cannot
feed my child and the poor that begs; I cannot at some times tell truth and
yet preserve the life of my Brother. Now when the two external elicite acts of
vertue are inconsistent, the one must of necessity give place: the Rules of which
are to be given more properly in another place *:<note place="margin">Lib. 3.</note> but that which for the present
I am to say, is this, that although the outward act cannot at all times be exerci<g ref="char:EOLhyphen"/>sed
and so must in certain cases be omitted, yet in no case can it be lawful for
the interest of one vertue to doe against another.</p>
                     <p>2. <hi>The imperate acts of one vertue may contradict the imperate or instrumen<g ref="char:EOLhyphen"/>tal
and ministring acts of another:</hi>
                        <note place="margin">3.</note> as fasting when it is commanded by Religi<g ref="char:EOLhyphen"/>on
may be against the advice of our Physitian, whom to observe it is sometimes
a precept of prudence, sometimes of charity. Religion commands us some<g ref="char:EOLhyphen"/>times
to feast, and at the same time our charity bids us save our expence,
that the poor may be fed the more plentifully. The reason of this is
because all the imperate acts of vertue are external and must depend up<g ref="char:EOLhyphen"/>on
something from without: which because it can unavoidably be hindred, it
<pb n="412" facs="tcp:58903:235"/>
must needs also be, that it may inculpably be omitted. But then the Rule is
this; Because all <hi>imperate acts of vertue,</hi> are nothing in themselves but wholly
in relation to the vertue; that imperate act which ministers to that vertue
which is then to be preferred, must also be preferred: The reason is plain:
The accessory must follow the nature of the principal: and therefore if we
must now preferre the vertue, we must also preferre the instrument. The case
is this; <hi>Don Antonio Licente</hi> of <hi>Portugal</hi> according to the Portuguese and
Spanish vanity, lov'd to see his wife painted; and one evening commanded
her to appear with him so disguis'd at a Masque: she having notice that a
young Gentleman who was passionately in love with her would be there, and
knowing that it would enflame his passion if she were so adorn'd, inquires
of her Confessor by what means she should restrain the folly of that, <hi>Inamorato,</hi>
and receives this amongst other advices, that at no hand she should appear be<g ref="char:EOLhyphen"/>fore
him with any Artificial handsomeness: If she obeyes her Husbands hu<g ref="char:EOLhyphen"/>mor
at that meeting, she does hurt to a Soul, and gives fuell to an impure
flame which already is too big: If she does not obey him in that instance, her
Husband will lose the pleasure of his fancy. But because she finds there is no
other evil will be consequent to her omission, but that her Husband shall want
a little Phantastick pleasure; and the consequent of her obeying him would be
(for ought she knew) that God might lose a Soul: she chose to doe an act mi<g ref="char:EOLhyphen"/>nistring
to Spiritual charity and the chastity of her Brother, rather then an act
that could be instrumental to nothing but the aiery pleasure of her Husband:
though otherwise she had been bound to signifie her obedience to him by any
thing that had been lawful.</p>
                     <p>But in this there is some variety, and ought to be some caution:<note place="margin">4.</note> For al<g ref="char:EOLhyphen"/>though
the principal vertue is to be preferred not onely in it self or in its pro<g ref="char:EOLhyphen"/>per
and elicite acts, but also in its imperate and instrumental; yet this is to
be understood to be true, when the instruments are in equal order to their re<g ref="char:EOLhyphen"/>spective
vertues, or when there is no considerable difference. For if the action
in question ministring to the less principal vertue doe very much promote it,
and the other which is instrumental to the more principal doe it but an
inconsiderable advantage; the ministery of the less principal is in that
case to be preferr'd; the reason is, because by this omission of an inconsi<g ref="char:EOLhyphen"/>derable
instrument the present duty is not hindred; but the service of
God is advantaged in the other, because it is able to effect something that
is confiderable toward the service of God, which the other is not. The
case is this; I knew a brave man who by a conspiracy of evil persons was
condemn'd to die: He having of a long time us'd to fast till the morning
office was completed, because he found fasting to be practis'd by Antiquity,
and by Holy persons in their more solemn offices, and thinking it might or did
him some advantage in order to the bettering of his prayer; did think to
doe so in the morning before his Execution. But then on the other side he
considered that if he fasted he should suffer a great diminution of Spirits, and
possibly might be suspected of pusillanimity if he did suffer a natural <hi>lipothymy,</hi>
and therefore could not tell what he should doe. He was sure that to acquit
himself before God in his duty was much to be preferr'd before the other of
appearing brave and hardy before men, and therefore that his private prayers
were more to be regarded then his publick confidence; and therefore was chu<g ref="char:EOLhyphen"/>sing
to fast: but then he reflected on the actions instrumental again, and
considered that his abstinence from a little meat would bring but a very little
and inconsiderable advantage to his prayers, but his eating would very much
<pb n="413" facs="tcp:58903:235"/>
strengthen his heart and doe him a very considerable advantage that way, he
chose this, because the other could easily be supplyed by the intenseness of his
Spirit, his zeal, and his present necessity, but this could not but by Natural
supplies and supportations of the strengths of the body.</p>
                     <p>But in the like cases,<note place="margin">5.</note> prudence and the conduct of a good guide is the best
security to him that inquires with an honest heart and pure intention; and then
the determination is best, and the Conscience is safest when both can be recon<g ref="char:EOLhyphen"/>ciled:
but when they cannot, the former measures are to be observed.</p>
                     <p>3. Those actions which can onely signifie or serve the interest of ver<g ref="char:EOLhyphen"/>tue<note place="margin">6.</note>
by way of collateral advantage and indirect ministery must ever give
place when they hinder the proper acts of any vertue whatsoever. Fasting
must never be used when to fast is against charity: because charity is directly
commanded, but fasting is relative to something else, and is not commanded
for it self. Now in those things which are of a disparate Nature, a <hi>principal</hi>
is ever to be preferred before an <hi>instrument,</hi> and an <hi>act of duty</hi> before an <hi>act of
prudence,</hi> and <hi>necessity</hi> before <hi>convenience.</hi>
                     </p>
                     <p>4. But in things subordinate,<note place="margin">7.</note> that is, when the outward act is an elicite
act of vertue, and truely subordinate to the internal, there can be no contradi<g ref="char:EOLhyphen"/>ction
of one to the other; but the outward act and the inward must be both
performed; that is, neither of them must be pretended in objection to the
other; for they cannot hinder each other; but the outward can be hindered
onely by something from without, but the inward by nothing. So that in
order to Conscience, the Rule is this; <hi>He that does an inward and elicite act
of vertue, will certainly if it be in his power, doe the outward elicite act:</hi> that is,
the hand will move at the command of the Will, and the foot will goe if
it be commanded, and if the Soul be charitable the hand will be apt to mi<g ref="char:EOLhyphen"/>nister.
For it is not well within, unless it be well without; that is, unless
the vertue express it self in outward action where it can. And on the other
side; <hi>an outward elicite act of vertue can never goe alone,</hi> unless it be the pro<g ref="char:EOLhyphen"/>duct
of a good heart and of an inward elicite act, it is the imperate act of pride,
or ambition, or a vitious fear, or covetousness, or something criminal, but nei<g ref="char:EOLhyphen"/>ther
the imperate nor the elicite act of any vertue whatsoever.</p>
                     <p>5. Though the words of Art here used be not common,<note place="margin">8.</note> yet the practice
of these Rules in the Questions of Conscience will not be difficult if we
shall but with some diligence observe but the difference of external actions,
and be able to discerne what outward actions are the elicite or proper, and
which are the imperate and instrumental acts of vertue; because these being
to give place to other acts by the events and constitution of their own nature,
and the other never but when they are hindred from without, our duty will be
easy when we once understand of what nature the outward action is. The
Rule therefore for the direction of our Conscience in this affair is this; <hi>Those
actions which either are commanded by name and in particular, or by direct and
proper consequence from the General, they are the elicite and proper actions of a ver<g ref="char:EOLhyphen"/>tue.</hi>
Thus to give almes is a proper and elicite act of charity: to condemne
the Criminal is a proper act of justice: To speak well of all men behind their
backs, so farre as we can with truth, is an elicite act of equity. But whatever
is of that nature that it can be done innocently and yet not be an act of vertue
properly, that onely is instrumental to a vertue, and is an imperate action. Thus
<pb n="414" facs="tcp:58903:236"/>
to invite rich men to a feast may be done prudently and without Scruple, but
he that does so and no more shall have no reward in heaven for it: but yet to
invite rich men to a banquet may minister to friendships or peace, or it may
obtain releef to a poor oppressed Brother, and then it may be a good instru<g ref="char:EOLhyphen"/>ment
of that vertue to which by accident or the personal intention of the
man (not the Natural order or intention of the thing) it does minister.
* By the serious observation of this difference of acts we may be guided
in many cases of Conscience and in the interpretation of some of the Laws
of our Religion.</p>
                  </div>
                  <div n="7" type="rule">
                     <head>RULE 7. When any thing is forbidden by the Lawes of
Christ, all those things also by which we come
to that Sin are understood to be forbidden by the
same Law.</head>
                     <p>IN this there is one great difference between Positive and Negative laws.<note place="margin">1.</note>
When any thing is commanded or enjoined, to take or use any instrument
to it is left to our choice, and is matter of prudence and not duty: As when
we are commanded to mortifie the lusts of the body: we are not commanded
to lie upon the ground, or to masticate Rhubarb, or to goe barefoot, or to
put on S. <hi>Francis</hi> his girdle upon the bare body: as we find these actions aptly
instrumental to the duty, and fitted to the person, so we may use them: but if
the fear of Hell, or the hopes of Heaven can mortify us sufficiently to all the
purposes of the Spirit, or if he who is married be not tempted, or he who is
unmarried be by Nature abstinent, or by disease and imperfection, these in<g ref="char:EOLhyphen"/>struments
are out of use, as to these purposes. For here nothing is under com<g ref="char:EOLhyphen"/>mand
but the duty it self; aud if by any good instrument it be done, it is all
one as to the law. * But in Negative precepts the case is otherwise: for the
crime is not onely to be abstained from, but every instrument of it, every path
that leads to it, whatsoever can begin or promote it: and the reason is, because
all these things are of the same nature with the sin; and therefore although
every thing that is or may be good is not commanded, yet every evil is forbid<g ref="char:EOLhyphen"/>den.
O<gap reason="illegible" resp="#TECH" extent="1 letter">
                           <desc>•</desc>
                        </gap>e flye can spoil a pot of Ointment: But this we are plainly taught by
our Blessed Saviours Sermon in the Mount; where he expounded the precepts
of the Ancients, not only to signifie the outward act, but the inward desire: and
in this our Blessed Masters law is much more perfect then the Digest of <hi>Moses;</hi>
for although there also God forbad Concupiscence; yet it was onely instanc'd
in the matter of Covetousness; and was not extended to the other instances
of duty; but in Christs law, <hi>Non concupisces</hi> is the <hi>apex juris,</hi> it is the Conserva<g ref="char:EOLhyphen"/>tory
and the last duty of every Commandement
<q>
                           <l>Nam scelus intra se tantum qui cogitat ullum</l>
                           <l>Facti crimen habet.—</l>
                        </q>
He that thinks a lustful thought hath broken a Commandement; and if
the eye be full of Adultery, or the mouth be impure, or the hand be
unclean, the whole man is polluted before God, and stands guilty of the
breach of the main law. <hi>Exercetur, atque aperitur opere nequitia, non incipit.</hi>
                        <pb n="415" facs="tcp:58903:236"/>
The deed tells the heart, and opens the shop of crimes, but they begin in the
heart, and end in the outward work.</p>
                     <p>But in this there is no difficulty:<note place="margin">2.</note> for God being Lord of all our faculties,
and the searcher of hearts, and the judge of our thoughts, he must be served
by all, and he searches that he may judge all, and judges that he may punish or
reward all. But the Rule is onely thus to be limited: that in those sinnes
whose being criminal is wholly relative to persons with whom we converse;
every thought is not a sin unless that thought also be relative. As he sins not
that thinks a lie, if he resolves not to abuse any body with it, and a man may
love to please himself with false news, and put on a fantastick confidence and
persuasion of the truth of what he would fain have to be true; though to his
reason it seem improbable. In this there is some folly, but no malice: but to
lie is a relative action; and if he have but a thought or purpose to abuse the
credulity of any one, then that thought or purpose is a lie; that is, it is
of the same nature with a lie, and therefore of the same condemnation. The
case is the same in all things which are forbidden onely because they are uncha<g ref="char:EOLhyphen"/>ritable
or unjust to my Brother, but are permitted when they are otherwise.</p>
                     <p>2. But the intention of the Rule is more:<note place="margin">3.</note> For it means that all the ad<g ref="char:EOLhyphen"/>dresses
and preparations to Criminal and forbidden actions are also forbidden.
Thus because Christ gave a law against fornication he hath also forbidden us
to tempt any one to it by words, or by wanton gestures, or lascivious dressings,
and she fornicates that paints her face with idle purposes.</p>
                     <p>3. It is also meant concerning temptations to a forbidden instance;<note place="margin">4.</note> for
they also are forbidden in the prohibition of the crime: which is to be un<g ref="char:EOLhyphen"/>derstood
with these Cautions:</p>
                     <p>1. If the temptation be in a Natural and direct order to the Sin,<note place="margin">5.</note> it is for<g ref="char:EOLhyphen"/>bidden,
where the sin is. Thus because lusts of the flesh are prohibited, it is
also our duty, that we doe not make provision for the flesh to fulfill the lusts
of it. Eating high, and drinking deep are actions of uncleanness, as well as
of intemperance: and in the same proportion also is every thing that mini<g ref="char:EOLhyphen"/>sters
directly to the lusts of the lower belly though in a less degree; as ly<g ref="char:EOLhyphen"/>ing
soft, studying the palate, arts of pleasure and provocation, inticing ge<g ref="char:EOLhyphen"/>stures:
with this Caution;</p>
                     <p>2. If the effect be observed in these less and lower instances then they
are directly criminal:<note place="margin">6.</note> for whatsoever did bring a sin and is still entertain'd
knowingly and choosingly, is (at least by interpretation) chosen for the sins
sake: but at first and before the observation it may enter upon another ac<g ref="char:EOLhyphen"/>count;
which if it be criminal, to that these instances are to be reckoned, and
not to that sin to which they minister unknowingly.</p>
                     <p>3. Every temptation is then certainly to be reckoned as a sin when it is
procured by our own act;<note place="margin">7.</note> whether the temptation ministers to the sin directly
or accidentally: for if we chose it, it can have no excuse: <hi>tute quod intristi tibi co<g ref="char:EOLhyphen"/>medendum
est:</hi> and unless the man be surprised, his chosing of an instrument
to sin withal, is not for the sake of the instrument, but for its relation:
and this is true, although the usual effect does not follow the instrument. For
there is sometimes a fantastick pleasure in the remembrances of sin, in the
<pb n="416" facs="tcp:58903:237"/>
approaches of it, in our addresses to it: * and there are some men who dare
not act the foul crime, who yet love to look upon its fair face; and they
drive out sin as <hi>Abraham</hi> did <hi>Ismael</hi> with an unwilling willingness (God knows)
and therefore give it bread and water abroad though no entertainment at home
and they look after it, and are pleased with the stories of it, and love to see
the place of its acting,
<q>
                           <l>Hic locus, haec eadem sub qua requiescimus arbor</l>
                           <l>Scit quibus ingemui curis, quibus ignibus arsi.</l>
                        </q>
And they roll it in their minds: now they that goe but thus farre and love
to tempt themselves by walking upon the brink of the river, and delight
themselves in viewing the instrument of their sin, though they use it no fur<g ref="char:EOLhyphen"/>ther,
they have given demonstration of their love of sin when they make so
much of its Proxy.</p>
                     <p>* But there are others who have great experience of the vanity
of all sin and the emptiness and dissatisfaction that is in its fruition,<note place="margin">8.</note> and
know as soon as ever they have enjoyed it, it is gone, and that there is more
pleasure in the expectation then in the possession; and therefore they had ra<g ref="char:EOLhyphen"/>ther
goe towards it then arrive thither; and love the temptation better then
the sin: These men sin with an excellent Philosophy and wittiness of
sinning; They love to woe alwayes and not to enjoy, ever to be hungry
and sitting down to dinner, but are afraid to have their desires filled, but
if we consider what the secret of it is, and that there is in these men an im<g ref="char:EOLhyphen"/>mense
love to sin, and a perfect adhesion to the pleasure of it, and that
they refuse to enter lest they should quickly pass thorough, and they are un<g ref="char:EOLhyphen"/>willing
to tast it, lest they should eat no more, and would not enjoy,
because they will not be weary of it; and will deny any thing to themselves
even that which they most love, lest for a while they should loath their belo<g ref="char:EOLhyphen"/>ved
sin; we shall see reason enough to affirme these men to be the great<g ref="char:EOLhyphen"/>est
breakers of the Laws of Jesus Christ; though they onely tempt them<g ref="char:EOLhyphen"/>selves,
and handle the instruments of sin, and although these instruments
serve nothing but the temptation, and the temptation does not serve the sin,
whether in its own nature it is design'd.</p>
                     <p>4. If the temptation be involuntary,<note place="margin">9.</note> then it is not imputed: and
yet this is to be understood with this provision; that it be neither chosen di<g ref="char:EOLhyphen"/>rectly,
nor by interpretation; that is, that it be not entred into by care<g ref="char:EOLhyphen"/>lessness,
or confidence, or choice. If it be by choice, then it is directly
against that law of Christ which forbids that sin whither the temptation
leads; but if it enter by carelessnesse or confidence, it belongs not to this
Rule; for although every such temptation is against the laws of Christ, yet
they are not under the same law by which the effect is prohibited, but unlawful
because they are against Christian prudence and Christian charity.</p>
                  </div>
                  <div n="8" type="rule">
                     <pb n="417" facs="tcp:58903:237"/>
                     <head>RULE 8. The suppositive propositions with the supervening
advices of our Blessed Saviour are alwaies equi<g ref="char:EOLhyphen"/>valent
to matter of duty, and are by interpretati<g ref="char:EOLhyphen"/>on
a Commandement.</head>
                     <p>THIS Rule is intended as an explication of the precepts of prayer,<note place="margin">1.</note> alms,
and fasting: all which our Blessed Saviour in his Sermon upon the Mount
expressed by way of supposition; which way of expression although it be
not a positive and legal expression of a Commandement, yet it either suppo<g ref="char:EOLhyphen"/>ses
a preceding law, or a confirm'd practice, or at least that those to whom such
words are directed are willing and loving and obedient people, understanding
the intimations and secret significations of the Divine pleasure. When ye
give almes, doe not blow a Trumpet, said our Blessed Saviour. When ye pray
stand not in the corners of the streets, when you fast doe not disfigure your
faces. Now concerning prayer and alms there is no difficulty, because our
Blessed Lord and his Apostles have often repeated the will of God in express
Commandements concerning them, but because of fasting he hath said much
less, and nothing at all but these suppositive words, and a prophecy that his
Disciples should fast in the daies of the Bridegrooms absence, and a declara<g ref="char:EOLhyphen"/>tion
of the blessed effects of fasting; this hath a proper inquiry and a special
difficulty, whether or no these words have the force of a Commandement.</p>
                     <p>Concerning which we may take an estimate,<note place="margin">2.</note> by those other expressi<g ref="char:EOLhyphen"/>ons
of our Lawgiver concerning almes; which we without further scrutiny
know to be Commandements, because in other places they are positively ex<g ref="char:EOLhyphen"/>pressed:
and therefore if we can find it so concerning fasting, this inquiry
will be at an end. Now concerning this I will not onely observe that the
three great heads and Representatives of the law, the Prophets, and the Go<g ref="char:EOLhyphen"/>spel,
Christ, <hi>Moses</hi> and <hi>Elias,</hi> who were concentred and inwrapped in one glo<g ref="char:EOLhyphen"/>ry
upon mount <hi>Tabor</hi> were an equal example of fasting, which in their own
persons by a Miracle was consigned to be an example and an exhortation to
fasting to all ages of Religion, and each of them fasting fourty dayes upon
great occasions told to them who have ears to hear, what their duty is in all
the great accidents of their life: but that which is very material to the present
inquiry is, that this supposition of our Blessed Lord, [When ye fast] was
spoken to a people who made it a great part of their Religion to fast, who
plac'd some portions of holiness in it, who had received the influence of their
greatest, their best, their most imitable examples for religious fasting; and
the impression of many Commandements not onely relative to themselves as
bound by such a law, but as being under the conduct of Religion in general.
Such was the precept of the Prophet <hi>Joel,</hi>
                        <note place="margin">Joel. 2. 12.</note> 
                        <hi>Thus saith the Lord turn ye even to me,
with all your heart, with fasting and with weeping and with mourning.</hi> Now what<g ref="char:EOLhyphen"/>ever
the Prophets said that related to Religion abstractedly, or morality, all
that is Evangelical (as I proved formerly in this Book:)<note place="margin">Cap. 2. Rul. 5.</note> * Besides there was an
universal solemn practice of this exercise, under <hi>Joshua</hi> at <hi>Ai,</hi> under the Judges
at <hi>Gibeah,</hi> under <hi>Samuel</hi> at <hi>Mizpah,</hi> under <hi>David</hi> at <hi>Hebron;</hi> fasts frequently
proclamed, frequently instituted; at the preaching of <hi>Jeremy</hi> and <hi>Daniel,</hi> of <hi>Joel</hi>
                        <pb n="418" facs="tcp:58903:238"/>
and <hi>Zechary;</hi> before the captivity, under it, and after it; in the dayes of sorrow
and in the dayes of danger, in their religion solemn and unsolemn, after they
had sinned and when they were punished, at <hi>Jerusalem</hi> among the Jews and
at <hi>Niniveh</hi> amongst the Gentiles: Now because it is certain that all this could
not be confin'd to the special Religion of the Jews, but was an expression and
apt signification and instrument of a Natural religion our B. Saviour needed
not renew this and efforme it over again into the same shape, but had reason to
suppose the world would proceed in an instance whose nature could not receive
a new reason and consequent change in the whole.</p>
                     <p>This heap of considerations relates to that state of things in which our
Blessed Saviour found this Religious exercise at his comming.<note place="margin">3.</note> Now if we
consider what our Blessed Savior did to it in the Gospel; we shall perceive he
intended to leave it no less then he found it:<note place="margin">1.</note> for first, he lik'd it and approv'd it,
he allowed a time to it, a portion of that by which God will be serv'd; and
he that gave us time onely to serve him and in that to serve our selves, would
not allow any time to that by which he was no way served.<note place="margin">2.</note> 2. We cannot
tell why Christ should presuppose that a thing was to be done, which God
did not require to be done: such things Christ used to reprove, not to re<g ref="char:EOLhyphen"/>commend,
to destroy not to adorne by the superfetation of a new Com<g ref="char:EOLhyphen"/>mandement.<note place="margin">3.</note>
3. These words he speaks to his Disciples in the promulgati<g ref="char:EOLhyphen"/>on
of his own doctrine, in his sermon upon the Mount, which is the great in<g ref="char:EOLhyphen"/>stitution
and Sanction of the Evangelical doctrine, and therefore left it
recommended and bound upon them by a new ligature, even by an adopti<g ref="char:EOLhyphen"/>on
into the Everlasting Covenant.<note place="margin">4.</note> 4. He represents it equally with those
other of prayer and almes, which in this excellent digest of laws he no other<g ref="char:EOLhyphen"/>wise
recommends, but as supposing men sufficiently ingaged to the practice
of these duties: when ye pray enter into your chamber, and when ye pray
say <hi>Our Father,</hi> and <hi>when ye fast,</hi> be sincere and humble.<note place="margin">5.</note> 5. He that pre<g ref="char:EOLhyphen"/>supposes
does also establish; because then one part of the duty is a postulate
and a ground for the superstructure of another; and is sufficiently declar'd
by its parallels in the usual style of Scripture. <hi>My Son when thou servest the
Lord prepare thy soul for temptation,</hi>
                        <note place="margin">1 King. 8. 3<gap reason="illegible" resp="#TECH" extent="1 letter">
                              <desc>•</desc>
                           </gap>.</note> So the Sonne of <hi>Syrach:</hi> and again, <hi>When
thou hearest forgive:</hi> and again, <hi>When thou art afflicted call upon him,</hi> which
formes of expression suppose a perfect persuasion and accepted practice of the
duty; and is more then a conditional Hypothetick: <hi>Si jejunatis</hi> hath in it
more contingency, but <hi>Cùm jejunatis</hi> is an expression of confidence and is gone
beyond a doubt.<note place="margin">6.</note> 6. That exercise which Christ orders and disposes, which
he reformes and purges from all evils superinduc'd appendage is certainly
dress'd for the Temple and for the service of God; now this of fasting
Christ reforms from its being abus'd as he did prayer and almes; and therefore
left it in the first intention of God and of a Natural Religion to be a service of
God, like that of bowing the head, or going to worship in the houses of prayer.<note place="margin">7.</note>
To this duty he promises a reward: Our heavenly Father that seeth thy
fasting in secret shall reward thee openly: that is, its being private shall
not hinder it from being rewarded; for God sees it, and likes it, and loves
it, and will reward it.</p>
                     <p>Now for confirmation of all this,<note place="margin">4.</note> and that this was to this purpose so
understood by the Disciples and followers of our Lord: S. <hi>Paul</hi> was <hi>in fast<g ref="char:EOLhyphen"/>ings
often;</hi>
                        <note place="margin">2 Cor. 11. 27.</note> and this was a characteristick note of the Ministers of the Gospel<note place="margin">2 Cor. 6. 4.</note>
                        <hi>In all things approving our selves as the Ministers of God in much patience….in
<pb n="419" facs="tcp:58903:238"/>
watchings, in fastings:</hi> and when <hi>Paul</hi> and <hi>Barnabas</hi> were ordained Apostles
of the Uncircumcision, they fasted and prayed and laid their hands on them and
so sent them away;<note place="margin">Acts 13. 3, 4.</note> and esteemed this duty so sacred, that S. <hi>Paul</hi> permitted
married persons <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap> to appoint vacant times from their endearments that
they may give themselves to fasting and prayer:<note place="margin">1 Cor. 7 5.</note> and the Primitive Christians
were Generally such Asceticks in this instance of fasting, that the Ecclesiasti<g ref="char:EOLhyphen"/>cal
story is full of strange Narratives of their prodigious fastings.</p>
                     <p>Lastly,<note place="margin">5.</note> fasting is an act of many vertues: it is an elicite and proper act of
<hi>temperance,</hi> and of <hi>repentance,</hi> aud of <hi>humiliation,</hi> and of <hi>mortification</hi> of the
flesh with its affections and lusts; it is an imperate and instrumental act mini<g ref="char:EOLhyphen"/>string
to prayer, and is called a service of God: So the good old Prophetess
served God night and day in fasting and prayer:<note place="margin">Luke 2.</note> and that which serves God,
and ministers so much to religion, and exercises so many graces, and was pra<g ref="char:EOLhyphen"/>ctis'd
by the faithful in both Testaments, and was part of the Religion of both
Jews and Gentiles, and was the great solemnity and publication of repentance,
and part of a Natural religion, and an indearment of the Divine mercy and
pitty; that which was alwaies accounted an instrument of impetration or a
prevailing prayer; which Christ recommended and presupposed, and adorned
with a cautionary precept and taught the manner of its observation, and to
which he made promises, and told the world that his Heavenly Father will re<g ref="char:EOLhyphen"/>ward
it; certainly this can be no less then a duty of the Evangelical or Chri<g ref="char:EOLhyphen"/>stian
Religion.</p>
                     <p>But yet although it be a duty,<note place="margin">6.</note> yet it is of a Nature and obligation diffe<g ref="char:EOLhyphen"/>rent
from other instances. When it relates to Repentance, it is just a duty, as
redeeming captives is commanded under the precept of mercy: that is, it is
the specification or positive exercise and act of an affirmative duty: it is a duty
in it self, that is, an act whereby God can be served; but it becomes obligato<g ref="char:EOLhyphen"/>ry
to the man by other measures, by accidental necessities and personal capaci<g ref="char:EOLhyphen"/>ties,
in time and place, by publick authority and private resolution. Not that
a man cannot be said to be a true penitent unless he be a faster: but that fast<g ref="char:EOLhyphen"/>ing
is a proper, apt, natural, usual, approved expression, and an exercise of re<g ref="char:EOLhyphen"/>pentance:
it is more fitted to the capacities of men, and usages of Religion
then any other outward act, it hath some Natural and many collateral advan<g ref="char:EOLhyphen"/>tages
more then other significations of it; and it is like bowing the head or
knee in prayer, and is to repentance the same outwardly as sorrow is inwardly,
and it is properly the penance or repentance of the body, which because it
hath sinned must also be afflicted, according to that of S. <hi>James, Be afflicted,
and mourn and weep, let your laughter be turned to mourning, and your joy to hea<g ref="char:EOLhyphen"/>viness:
Humble your selves in the sight of the Lord:</hi> that is, repent ye of your
sins: for all these expressions signifie but this one duty, and this great exer<g ref="char:EOLhyphen"/>cise
and signification of it is so much a duty in the General, that it cannot be
omitted without good reason, nor then neither unless it be supplied by some<g ref="char:EOLhyphen"/>thing
else, in its just time and circumstances.</p>
                     <p>In order to other ends fasting is to be chosen and preferred before instru<g ref="char:EOLhyphen"/>ments
less apt,<note place="margin">7.</note> less useful, less religious, that is indeed, before the imperate and
ministring acts of any kind whatsoever; for it is the best in many respects and
remains such unless it be altered by the incoveniences or healthlesness of the
person.</p>
                  </div>
                  <div n="9" type="rule">
                     <pb n="420" facs="tcp:58903:239"/>
                     <head>RULE 9. The institution of a Rite or Sacrament by our Bles<g ref="char:EOLhyphen"/>sed
Saviour is a direct law, and passes a proper
obligation in its whole integrity.</head>
                     <p>THIS Rule can relate but to one instance;<note place="margin">1.</note> that of the Holy Sacrament
of Christs body and bloud; for although Christ did institute two Sa<g ref="char:EOLhyphen"/>craments,
yet that of Baptisme was under the form of an express Comman<g ref="char:EOLhyphen"/>dement,
and therefore for its observation needs not the auxiliaries of this
Rule. But in the other Sacrament the institution was by actions, and intimati<g ref="char:EOLhyphen"/>ons
of duty, and relative precepts, and suppositions of action; as <hi>quoties
feceritis,</hi> and the like. Now whether this doe amount to a Commande<g ref="char:EOLhyphen"/>ment
or no, is the inquiry; and though the question about the half Com<g ref="char:EOLhyphen"/>munion
be otherwise determinable, yet by no instrument so certain and
immediate as this.</p>
                     <p>In order therefore to the Rule of Conscience in this instance I consider,<note place="margin">2.</note> that
an institution of a thing, or state of life by God, and by his Christ is to be distin<g ref="char:EOLhyphen"/>guished
from the manner of that thing so instituted. When a thing is insti<g ref="char:EOLhyphen"/>tuted
by God it does not equal an universal Commandement; but obtains
the force of a precept according to the Subject matter and to its appendant
relations. Thus when God instituted marriage, he did not by that institution
oblige every single person to marry: for some were Eunuchs from their Mo<g ref="char:EOLhyphen"/>thers
wombs, and some were made Eunuchs by men; and some make them<g ref="char:EOLhyphen"/>selves
Eunuchs for religious and severe ends, or advantages of retirement and
an untroubled life. But by this institution (say the Doctours of the Jews)
every man was at first obliged, and so they are still, if they have Natural needs
or natural temptations; But because the institution was relative to the pub<g ref="char:EOLhyphen"/>lick
necessities of Mankind, and the personal needs of a man, therefore it
was not an universal or unlimited Commandement; but onely so farre as it
did min<gap reason="illegible" resp="#TECH" extent="1 letter">
                           <desc>•</desc>
                        </gap>ster to the necessary end, so farre it was a necessary Commande<g ref="char:EOLhyphen"/>ment.
It was not instituted for Eunuchs; but for whom it was instituted,
to them it was a remedy against sin, and the support of the world, and the
original of Families, and the seminary of the Church, and the endearment
of friendships, and the parent of societies, and untill the necessities of the world
were abated, and the needs of single persons were diverted, or broken in pie<g ref="char:EOLhyphen"/>ces
by the discipline of a new institution, it was esteemed infamous, and it
was punishable not to marry.</p>
                     <p>But then if we consider the manner of this thing so instituted,<note place="margin">3.</note> it is cer<g ref="char:EOLhyphen"/>tainly
a perfect, unalterable, and universal Commandement. For although
every man in every circumstance be not by vertue of the institution oblig'd
to marry; yet if he does marry, by the institution he is tied up strictly that
at no hand he must prevaricate the measures and limits of the institution. He
that marries must marry by that Rule and by no other. He must marry
one woman onely while she is alive: he must leave Father and Mother and
adhere to her, he must treat her with charity and honour, he must use her by
the limits of Nature and sobriety, he must make her the Mother of his family,
<pb n="421" facs="tcp:58903:239"/>
he must make her serve no desire but what is Natural, and so in every thing
is he limited to the first institution.</p>
                     <p>The reason is,<note place="margin">4.</note> because a Divine institution is the whole cause, and the in<g ref="char:EOLhyphen"/>tire
beginning, and the onely warranty and legitimation of the state or of the
action: and therefore whatsoever is otherwise then the institution, is not
from God, but from ourselves: So that although the institution does not ob<g ref="char:EOLhyphen"/>lige
us in all cases to doe the thing at all; yet in all cases it obliges us to doe
it in the manner it is appointed: and in this sense the word is used in good
Authors. <hi>Nam is quanquam tri<gap reason="illegible" resp="#TECH" extent="1 letter">
                              <desc>•</desc>
                           </gap>nnium nutricibus dederit, tamen ab illis quoque
jam formandam quàm optimis institutis mentem infantium judicat,</hi>
                        <note place="margin">L. 1. c. 2.</note> said <hi>Quintilian.</hi>
The understanding even of infants is from the very beginning with the best
institutions: that is, with the best laws and precepts of manners. <hi>Institutio<g ref="char:EOLhyphen"/>nes
sunt praeceptiones quibus instituuntur &amp; docentur homines,</hi> said <hi>Laurentius Valla:</hi>
the precepts by which men are taught what to doe are called institutions: so
<hi>Quintilian</hi> inscrib'd his books, <hi>de institutione oratoria,</hi> and <hi>Lactanius</hi> wrote In<g ref="char:EOLhyphen"/>stitutions;
that is, Commentaries on the precepts and laws of Christianity.
But it hath in it this peculiarity of signification, that the word [institution]
does signifie properly Rules and precepts of manners; properly the measures
of practice, or Rules teaching us what we are oblig'd to doe. So that insti<g ref="char:EOLhyphen"/>tution
does not directly signifie a Commandement, but it supposes the per<g ref="char:EOLhyphen"/>sons
obliged, onely it superaddes the manner and measures of obedience. <hi>Cùm
ad literas non pertineat aetas,</hi>
                        <note place="margin">Ubi supra.</note> 
                        <hi>quae ad mores jam pertinet, &amp;c.</hi> saies <hi>Quintilian;</hi> since
that age is not capable of letters, but is capable of manners, they are to be
efform'd by the best and noblest institutions.</p>
                     <p>And thus it is in the matter of the Sacrament as it is in the matter of mar<g ref="char:EOLhyphen"/>riage.<note place="margin">5.</note>
All men are not alwaies obl<gap reason="illegible" resp="#TECH" extent="1 letter">
                           <desc>•</desc>
                        </gap>g'd to receive the Sacrament; for the in<g ref="char:EOLhyphen"/>stitution
of it being in order to certain ends, and in the recipients certain ca<g ref="char:EOLhyphen"/>pacities
and conditions requir'd by way of disposition, there can be but a re<g ref="char:EOLhyphen"/>lative
and therefore a limited Commandement of its reception: but to them
who do receiv it, the institution is a perfect indispensable Commandement for
the manner in all the essential parts, that is, in all which were intended in the
institution. Now whence I argue,</p>
                     <p>Whatsoever is a part of Christs institution of the Sacrament is for ever
obligatory to all that receive it.</p>
                     <p>But the Sacrament in both kinds is a part of the institution of the Sa<g ref="char:EOLhyphen"/>crament,
Therefore,</p>
                     <p>It must for ever oblige all that communicate or receive it.</p>
                     <p>The first proposition relies upon the nature of Divine institutions, which gi<g ref="char:EOLhyphen"/>ving
all the authority and warranty to the whole action, all its moral being
and legitimation, must be the measure of all the natural being, or else it is not
of God, but of man. <hi>Indignum dicit esse Domino qui aliter mysterium celebrat,
quàm ab eo traditum est. Non enim potest devotus esse qui aliter praesumit quàm
datum est ab Authore,</hi>
                        <note place="margin">In 1 Cor. 11.</note> saith S. <hi>Ambrose.</hi> S. <hi>Paul</hi> saith, he is unworthy of the
Lord who celebrates the mystery otherwise then it was delivered by him.
He cannot be devout who presumes otherwise then it was given by the Author:
and to this purpose are those severe words of the Apostle,<note place="margin">Gal. 1.</note> 
                        <hi>Si quis Evangeliza<g ref="char:EOLhyphen"/>verit
praeter quod accepistis,</hi> if any man preach any other Gospel then what ye
have received, let him be Anathema, that is, from Christ we have received it,
<pb n="422" facs="tcp:58903:240"/>
and so as we receiv'd it, so we deliver it, and so it must descend upon you
without the superfetation of any new doctrine.</p>
                     <p>And indeed how is it possible to pretend a tradition from Christ by the
hands of his Apostles,<note place="margin">6.</note> and the ministery of the Church if we celebrate it
otherwise then Chr<gap reason="illegible" resp="#TECH" extent="1 letter">
                           <desc>•</desc>
                        </gap>st deliver'd it? <hi>Religion nostrae congruit, &amp; timori, &amp; ipsi
<gap reason="illegible" resp="#TECH" extent="1 word">
                              <desc>〈◊〉</desc>
                           </gap>, &amp; officio Sacerdotii nostri custodire traditiones Dominicae veritatem. Et quod
priut videtur apud quosdam erratum, Domino monente corrigere, ut cum in
claritate sua &amp; majestate coelesti venire coeperit, inveniat nos tenere quod monuit,
observare quod decuit, facere quod fecit;</hi> they are the excellent words of S.
<hi>Cyprian,</hi>
                        <note place="margin">
                           <gap reason="illegible" resp="#TECH" extent="1 span">
                              <desc>〈…〉</desc>
                           </gap>
                        </note> and perfectly conclusive in this Article. For there were some who
out of an impertinent pretension of sobriety would not use wine, but water
in the Sacrament; the instrument by which S. <hi>Cyprian</hi> confutes their folly,
is a recourse to the institution. See, how did Christ deliver it: <hi>inventmur
non observari à nobis quod mandatum est, nisi eadem qua Dominus fecit, nos
quoque faciamus.</hi> Unless we doe what Christ did, we doe not observe what
he commanded; plainly implying that the institution it self was a Comman<g ref="char:EOLhyphen"/>dement:
<hi>we must hold what he admonished, we must observe what he taught, we
must doe what he did.</hi> Not every thing done at the time of the institution,
but <hi>everything of it.</hi> For (saies he) Christ did institute it after Supper, but
we in the morning. But <hi>every thing by which he did signifie what he did ex<g ref="char:EOLhyphen"/>hibite,
and exhibite what he did promise, every such thing was a part of the in<g ref="char:EOLhyphen"/>stitution,</hi>
and cannot be changed. And therefore S. <hi>Paul</hi> when he instructs
the Corinthians in the mystery of the holy Eucharist, uses no demon<g ref="char:EOLhyphen"/>stration
of the Rites but this.<note place="margin">1 Cor. 11. 23, 24.</note> 
                        <hi>I have received this of the Lord:</hi> and <hi>This
I have delivered unto you, other things I will set in order when I come;</hi>
That is, whatsoever I did not receive from the Lord Jesus; whatsoever
was not of his institu<gap reason="illegible" resp="#TECH" extent="1 letter">
                           <desc>•</desc>
                        </gap>ion, I have power to dispose of; but not of any thing
which he appointed.</p>
                     <p>Now there is no peradventure,<note place="margin">7.</note> but the Apostles understood this institu<g ref="char:EOLhyphen"/>tion
to be a Commandement, <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>
said <hi>Justin Martyr.</hi>
                        <note place="margin">Ap<gap reason="illegible" resp="#TECH" extent="1 letter">
                              <desc>•</desc>
                           </gap>. 2.</note> speaking of the distribution of the Bread and Wine,
<gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap> 
                        <hi>to every one that was present,</hi> he saies that <hi>the Apostles did
deliver that Jesus so commanded them.</hi> * For what Commandement have we
to consecrate in bread and wine? What precept is there that the consecra<g ref="char:EOLhyphen"/>tion
should be by a Priest? Nothing but the institution. For if it be said
that Christ added the preceptive words of [<hi>Hoc facite,] This doe in remem<g ref="char:EOLhyphen"/>brance
of me.</hi> I reply, He did so. But [<hi>Hoc facite</hi>] is no Commandement
of it self, but when it is joined with, <hi>in mei commemorationem, in remembrance
of me;</hi>
                        <note place="margin">1 Cor. 21. 25.</note> That is, when ye remember me, then doe thus: So S. <hi>Paul</hi> more
expressly, <hi>This doe as often as ye drink it in remembrance of me.</hi> Therefore
<hi>Hoc facite</hi> will be but ill expounded to be a Commandement for the Priests
consecration, unless it borrow all its force from the whole institution: for it
plainly saies onely this; when ye remember me, then doe this which ye see
me doe. But <hi>hoc facite</hi> does not signifie any particular Commandement, but
that which is relative to the whole action; and all the discourses of Mankind,
can never extract any other signification.</p>
                     <p>But 2. The Apostles receiv'd an express Commandement;<note place="margin">8.</note> 
                        <hi>Drink ye
all of this.</hi> If therefore Christ instituted the Sacrament for the whole
Church, and that they were the representatives of the whole body of
<pb n="423" facs="tcp:58903:240"/>
Christ, then all the whole Church when they communicate, are bound by
the Commandement to receive the Chalice. But if they did not represent the
whole Church, then where shall we find a warranty that the people may receive
at all? For if they receiv'd onely in the capacity of Clergy men, then the in<g ref="char:EOLhyphen"/>stitution
extends no further; and it is as much sacrilege for the people to eat
and drink the Symbols as to offer at the consecration. But if they receiv'd in
the capacity of Christians onely, then they receiv'd the Commandement of
drinking in the chalice, for themselves and for all Christians.</p>
                     <p>And indeed the Apostles were not then Priests.<note place="margin">9.</note> True, say they of the
Church of <hi>Rome,</hi> they were not; but <hi>James Payva</hi> a Portuguese in the Coun<g ref="char:EOLhyphen"/>cel
of Trent talked merrily, and said that the Apostles as <hi>Laicks</hi> received the
Bread, but then when Christ said, <hi>Hoc facite, this doe,</hi> he made them Priests;
and then gave them the Chalice as representatives of the Clergy, not of the
people. But as merry a fancy as this seem'd then, it was found to be the
best shift they had, and therefore upon better advice it was followed by <hi>Ca<g ref="char:EOLhyphen"/>nisius,
Suarez, Bellarmine,</hi> and divers others. But if this be stood upon, be<g ref="char:EOLhyphen"/>sides
that it must be crusht to nothing by the preceding argument, the
pretence it self crosses their own devices. For if it be said that the Apostles
were made Priests by <hi>Hoc facite,</hi> spoken before the institution of the Chalice,
then <hi>Hoc facite</hi> does not signifie, <hi>Offerte Sacrificium,</hi> and consequently cannot
make them Priests, that is (with them) <hi>Sacrificers,</hi> For by their own doctrine
to offer both kinds is necessary to its being a Sacrifice. Since therefore the
first <hi>Hoc facite</hi> (which indeed is the onely one mention'd by the Evangelists)
can but relate to the consecrating of the Bread, as the second (mention'd by
S. <hi>Paul</hi>) does to the consecrating of the Chalice, either they are Priests with<g ref="char:EOLhyphen"/>out
a power of Sacrifice, or the Sacrifice is compleat without the Chalice, or
else they were not then made Priests when Christ first said, <hi>Hoc facite;</hi> and if
they were by the second: besides that a reason cannot be fancied why the
same words should, and should not effect so differing changes, without diffe<g ref="char:EOLhyphen"/>rence
in the voice, or in the action, or in the mystery, besides this I say, It is
plain, that Christ reach'd the cup to them commanding them all to drink be<g ref="char:EOLhyphen"/>fore
he made them Priests, that is, they receiv'd the Chalice as representatives
of the people: for being Laicks, at least till all that Ceremony was done, they
did represent the people; and consequently as such, receiv'd a Commande<g ref="char:EOLhyphen"/>ment
to drink. Let them chuse by what part they will be reproved. Every
one of these overthrows their new doctrine, and all of them cannot be escaped.
* But let it be considered whether it be likely that Christ should at one time
institute two Sacraments (for they pretend Ordination to be as very a Sacra<g ref="char:EOLhyphen"/>ment
as the Lords supper) of so different Natures, and yet speak nothing of
the use, or the reason, the benefit or the necessity of one of them; nor
tell them that he did so, nor explicate the mystery, nor distinguish the Rite, or
the words, but leave it to be supposed or conjectured by the most imperfect
and improbable construction in the world. But suppose it; yet at least it
must be confessed that the words which Christ us'd, and the same ritual, must
in the Apostle ministery be able to effect the same grace: and if so, then a
Priest hath power to ordain Priests; for he hath power to say, <hi>Hoc facite,</hi> in
all the same meanings which Christ had, when he us'd them: and if this be
not accepted, yet at least a Bishop may ordain all the congregations Priests if
he please, by saying of one Mass; which are pretty fancies, and rare proposi<g ref="char:EOLhyphen"/>tions
in our Divinity.</p>
                     <p>
                        <pb n="424" facs="tcp:58903:241"/>
To which I adde this consideration that if our Blessed Lord did by those
words of <hi>Hoc facite</hi> make his Disciples Priests,<note place="margin">10.</note> then they were Priests before
the Lord himself; for although he was designed for ever; yet he was con<g ref="char:EOLhyphen"/>secrated
on the Cross, there he entred upon his Priestly office; but officiates
in that Office not on earth but in heaven,<note place="margin">Hebr. 8 4.</note> 
                        <hi>For if he were on earth he should not be
a priest,</hi> saith S. <hi>Paul,</hi> therefore being consecrate on the Cross, he ascended
into heaven to be there <hi>our priest for ever there making intercession for us.</hi> Now it
were strange if the Apostles should be declar'd Priests before the Consecrati<g ref="char:EOLhyphen"/>on,
or first Sacerdotal action of their Lord; or that they should be Priests
without the power of the Keys, without the commission to baptize in the Name
of the Father, Son, and Holy Ghost, for these were given afterwards. But
this device is so very a dream, so groundless and aiery a phantasme, so weakly
layed and imployed to such trifling purposes, that it needs no further an inqui<g ref="char:EOLhyphen"/>ry
into it, it was raised to serve the end of this question, to answer an objecti<g ref="char:EOLhyphen"/>on,
and pretends no strength of its own, neither can it weaken that which hath;
and that it is indeed onely pretended for a shift, and intended to operate no
further appears in this manifestly; because if the Apostles did drink of the
Chalice in the capacity of being Priests, then it ought to be followed at least
so farre, and all the Priests that are present ought to receive the Chalice, which
because they doe not in the Church of <hi>Rome,</hi> it is apparent they prevaricate the
institution, and that they may exclude the Laity from the cup, they use their
Clergy as bad, when themselves doe not officiate.</p>
                     <p>3. This trifling pretence being removed,<note place="margin">11.</note> it remains that the words of in<g ref="char:EOLhyphen"/>stitution,
<hi>Drink ye all of this,</hi> be also the words of a Commandement; and
although they were spoken to the Apostles onely, as being onely present, yet
the precept must equally concerne all Christians and Disciples of Christ.
Just like those of <hi>Watch and pray lest ye fall into temptation;</hi>
                        <note place="margin">Matth. 26 41.</note> and <hi>unless ye
be converted and become as little children, ye shall not enter into the Kingdome of
God;</hi>
                        <note place="margin">Matth. 18. 3.</note> which were spoken onely in the presence of the Apostles: But as these
precepts and moral Rules concerne all Christians; soe doe the words of insti<g ref="char:EOLhyphen"/>tution
of the H. Sacrament and Commandement of [<hi>Drink ye all of this</hi>]
For, <hi>Oportet coenam Dominicam esse communem, quia ille omnibus Discipulis suis
qui aderant<g ref="char:punc">▪</g> aequaliter tradidit Sacramenta,</hi>
                        <note place="margin">In 1 Cor. 11.</note> said S. <hi>Hierom.</hi> The Lords Supper
is common to all, and so ought to be; because our Lord did equally deliver
it to all that were present:<note place="margin">Ration. l 4 c<g ref="char:punc">▪</g> 1.</note> and upon this very account <hi>Durandus</hi> affirmes: <hi>In
primitiva Ecclesia singulis diebus omnes qui celebrationi missarum intererant com<g ref="char:EOLhyphen"/>municare
solebant, eò quòd Apostoli omnes de calice biberunt, Domino dicente, Bi<g ref="char:EOLhyphen"/>bite
ex eo omnes.</hi> In the Primitive Church all that were present did every day
receive, because the Apostles did all drink of the Chalice, and the Lord said,
<hi>Drink ye all of this.</hi>
                     </p>
                     <p>And this appears beyond all contradiction to have been so intended.<note place="margin">12.</note> So
S. <hi>Ignatius; there is one bread broken to all,</hi>
                        <note place="margin">Ep. ad Philad.</note> 
                        <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>,
<hi>and one Chalice distributed to all,</hi> and <hi>there is no difference in this between the priest
and the people,</hi>
                        <note place="margin">Sup. 1 Cor<g ref="char:punc">▪</g> 11. &amp; sup 2 Cor. hom. 18.</note> said S. <hi>Chrysostom;</hi> and it is evident that S. Paul gives the same
Commandement of drinking the Chalice, as of eating the Bread; sixe times
distinctly mentioning both the Symbols, and directing the Rule and the pre<g ref="char:EOLhyphen"/>cepts
of eating and drinking <hi>to all that are sanctified in Christ Jesus,</hi>
                        <note place="margin">1 Cor. 1. 1, 2.</note> even to all
who are to examine themselves;<note place="margin">1 Cor. 11.</note> for <hi>let a man examine himself, and so let him
eat of that bread and drink of that cup:</hi> and that it was so the custome of the
Church, and their Doctrine that all are to receive the Chalice, that there was
<pb n="425" facs="tcp:58903:241"/>
no Scruple made by the Church concerning it, we are fairly induc'd to a be<g ref="char:EOLhyphen"/>leef;
by the addition made to the Greek text of 1 <hi>Cor.</hi> 10. 17. by the Vul<g ref="char:EOLhyphen"/>gar
Latin; for whereas it is in the Greek [<hi>we all partake of the same bread</hi>]
the Vulgar Latin addes [<hi>&amp; de uno Calice</hi>] and of the same cup. This I the ra<g ref="char:EOLhyphen"/>ther
note because the Jesuits of <hi>Colein</hi> did use this for an argument of the half
Communion; because when S. <hi>Paul</hi> had spoken of the consecration he men<g ref="char:EOLhyphen"/>tions
breaking bread, and drinking the cup; but when he speaks of sumption
or participation, he onely mentions the bread, now supposing that: yet that
defect is supplyed by the Vulgar Latin, the Author of which knowing the
universal custome of the Church and the doctrine of it, supplyed that out of
the sentence of the Church which is not in the Greek text. Though if it had
not been yet the argument would have been just nothing, as being a conclusi<g ref="char:EOLhyphen"/>on
drawn from a particular Negative in one place; and against his custom in
other places, and besides the institution.</p>
                     <p>For the doctrine and practice of the Church is so notorious in this Arti<g ref="char:EOLhyphen"/>cle
that in the Greek Church there was never any variety in it;<note place="margin">13.</note> and to
this day it is used as it was in the beginning and in all the intermedial Ages:
and in the Latin Church for a thousand years it was not altered; Nay to
this day the Church of <hi>Rome</hi> sings in the Hymne upon <hi>Corpus Christi</hi> day,
<q>
                           <l>Dedit fragilibus corporis ferculum,</l>
                           <l>Dedit &amp; tristibus salutis poculum,</l>
                           <l>Dicens, Accipite quod trado vasculum:</l>
                           <l>Omnes ex eo bibite.</l>
                        </q>
He gave his body to be the food of the weak, and the Cup of salvation to
the sorrowful, saying, Take this Vessel that I reach unto you, <hi>Drink ye a<gap reason="illegible" resp="#TECH" extent="1 letter">
                              <desc>•</desc>
                           </gap>l of
this.</hi> Indeed it was often attempted to be chang'd upon the interest of divers
Heresies and superstitious fancies, and rare emergencies. For,</p>
                     <p>1. It was attempted to be omitted in the time of S. <hi>Cyprian</hi> when some
impertinent people would have water onely;<note place="margin">14.</note> But not the Chalice of the
Lords institution in the fruit of the vine: but these mens folly went not far, for
being confuted and reprov' by S. <hi>Cyprian</hi> in a letter to his Brother <hi>Caecilius,</hi>
                        <note place="margin">Lib. 2. ep. 3.</note> I
find no mention of them afterwards.</p>
                     <p>2. It was attempted to be chang'd upon occasion of the <hi>Eremites,</hi>
                        <note place="margin">15.</note> who
comming but seldome to Church could but seldome receive the Chalice, but
desiring more frequently to communicate, they carryed the consecrated bread
with them into their cells, and when they had a mind to it, in that imperfect
manner did imitate the Lords Supper. That they did so is certain, that they
had no warrant for so doing is as certain; and therefore their doing so can be
no warrant to us to doe as they did, much less ought it to be pretended in ju<g ref="char:EOLhyphen"/>stification
of the denying the Chalice to the whole Laity, when the desire it
and may have it. However this unwarrantable custome of the Eremites was
taken away by the first Councel of <hi>Toledo</hi> in the year 390. and afterwards
again forbidden in the year 500. by the Fathers met in Councel at <hi>Caesar Au<g ref="char:EOLhyphen"/>gusta.</hi>
The words of the Councel of Toledo are these;<note place="margin">Can. 14.</note> 
                        <hi>Si quis autem acceptam à
Sacerdote Eucharistiam non sumpserit, velut sacrilegus propellatur:</hi> but this is ful<g ref="char:EOLhyphen"/>ler
explicated in that of <hi>Caesar Augusta, Eucharistiae gratiam si quis probatur ac<g ref="char:EOLhyphen"/>ceptam
non consumpsisse in Ecclesia, anathema sit in perpetuum:</hi> so that under
<pb n="426" facs="tcp:58903:242"/>
the pain of a perpetual curse, and under the crime of Sacrilege they were com<g ref="char:EOLhyphen"/>manded
to spend the Eucharistical Symbols in the Church; and this took from
them all pretence of the necessity in some case of not receiving the chalice.</p>
                     <p>3. In the time of <hi>P. Leo</hi> the first,<note place="margin">16.</note> the <hi>Manichees</hi> who abstained from
wine as an abhomination, would yet thrust themselves into the societies of the
faithful, and pretend to be right beleevers; but S. <hi>Leo</hi> discover'd them by
their not receiving the Chalice in the holy Eucharist;<note place="margin">
                           <gap reason="illegible" resp="#TECH" extent="1 span">
                              <desc>〈…〉</desc>
                           </gap>
                        </note> and whereas they
would have receiv'd in one kind onely, he calls it sacrilege; and reproves
them with the words of S. <hi>Paul;</hi>
                        <note place="margin">
                           <gap reason="illegible" resp="#TECH" extent="1 span">
                              <desc>〈…〉</desc>
                           </gap>
                        </note> 
                        <hi>Mark them which cause divisions amongst
you, and offences contrary to the doctrine which ye have received.</hi> This was
about the year 449.</p>
                     <p>4. A while after,<note place="margin">17.</note> about the yeare 490. Some had gotten some super<g ref="char:EOLhyphen"/>stitious
fancy by the end; and out of reverence to the Holy Sacrament, or some
other device of their own, they thought it fit to abstain from the consecrated
Chalice: but P. <hi>Gelasius</hi> made short work with them; he condemn'd their su<g ref="char:EOLhyphen"/>perstition
and gave sentence, <hi>Aut integra Sacramenta percipiant, aut ab integris
arceantur,</hi> Either all or none: Drive them from the H. Bread, if they refuse the
Sacrament of the Lords bloud.<note place="margin">
                           <gap reason="illegible" resp="#TECH" extent="1 span">
                              <desc>〈…〉</desc>
                           </gap>. 2.</note>
                     </p>
                     <p>5. The Church had sometime in extraordinaay cases,<note place="margin">18.</note> as in communica<g ref="char:EOLhyphen"/>ting
infants or dying people, dipt the holy Bread into the Chalice, and so mi<g ref="char:EOLhyphen"/>nistred
the Sacrament: upon occasion of which some fell in love with the
trick, and would have had it so in ordinary ministrations: we find it menti<g ref="char:EOLhyphen"/>on'd
in the History of <hi>Serapion</hi> in <hi>Eusebius,</hi> and in S. <hi>Cyprian</hi> 4. <hi>de lapsis, &amp; in
Prosper<gap reason="illegible" resp="#TECH" extent="1 letter">
                              <desc>•</desc>
                           </gap>.</hi>
                        <note place="margin">De <gap reason="illegible" resp="#TECH" extent="1 word">
                              <desc>〈◊〉</desc>
                           </gap> c. 6. &amp; 26 q 6. C. 15. in decr.</note> But against this breach P. <hi>Julius</hi> oppos'd himself and stood in
the gap, declaring it to be against the Divine order and Apostolical instituti<g ref="char:EOLhyphen"/>ons,
and contrary to the doctrine of the Gospel and of the Apostles and the
custome of the Church;<note place="margin">
                           <gap reason="illegible" resp="#TECH" extent="1 span">
                              <desc>〈…〉</desc>
                           </gap> A<gap reason="illegible" resp="#TECH" extent="1 letter">
                              <desc>•</desc>
                           </gap>gypt. De consecrat. <gap reason="illegible" resp="#TECH" extent="1 word">
                              <desc>〈◊〉</desc>
                           </gap>. 2. Can. <gap reason="illegible" resp="#TECH" extent="1 word">
                              <desc>〈◊〉</desc>
                           </gap> omne.</note> and his words are remarkable to show from whence
this Article is to be adjusted and determin'd: <hi>Non difficile hoc ab ipso fonte veri<g ref="char:EOLhyphen"/>tatis
probatur, in qua ordinata ipsa Sacramentorum mysteria processerunt;</hi> The very
ordination or institution of the Sacrament is the fountain from whence we are
to derive the truth in this inquiry. But when this Superstition was again reviv'd
about the year 580. the now mention'd decree of P. <hi>Julius</hi> was repeated in the
third Councel of <hi>Braccara,</hi> and all set right again according to the perpetual
custome of the Church, and the institution of our B. Lord, and their pretence
(which was lest they should spill any thing of the holy Chalice) laid aside as
trifling and superstitious.</p>
                     <p>6. And yet after all these motions made by Hereticks and super<g ref="char:EOLhyphen"/>stitious
persons,<note place="margin">19.</note> and so many cautions, suppressions, and decrees against
them; about the year 920. the order of <hi>Cluniack Monks</hi> did communicate
with the Bread dipt in the Chalice as <hi>Cassander</hi> reports:<note place="margin">L. 2. c. 35.</note> and about the
yeer 1120. it was permitted in some Churches so to doe: For by this time
the world was so rude and ignorant that they knew little of the myste<g ref="char:EOLhyphen"/>ries
of Religion, and car'd less; so that for the danger of effusion of the
holy wine they in some places chose that expedient: which although it
was upon great reason condemned by P. <hi>Julius</hi> and the Councel of <hi>Braccara,</hi>
yet it is a great argument that they still beleev'd it necessary to communicate
under both Symbols.</p>
                     <p>
                        <pb n="427" facs="tcp:58903:242"/>
7. But about the time that the School-men began to rule the chair,<note place="margin">20.</note> this
danger of spilling the Chalice wrought so much in their wise heads that they
began about the year 1250. in some Churches to leave out all use of the
Chalice, excepting to the Priests and some Great men who would be careful
not to spill.<note place="margin">3 part sum. Q. 80 art 12. 4. <gap reason="illegible" resp="#TECH" extent="1 span">
                              <desc>〈…〉</desc>
                           </gap> 11. ar<gap reason="illegible" resp="#TECH" extent="1 letter">
                              <desc>•</desc>
                           </gap>. <gap reason="illegible" resp="#TECH" extent="1 letter">
                              <desc>•</desc>
                           </gap>. q. 1.</note> This was but in <hi>some Churches</hi> said <hi>Aquinas;</hi> and it was permit<g ref="char:EOLhyphen"/>ted
to all the Priests present, <hi>de quibus praesumitur quòd magis sint cauti:</hi> and to
some Grandees of the people too for the same reason, as we find in <hi>Richard
Middleton, Innocent</hi> the fourth, and <hi>Petrus de Tarantasia.</hi>
                     </p>
                     <p>8. But by little and little the abuse went further,<note place="margin">21.</note> and grew confirm'd,
and Miracles pretended and invented, as <hi>Alexander of Ales</hi> reports, to stop
the outcries of certain Religious who were extremely troubled at the loss of
the Chalice: and now at last it became the general custome of the Western
Churches; and it grew scandalous to desire it; and it was <hi>established into
a doctrine</hi> in the Councel of <hi>Constance,</hi> and the institution of Christ, and
the custome of the Primitive Church were openly defied, taking notice of
and so laid aside, and <hi>Anathema</hi> pronounced on them that should insist upon
their right, or deny <hi>whole Christ to be under each kind</hi> in the Councel of <hi>Trent;</hi>
and so it abides at this day.</p>
                     <p>The question being now reduc'd to this short issue;<note place="margin">22.</note> 
                        <hi>whether under each
kind whole Christ be received;</hi> it is not unworthy a short inquiry, concerning the
truth, and concerning the consequence of it.</p>
                     <p>1. <hi>For the truth.</hi>
                        <note place="margin">23.</note> I consider that the effect of external rituals and cere<g ref="char:EOLhyphen"/>monials
cannot be disputed Philosophically; as we inquire into the portions of
effect which every herb hath in an infusion; but we are to take and use them
in the simplicity of their institution; leaving them under that secrecy of their
own mysteriousness in which they were left in their first appointment and
publication. The Apostle explicating the mysteries of our Religion, saith,
that <hi>Christ was delivered</hi> (meaning unto death) <hi>for our sins,</hi>
                        <note place="margin">Rom. 4 25.</note> 
                        <hi>and was raised again
for our justification;</hi>
                        <note place="margin">Rom. 5. 9.</note> and yet that <hi>we are justified by his bloud.</hi> Upon these ac<g ref="char:EOLhyphen"/>counts
we can say that by Christs <hi>death</hi> and by his <hi>resurrection</hi> we are justified,
and therefore we are to be partakers of both; but because we are <hi>justified by
faith in his bloud,</hi> it will at no hand follow, we may let alone our <hi>faith,</hi> or ne<g ref="char:EOLhyphen"/>glect
to procure our part in his <hi>resurrection.</hi> So it is in the Symbols Eucharisti<g ref="char:EOLhyphen"/>cal:
supposing it had been said of the Bread, <hi>This is Christ,</hi> or <hi>This is the death
of Christ,</hi> and the same said of the Chalice; yet one alone is not sufficient
to be received when both are instituted: for as all the mysteries of our re<g ref="char:EOLhyphen"/>demption
are effective to our pardon and salvation; so are both the Symbols
of the Eucharist to our reception of Christ; and Baptisme or absolution
may better be pretended to the exclusion of the whole Eucharist, then the suf<g ref="char:EOLhyphen"/>ficiency
of bread to the exclusion of the Chalice; for remission of sins is
perfectly the grace of Baptisme; and those sins return not, but in the case of
Apostacy: but what is the effect of bread alone is no where told, but that it
is the commemoration or remembrance of the broken body of Christ, and the
communication of that body: But then the chalice is also the remembrance of
Christs bloud powred forth, and the exhibition of that which is for the remis<g ref="char:EOLhyphen"/>sion
of sins: and how these two doe work that in us which we hope for, <hi>we
know not,</hi> but that they work as mysteries and Sacraments doe work, but not
as herbs, or natural agents, <hi>that</hi> we may beleeve.</p>
                     <p>
                        <pb n="428" facs="tcp:58903:243"/>
2. I consider that when Christ appointed to the two Symbols two di<g ref="char:EOLhyphen"/>stinct
significations,<note place="margin">24.</note> and that we beleeve that the Sacraments exhibite to wor<g ref="char:EOLhyphen"/>thy
communicants what they represent to all, it must be certain that all Christ,
that is, that all the benefits of Christ are not conveyed by each, which are
conveyed by both, because, as they <hi>signifie</hi> so they <hi>exhihite;</hi> but they do not
each signifie what both together doe. The breaking of the body does not
signifie the effusion of the bloud; neither does the shedding of the bloud si<g ref="char:EOLhyphen"/>gnifie
the breaking the body: and to think that the reduplication of the Sym<g ref="char:EOLhyphen"/>bols
is superfluous, is to charge Christ with impertinency; and if it be not
superfluous, then there is something of real advantage by both, that is not
in each. I will not venture to assign to each their portion of effect: for
what they have they have not naturally, but by Divine donation and appoint<g ref="char:EOLhyphen"/>ment,
and therefore I will not take notice that the same chalice is representa<g ref="char:EOLhyphen"/>tive
and effective of union and charity, (though that is usual enough in societies
and friendships,
<q>—Pylades,<note place="margin">L. 6. ep. 11.</note> Marce, bibebat idem.)</q>
but this I shall observe that the whole effect of the Sacrament is equally attri<g ref="char:EOLhyphen"/>buted
to the worthy receiving the chalice as to that of the bread; and therefore
S. <hi>Remy</hi> caus'd these verses to be written on the chalice,
<q>
                           <l>Hauriat hinc populus vitam de sanguine sacro,</l>
                           <l>Inflicto aeternus quem fudit vulnere Christus.</l>
                        </q>
let the people from hence draw live issuing from the wounds of Christ: now
whatsoever effect is attributed to one is not in exclusion of the other: but in
concomitance with it: and therefore as it would be a strange folly to dispute
what benefit we receive by Christs flesh distinctly, and how much of our
redemption is wrought by his bloud, and it could have no use and no cer<g ref="char:EOLhyphen"/>tainty:
so it would be as strange to say there is so much distinctly in the H.
bread, so much in the wine; and it is worse to attribute to one that which can
be employed to exclude the other: and it is certain there can be nothing
said of advantage that either one or the other hath; and therefore the chalice
may exclude the bread as well as the H. bread the chalice, both alike, that
is, indeed neither.</p>
                     <p>But it is to be observed that in this inquiry the question cannot be concer<g ref="char:EOLhyphen"/>ning
the <hi>receiving Christ;</hi>
                        <note place="margin">25.</note> but of receiving <hi>the Sacraments of Christ,</hi> of his
body and of his bloud. For we receive Christ in Baptisme, and we receive
Christ by faith; and yet nevertheless we are to receive the Sacraments of
Christs body and bloud: and therefore suppose we did receive Christ in the
Holy bread, yet that bread is but the Sacrament of his broken body; and
therefore we must also receive the Sacrament of his bloud spilt for us: or else
we omit to receive the one half of the Sacrament: and if the question were
onely about receiving Christ, we might pretend the whole Sacrament to be
needless, because a spiritual communion, and faith alone will do that work, but
yet faith alone, or the Spiritual communion does not give us the Sacrament,
nor obey Christ in this instance, nor commemorate and represent his death,
which is the duty here inquir'd of, and here enjoin'd.</p>
                     <p>And therefore the dream of the Church of Rome that he that receives
the body,<note place="margin">26.</note> receives also the bloud, because by concomitance, the bloud is re<g ref="char:EOLhyphen"/>ceived
in the body, is neither true nor pertinent to this question. Not true,
because the Eucharist being the Sacrament of the Lords death, that is, of his
<pb n="429" facs="tcp:58903:243"/>
body broken, and his bloud powred forth, the taking of the Sacrament of the
body does not by concomitance include the bloud; because the body is here
Sacramentally represented as slain and separate from bloud: and that is so no<g ref="char:EOLhyphen"/>torious
that some superstitious persons <hi>A. D.</hi> 490. refus'd the Chalice, because
(said they) the body of Christ represented in the holy Sacrament <hi>exangue est,</hi>
it is without bloud; but now the Romanists refuse the Chalice because the
body is not without bloud: they were both amiss, for it is true the body
is represented Sacramentally as killed, and therefore without bloud, which had
ran out at the wounds; and therefore concomitance is an idle and an imper<g ref="char:EOLhyphen"/>tinent
dream: but although the body is without bloud in his death; yet be<g ref="char:EOLhyphen"/>cause
the effusion of the bloud is also Sacramentally to be represented, there<g ref="char:EOLhyphen"/>fore
they should not omit the Chalice.</p>
                     <p>But as to them of the Roman Church;<note place="margin">27.</note> if the bloud be in the body by
<hi>Concomitance,</hi> and therefore they who receive the body receive also the bloud;
then they who sacrifice the body do also sacrifice the bloud; and then it will be
no more necessary to celebrate in both kinds then to communicate in both, and
indeed though the Roman Schools will not endure that the sacrifice (as they
call it) or the consecration should be in one kind, yet <hi>Volaterranus</hi> saies that P.
<hi>Innocent</hi> the eighth gave leave to the <hi>Norvegians</hi> to sacrifice in bread onely:
certain it is the Priest may as well doe so, as the people receive in one kind, for
the people doe in their manner as much celebrate the death of Christ as the
Priest, nor he alone, nor they alone, but the whole action is the due celebration
however the argument of <hi>concomitance</hi> concludes equally: against the celebration
in both kinds, as against the participation; and why the Priest should be oblig'd
to drink the chalice and cannot be excus'd by <hi>Concomitance,</hi> and yet the people
are not oblig'd, but are excus'd by that pretension, abating the reasons of inte<g ref="char:EOLhyphen"/>rest,
cannot easily be imagined.</p>
                     <p>Certain it is they had other thoughts in the Councel of <hi>Turon;</hi>
                        <note place="margin">28.</note> for when
they considered the necessities of sick and dying people, they appointed the
consecrated bread to be sopp'd in the consecrated Chalice; adding this reason,
<hi>Ut veraciter Presbyter dicere possit, Corpus &amp; Sanguis Domini nostri Jesu Christi
proficiat tibi in remissionem peccatorum &amp; vitam aeternam:</hi> that the Priest may
say truly, The body and bloud of our Lord Jesus Christ be profitable unto
you for the remission of your sins and unto life eternal. If they had then
understood the device of <hi>Concomitance,</hi> they would have known that the Priest
might have said so truly, without sopping the H. Bread in the chalice: but
the good Fathers had not yet learn'd the new Metaphysicks.</p>
                     <p>2. Now for <hi>the consequenee</hi> of this pretension;<note place="margin">29.</note> I consider that let the
thing be as true as the interested persons would have it; yet it is not well that
we should dispute against a Divine institution upon a pretence of our vain ar<g ref="char:EOLhyphen"/>guings.
The Apostles with great simplicity took in both kinds at that time
in which onely the device of concomitance was or could be true, for then when
they receiv'd it the bloud was in the body of Christ; but it was Sacramen<g ref="char:EOLhyphen"/>tal
of the bloud to be powred out the next day; however they obeyed with
simplicity and without inquiry, and never feared spilling, nor argued, nor sought
excuses; such simplicity would equally become us: and as to the usefulness of
receiving in both kinds, although it will ill becom any man to argue concerning
the usefulness of a Divine institution, &amp; to pretend excuses against Christ, upon
the account of a Philosophy of their own invention, is very much unlike the
<pb n="430" facs="tcp:58903:244"/>
spirit of humility and wisedome and obedience which ought to be the investi<g ref="char:EOLhyphen"/>ture
of a Christians heart and the tiar of his head, yet I observe that even in
this particular the disadvantage is not little.</p>
                     <p>For if receiving the Sacrament be of any advantage to souls,<note place="margin">10.</note> then it is
certain he that does not receive it is a loser; and yet he that does not receive
the Chalice does not receive the Sacrament, but a peece of it onely; Now in
Sacraments half is as good as none: as he who should onely dip a child in
pure water, and yet not invocate the Trinity should doe nothing at all with his
half Baptisme; so it is certain that the effect of a Sacrament is not imparted
by a half Communion.<note place="margin">Quaest. 32. memb 1. art 2.</note> And therefore <hi>Alexander of Ales</hi> said well, <hi>Sumpto
hoc Sacramento dignè in utraque specie major est effectus unius corporis mystici
cum capite, quàm sumpto sub altera:</hi> and in another place he saies to receive
under both kinds is <hi>majoris meriti tum ratione augmentationis devotionis,</hi>
                        <note place="margin">Quaest. 53.</note> 
                        <hi>tum ra<g ref="char:EOLhyphen"/>tione
fidei dilatationis actualis, tum ratione sumptionis completioris:</hi> it is of greater
merit or value, there is a greater mystical Union between the head and the
members, a greater increase of devotion, a larger and more actual ex<g ref="char:EOLhyphen"/>tent
of faith, and a more compleat Sacramental reception of Christ himself.
To the same purpose there are good things spoken in <hi>Albertus Magnus</hi>
                        <note n="a" place="margin">4. Sent. dist 8. art. 13.</note>, and
in <hi>Thomas Aquinas</hi>
                        <note n="b" place="margin">3. part. Sum. q. 66. art. 2.</note>, <hi>Bonaventure</hi>
                        <note n="c" place="margin">
                           <gap reason="illegible" resp="#TECH" extent="2 letters">
                              <desc>••</desc>
                           </gap>ist<g ref="char:punc">▪</g> 8. q. 2.</note>, and <hi>Petrus de Palude</hi>
                        <note n="d" place="margin">dist. 11. art. 1.</note>, and divers others, all
agreeing that one alone does not make a Sacrament, but a peece of one, and
that there is advantage by both kinds which is not to be had in one: which ad<g ref="char:EOLhyphen"/>vantage
if it be spiritual (as it is, if it be at all) then he that robs the people of
a spiritual good which our Blessed Lord hath designed for them and left unto
them, is sacrilegious and prophane; it is uncharitable and it is impious.
I say it is impious.</p>
                     <p>For it is not to be despised that our B. Lord gave this Sacrament as his
last will and Testament;<note place="margin">31.</note> and though he gave it in his body and bloud, yet he ex<g ref="char:EOLhyphen"/>pressed
onely <hi>the New testament in his bloud;</hi> and for any Church to vio<g ref="char:EOLhyphen"/>late
the Testament of our B. Lord, however men may make no great matter
of it; yet it will receive a punishment according as God sets a value upon it;
and he that shall pluck one seal from a Testament, and say that one is as good
as two, when two were put to it by the Testator, cannot be excus'd by saying
it was nothing but a formality and a ceremony. <hi>Gods ceremonies</hi> are bound upon
us by <hi>Gods Commandement;</hi> and what he hath made to be a sign, does signifie
and exhibit too: and as the brasen serpent though it was but a type or shadow
of the H. Crucifixe; yet did real cures; so can the Symbols and Sacraments
of the crucifixion being hallowed by the Divine institution, and confirmed by
his power; and therefore a violation here is not to be called onely a question
in a ceremony; it is a substantial part of the Christian religion, it is the san<g ref="char:EOLhyphen"/>ction
of the New Testament,<note place="margin">Gal. 3. 15.</note> the last will of our dying Lord. <hi>Now if it be
but a mans testament,</hi> saith S. <hi>Paul, yet no man disannulleth or addeth thereto:</hi> and
therefore to disannul or lessen a portion of the Testament of the Son of God
must needs be a high impiety. <hi>Testamentum quia individuum est pro parte agnosci
&amp; pro parte repudiari non possit,</hi> saies the law, <hi>L.</hi> 7. <hi>jus nostr. D. de reg. iur.</hi> If you
pudiate a part of the will, you must renounce it all; If you permit not to
the people the bloud of Christ, you hinder them from having a part in the
death of Christ, so far as lies in you. Adde to this; that this Holy mystery
being acknowledged by all to be the most mysterious solemnity of the religi<g ref="char:EOLhyphen"/>on,
and by the Church of <hi>Rome</hi> affirm'd to be a proper sacrifice, and so con<g ref="char:EOLhyphen"/>tended
for; it would be remembred that our B. Saviour did adapt, and fit
<pb n="431" facs="tcp:58903:244"/>
this rite to the usages and customes both of Jews and Gentiles; amongst
whom laws, and societies, and contracts and sacrifices were made solemn by
effusion and drinking of bloud; and instead of bloud (amongst the more
civil Nations) they drink wine; and by that were suppos'd partakers even
of the bloud of the Sacrifice. <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap> (saies
<hi>Philo</hi>) <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>. To be drunk, viz.
in the Greek hath its name from their drinking wine after their sacrifices:
and with this Custome among the Gentiles, and with the Paschal ceremonie
of this nature amongst the Jews our Blessed Lord complying looses the wise<g ref="char:EOLhyphen"/>dome
and prudence of it; if the Priest shall sacrifice, and the people drink
none of the bloud of the sacrifice, or that which ritually and Sacramentally
represents it. The covenant of the Gospel, the covenant which God made
with us our Blessed Saviour established and ratified with bloud: Wine was
made to represent and exhibite it: He therefore that takes this away, takes
away the very Sacramentality of the mysterie, and <hi>without bloud there is no
remission.</hi> For as he that gives bread and no water does not nourish the bo<g ref="char:EOLhyphen"/>dy
but destroy it: so it is in the Blessed Sacrament: for (that I may use S.
<hi>Austins</hi> expression which <hi>Paschasius</hi> and <hi>Algerus</hi> in this Article did much in<g ref="char:EOLhyphen"/>sist
upon) <hi>Nec caro sine sanguine, nec sanguis sine carne jure communicatur.
Totus enim homo ex duabus constans substantiis redimitur, &amp; ideo carne simul
&amp; sanguine saginatur.</hi> Neither the flesh without the bloud, nor the bloud
without the flesh is rightly communicated. For the whole man consisting
of two substances is redeem'd, and therefore nourish'd both with the flesh
and the bloud.<note place="margin">Chrysost. hom. 18. in 2 Cor.</note> 
                        <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>.
It is not now as it was in the
old Test<gap reason="illegible" resp="#TECH" extent="1 letter">
                           <desc>•</desc>
                        </gap>ment<g ref="char:punc">▪</g> where the Priest eat one portion, the Prince another, and
the people another; here it is alike to all, the same body and the same cha<g ref="char:EOLhyphen"/>lice
is to all.<note place="margin">L. 2. ep. 3.</note> I end this inquiry with the saying of S. <hi>Cyprian, Si ne unum
quidem ex minimis mandatis legis solvere debet, multo minus ex his magn<gap reason="illegible" resp="#TECH" extent="1 letter">
                              <desc>•</desc>
                           </gap>
mandatis pertinentibus ad ipsum Dominicae passionis &amp; nostrae redemptionis
Sacramentum fas<gap reason="illegible" resp="#TECH" extent="1 letter">
                              <desc>•</desc>
                           </gap> est ullum infringere, vel humanâ traditione mutare.</hi> If it
be not permitted to break one of the least Commandements of the Law,
much less is it to be endured, to break any one, or by humane tradition to
change any belonging to the Sacrament of our Lords passion and of our
redemption: and therefore if ever any Sect or any single person was guil<g ref="char:EOLhyphen"/>ty
of the charge, it is highly to be imputed to the Church of <hi>Rome,</hi> that
<hi>they teach for doctrine the Commandements of men; and make the Commande<g ref="char:EOLhyphen"/>ment
of God of none effect by their tradition.</hi>
                     </p>
                  </div>
                  <div n="10" type="rule">
                     <pb n="432" facs="tcp:58903:245"/>
                     <head>RULE 10. If the sence of a Law be dubious, we are some<g ref="char:EOLhyphen"/>times
to expound it by Liberty, sometimes by
Restraint.</head>
                     <p>ALthough all he Laws of Jesus Christ are so legible in the sense intended<note place="margin">1.</note>
that all good men being plac'd in their proper circumstances conducted
by the Divine providence, making use of all their prepared and ready instru<g ref="char:EOLhyphen"/>ments
can certainly read the prime intention and design of God, yet because
some laws are so combin'd with matter and twisted with material cases, so in<g ref="char:EOLhyphen"/>tricated
by the accidents of men and the investiture of actions, that they cast
a cloud upon the light of Gods word, and a veil upon the Guide of our
lives; and because the sense of words doe change, and very often words can<g ref="char:EOLhyphen"/>not
be equal with things, it comes to pass that the laws are capable of differ<g ref="char:EOLhyphen"/>ing
senses; when therefore any thing of this Nature happens; the first sense of
the words is either to be inlarged or restrained according to the following
measures.</p>
                     <p>
                        <hi>In what cases the stricter sense of the laws of Christ is to be followed.</hi>
                     </p>
                     <p>1. When the duty enjoined by the law is <hi>in deliberation,</hi>
                        <note place="margin">2.</note> and is <hi>to be done,</hi>
we are to use restraint, and take the severer sense of the Law. The reason is
because that is the surer way, and hath in it no inconvenience or impossibility;
but being it is the matter of choice, in all deliberation for the future we must
give sentence for God, and for the interest of Religion This when it is com<g ref="char:EOLhyphen"/>manded
we should <hi>judge our selves that we be not iudged of the Lord;</hi> in the in<g ref="char:EOLhyphen"/>quiry
which every peni<gap reason="illegible" resp="#TECH" extent="1 letter">
                           <desc>•</desc>
                        </gap>ent man makes concerning the extension of the duty
of judging our selves,, if the question be whether judging our selves means
onely to condemne our selves for having sinned, and to confess our selves just<g ref="char:EOLhyphen"/>ly
lyable to the Divine judgment; or does it also mean, to punish our selves,
and by putting our own sentence against our sin into a severe execution of that
sentence upon our selves by corporal inflictions; he that can no otherwise be
determin'd in the question, can safely proceed by chosing the severer side:
for there is no loss in it, no omission, it contains all that any man can think
to be required, and therefore hath in it prudence and charity, caution and re<g ref="char:EOLhyphen"/>gard,
to God and to himself.</p>
                     <p>2. This is not to be understood onely in case there is a doubt no other<g ref="char:EOLhyphen"/>wise
to be resolved but by the collateral advantage of the surer side;<note place="margin">3.</note> but
this severer sense of the law is of it self most reasonable to be chosen, as be<g ref="char:EOLhyphen"/>ing
the intended sense and design of the Lawgiver, who certainly puts no
positive measures to his own laws of love and duty. For since the great
design of the law is such a perfect on which must for ever be growing in
this world, and can never here arrive to its state and period, that sense
which sets us most forward is the most intended; and therefore this way
is not onely to quiet the doubt, but to governe and to rule the Consci<g ref="char:EOLhyphen"/>ence:
This is not onely the surer way, but the onely way that is directly
intended. It is agreeable to the measures of charity, or the love of God, which
<pb n="433" facs="tcp:58903:245"/>
is to have no other bounds, but even the best we can in the measures of God
and the infirmities and capacities of man.</p>
                     <p>3. In the interpretation of the laws of Christ,<note place="margin">4.</note> the strict sense is to be
followed when the laws relate to God and to religion, and contain in them
direct matter of piety and glorifications of God, or charity to our Neighbour,
because in them the further we goe, the neerer we are to God, and we are
not at all to be stopp'd in that progression till we are at our journeys end, till
we are in the state of comprehension. To this purpose are those words of
<hi>Ben-Sirach,</hi>
                        <note place="margin">Ecclus. 43. 30, 31, 32.</note> 
                        <hi>When you glorifie the Lord, exalt him as much as you can, for even
yet will he farre exceed, and when you exalt him put forth all your strength, and
be not weary, for you can never goe farre enough. Who hath seen him that he might
tell us, and who can magnifie him as he is? There are hid greater things yet then
these be, for we have seen but a few of his works,</hi> meaning, that although we cannot
glorifie God sufficiently for the works of power and mercy which we see and
feel, yet because there are very many works which we see not, and infinite num<g ref="char:EOLhyphen"/>bers
and seas of glories above the clouds, which we perceive not and cannot
understand, the onely measures of Religion and the love of God which we
are to take, is to <hi>pray continually, to love God alwayes, to serve him without end,
to be zealous beyond all measures,</hi> excepting those of duty and prudence, <hi>to be
religious without a limit, alwaies to desire, alwaies to endeavour, never to rest as
long as we can work, never to give over as long as any thing is unfinish'd,</hi> and
consequent or Symbolical to all this, that in all disputes of Religion we chuse
the sense of love, not of weariness, that we doe not contend for the lesser
measures, but strive in all our faculties and desire beyond their strength, and
propound Christ for our precedent, and heaven for our reward, and infi<g ref="char:EOLhyphen"/>nity
for our measures toward which we are to set forth by our active and quick
endeavour, and to which we are to reach by our constancy and desires, our
love and the divine acceptance.</p>
                     <p>
                        <hi>When the lawes of Christ are to be expounded to a sense of
ease and liberty?</hi>
                     </p>
                     <p>If to the sense of the duty there be a collateral and indirect burden and
evil appendage,<note place="margin">5.</note> and the alleviating of that burden is to be an ingredient into
the interpretation of the law, and the direct duty is to be done in such mea<g ref="char:EOLhyphen"/>sures
as may doe the most good with suffering the least evil. This happens
in two cases:</p>
                     <p>1. If the strict and severer sense of the law be too great for the state and
strength of the man,<note place="margin">6.</note> that is, if it be apt to make him despair, to make him
throw away his burden: to make him tire, to be weary of, and to hate religion,
his infirmities are to be pitied, and the severest sense of the law is not to be ex<g ref="char:EOLhyphen"/>acted
of him. <hi>Apices juris non sunt jus,</hi> say the Lawyers: The little punctilios
and minutes of law are not law; because if our duty be extended to eve<g ref="char:EOLhyphen"/>ry
little tittle of duty it were necessary that our observation and attendance
should be as particular and punctual; but because that cannot alwaies be actu<g ref="char:EOLhyphen"/>al
and intent, particular and incumbent, those things which insensibly pass by
the observation of a diligent watchful person, doe also inculpably passe by the
man. But of this I have already given accounts in another place<note n="*" place="margin">Doctrine &amp; practice of Re<g ref="char:EOLhyphen"/>pentance. c. 3.</note>. For the present
I further consider, that charity being the great end of the law, and every
<pb n="434" facs="tcp:58903:246"/>
law being a design of making a man happy, every Commandement of
God is then best understood when it is made to doe most good, and rescu<g ref="char:EOLhyphen"/>ed
from being an occasion of evil. The Government of Jesus Christ is most
paternal and serene: his Rod is not heavy, his Commandements are not grie<g ref="char:EOLhyphen"/>vous,
his bands are not snares; but they are holiness, and they are liberty, they
are <hi>glory to God, and good will towards men.</hi>
                     </p>
                     <p>But this at no hand means that any material or integral part of duty can be
omitted,<note place="margin">7.</note> and the omission indulg'd in complyance with any mans infirmity or
danger, for the law is to be our measure, our weaknesses cannot be the mea<g ref="char:EOLhyphen"/>sure
of the integrity of the law; That infirmity by which we omit any part
of du<gap reason="illegible" resp="#TECH" extent="1 letter">
                           <desc>•</desc>
                        </gap>y is a sta<gap reason="illegible" resp="#TECH" extent="1 letter">
                           <desc>•</desc>
                        </gap>e of sin; and God who knew all our infirmities and possibi<g ref="char:EOLhyphen"/>lities
or impossibilities of obedience, complyed sufficiently in the Sanction
of the law, and impos'd no more burden then was even with our powers, and
therefore for what remains we must stoop our shoulder and bear the burden
which Gods wisedome made reasona<gap reason="illegible" resp="#TECH" extent="1 letter">
                           <desc>•</desc>
                        </gap>le and tolerable, and our necessity and
interest makes unavoidable, and love will make easie and delectable.</p>
                     <p>But the burden which can be lessen'd is the burden of degrees of intension
or any thing which consists not in a mathematical point,<note place="margin">8.</note> but is capable of
growth: whatsoever is of such a nature as is alwaies to increase in this life, in that
such abatements may be made as will fit the person and the state; and no man
is to be quarreld at for degrees in the beginn<gap reason="illegible" resp="#TECH" extent="1 letter">
                           <desc>•</desc>
                        </gap>ngs, or in the first progressions of
his piety, only he is to be invited on by proper and fair inducements, and if he
stands still alwaies as he is to be suspected for want of love, so he is to be warned
of his danger, and thrust forward by the memory of the best examples. Thus it
may not upon any terms be permitted to any weak person to doe an act of inju<g ref="char:EOLhyphen"/>stice,
to blaspheme God, to reproach his Father, to be wanton, he may not be al<g ref="char:EOLhyphen"/>lowed
to slander his Brother, to neglect his children, to despise his wife, to part
from her because he is weary of her, for fear the not indulging any thing of this
nature to him should provoke him to anger against the Religion. We may
not give easie answers in cases of Conscience, or promise heaven to them that
live evil lives, for fear that our severity should make them forsake our Commu<g ref="char:EOLhyphen"/>nion
and go to the Roman Church; that is, we must not allow any man to do
one evil to hinder him from another, or give leave to him to break one Com<g ref="char:EOLhyphen"/>mandement
that we may preserve another. But of this I have already given
more particular account<note n="*" place="margin">Vide Book 1. Chapt. 5. Rul. 8. n. 16. &amp;c. usque ad finem.</note>. That which at present I intend is, that no sin or
omission of duty is to be permitted, no law of Christ is to be expounded to
comply with us against God, but when a less severe sense is within the limits of
duty, that our weaknesses are to be complyed withall is affirm'd as being most
charitable and necessary. Thus if i<gap reason="illegible" resp="#TECH" extent="1 letter">
                           <desc>•</desc>
                        </gap> be inquired whether our sorrow for our
sins ought to be punitive and vindictive, sharp and sensible as the perception of
any temporal evil, as the sorrow of a Mother for the death of her onely child
this being a question of degrees which cannot consist in an indivisible point, is
never limited and determinate; any degree that can consist with the main duty
may be permitted to him whose necessity requires such indulgence; and if he
be sorrowful in such a degree as to move him to pray passionately and perse<g ref="char:EOLhyphen"/>veringly
for pardon, to beget in him a wise and a wary caution against tempta<g ref="char:EOLhyphen"/>tion,
to produce in him hatred against sin, and dereliction of it, a war and a vi<g ref="char:EOLhyphen"/>ctory,
the death of sin, and the life of righteousness, the penitent is not to be
prejudic'd by the degree of his sorrow, or the thickness of its edge, and the
Commandement is so to be expounded, as to secure the duty and secure the
<pb n="435" facs="tcp:58903:246"/>
man too: and if he be told that a less degree of sorrow then the supreme
will not serve his turne, and that the Commandement is to be expounded in
the greatest and severest measures, he that finds this impossible to him, will let
it all alone, for as good never a whit as never the better; but then, he that tells
him so, hath laid a snare for his Brothers foot, and binds upon his shoulder a
burden too heavy for him. For to what purpose can we imagine that there
should be a latitude in the Commandement, and yet no use to be made of the
least degree? and if God cherishes the babes in Christ, and is pleas'd in every
step of our progression, then it is certain that they who are but babes are to be
treated accordingly, and the Commandement is to be acted by the proporti<g ref="char:EOLhyphen"/>ons
of the man. * But then if the question be concerning the integrity of
the Repentance, he that is troubled at heart because he is told that a resolution
to leave sin is not enough, that without restitution there is no repentance; he
that will kick at Religion because it requires all the duties which integrate
the Commandement, is not to be complyed with, nor permitted to his folly.
* I have read of a Gentleman who being on his deathbed and his Confessor
searching and dressing of his wounded Soul, was found to be oblig'd to make
restitution of a considerable summe of Money, with the diminution of his
estate. His Confessor found him desirous to be sav'd, a lover of his religion, and
yet to have a kindness for his estate, which he desir'd might be intirely trans<g ref="char:EOLhyphen"/>mitted
to his beloved Heir: he would serve God with all his heart, and repen<g ref="char:EOLhyphen"/>ted
him of his sin, of his rapine and injustice, he begg'd for pardon passionate<g ref="char:EOLhyphen"/>ly,
he humbly hop'd for mercy, he resolv'd in case he did recover, to live
strictly, to love God, to reverence his Priests, to be charitable to the poor<g ref="char:punc">▪</g>
but to make restitution he found impossible to him, and he hop'd the Com<g ref="char:EOLhyphen"/>mandement
would not require it of him, and desir'd to be releeved by an e<gap reason="illegible" resp="#TECH" extent="1 letter">
                           <desc>•</desc>
                        </gap>sy
and a favourable interpretation, for it is ten thousand pities so many good acti<g ref="char:EOLhyphen"/>ons
and good purposes should be in vain, but it is worse, infinitely worse<g ref="char:punc">▪</g> if
the man should perish. What should the Confessor doe in this case? shall
not the man be releeved; and his piety be accepted? or shall the rigor and se<g ref="char:EOLhyphen"/>verity
of the Confessor, and his scrupulous fears and impertinent niceness cast
away a Soul either in future misery, or present discomfort; neither one <gap reason="illegible" resp="#TECH" extent="1 letter">
                           <desc>•</desc>
                        </gap>or
other was to be done; and the good man was onely to consider what God
had made necessary, not what the vices of his penitent and his present follies
should make so. Well! the Priest insists upon his first resolution, <hi>Non di<g ref="char:EOLhyphen"/>mittitur
peccatum nisi restituatur ablatum:</hi> The sick man could have no ease
by the loss of a duty. The poor Clinick desires the Confessor to deal with
his Son and try if he could be made willing that his Father might goe to Hea<g ref="char:EOLhyphen"/>ven
at the charge of his Son, which when he had attempted, he was answer'd
with extreme rudenesses and injurious language; which caused great trouble
to the Priest and to the dying Father. At last the religious man found out
this device, telling his penitent, that unless by corporal penances the<gap reason="illegible" resp="#TECH" extent="1 letter">
                           <desc>•</desc>
                        </gap>e could
be made satisfaction in exchange for restitution he knew no hopes, but because
the profit of the estate which was oblig'd to restitution was to descend upon
the Son, he thought something might be hop'd if by way of commutation the
Son would hold his finger in a burning candle for a quarter of an hour. The
glad Father being overjoyed at this loophole of eternity, this glimpse of hea<g ref="char:EOLhyphen"/>ven,
and the certain retaining of the whole estate, called to his Son, t<gap reason="illegible" resp="#TECH" extent="2 letters">
                           <desc>••</desc>
                        </gap>d him
the condition and the advantages to them both, making no question but he
would gladly undertake the penance. But the Son with indignation replyed
he would not endure so much torture to save the whole estate. To which the
Priest espying his advantage made this quick return to the Old man, Sir, if
<pb n="436" facs="tcp:58903:247"/>
your Son will not for a quarter of an hour endure the pains of a burning fin<g ref="char:EOLhyphen"/>ger
to save your Soul, will you to save a portion of the estate for him endure
the flames of Hell to eternal ages? The unreasonableness of the odds, and
the ungratefulness of the Son, and the importunity of the Priest, and the fear
of Hell, and the indispensable necessity of restitution awakened the old Man
from his lethargy, and he bowed himself to the Rule, made restitution, and
had hopes of pardon and present comfort.</p>
                     <p>2. The other case in which the law is to be expounded to the sense of ease
and liberty is when the question is concerning outward actions,<note place="margin">9.</note> or the crust
and outsides of Religion. For the Christian Religion being wholly Spiritual,
and being ministred to by bodily exercises, and they being but significations
of the inward, not at all pleasing to God for themselves, but as they edifie, in<g ref="char:EOLhyphen"/>struct,
or doe advantages to men, they are in all cases to be exacted, but in such
proportions as can consist with charity, which is the life of Religion: and
therefore if a Soul be in danger to be tempted, or overburden'd with a bodily
exercise if there be hazard that all Religion will be hated, and that the man
will break the yoke if he be pinched in his skin, it is better to secure the great
and internal pr<gap reason="illegible" resp="#TECH" extent="1 letter">
                           <desc>•</desc>
                        </gap>nciple of obedience, then the external instance and expression.
This Caution is of use in the injunction of fasting daies, and external acts of
mortification, which are indeed effects of the laws of Christ, but the measures
of these laws are to be such as consist with the great end of the laws, that is,
mercy and internal Religion. And the great reason of this is; because all
external actions are really such as without our fault they may be hindred;
there may be some accidents and causes by which they shall not be at all, and
there may be many more by which they may be eas'd and lessen'd. An exter<g ref="char:EOLhyphen"/>nal
accident, or a corporal infirmity is to be complyed withall in the matter of
external m<gap reason="illegible" resp="#TECH" extent="1 letter">
                           <desc>•</desc>
                        </gap>nisteries; that is, when there is mercy in it: and so must every ver<g ref="char:EOLhyphen"/>tue
and inward grace, because it is for the interest of Religion. Now what must
be permitted in the action ought to be so in the sentence, and that is the mean<g ref="char:EOLhyphen"/>ing
of the law which is either commanded to the strong or indulged to the
weak. Adde to this, that outward actions of Religion are for the weak, not
for the strong; they are to minister to weakness and infirmities, and by bodily
expressions to invite forward, to entertain, to ferment, to endear the spirit of
a man to the purposes of God; but even the body it self shall be spiritual, and
it is intended that it shall wholly minister to God in spiritual services hereafter.
In the mean time, by outward acts it does something Symbolical, or at least
expressive of the inward duty. But therefore if the external doe disserve the
Spirit of God by oppressing the spirit of the man; that whose Nature and in<g ref="char:EOLhyphen"/>stitution
is wholly instrumental must be made to comply with the end; and
therefore must stand there when it is apt to minister to it, but must goe away
if it hinders it.</p>
                     <p>3. In the interpretation of the laws of Christ to a sense of ease and li<g ref="char:EOLhyphen"/>berty,<note place="margin">10.</note>
there must be no limits and lessenings describ'd beforehand; or in
general; because any such proceeding would not onely be destitute of that
reason which warrants it in some cases, but would evacuate the great purpose of
the law in all: that is, it would be more then what is necessary to comply with
new and accidental necessities, and to others it would be less then what is inten<g ref="char:EOLhyphen"/>ded
in the law, it would either tye the weak to impossibilities, or give leave to
the strong to be negligent and unprofitable; it would command too much
or permit too much; it would either hold the bridle too hard, or break it all
<pb n="437" facs="tcp:58903:247"/>
in peeces. But the interpretation and ease must be as accidental as the cause
that inforces it, or the need that invites it; that is, every law of Christ intends
that we should obey it in the perfection, that we should do it in the best way
we can; and every man must doe so; but because all cannot doe alike, every
mans best is alike in the event, but not in the action; and therefore the law
which is made for man must mean no more then every man can doe; but
because no man is to be supposed to be in disorder and weakness, till he be
found to be so, therefore beforehand no complyance or easie interpretation is
to be made of the degrees of duty.</p>
                     <p>4. No laws of Christ are to suffer diminution of interpretation in the
degrees to persons that make themselves weak,<note place="margin">11.</note> that they may bear but a little
burden: but the gentler sentence and sence of laws is to be applyed to ease the
weary and the afflicted, him that desires much and can doe but little; to him
that loves God and loves religion; to him that endeavours heartily,
and inquires <hi>diligently,</hi> and means <hi>honestly;</hi> to him that hath every thing
but strength, and wants nothing but growth and time, and good circumstan<g ref="char:EOLhyphen"/>ces
and the prosperities of piety. The best indications of which state of
persons are these:</p>
                     <p>
                        <hi>Who are truly and innocently weak and to be complyed with?</hi>
                     </p>
                     <p>1. They are to be complyed with who are new beginners in religion,<note place="margin">12.</note> or
<hi>the uninstructed;</hi> they who want strengths not by reason of any habitual sin,
but by the nature of beginnings and new changes; for none can more inno<g ref="char:EOLhyphen"/>cently
pretend to a forbearance and sufferance, then those who have the weak<g ref="char:EOLhyphen"/>ness
of infancy. But I added also that <hi>the uninstructed</hi> have the same preten<g ref="char:EOLhyphen"/>sion,
for according as their degrees of ignorance are, so are the degrees of their
excusable infirmity. But then by uninstructed is onely meant such who have
not heard, or could not learn; not such who are <hi>ever learning</hi> and never suf<g ref="char:EOLhyphen"/>ficiently
taught; that is, such who love to hear but not to be <hi>doers of the word,</hi>
such who are perverse and immorigerous, such who serve a humor or an inte<g ref="char:EOLhyphen"/>rest,
an opinion or a peevish Sect in their learning. For there are some who
have spent much time in the inquiries of religion, whom if you call ignorant
they suppose themselves injur'd; and yet will require the privileges and com<g ref="char:EOLhyphen"/>plyances
of the weak: these men trouble others, and therefore are not to be
eas'd themselves; their weakness of state is the impotency of passion, and
therefore they must not rejoice in that by which they make others griev'd.</p>
                     <p>2. They are to be complyed with according to the foregoing measures
who in all things where they know and can,<note place="margin">13.</note> doe their hearty endeavours, and
make no abatement to themselves, but with diligence and sincerity prosecute
their duty. For this diligence and sincerity is a competent Testimony that
the principle of their necessity is not evil but innocent and unavoidable. What<g ref="char:EOLhyphen"/>soever
is not an effect of idleness or peevishness may come in upon a fair, but
alwaies comes in upon a pityable account; and therefore is that Subject
which is capable of all that case of rigour and severity which the wise Ma<g ref="char:EOLhyphen"/>sters
of assemblies and interpreters of the Divine laws doe allow to any per<g ref="char:EOLhyphen"/>sons
in any cases.</p>
                     <p>3. The last sign of Subjects capable of ease is <hi>infirmity of body;</hi>
                        <note place="margin">14.</note> and
that is a certain disposition to all the mercies and remissions of the law in such
<pb n="438" facs="tcp:58903:248"/>
cases as relate to the body and are instanc'd in external ministeries. To which
also is to be referred <hi>disability of estate</hi> in duties of exteriour charity; which
are to be exacted according to the proportions of mens civil power, taking in
the needs of their persons and of their relations, their calling and their quality,
and that God intends it should be so appears in this; because all outward duties
are so enjoin'd that they can be supplyed, and the internal grace instanc'd in
other actions, of which there are so many kinds that some or other can be
done by every one; and yet there is so great variety that no man or but ve<g ref="char:EOLhyphen"/>ry
few men can doe all. I instance in the several waies of mortification, <hi>viz.</hi>
by fastings, by watchings and pernoctations in prayer, lyings on the ground,
by toleration and patience, laborious gestures of the body in prayer, standing
with arms extended, long kneelings on the bare ground, suffering contradi<g ref="char:EOLhyphen"/>ction
and affronts, lessenings and undervaluings, peevish and cross accidents,
denying our selves lawful pleasures, refusing a pleasant morsel, leaving society
and meetings of friends, and very many things of the like Nature; by any of
which the body may be mortified and the Soul disciplin'd: or the outward
act may be supplyed by an active and intense love which can doe every thing of
duty: So also it is in alms, which some doe by giving money to the poor;
some by comforting the afflicted, some by givi<gap reason="illegible" resp="#TECH" extent="1 letter">
                           <desc>•</desc>
                        </gap>g silver and gold, others which
have it not, doe yet doe greater things: but since it matters not what it is we
are able to doe, so that we do but what we are able, it matters not how the grace
be instanc'd, so that by all the instances we can, we doe minister to the grace,
it follows, that the law can be made to bend in any thing of the external in<g ref="char:EOLhyphen"/>stance
so that the inward grace be not neglected; but therefore it is certain
that because every thing of matter can by matter be hindred; and a string or
a chain of Iron can hinder all the duty of the hand and foot, God who imposes
and exacts nothing that is impossible, is contented that the obedience of the
Spirit be secured, and the body must obey the law as well as it can.</p>
                     <p>But there are some other considerations to be added to the main Rule.</p>
                     <p>5. When the action is already done,<note place="margin">15.</note> and that there is no further delibera<g ref="char:EOLhyphen"/>tion
concerning the direct duty, yet the law is not at all to be eased and lessen<g ref="char:EOLhyphen"/>ed,
if there be a deliberation concerning the collateral and accidental duty of
Repentance: and this is upon the same reasons as the first limitation of the rule.
for when a duty is to be done, and a deliberation to be had, we are in perfect
choice, and therefore we are to answer for God and for Religion, and this is all
one, whether the inquiry be made in the matter of inocence or repentance, that
is, in the preventing of a sin or curing of it. For we are in all things tyed to as
great a care of our duty after we have once broken it as before; and in some
things to a greater; and repentance is nothing but a new beginning of our duty,
a going from our error, and a recovery of our loss, and a restitution of our
health, and a being put into the same estate from whence we were fallen; so
that at least all the same severities are to be used in repentance, as great a rigor
of sentence, as strict a caution, as careful a walking, as humble and universal
an obedience, besides the sorrow and the relative parts of duty which come
in upon the account of our sin.</p>
                     <p>6. But if the inquiry be made after the sin is done,<note place="margin">16.</note> and that there is no
deliberation concerning any present or future duty, but concerning the hopes
or state of pardon, then we may hope that God will be easie to give us pardon,
according to the gentlest sense and measures of the law. For this, provided
it be not brought into evil example in the measures of duty afterwards, can
<pb n="439" facs="tcp:58903:248"/>
have in it no danger: it is matter of hope, and therefore keeps a man from de<g ref="char:EOLhyphen"/>spair;
but because it is but matter of hope, therefore it is not apt to abuse
him into presumption, and if it be mistaken in the measures of the law, yet
it makes it up upon the account of Gods mercy, and it will be all one; either
it is Gods mercy in making an easie sense of the law, or Gods mercy in giving
an easie sentence on the man, or Gods mercy in easing and taking off the pu<g ref="char:EOLhyphen"/>nishment,
and that will be all one as to the event, and therefore will be a suffi<g ref="char:EOLhyphen"/>cient
warrant for our hope, because it will some way or other come to pass as
we hope. It is all alike whether we be saved because God will exact no more
of us, or because though he did exact more by his law yet he will pardon so
much the more in the sentence: But this is of use onely to them who are tem<g ref="char:EOLhyphen"/>pted
to despair, or oppressed by too violent fears; and it relies upon all the
lines of the Divine mercy, and upon all the arguments of comfort by which
declining hopes use to be supported: and since we our selves by observing our
incurable infirmities espy some necessities of having the law read in the easier
sense, we doe in the event of things find that we have a need of pardon great<g ref="char:EOLhyphen"/>er
then we could think we should in the heats of our first conversion and the
fervors of our newly returning piety; and therefore God does not onely see
much more reason to pity us upon the same account; but upon divers others,
some whereof we know and some we know not; but therefore we can hope
for more then we yet see in the lines of Revelation, and possibly we may re<g ref="char:EOLhyphen"/>ceive
in many cases better measure then we yet hope for: but whoever makes
this hope to lessen his duty will find himself ashamed in his hope; for no hope
is reasonable but that which quickens our piety, and hastens and perfects our
repentance, and purifies the Soul, and engages all the powers of action, and ends
in the love of God, and in a holy life.</p>
                     <p>7. There are many other things to be added by way of assistance to
them who are pressed with the burden of a law <hi>severely apprehended,</hi>
                        <note place="margin">17.</note> or <hi>un<g ref="char:EOLhyphen"/>equally
applyed,</hi> or <hi>not rightly understood;</hi> but the summe of them is this.</p>
                     <p>1. If the sense be hidden or dubious, doe nothing till the cloud be off, and
the doubt be removed.</p>
                     <p>2. If the law be indifferent to two senses, take that which is most pi<g ref="char:EOLhyphen"/>ous
and most holy.</p>
                     <p>3. If it be between two, but not perfectly indifferent, follow that which is
most probable.</p>
                     <p>4. Doe after the custome and common usages of the best and wisest men.</p>
                     <p>5. Doe with the most, and speak with the least.</p>
                     <p>6. Ever bend thy determination to comply with the analogy of faith, and
the common measures of good life, and the glorifications and honour of God,
and the utility of our Neighbour.</p>
                     <p>7. Then chose thy part of obedience, and doe it cheerfully and confident<g ref="char:EOLhyphen"/>ly,
with a great industry and a full persuasion.</p>
                     <p>8. After the action is done enter into no new disputes whether it was law<g ref="char:EOLhyphen"/>ful
or no, unless it be upon new instances and new arguments, relating to
what is to come, and not troubling thy self with that which with prudence and
deliberation thou didst (as things were then represented) well and wisely chose.</p>
                  </div>
                  <div n="11" type="rule">
                     <pb n="440" facs="tcp:58903:249"/>
                     <head>RULE 11. The positive laws of Jesus Christ cannot be dispensed
with by any humane power.</head>
                     <p>I Have already in this book given account of the indispensability of the Na<g ref="char:EOLhyphen"/>tural
laws which are the main constituent parts of the Evangelical:<note place="margin">1.</note> but there
are some positive laws whose reason is not natural nor eternal,<note place="margin">Chap. 1. R<gap reason="illegible" resp="#TECH" extent="2 letters">
                              <desc>••</desc>
                           </gap> 12.</note> which yet
Christ hath superinduc'd; concerning which there is great question made
whether they be dispensable by humane power. Now concerning these I say
that all laws given by Christ are now made for ever to be obligatory, and he is
the King of heaven and earth, the Head and Prince of the Catholick Church,
and therefore hath supreme power, and he is the <hi>wonderful Councellour, the ever<g ref="char:EOLhyphen"/>lasting
Father, the Prince of Peace,</hi> and his wisedome is supreme, he is <hi>the wise<g ref="char:EOLhyphen"/>dome
of the Father,</hi> and therefore he hath made his laws so wisely, so agreeably
to the powers and accidents of mankind that they can be observed by <hi>all men</hi>
and <hi>all waies,</hi> where he hath pass'd an obligation. Now because every dispen<g ref="char:EOLhyphen"/>sation
of laws must needs suppose an infirmity or imperfection in the law or an
infirmity in the man, that is, that either the law did inferre inconvenience
which was not foreseen, or was unavoidable; or else the law meets with the
changes of mankind with which it is not made in the sanction to comply, and
therefore must be forc'd to yeeld to the needs of the man<g ref="char:punc">▪</g> and stand aside till
that necessity be past: it follows that in the laws of the H. Jesus there is no
dispensation; because there is in the law no infirmity and no incapacity in the
man: for every man can alwaies obey all that which Christ commanded and
exacted: I mean he hath no natural impotency to do any act that Christ hath
requir'd, and he can never be hindred from doing of his duty.</p>
                     <p>And this appears in this,<note place="margin">2.</note> because God hath appointed a harbour whether
every vessel can put in when he meets with storms and contrary winds abroad:
and when we are commanded by a persecuter not to obey God, we cannot
be forc'd to comply with the evil man; for we can be secure against him by
suffering what he pleases, and therefore disobedience to a law of Christ can<g ref="char:EOLhyphen"/>not
be made necessary by any external violence: I mean every internal act
is not in it self impedible by outward violence: and the externall act which
is made necessary can be secur'd by a resolution to obey God rather then men.</p>
                     <p>2.<note place="margin">3.</note> But there are some external actions and instances of a Commande<g ref="char:EOLhyphen"/>ment
which may accidentally become impossible by subtraction of the mate<g ref="char:EOLhyphen"/>rial
part; so for want of water a child cannot be baptized; for want of wine
or bread we cannot communicate; which indeed is true, but doe not inferre
that therefore there is a power of dispensing left in any man or company of
men; because in such cases there is no law, and therefore no need of dispen<g ref="char:EOLhyphen"/>sation;
For affirmative precepts in which onely there can be an external impe<g ref="char:EOLhyphen"/>diment
doe not oblige but in their proper circumstances and possibilities: and
thus it is even in human laws. No law obliges beyond our power; and although
it be necessary sometimes to get a dispensation even in such cases, to rescue our
selves from the malice or the carelessness, the ignorance or the contrary inte<g ref="char:EOLhyphen"/>rests
of the ministers of justice, who goe by the words of the law, and are not
competent or nor instructed judges in the matter of necessity or excuse, yet
<pb n="441" facs="tcp:58903:249"/>
there is no such need in the laws of God. For God is alwaies just and al<g ref="char:EOLhyphen"/>waies
wise, he knows when we can and when we cannot, and therefore as he
cannot be deceived by ignorance, so neither can he oppress any man by inju<g ref="char:EOLhyphen"/>stice,
and we need not have leave to let a thing alone, which we cannot doe
if we would never so fain; and if we cannot obey, we need not require of
God a warrant under his hand or an act of indemnity; for which his justice
and his goodness, his wisedome and his very Nature are infinite security:
and therefore it cannot be necessary to the Church that a power of dispen<g ref="char:EOLhyphen"/>sing
should be intrusted to Men, in such cases where we cannot suppose
the law of God to bind. Thats our best security that we need no dispensation.</p>
                     <p>3.<note place="margin">4.</note> In external actions and instances of vertue or of obedience to a Com<g ref="char:EOLhyphen"/>mandement
of Jesus Christ where ever there can be a hinderance, <hi>if the
obligation does remain,</hi> the instance that is hindred can be supplyed with ano<g ref="char:EOLhyphen"/>ther
of the same kind. Thus releeving the poor hungry man, can be hindred
by my own poverty and present need, but I can visit him that is sick, though I
cannot feed the hungry, or I can give him bread when I cannot give him a
cloak; and therefore there can need no dispensation when the Commandement
if it be hindred in one instance can as perfectly and to all the intentions of our
lawgiver be performed in another.</p>
                     <p>4. In external actions <hi>which can be hindred and which cannot be supplyed
by the variety of the instances in the same kind,</hi>
                        <note place="margin">5.</note> yet if the obligation remains,
they may be supplyed with the internal act, and with the spiritual. Thus
if we cannot receive actual baptisme, the desire of it is accepted, and he
that communicates spiritually, that is, by faith and charity, by inward devo<g ref="char:EOLhyphen"/>tion
and hearty desire, is not guilty of the breach of the Commandement if
he does not communicate sacramentally, being unavoidably and inculpably
hindred. For whatsoever is not in our power, cannot be under a <gap reason="illegible" resp="#TECH" extent="1 word">
                           <desc>〈◊〉</desc>
                        </gap>, and where
we doe not consent to the breach of a Commandement, we cannot be exposed
to the punishment. This is the voice of all the world, and <gap reason="illegible" resp="#TECH" extent="3 letters">
                           <desc>•••</desc>
                        </gap>s is natural rea<g ref="char:EOLhyphen"/>son,
and the ground of justice, without which there can be no Government but
what is Tyrannical and unreasonable. These things being notorious and con<g ref="char:EOLhyphen"/>fess'd
the consequents are these:</p>
                     <p>1.<note place="margin">6.</note> That there is no necessity that a power of dispensing in the positive
laws of Christ should be intrusted to any man, or to any society. Because
the law needs it not, and the Subjects need it not: and he that dispenses must
either doe it when there is cause, or when there is none. If he dispenses when
there is no cause, he makes himself superiour to the power of God by exerci<g ref="char:EOLhyphen"/>sing
dominion over his laws: If he dispenses when there is cause, he dispenses
when there is no need. For if the Subject can obey, he must obey, and man
cannot untie what God hath bound: but if he cannot obey, he is not bound,
and therefore needs not be untyed: he may as well go about to unbend a strait
line, or to number that which is not, as to dispense in a law, to which in such
cases God exacts no obedience.</p>
                     <p>
                        <note n="*" place="margin">C. proposuit. de concess. praebend. <gap reason="illegible" resp="#TECH" extent="1 letter">
                              <desc>•</desc>
                           </gap>. 20.</note> 
                        <hi>Panormitan</hi> affirms that the Pope hath power to dispense <hi>in all the laws
of God,</hi>
                        <note place="margin">7.</note> except in the Articles of faith; and to this purpose he cites <hi>Innocen<g ref="char:EOLhyphen"/>tius
in c. Cum ad Monasterium, de statu Monachorum.</hi>
                        <note n="*" place="margin">In c. quae in Eccles. inconst. n. 19, 20.</note> 
                        <hi>Felinus</hi> affirmes that
the Pope can change the form of Baptisme, and that he can with one word,
and without all solemnity consecrate a Priest, and that he can by his word
<pb n="442" facs="tcp:58903:250"/>
alone make a Bishop: and though these pretenses are insolent and strange,
yet in fact he does as much as this comes to: for the Pope gives leave sometimes
to a mere Priest to give confirmation, which by divine right is onely belonging
to Bishops by their own confession: That the Blessed Eucharist is to be con<g ref="char:EOLhyphen"/>secrated
in both kinds is certainly of Divine right; and so confessed by the
Church of <hi>Rome:</hi> but the Pope hath actually dispensed in this article and gi<g ref="char:EOLhyphen"/>ven
leave to some to consecrate in bread onely, and particularly to the <hi>Norve<g ref="char:EOLhyphen"/>gians</hi>
a dispensation was given by <hi>Innocent</hi> the eighth, as I have already no<g ref="char:EOLhyphen"/>ted
out of <hi>Volaterranus.</hi>
                     </p>
                     <p>There are some learned men amongst them who speak in this question with
less scandal,<note place="margin">8.</note> but almost with the same intentions and effects. Some of their
Divines,<note place="margin">Can<gap reason="illegible" resp="#TECH" extent="1 letter">
                              <desc>•</desc>
                           </gap>s re<gap reason="illegible" resp="#TECH" extent="1 letter">
                              <desc>•</desc>
                           </gap>ect. <gap reason="illegible" resp="#TECH" extent="1 span">
                              <desc>〈…〉</desc>
                           </gap> 5. ad finem.</note> particularly the Bishop of the <hi>Canaries,</hi> saies that the Pope hath not
power to dispense in the whole, or in all the laws of God, but in some onely;
namely where the observation of the law is <hi>impeditiva majoris boni,</hi> a hindrance
or obstruction to a greater Spiritual good; as it may happen in oaths and vows:
and (<hi>Sanchez</hi> addes) in the consecration of the Blessed Sacrament in both
kinds: in these, say they, the Pope can dispense: But where the observation
of the laws in the particular brings no evil, or inconvenience, and does never
hinder a greater good, there the laws are indispensable; such as are <hi>Confessi<g ref="char:EOLhyphen"/>on,
Baptisme, using a set form of words in the ministration of the Sacraments.</hi> So
that the meaning is, the Pope never wants a power to doe it, if there be
not wanting an excuse to colour it, and then in effect the Divines agree with
the Lawyers; for since the power of dispensing is given in words indefinite
and without specification of particulars (if it be given at all;) the authority
must be unlimited as to the person, and can be limited onely by the incapacity
of the matter; and if there could be any inconvenience in any law, there might
be a dispensation in it: So that the Divines and the Lawyers differ onely in
the instances; which if we should consider, or if any great interest could be
serv'd by any, there can be no doubt but it would be found a sufficient cause of
dispensation. So that this is but to cozen mankind with a distinction to no
purpose; and to affirme that the Pope cannot dispense in such things which
yeeld no man any good or profit: such as is the using a set forme of words
in Baptisme, or the like; and they may at an easie rate pretend the Popes power
to be limited, when they onely restrain him from violating a Divine law, when
either the observation of it is for his own advantage, as in Confession (meaning
to a Priest) or when it serves the interest of no man to have it changed, as in the
formes of Sacraments.</p>
                     <p>But then,<note place="margin">9.</note> that I may speak to the other part; to say that the Pope may
dispense in a Divine law when the particular observation does hinder a greater
spiritual good, and that this is a sufficient cause is a proposition in al things false,
and in some cases, even in those where they instance, very dangerous. <hi>It is false,</hi>
because if a man can by his own act be oblig'd to doe a thing which yet is im<g ref="char:EOLhyphen"/>peditive
of a greater temporal good, then God can by his law oblige his obedi<g ref="char:EOLhyphen"/>ence,
though accidentally it hinder a greater spiritual good. Now if a man have
promised, he must keep it though it were to his own hindrance, said <hi>David;</hi> and
a man may not break his oath though the keeping of it hinder him from many
spiritual comforts and advantages;<note place="margin">Psal. 15.</note> nay a man may neglect a spiritual advan<g ref="char:EOLhyphen"/>tage
for a temporal necessity; and in the Bohemian warres, the King had better
been at the head of his Troops, then at a Sermon when <hi>Prague</hi> was taken.</p>
                     <p>
                        <pb n="443" facs="tcp:58903:250"/>
* But I consider (for that is also very material) that it is dangerous. For
whenmen to justifie a pretence or to verifie an action or to usurpe a power shall
pretend that there is on the other side a greater Spiritual good they may very
easily deceive others, because either voluntarily or involuntarily they deceive
themselves, for when God hath given a Commandement, who can say that
to let it alone can doe more good to a mans Soul then to keep it? I instance
in a particular which is of great interest with them. If a man have vowed to
a woman to marry her, and contracted himself to her <hi>per verba de praesenti;</hi>
she according to her duty loves him passionately, hath marryed her very Soul
to him, and her heart is bound up in his: but he changes his mind, and en<g ref="char:EOLhyphen"/>ters
into religion: but stops at the very gate and asks who shall warrant him
for the breach of his faith and vows to his Spouse? The Pope answers he will;
and though by the law of God he be tyed to that woman, yet because the keep<g ref="char:EOLhyphen"/>ing
of that vow would hinder him from doing God better service in religion
this is a sufficient cause for him to dispense with his vow. This then is the case
concerning which I inquire:<note place="margin">1.</note> 1. How does it appear that to enter into a mo<g ref="char:EOLhyphen"/>nastery
is absolutely a greater Spiritual good then to live chastly with the wife
of his love and vows?<note place="margin">2.</note> 2. I inquire whether to break a mans vow be not of
it self (abstracting from all extrinsecal pretensions and collateral inducements)
a very great sin? and if there were not a great good to follow the breach of
it, I demand whether could the Pope dispense or give leave to any man to doe
it? If he could, then it is plain he can give leave to a man to doe a very
great evil; for without the accidentally consequent good, it is confessed to be
very evil to break our lawful vows. But if he cannot dispense with his vow
unless some great good were to follow upon the breach of it, then it is cleer
he can give leave to a man to doe evil that good may come of it. For if with<g ref="char:EOLhyphen"/>out
such a reason or such a consequent good the Pope could not dipense, then
the consequent good does legitimate the dispensation, and either an evil act
done for a good end is lawful and becomes good, or else the Pope plainly gives
him leave to doe that which is still remaining evil, for a good end: either of
which is intolerable, and equally against the Apostles Rule, which is also a
rule of natural religion and reason: No man must doe evil for a good end.
* But then,<note place="margin">3.</note> 3. who can assure me that an act of religion is better then an
act of justice? or that God will be served by doing my wife an injury? or
that he will accept of me a new vow which is perfectly a breaking of an old?
or that by our vows to our wives we are not as much obliged to God as by our
Monastical vows before our Abbot? or that marriage is not as great an act
of religion if wisely and holily undertaken (as it ought to be) as the taking the
habit of S. <hi>Francis?</hi> or that I can be capable of giving my self to religion
when I have given the right and power of my self away to another? or that
I may not as well steal from a man to give alms to the poor, as wrong my
wife to give my self to a Cloyster? or that he can ever give himself to religi<g ref="char:EOLhyphen"/>on,
who breaks the religion of vows and promises, of justice and honour, of
faith and the Sacramental mystery that he may goe into religion? or that my
retirement in a cloister, and doing all that is these intended can make recom<g ref="char:EOLhyphen"/>pence
for making my wife miserable, and it may be desperate and calamitous
all her life time? Can God be delighted with my prayers which I offer to him
in a cloister, when it may be at the same time my injur'd Spouse is praying to
God to doe her justice and to avenge my perjuries upon my guilty head, and
it may be, cries loud to God and weeps and curses night and day? who can
tell which is better, or which is worse? For marriage and single life of them<g ref="char:EOLhyphen"/>selves
are indifferent to piety or impiety, they may be us'd well, or ab<g ref="char:EOLhyphen"/>us'd
<pb n="444" facs="tcp:58903:251"/>
to evil purposes; but if they take their estimate by the event, no man
can beforehand tell which would have been the greater spiritual good. But
suppose it as you list, yet,</p>
                     <p>I consider that when God saies that <hi>obedience is better then Sacrifice,</hi>
                        <note place="margin">11.</note> he
hath plainly told us that no pretence of Religion, or of a greater spiritual
good can legitimate vow-breach, or disobedience to a divine Commandement:
and therefore either the Pope must dispense in all laws of Christ, and without
all reason, that is, by his absolute authority and supereminency over the law and
the power that established it, or else he cannot dispense at all; for there is no
reason that can legitimate our disobedience.</p>
                     <p>But then if we consider the Authority it self,<note place="margin">12.</note> the considerations will be
very material. No man pretends to a power of dispensing in the law of
God but the Pope onely; and he onely upon pretence of the words spoken
to S. <hi>Peter,</hi>
                        <note place="margin">Matth. 16. 19.</note> 
                        <hi>Whatsoever thou shalt loose on earth shall be loosed in heaven.</hi> Now
did ever any of the Apostles or Apostolical men suppose that S. <hi>Peter</hi> could
in any case dispense with vow-breach, or the violation of a lawful oath?
Was not all that power which was then promis'd to him wholly relative to
the matter of Fraternal correption? and was it not equally given to the
Apostles? for either it was never perform'd to S. <hi>Peter,</hi> or else it was alike
promised and perform'd to all the Apostles in the donation of the Spirit,<note place="margin">Matth. 18. 18. John 20. 23.</note> and of
the power of binding, and the words of Christ to them before and after his re<g ref="char:EOLhyphen"/>surrection:
so that by certain consequence of this, either all the successours of
the Apostles have the same power, or none of the Successours of S. <hi>Peter.</hi>
Or if the Successours of S. <hi>Peter</hi> onely, why not his successors at <hi>Antioch</hi>
as well as his Suceessors at <hi>Rome?</hi> since it is certain that he was at <hi>Antioch,</hi>
but is not so certain that he was at all at <hi>Rome,</hi> for those things that <hi>Ulrichus
Velenus</hi> saies against it in a Tractate on purpose on that Subject and published
by <hi>Goldastus</hi> in his third Tome are not inconsiderable allegations &amp; arguments
for the Negative, but I shall give account of that inquiry in some of the follow<g ref="char:EOLhyphen"/>ing
pages. And yet suppose he was, yet it is as likely, that is, as certain as the
other; that after the Martyrdom of S. <hi>Peter</hi> and S. <hi>Paul</hi> there were two Bishops
or Popes of <hi>Rome;</hi> as it is conjectur'd by the different Catalogues of the first
successions, and by their differing Presidencies or Episcopacies, one being over
the Circumcision and the other over the Uncircumcision (if I say they were
at all, concerning which I have no occasion to interpose my sentence.) But
if either this gift was give in common to all the Apostles, or if it was given
personally to S. <hi>Peter,</hi> or if it means onely the power of Discipline over sin<g ref="char:EOLhyphen"/>ners
and penitent persons, or if it does not mean to destroy all justice and
humane contracts, to rescind all the laws of God and man, to make Christs
laws Subject to Christs Minister, and Christs Kingdome to be the Popes in<g ref="char:EOLhyphen"/>heritance
and possession, <hi>in alto Dominio,</hi> if those words of Christ to S. <hi>Peter</hi>
are so to be understood as that his Subjects and servants shall still be left in those
rights which he hath given and confirm'd and sanctified, then it follows unde<g ref="char:EOLhyphen"/>niably
that S. <hi>Peter</hi>'s power of the keys is not to be a pick lock of the laws of
his Master, but to bind men to the performance of them, or to the punishment
of breaking them, and if by those words of [<hi>Whatsoever thou shalt loose</hi>] it be
permitted to loose and untie the band of oaths and vows, then they may also
mean a power of loosing any mans life, or any mans right, or any mans word,
or any mans oath, or any mans obligation solemn, or unsolemn, when he hath
really an interest or reason so to doe, of which reason himself onely can be the
<pb n="445" facs="tcp:58903:251"/>
warrantable Judge: which things because they are unsufferably unreasonable,
that pretence which inferrs such evils and such impieties must be also unsuffe<g ref="char:EOLhyphen"/>rable
and impossible.</p>
                     <p>I conclude therefore with this distinction.<note place="margin">13.</note> There is a proper dispensation,
that is, such a dispensation as supposes the obligation remaining upon that per<g ref="char:EOLhyphen"/>son
who is to be dispensed with: but no man or society of men can in this sense
dispense with any law of Christ. But there is a dispensation improperly so
called, which does not suppose a remanent obligation, and therefore pretends
not to take away any, but supposes onely a doubt remaining whether the law
does by Gods intention oblige or no? He that hath <hi>skill</hi> and <hi>authority,</hi> and <hi>rea<g ref="char:EOLhyphen"/>son</hi>
to declare that in such special cases God intended not to oblige the Con<g ref="char:EOLhyphen"/>science,
hath taken away the doubt, and made that to become lawful which
without such a declaration by reason of the remaining doubt was not so.
This is properly an interpretation; but because it hath the same effect upon
the man which the other hath directly upon the law, therefore by Divines
and Lawyers it is sometimes also called <hi>a Dispensation,</hi> but improperly.</p>
                     <p>But the other Consequent arising from the first observations which I
made upon this Rule is this;<note place="margin">14.</note> That as there is no necessity that there should be
any dispensation in the laws of Jesus Christ; so in those cases where there
may be an improper dispensation, that is, an interpretation or declaration that
the law in this case does not bind at all, no man must by way of equity or con<g ref="char:EOLhyphen"/>descention
and expedient appoint any thing that the law permits not, or declare
that a part of the law may be us'd; when the whole is in the institution. For
example; The Norvegians complaind that they could very seldom get any
wine into their Country, and when it did come it was almost vinegar or vappe;
He who had reason and authority might then certainly have declar'd that the
precept of consecrating did not oblige, when they had not matter with which
they were to doe it; because no good law obliges to impossibilities, But
then no man of his own head might interpose an expedient, and say, though
you have no wine to consecrate and celebrate with all, yet you may doe it in
ale or meath; nor yet might he warrant an imperfect consecration and allow
that the Priests should celebrate with bread onely. The reason is because all
institutions Sacramental, and positive laws depend not upon the Nature of
the things themselves, according to the extension or diminution of which our
obedience might be measur'd; but they depend wholly on the will of the
lawgiver, and the will of the Supreme, being actually limited to this specifi<g ref="char:EOLhyphen"/>cation,
this manner, this matter, this institution; whatsoever comes besides
it hath no foundation in the will of the Legislator, and therefore can have no
warrant or authority. That it be obeyed or not obeyed is all the question and
all the variety. If it can be obeyed it must, if it cannot it must be let alone.
The right Mother that appeard before <hi>Solomon</hi> demanded her child; half of
her own was offered; but that was not it which would doe her any good,
neither would she have been pleas'd with a whole bolster of goats hair, or with
a perfect image of her child, or with a living lamb; it was her own child which
she demanded: So it is in the Divine institution, whatsoever God wills that
we must attend to: and therefore whatsoever depends upon a divine law or
institution, whatsoever is appointed instrumental to the signification of a my<g ref="char:EOLhyphen"/>stery,
or to the collation of a grace or a power, he that does anything of his
own head, either must be a despiser of Gods will, or must supose himself
<pb n="446" facs="tcp:58903:252"/>
the author of a grace, or else to doe nothing at all in what he does, because
all his obedience and all the blessing of his obedience depends upon the will of
God which ought alwaies to be obeyed when it can, and when it cannot, no<g ref="char:EOLhyphen"/>thing
can supply it because the reason of it cannot be understood, for who
can tell why God would have the death of his Son celebrated by Bread and
wine? why by both the Symbols? why by such? and therefore no proportions
can be made, and if they could, yet they cannot be warranted.</p>
                     <p>This Rule is not onely to be understood concerning the express positive
laws and institutions of our Blessed Lawgiver,<note place="margin">15.</note> but even those which are inclu<g ref="char:EOLhyphen"/>ded
within those laws, or are necessary appendages to those institutions are
to be obeyed, and can neither be dispensed withall nor diverted by any supple<g ref="char:EOLhyphen"/>tory
or expedient. Thus to the law of representing and commemorating the
death of our dearest Lord by the celebration of his last supper it is necessarily
appendant and included that we should com worthily prepared, lest that which
is holy be given to Dogs, and holy things be handled unholily. In this case there
can be no dispensation; and although the Curates of souls having the key of
knowledge and understanding to divide the word of God rightly, have power
and warrant to tell what measures and degrees of preparation are just and holy;
yet they cannot give any dispensation in any just and requir'd degree, nor by
their sentence effect that a less degree then God requires in the appendant law
can be sufficient to any man, neither can any human authority commute a duty
that God requires; and when he demands repentance no man can dispense with
him that is to communicate, or give him leave to give almes in stead of repen<g ref="char:EOLhyphen"/>tance.
But if in the duty of preparation God had involv'd the duty of confessi<g ref="char:EOLhyphen"/>on
to a Priest: this might have in some cases been wholly let alone: that is, in
case there were no Priest to be had but one, who were to consecrate and who
could not attend to hear my confessions: And the reason is, because in case of
the destitution of any material or necessary constituent part of the duty, there
is no need of equity or interpretation, because the subject matter of degrees
of heightnings and diminutions being taken away, there can be no considerati<g ref="char:EOLhyphen"/>on
of the manner or the degrees superstructed. When any condition intrinse<g ref="char:EOLhyphen"/>cally
and in the nature of the thing included in an affirmative precept is de<g ref="char:EOLhyphen"/>stituent
or wanting, the duty it self falls without interpretation.</p>
                     <p>Lastly;<note place="margin">16.</note> This Rule is to be understood also much more concerning the
Negative precepts of the Religion: because there can be no hindrance to
the duties of a Negative precept; every man can let any thing alone; and
he cannot be forc'd from his silence or his omission; for he can sit still
and die; violence can hinder an action, but cannot effect it or express
it: and therefore here is no place for interpretation much less for dispensation,
neither can it be supplyed by any action or by any omission whatsoever.</p>
                     <p>But upon the matter of this second Consequent remark'd above
[numb. 14.]<note place="margin">17.</note> it is to be inquired whether in no case a supply of duty is to be
made? or whether or no it is not better in some cases, that is, when we
are hindred from doing the duty commanded, to doe something when we
cannot doe all; or are we tyed to doe nothing when we are innocently hin<g ref="char:EOLhyphen"/>dred
from doing of the whole duty?</p>
                     <p>
                        <hi>
                           <pb n="447" facs="tcp:58903:252"/>
When we may be admitted to doe part of our duty, and when to
supply it by something else.</hi>
                     </p>
                     <p>1. Negative precepts have no parts of duty,<note place="margin">17.</note> no degrees of obedience,
but consist in a Mathematical point; or rather in that which is not so much;
for it consists in that which can neither be numbred nor weighed. No man
can goe a step from the severest measure of a Negative Commandement; if a
man doe but in his thought goe against it, or in one single instance doe what is
forbidden, or but begin to doe it, he is intirely guilty. He that breaks one is
guilty of all said S. <hi>James;</hi> it is meant of negative precepts; and then it is
true in every sense relating to every single precept, and to the whole body of
the Negative Commandements. He that breaks one hath broken the band of
all; and he that does sin in any instance or imaginary degree against a Nega<g ref="char:EOLhyphen"/>tive
hath done the whole sin that is in that Commandement forbidden.</p>
                     <p>2. All positive precepts that depend upon the meer will of the Lawgiver
(as I have already discourted) admit no degrees,<note place="margin">18.</note> nor suppletory and commu<g ref="char:EOLhyphen"/>tation:
because in such laws we see nothing beyond the words of the law and
the first meaning and the nam'd instance; and therefore it is that <hi>in individuo</hi>
which God points at; it is that in which he will make the tryal of our obedi<g ref="char:EOLhyphen"/>ence;
it is that in which he will so perfectly be obeyed, that he will not be
disputed with, or inquir'd of why and how, but just according to the measures
there set down; <hi>So, and no more, and no less, and no otherwise.</hi> For <hi>when the
will of the Lawgiver is all the reason, the first instance of the law is all the mea<g ref="char:EOLhyphen"/>sures,</hi>
and there can be no product but what is just set down. No parity of
reason can inferre any thing else, because there is no reason but the will of
God; to which nothing can be equal, because his will can be but one. If
any man should argue thus; Christ hath commanded us to celebrate his death
by blessing and communicating in bread and wine; this being plainly his pur<g ref="char:EOLhyphen"/>pose;
and I finding it impossible to get wine, consider that water came out of his
side as well as bloud, and therefore water will represent his death as well as
wine; for wine is but like bloud, and water is more then like it self; and there<g ref="char:EOLhyphen"/>fore
I obey him better, when in the letter I cannot obey him; He I say that
should argue thus, takes wrong measures; for it is not here to be inquired which
is most agreeable to our reason, but which complies with Gods will, for that
is all the reason we are to inquire after.</p>
                     <p>3. In natural laws and obligations depending upon true and proper rea<g ref="char:EOLhyphen"/>son
drawn from the nature of things;<note place="margin">19.</note> there we must doe what we can, and
if we cannot doe all that is at first intended, yet it is secondarily intended that
we should doe what we can. The reason is, because there is a natural cause
of the duty, which like the light of the Sun is communicated in several de<g ref="char:EOLhyphen"/>grees
according as it can be received; and therefore whatever partakes of
that reason is also a duty of that Commandement. Thus it is a duty of natu<g ref="char:EOLhyphen"/>ral
and essential religion that we should worship God with all the faculties of
the soul, with all the actions of the body, with all the degrees of intension,
with all the instances and parts of extension: For God is the Lord of all; he
expects all, and he deserves all, and will reward all; and every thing is design'd
in order to his service and glorification: and therefore every part of all this
is equally commanded, equally requir'd; and is Symbolical to the whole;
and therefore in the impossibility of the performance of any one, the whole
<pb n="448" facs="tcp:58903:253"/>
Commandement is equally promoted by another; and when we cannot bow
the knee yet we can incline the head, and when we cannot give, we can for<g ref="char:EOLhyphen"/>give,
and if we have not silver and gold, we can pay them in prayers
and blessings; and if we cannot goe with our Brother two mile, we can (it
may be) go one, or one half; let us goe as farre as we can, and doe all that
is in our power and in our circumstances. For since our duty here can grow,
and every instance does according to its portion doe in its own time and mea<g ref="char:EOLhyphen"/>sures
the whole work of the Commandement, and God accepts us in every
step of the progression, that is, in all degrees; for he breaks not the bruised reed,
and he quenches not the smoaking flaxe; it follows, that though we are not
tyed to doe all, even that which is beyond our powers; yet we must doe what
we can towards it; even a part of the Commandement may in such cases be
accepted for our whole duty.</p>
                     <p>4. In external actions which are instances of a Natural or Moral duty,<note place="margin">20.</note>
if there be any variety, one may supply the other; if there be but one, it can
be supplyed by the internal onely and spiritual. But the internal can never be
hindred, and can never be chang'd or supplyed by any thing else; it is capa<g ref="char:EOLhyphen"/>ble
of no suppletory, but of degrees it is: and if we cannot love God as well
as <hi>Mary Magdalen</hi> lov'd him, let us love him so as to obey him alwaies, and so
as to superadded degrees of increment to our love, and to our obedience; but
for this or that expression it must be as it can, and when it can, it must be this
or another; but if it can be neither upon the hand, it must be all that is inten<g ref="char:EOLhyphen"/>ded
upon the heart; and as the body helps the Soul in the ministeries of her
duty; so the Soul supplies the body in the essentialities of it and indispen<g ref="char:EOLhyphen"/>sable
obedience.</p>
                  </div>
                  <div n="12" type="rule">
                     <head>RULE 12. Not every thing that is in the Sermons and Doctrine
of Jesus Christ was intended to bind as a law or
Commandement.</head>
                     <p>
                        <hi>EVery thing that is spoken by our Blessed Saviour is to be plac'd in that order of
things where himself was pleas'd to put it.</hi>
                        <note place="margin">1.</note> Whatsoever he propounded to
us under the Sanction of love, and by the invitation of a great reward, that is
so to be understood as that it may not become a snare, by being supposed in
all cases, and to all persons to be a law. For laws are established by fear and
love too, that is, by p<gap reason="illegible" resp="#TECH" extent="1 letter">
                           <desc>•</desc>
                        </gap>om<gap reason="illegible" resp="#TECH" extent="1 letter">
                           <desc>•</desc>
                        </gap>ses and threatnings; and nothing is to be esteemed
a law of Christ but such things which if we doe not observe we shall die, or
incurre the Divine displeasure in any instance or degree. But there are some
things in the Sermons of Christ which are recommended to the diligence and
love of men; such things whether men must tend and grow. Thus it is re<g ref="char:EOLhyphen"/>quired
that we should love God with all our heart; which is indeed a Comman<g ref="char:EOLhyphen"/>dement
and the first and the chiefest: but because it hath an infinite sense, and
is capable of degrees beyond all the actualit<gap reason="illegible" resp="#TECH" extent="1 letter">
                           <desc>•</desc>
                        </gap>es of any man whatsoever, there<g ref="char:EOLhyphen"/>fore
it is incouraged and invited further by a reward that will be greater then
all the work that any man can doe. But yet there is also the <hi>minimum morale</hi>
in it, that is, that degree of love and duty, less then which is by interpretation
<pb n="449" facs="tcp:58903:253"/>
no love, no duty at all; and that is, that we so love God, that <hi rend="sup">1.</hi> we love nothing
against him, <hi rend="sup">2.</hi> that we love nothing more then him, <hi rend="sup">3.</hi> that we love no<g ref="char:EOLhyphen"/>thing
equal to him, <hi rend="sup">4.</hi> that we love nothing disparately and distinctly from him,
but in subordination to him; that is, so as to be apt to yeeld and submit to his
love, and comply with our duty. Now then, here must this law begin, it is a
Commandement to all persons, and at all times to do thus much; and this being
a general law of which all other laws are but instances and specifications, the
same thing is in all the particular laws which is in the General: there is in
every one of them a <hi>minimum morale,</hi> a <hi>legal sense of duty,</hi> which if we preva<g ref="char:EOLhyphen"/>ricate
or goe less then it, we are transgressours: but then there is also <hi>a latitude
of duty,</hi> or a sense of Love and Evangelical increase, which is a further pursu<g ref="char:EOLhyphen"/>ance
of the duty of the Commandement; but is not directly <hi>the law,</hi> but <hi>the
love;</hi> to which God hath appointed no measures of greatness but hath invited
as forward as the man can goe.</p>
                     <p>For it is considerable that since Negative precepts include their affirma<g ref="char:EOLhyphen"/>tives,<note place="margin">2.</note>
and Affirmatives also doe inferre the Negatives (as I have already discour<g ref="char:EOLhyphen"/>sed)
and yet they have differing measures and proportions, and that the form
of words and <hi>signes Negative</hi> or <hi>Affirmative,</hi> are not the sufficient indication
of the precepts, we can best be instructed by this measure; <hi>There is in every
Commandement a negative part and an affirmative:</hi> The Negative is the first,
the least and the lowest sense of the law and the degree of duty; and this is
obligatory to all persons and cannot be lessened by excuse, or hindred by dis<g ref="char:EOLhyphen"/>ability,
or excus'd by ignorance, neither is it to stay its time or to wait for cir<g ref="char:EOLhyphen"/>cumstances;
but obliges all men indifferently. I doe not say that this is al<g ref="char:EOLhyphen"/>waies
expressed by negative forms of law or language, but is by interpretation
Negative; it operates or obliges as doe the Negatives. For when we are com<g ref="char:EOLhyphen"/>manded
to love our Neighbour as our self; the least measure of this law, the
legal or Negative part of it is, that we should not doe him injury: that we shall
not doe to him, what we would not have done to our selves. He that does not
in this sense love his Neighbour as himself, hath broken the Commandement;
he hath done that which he should not doe; he hath done that which he cannot
justifie; he hath done that which was forbidden: for every going less then
the first sense of the law, then the lowest sense of duty, is the commission of a
sin, a doing against a prohibition.</p>
                     <p>But then there are further degrees of duty then the first and lowest;<note place="margin">3.</note>
which are the affirmative measures, that is, a doing excellent actions and
instances of the Commandements, a doing the Commandement with
love and excellency, a progression in the exercise and methods of that piety;
the degrees of which because they are affirmative therefore thy oblige but in
certain circumstances; and are under no law absolutely, but they grow in the
face of the Sun, and pass on to perfection by heat and light, by love and zeal,
by hope and by reward.</p>
                     <p>Now concerning these degrees it is that I affirme that every thing is to be
plac'd in that order of things where Christ left it:<note place="margin">4.</note> and he that measures other
men by his own stature, and exacts of children the wisedome of old men, and
requires of babes in Christ the strengths and degrees of experienc'd Prelates,
he addes to the laws of Christ, that is, he ties where Christ hath not tyed; he
condemnes where Christ does not condemne. It is not a law that every man
should in all the stages of his progression be equally perfect, the nature of
things hath several stages, and passes by steps to the varieties of glory. For
<pb n="450" facs="tcp:58903:254"/>
so laws and Counsels differ, as first and last, as beginning and perfection, as
reward and punishment, as that which is simply necessary, and that which is
highly advantagious; they differ not in their whole kind; for they are
onely the differing degrees of the same duty. He that does a Counsel Evan<g ref="char:EOLhyphen"/>gelical
does not do more then his duty, but does his duty better: He that does
it in a less degree shall have a less reward, but he shall not perish if he does obey
the just and prime or least measures of the law.</p>
                     <p>Let no man therefore impose upon his brother the heights and summities
of perfection,<note place="margin">5.</note> under pain of damnation or any fearful Evangelical threatning;
because these are to be invited onely by love and reward, and by promises only
are bound upon us, not by threatnings. The want of the observing of this,
hath caus'd impertinent disputes and animosities in men, and great misunder<g ref="char:EOLhyphen"/>standings
in this question. For it is a great error to think that everything spoken
in Christs Sermons is a law, or that all the progressions and degrees of Christi<g ref="char:EOLhyphen"/>an
duty are bound upon us by penalties as all laws are. The Commandements
are made laws to us wholly by threatnings; for when we shall receive a crown
of righteousness in heaven, that is, by way of gift, meerly gratuitous, but the
pains of the damned are due to them by their merit and by the measures of
justice, and therefore it is remarkable that our Blessed Saviour said, <hi>when ye
have done all that ye are commanded, ye are unprofitable servants;</hi> that is, the
strict measures of the laws or the Commandements given to you are such
which if ye doe not observe ye shall die according to the sentence of the law;
but if ye doe, <hi>ye are</hi> yet <hi>unprofitable;</hi> ye have not deserved the good things
are laid up for loving Souls: but therefore towards that we must superadde the
degrees of progression and growth in grace, the emanations of love and zeal,
the methods of perfection and imitation of Christ. For by the first mea<g ref="char:EOLhyphen"/>sures
we escape hell; but by the progressions of love onely and the increase of
duty, through the mercies of God in Christ we arrive at heaven. Not that he
that escapes hell may in any case fail of heaven; but that whosoever does obey
the Commandement in the first and least sense, will in his proportion grow on
towards perfection. For <hi>he fails in the first, and does not doe that worthily, who if
he have time does not goe on to the second.</hi>
                     </p>
                     <p>But yet neither are there Counsels of perfection left wholly to our liberty
so as that they have nothing of the law in them;<note place="margin">6.</note> for they are pursuances of the
law; and of the same nature, though not directly of the same necessity; but
collaterally and accidentally they are. For although God follows the course
and nature of things, and therefore does not disallow any state of duty that is
within his own measures; because there must be a first before there can be a se<g ref="char:EOLhyphen"/>cond,
and the beginning must be esteemed good or else we ought not to pursue
it and make it more in the same kind; yet because God is pleased to observe the
order of nature in his graciousness, we must doe so too in the measures of our
duty; Nature must begin imperfectly, and God is pleas'd with it, because
himself hath so order'd it; but the nature of things that begin and are not per<g ref="char:EOLhyphen"/>fect,
cannot stand still. God is pleas'd well enough with the least or the Ne<g ref="char:EOLhyphen"/>gative
measure of the law; because that is the first or the beginning of all; but
we must not alwaies be beginning but pass on to perfection, and it is perfecti<g ref="char:EOLhyphen"/>on
all the way, because it is the proper and the natural method of the grace
to be growing: every degree of growth is not the perfection of glory; but
neither is it the absolute perfection of grace, but it is the relative perfection of
it: justas corne and flowers are perfectly what they ought to be when in their
<pb n="451" facs="tcp:58903:254"/>
several moneths they are arrived to their proper stages: but if they doe
not still grow till they be fit for harvest, they wither and die and are good
for nothing: he that does not goe from strength to strength, from vertue to
vertue, from one degree of grace to another, he is not at all in the me<g ref="char:EOLhyphen"/>thods
of life, but enters into the portion of thornes, and wither'd flowers, fit
for excision and for burning.</p>
                     <p>Therefore 1. No man must in the keeping the Commandements of
Christ set himself a limit of duty;<note place="margin">7.</note> 
                        <hi>hither will I come and no further:</hi> for
the tree that does not grow is not alive, unless it already have all the growth it
can have: and there is in these things thus much of a law: Evangelical
counsels are thus far necessary, that although in them, that is, in the degrees
of duty, there are no certain measures describ'd; yet we are oblig'd to pro<g ref="char:EOLhyphen"/>ceed
from beginnings to perfection.</p>
                     <p>2. Although every man must impose upon himself this care that he so
doe his duty that he doe adde new degrees to every grace;<note place="margin">8.</note> yet he is not to
be prejudic'd by any man else, nor sentenc'd by determin'd measures of another
mans appointment: God hath nam'd none, but intends all; and therefore
we cannot give certain sentence upon our Brother since God hath describ'd no
measures; but intends <hi>that all,</hi> whither no man can perfectly arrive here; and
therefore it is supplyed by God hereafter.</p>
                     <p>2. But the Rule is to be understood in great instances as well as in great
degrees of duty;<note place="margin">9.</note> For there are in the Sermons of Christ some instances of
duties which although they are pursuances of laws and duty, yet in their own
material, natural being are not laws, but both in the degree implyed, and in
the instance expressed are Councels Evangelical; to which we are invited by
great rewards, but not oblig'd to them under the proper penalties of the law.
Such are making our selves Eunuchs for the Kingdome of heaven, selling all
and giving it to the poor. The duties and laws here signified are chastity, cha<g ref="char:EOLhyphen"/>rity,
contempt of the world, zeal for the propagation of the Gospel: The ver<g ref="char:EOLhyphen"/>tues
themselves are direct duties and under laws and punishment, but that we
be charitable to the degree of giving all away, or that we act our chastity by a
perpetual coelibate are not laws; but for the outward expression we are wholly
at our liberty; and for the degree of the inward grace, we are to be still pressing
forwards towards it, we being obliged to doe so by the nature of the thing, by
the excellency of the reward, by the exhortations of the Gospel, by the exam<g ref="char:EOLhyphen"/>ple
of good men, by our love to God, by our desires of happiness, and by the
degrees of glory. Thus S. <hi>Paul</hi> took no wages of the Corinthian Churches; it
was an act of an excellent prudence, and great charity, but it was not by the
force of a general law, for no man else was bound to it, neither was he; for he
did not do so to other Churches; but he pursued two or three graces to excelent
measures and degrees; he became exemplary to others, useful to that Church,
and did advantage the affairs of Religion: and though possibly he might, and
so may we, by some concurring circumstances be pointed out to this very in<g ref="char:EOLhyphen"/>stance
and signification of his duty, yet this very instance, and all of the same
nature are Councels Evangelical; that is, not imposed upon us by a law, and un<g ref="char:EOLhyphen"/>der
a threatning; but left to our liberty that we may express freely, what
we are necessarily oblig'd to doe in the kind, and to pursue forwards to degrees
of perfection.</p>
                     <p>
                        <pb n="452" facs="tcp:58903:255"/>
These therefore are the Characteristick notes and measures to distinguish
a Counsel Evangelical from the laws and Commandements of Jesus Christ.<note place="margin">10.</note>
                     </p>
                     <p>
                        <hi>The notes of difference between Counsels and Commandements Evangelical.</hi>
                     </p>
                     <p>1. Where there is no Negative expressed not involved, there it cannot
be a law; but it is a Counsel Evangelical. For in every law there is a degree
of duty so necessary, that every thing less then it, is a direct act or state of sin,
and therefore if the law be affirmative the Negative is included, and is the san<g ref="char:EOLhyphen"/>ction
of the main duty. Honour thy Father and Mother, that is a law: for
the lowest step of the duty there enjoined is bound upon us by this Negative,
<hi>thou shalt not curse thy Father or Mother;</hi> or, thou shalt not deny to give them
maintenance. Thou shalt not dishonour them, not slight, not undervalue, not
reproach, not upbraid, not be rude or disobedient to them: when ever such a
Negative is included, that is the indication of a law. But in Counsels Evange<g ref="char:EOLhyphen"/>lical,
there is nothing but what is affirmative. There are some who make
themselves Eunuchs for the kingdome of heaven: that is the intimation of a
religious act or state: but the Sanction of it is nothing that is negative, but
this onely; <hi>He that hath ears to hear let him hear,</hi> and <hi>Qui potest capere capiat:
He that can receive it let him receive it:</hi> and <hi>he that hath power over his will, and
hath so decreed in his heart, does well.</hi> In Commandements it is [He that does
the duty,<note place="margin">1. Cor. 7.</note> does well; He that does not, does ill:] but in Counsels it is; [He
that does not, may doe well: but he that does, does better:] as S. <hi>Paul</hi> dis<g ref="char:EOLhyphen"/>courses
in the question of marriage; in which instance it is observable that the
comparison of <hi>Coelibate</hi> and <hi>marriage</hi> is not in the question of chastity, but in
the question of religion, one is not a better chastity then the other. Mar<g ref="char:EOLhyphen"/>riage
is <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap> an undefiled state; and nothing can be cleaner then
that which is not at all unclean; but the advantages of coelibate above marri<g ref="char:EOLhyphen"/>age
as they are accidental and contingent, so they are relative to times and per<g ref="char:EOLhyphen"/>sons
and states, and external ministeries; For to be made an <hi>Eunuch for the
Kingdom of heaven,</hi> is the same that S. <hi>Paul</hi> means by, <hi>the unmarryed careth for
the things of the Lord;</hi> that is, in these times of trouble and persecution, they
who are not entangled in the affairs of a houshold, can better travail from
place to place in the ministeries of the Gospel, they can better attend to the
present necessities of the Church, which are called <hi>the things of the Lord;</hi> or
the affairs of <hi>the Kingdome of heaven:</hi> but at no hand does it mean that the
state of single life is of it self a Counsel Evangelical, or a further degree of
chastity; but of an advantageous ministery to the propagation of the Gospel.
But be it so, or be it otherwise; yet it is a Counsel and no law, because it hath
no Negative part in its constitution, or next appendage.</p>
                     <p>2. When the action or state is propounded to us onely upon the account
of reward,<note place="margin">11.</note> and there is no penalty annexed, then it is a Counsel and no law: for
there is no legislative power where there is no coercitive; and it is but a pre<g ref="char:EOLhyphen"/>carious
Government, where the lawgiver cannot make the Subject either
doe good or suffer evil: and therefore the <hi>Jus gladii</hi> and the <hi>merum Impe<g ref="char:EOLhyphen"/>rium</hi>
are all one: and he that makes a law and does not compell the involunta<g ref="char:EOLhyphen"/>ry
does but petition the Subject to obey, and must be content he shall doe it
when he hath a mind to it. But therefore as soon as men made laws, and liv'd
in communities, they made swords to coerce the private, and warres to re<g ref="char:EOLhyphen"/>strain
the publick irregularities of the world.
<q>
                           <pb n="453" facs="tcp:58903:255"/>
                           <l>—dehinc absistere bello,</l>
                           <l>Oppida coeperunt munire, &amp; condere leges,</l>
                           <l>Nè quis fur esset, neu latro, neu quis adulter.</l>
                        </q>
For it was impossible to preserve justice, or to defend the innocent, or to make
obedience to laws if the Consuls lay aside their rods and axes: and so it is in the
Divine laws; the Divine power and the Divine wisedome makes the Divine
laws, and fear is the first Sanction of them: it is <hi>the beginning of all our wise<g ref="char:EOLhyphen"/>dome;</hi>
and all humane power being an imitation of and emanation from the Di<g ref="char:EOLhyphen"/>vine
power is in the summe of affairs nothing but this, <hi>habere potestatem gladii
ad animadvertendum in facinorosos homines,</hi> and therefore we conclude it to be
no law, to the breaking of which no penalty is annexed: and therefore it was
free to S. <hi>Paul</hi> to take or not to take wages of the Corinthian Church; for if
he had taken it, it had been nothing but the making of <hi>his glorying void;</hi> that
is, he could not have had the pleasure of obliging them by an uncommanded
instance and act of kindness. <hi>Hope</hi> and <hi>reward</hi> is the endearment of <hi>Counsels;
fear</hi> and <hi>punishment</hi> are the ligatures of <hi>laws.</hi>
                     </p>
                     <p>3. <hi>In Counsels sometimes the contrary is very evil:</hi>
                        <note place="margin">12.</note> Thus to be industrious
and holy, zealous and prudent in the offices Ecclesiastical, and to take holy
orders in the daies of persecution and discouragement, is an instance of love
(I doubt not) very pleasing and acceptable to God, and yet he that suffers
himself to be discouraged from that particular employment, and to divert to
some other instance in which he may well serve God, may remain very inno<g ref="char:EOLhyphen"/>cent
or excusable: But those in the Primitive Church who so fear'd the per<g ref="char:EOLhyphen"/>secution
or the imployment that they cut off their thumbs or ears to make
themselves canonically incapable, were highly culpable; because he that does
an act contrary to the design of a Counsel Evangelical, is an enemy to the
vertue and the grace of the intendment: He that onely lets it alone does not
indeed venture for the greater reward, but he may pursue the same vertue in
another instance or in a less degree, but yet so as may be accepted. He
that is diverted by his fear and danger, and dares not venture, hath a pityable
but in many cases an innocent infirmity: but he that does against it, hath an
inexcusable passion; and is so much more blameable then the other, by how
much a fierce enemy is worse then a cold friend, or a Neuter more tolerable
then he that stands in open hostility and defiance. <hi>But in laws, not onely the
contrary, but even the privative is also criminal;</hi> for not onely he that oppresses
the poor is guilty of the breach of charity, but he that does not releeve them;
because there is in laws an affirmative and a negative part; and both of them
have obligation; so that in laws both omissions and commissions are sins, but
where nothing is faulty but a contrariety or hostility, and that the omission is
innocent, there it is only a Counsel.</p>
                     <p>4. <hi>In internal actions there is properly and directly no Counsel,</hi>
                        <note place="margin">13.</note> but a law one<g ref="char:EOLhyphen"/>ly:
Counsels of perfections are commonly <hi>the great and more advantageous
prosecutions</hi> of an internal grace or vertue: but the inward cannot be hindred
by any thing from without, and therefore is capable of all increase and all
instances onely upon the account of love; the greatest degree of which is
not greater then the Commandement: and yet the least degree if it be sincere
is even with the Commandement: because it is according to the capacity and
greatness of the Man. But the inward grace in all its degrees is under a law or
Commandement, not that the highest is necessary at all times, and to every
person; but that we put no positive barrs or periods to it at any time, but
<pb n="454" facs="tcp:58903:256"/>
love as much as we can to day, and as much as we can to morrow, and still the
duty and the words to have a current sense: and [<hi>as much as we can</hi>] must
signifie still more and more; now the using of direct and indirect min<gap reason="illegible" resp="#TECH" extent="1 letter">
                           <desc>•</desc>
                        </gap>steries
for the increasing of the inward grace, this I say because it hath in it materia<g ref="char:EOLhyphen"/>lity
and an external part, and is directly subjicible to the proper Empire of the
will, this may be the matter of Counsel in the more eminent and zealous in<g ref="char:EOLhyphen"/>stances,
but the inward grace directly is not. To be just consists in an indivi<g ref="char:EOLhyphen"/>sible
point, and therefore it is alwaies a law, but if to signifie and act our ju<g ref="char:EOLhyphen"/>stice
we give that which is due, and a great deal more to make it quite sure,
this is the matter of Counsel; for it is the external prosecution of the inward
grace, and although <hi>this</hi> hath no degrees, yet <hi>that</hi> hath; and therefore <hi>that</hi>
hath liberty and choice, whereas in <hi>this</hi> there is nothing but duty and necessity.</p>
                  </div>
                  <div n="13" type="rule">
                     <head>RULE 13. Some things may be used in the service of God
which are not commanded in any Law, nor
explicitely commended in any doctrine of Jesus
Christ.</head>
                     <p>THIS Rule is intended to regulate the Conscience in all those questi<g ref="char:EOLhyphen"/>ons<note place="margin">1.</note>
which scrupulous and superstitious people make in their inquiries for
warranties from Scripture in every action they doe; and in the use of such
actions in the service of God, for which particulars because they have no word,
they think they have no warrant, and that the actions are superstitious. The in<g ref="char:EOLhyphen"/>quiry
then hath two parts;</p>
                     <p>1. Whether we are to require from Scripture a warrant for every action we
doe, <hi>in common life?</hi>
                     </p>
                     <p>2. <hi>Whether we may not doe or use any thing in religion,</hi> concerning which
we have no express word in Scripture, and no Commandement at all?</p>
                     <p>1. Concerning the first the inquiry is but short, because there is no difficulty
it but what is made by ignorance and jealousie; and it can be answer'd and
made evident by common sense and the perpetual experience and the Natural
necessity of things. For the laws of Jesus Christ were intended to regulate
humane actions in the great lines of Religion, justice and sobriety, in which as
there are infinite particulars which are to be conducted by reason and by analo<g ref="char:EOLhyphen"/>gy
to the laws and Rules given by Jesus Christ; so it is certain that as the ge<g ref="char:EOLhyphen"/>neral
lines and rules are to be understood by reason how far they doe oblige,
so by the same we can know where they doe not. But we shall quickly come
to issue in this affair. For if for every thing there is a law or an advice; let
them that think so find it out and follow it. If there be not for everything such
provision, their own needs will yet become their lawgiver and force them to do
it without a law. Whether a man shall speak French or English? whe<g ref="char:EOLhyphen"/>ther
baptised persons are to be dipt all over the body, or will it suffice that the
head be plunged? whether thrice or once? whether in water of the spring,
or the water of the pool? whether a man shall marry, or abstain? whether
<pb n="455" facs="tcp:58903:256"/>
eat flesh or herbs; choose <hi>Titius,</hi> or <hi>Caius</hi> for my friend; be a Scholar or a
Merchant; a Physician or a Lawyer; drink wine or ale; take Physick for
prevention, or let it alone; give to his Servant a great pension, or a compe<g ref="char:EOLhyphen"/>tent;
what can the Holy Scriptures have to doe with any thing of these, or
any thing of like Nature and indifferency?</p>
                     <p>For by nature all things are indulged to our use and liberty;<note place="margin">2.</note> and they so
remain till God by a supervening law hath made restraints in some instances
to become matter of obedience to him, and of order and usefulness to the
world; but therefore where the law does not restrain, we are still free as the
Elements, and may move as freely and indifferently as the atomes in the eye of
the Sun. * And there is infinite difference between law and lawful, indeed
there is nothing that is a law to our Consciences but what is bound upon us by
God, and consign'd in holy Scripture (as I shall in the next Rule demon<g ref="char:EOLhyphen"/>strate)
but therefore every thing else is permitted, or lawful, that is, not by
law restrain'd: liberty is before restraint; and till the fetters are put upon us
we are under no law and no necessity, but what is natural. * But if there can
be any natural necessities, we cannot choose but obey them, and for these
there needs no law or warrant from Scripture. No Master needs to tell us
or to give us signs to know when we are hungry or athirst; and there can be as
little need that a lawgiver should give us a comand to eat when we are in great
necessity so to doe. * <hi>Every thing is to be permitted to its own cause and pro<g ref="char:EOLhyphen"/>per
principle; Nature</hi> and her needs are sufficient to cause us to do that which is
for her preservation; <hi>right reason</hi> and <hi>experience</hi> are competent warrant and in<g ref="char:EOLhyphen"/>struction
to conduct our affairs <hi>of liberty</hi> and common life; but the matter and
design of laws is <hi>Honestè vivere, alterum non laedere, suum cui<expan>
                              <am>
                                 <g ref="char:abque"/>
                              </am>
                              <ex>que</ex>
                           </expan> tribuere;</hi> or as it
is more perfectly describ'd by the Apostle, that we should <hi>live a godly, a righte<g ref="char:EOLhyphen"/>ous,
a sober life;</hi> and beyond these there needs no law: when nature is suffici<g ref="char:EOLhyphen"/>ent
Jesus Christ does not interpose, and unlesse it be where reason is defective
or violently abus'd, we cannot need laws of self-preservation, for that is the
sanction and great band and indearment of all laws: and therefore there is no
express law against self-murder in all the new Testament; onely it is there
and every where else by supposition; and the laws take care to forbid that, as
they take care of fools and madmen, men that have no use or benefit of their
reason or of their natural necessities and inclinations must be taken under the
protection of others; but else when a man is in his wits, or in his reason, he
is defended in many things, and instructed in more without the help or need
of laws: nay it was need and reason that first introduced laws; for no law, but
necessity and right reason taught the first ages,<note place="margin">Juvenal. l. 5. Satyr. 15.</note>
                        <q>
                           <l>Dispersos trahere in populum, migrare vetusto</l>
                           <l>De nemore, &amp; proavis habitare, &amp; linquere sylvas,</l>
                           <l>Aedificare domos, laribus conjungere nostris</l>
                           <l>Tectum aliud, tutos vicino limine somnos</l>
                           <l>Ut collata daret fiducia. Protegere armis</l>
                           <l>Lapsum, aut ingenti nutantem vulnere civem.</l>
                           <l>Communi dare signa tuba, defendier iisdem</l>
                           <l>Turribus, atque una portarum clave teneri.</l>
                        </q>
to meet and dwell in communities, to make covenants and laws, to establish
equal measures, to doe benefit interchangeably, to drive away publick injuries
by common armes, to join houses that they may sleep more safe: and since
laws were not the first inducers of these great transactions, it is certain they
need not now to inforce them, or become our warrant to do that without
which we cannot be what we cannot chuse but desire to be.</p>
                     <p>
                        <pb n="456" facs="tcp:58903:257"/>
But if nothing were to be done but what we have Scripture for,<note place="margin">3.</note> either
commanding or commending, it were certain that with a less hyperbole then
S. <hi>John</hi> us'd, <hi>the world could not contain the book, which should be written;</hi> and yet
in such infinite numbers of laws and sentences no man could be directed com<g ref="char:EOLhyphen"/>petently
because his Rule and guide would be too big, and every man in the in<g ref="char:EOLhyphen"/>quiry
after lawful and unlawful would bejust so enlightned as he that must for
ever remain blind unless he take the Sun in his hand to search into all the cor<g ref="char:EOLhyphen"/>ners
of darkness, no candlestick would hold him, and no eye could use him.
But supposing that in all things we are to be guided by Scripture, then from
thence also let us inquire for a conduct or determination even in this inquiry;
<hi>whether we may not doe any thing without a warrant from Scripture?</hi> and the result
will be that if we must not doe any thing without the warrant of Scripture;
then we must not for every thing look in Scripture for a warrant; because
we have from Scripture sufficient instruction that we should not be so fool<g ref="char:EOLhyphen"/>ish
and importune as to require from thence a warrant for such things in which
we are by other instruments competently instructed, or left at perfect liberty.</p>
                     <p>Thus S. <hi>Paul</hi> affirmes,<note place="margin">4.</note> 
                        <hi>All things are lawful for me;</hi> he speaks of meats
and drinks, and things left in liberty concerning which because there is no law,
and if there had been one under <hi>Moses,</hi> it was taken away by Christ, it is cer<g ref="char:EOLhyphen"/>tain
that every thing was lawful, because there was no law forbidding it: and
when S. <hi>Paul</hi> said, <hi>This speak I, not the Lord;</hi> he that did according to that
speaking, did according to his own liberty, not according to the word of the
Lord; and S. <hi>Pauls</hi> saying in that manner is so far from being a warranty to
us from Christ; that because he said true, therefore we are certain he had no
warranty from Christ, nothing but his own reasonable conjecture. * But
when our Blessed Saviour said <hi>and why of your selves doe ye not judge what is
right?</hi> he plainly enough said that to our own reason and judgement many
things are permitted, which are not conducted by laws or express declara<g ref="char:EOLhyphen"/>tions
of God.</p>
                     <p>Adde to this that because it is certain in all Theology, that <hi>whatsoever
is not of faith is sin,</hi> that is, whatsoever is done against our actual persuasion be<g ref="char:EOLhyphen"/>comes
to us a sin, though of it self it were not; and that we can become a
law unto our selves, by vows and promises, and voluntary engagements and
opinions, it follows that those things which of themselves inferre no duty, and
have in them nothing but a collateral and accidental necessity, are permitted to
us to doe as we please, and are in their own nature indifferent, and may be so
also in use and exercise: and if we take that which is the less perfect part in a
Counsel Evangelical, it must needs be such a thing as is neither commanded
nor commended, for nothing of it is commanded at all; and that which is
commended is the more not the less perfect part; and yet that we may doe
that less perfect part, of which there is neither a Commandement, nor a com<g ref="char:EOLhyphen"/>mendation
but a permission only appears at large in S. <hi>Pauls</hi> discourse concern<g ref="char:EOLhyphen"/>ing
Virginity and Marriage 1 <hi>Corinth.</hi> 7. 6, 37. But a permission is nothing
but a not prohibiting, and that is lawful which is not unlawful, and eve<g ref="char:EOLhyphen"/>ry
thing may be done that is not forbidden: and there are very many
things which are not forbidden, nor commanded; and therefore they are
onely lawful and no more.</p>
                     <p>But the case in short is this;<note place="margin">5.</note> In Scripture there are many laws and pre<g ref="char:EOLhyphen"/>cepts
of holiness, there are many prohibitions and severe cautions against im<g ref="char:EOLhyphen"/>piety:
and there are many excellent measures of good and evil, of perfect
<pb n="457" facs="tcp:58903:257"/>
and imperfect: * whatsoever is <hi>good,</hi> we are oblig'd to pursue; * what<g ref="char:EOLhyphen"/>soever
is <hi>forbidden</hi> must be declin'd; * whatsoever is <hi>laudable</hi> must be
lov'd, and followed after. Now if all that we are to doe can come under
one of these measures, when we see it, there is nothing more for us to
doe but to conform our actions accordingly. But if there be many things
which cannot be fitted by these measures, and yet cannot be let alone; it
will be a kind of madnesse to stand still, and to be useless to our selves and
to all the world, because we have not a command or a warrant to legi<g ref="char:EOLhyphen"/>timate
an action which no Lawgiver ever made unlawful.</p>
                     <p>But this folly is not gone far abroad into the world;<note place="margin">6.</note> for the number of
mad-men is not many, though possibly the number of the very wise is less:
but that which is of difficulty is this,</p>
                     <p>Quest. <hi>Whether in matters of religion we have that liberty as in mat<g ref="char:EOLhyphen"/>ters
of common life?</hi> or whether is not every thing of religion determined
by the Lawes of Jesus Christ, or may we choose something to worship
God withall, concerning which he hath neither given us Commandement
or intimation of his pleasure?</p>
                     <p>
                        <hi>Of Will-Worship.</hi>
                     </p>
                     <p>
                        <hi>To this I answer by several Propositions.</hi>
                     </p>
                     <p>1. All favour is so wholly arbitrary,<note place="margin">7.</note> that whatsoever is an act of
favour, is also an effect of choice and perfectly voluntary. Since therefore
that God accepts any thing from us is not at all depending upon the merit
of the work, or the natural proportion of it to God, or that it can adde any
moments of felicity to him, it must be so wholly depending upon the will
of God that it must have its being and abiding onely from thence.<note place="margin">
                           <hi>S. August. de vera relig. c.</hi> 55. Non sit nobisre<g ref="char:EOLhyphen"/>ligio in phanta<g ref="char:EOLhyphen"/>smatibus nostris. Melius est enim qualecu<g ref="char:cmbAbbrStroke">̄</g>que ve<g ref="char:EOLhyphen"/>rum quam omne quicquid arbi<g ref="char:EOLhyphen"/>trio cogi potest. <hi>Lib.</hi> 1. <hi>de con<g ref="char:EOLhyphen"/>sens. Fvan<gap reason="illegible" resp="#TECH" extent="1 letter">
                                 <desc>•</desc>
                              </gap>. cap.</hi> 18.</note> He that
shall appoint with what God shall be worshipped, must appoint what that is
by which he shall be pleased; which because it is unreasonable to suppose, it
must follow that all the integral, constituent parts of religion, all the funda<g ref="char:EOLhyphen"/>mentals
and essentials of the Divine worship cannot be warranted to us by
nature, but are primarily communicated to us by revelation. <hi>Deum sic colere
oportet quomodo ipse se colendum praecepit,</hi> said S. <hi>Austin.</hi> Who can tell what
can please God, but God himself? for to be pleased, is to have something
that is agreeable to our wills and our desires: now of Gods will there can
be no signification but Gods word or declaration; and therefore by no<g ref="char:EOLhyphen"/>thing
can he be worship'd, but by what himself hath declar'd that he is well
pleas'd with: and therefore when he sent his Eternal Son into the world,
and he was to be the great Mediator between God and Man, the great
instrument of reconciling us to God, the Great Angel that was to present
all our prayers, the onely beloved by whom all that we were to doe would
be accepted, God was pleased with voices from Heaven and mighty de<g ref="char:EOLhyphen"/>monstrations
of the Spirit to tell all the world that <hi>by him</hi> he would be
reconcil'd, <hi>in him</hi> he would be worship'd, <hi>through him</hi> he would be invo<g ref="char:EOLhyphen"/>cated,
<hi>for his sake</hi> he would accept us, <hi>under him</hi> he would be obeyed,
<hi>in his instances</hi> and Commandments he would be lov'd and serv'd; saying,
<hi>This is my beloved Son in whom I am well pleased.</hi>
                     </p>
                     <p>
                        <pb n="458" facs="tcp:58903:258"/>
2. Now it matters not by what means God does convey the notices
of his pleasure;<note place="margin">8.</note> 
                        <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>, in sundry wayes and in sundry
manners God manifests his will unto the world: so we know it to be his
will, it matters not whether by nature or by revelation, by intuitive and
direct notices, or by argument or consequent deduction, by Scripture, or
by tradition, we come to know what he requires and what is good in his
eyes; onely we must not doe it of our own head. To worship God is an
act of obedience and of duty, and therefore must suppose a Commande<g ref="char:EOLhyphen"/>ment;
and is not of our choice, save onely that we must chuse to obey.
Of this God forewarn'd his people: He gave them a Law, and comman<g ref="char:EOLhyphen"/>ded
them to obey that intirely, without addition or diminution; neither
more nor less then it, [<hi>whatsoever I command you, observe to doe it; thou
shalt not adde thereto nor diminish from it</hi>] and again,<note place="margin">De<gap reason="illegible" resp="#TECH" extent="3 letters">
                              <desc>•••</desc>
                           </gap> 12. 32. Vers. 8.</note> [<hi>ye shall not doe after
all the things that we doe here this day, every man whatsoever is right in his
own eyes</hi>] that is, This is your Law that is given by God; make no lawes
to your selves or to one another, beyond the measures and limits of what I
have given you: nothing but this is to be the measure of your obedience
and of the Divine pleasure. So that in the Old Testament there is an
express prohibition of any worship of their own chusing; all is unlawful,
but what God hath chosen and declar'd.</p>
                     <p>3. In the New Testament we are still under the same charge;<note place="margin">9.</note> and
<gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap> or Will-worship is a word of an ill sound amongst Christi<g ref="char:EOLhyphen"/>ans
most generally, meaning thereby the same thing which God forbad in
Deuteronomy, <hi>viz.</hi> 
                        <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>, as the Lxx.
expresses it, when every man does that (not which God commands, or
loves) but which men upon their own fancies and inventions think good,
that <hi>which seems good in their own eyes,</hi>
                        <note place="margin">Matt. 15. 8, 9. Mark 7. 7.</note> or as our Blessed Saviour more fully,
<hi>teaching for doctrines the traditions, the injunctions or Commandements, of
Men:</hi> the instance declares the meaning. The Pharisees did use to wash
their hands before meat, cleanse the outside of cups and dishes, they wash'd
when they came from the judgment hall; and these they commanded men
to doe, saying that by such things God was worshipped and well pleas'd. So
that these two together, and indeed each of them severally, is will-worship in
the culpable sense. He that sayes <hi>an action which God hath not commanded
is of it self necessary,</hi> and he that sayes <hi>God is rightly worshipped by an act or
ceremony concerning which himself hath no way express'd his pleasure,</hi> is super<g ref="char:EOLhyphen"/>stitious,
or a will-worshipper. The first sins against charity; the second
against religion: The first sins directly against his neighbour; the second
against God: The first layes a snare for his neighbours foot; the second
cuts off a Dogs neck and presents it to God: The first is a violation of
Christian liberty; the other accuses Christs law of imperfection. So
that thus far we are certain, 1. That nothing is necessary but what is com<g ref="char:EOLhyphen"/>manded
by God. 2. Nothing is pleasing to God in religion that is meerly
of humane invention. 3. That the commandements of men cannot be<g ref="char:EOLhyphen"/>come
doctrines of God, that is, no direct parts of the religion, no rule or
measures of conscience.</p>
                     <p>But because there are many actions which are not under command,<note place="margin">10.</note> by
which God in all ages hath been served and delighted, and yet may as
truly be called <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap> or will-worship as any thing else, and the
name is general and indefinite, and may signifie a new religion, or a free
will-offering, an uncommanded general or an uncommanded particular,
<pb n="459" facs="tcp:58903:258"/>
that is, in a good sense, or in a bad, we must make a more particular sepa<g ref="char:EOLhyphen"/>ration
of one from the other, and not call every thing <hi>superstitious</hi> that is
in any sense a <hi>will-worship,</hi> but onely that which is really and distinctly
forbidden, not that which can be signified by such a word which some<g ref="char:EOLhyphen"/>times
means that which is laudable, sometimes that which is culpable <gap reason="illegible" resp="#TECH" extent="1 letter">
                           <desc>•</desc>
                        </gap>
Therefore,</p>
                     <p>
                        <hi>What Voluntary or Uncommanded actions are
Lawful or Commendable.</hi>
                     </p>
                     <p>1.<note place="margin">11.</note> 
                        <hi>Those things which men doe, or teach to be done by a probable inter<g ref="char:EOLhyphen"/>pretation
of what is doubtful or ambiguous, are not will-worship in the culpable
sense.</hi> God said to the Jewes that they should rest or keep a Sabbath
upon the seventh day. How far this rest was to be extended, was to be
taught and impressed not by the law, but by the interpretation of it; and
therefore when the Doctors of the Jewes had rationally and authorita<g ref="char:EOLhyphen"/>tively
determin'd how far a Sabbath-daies journey was to extend, they
who strictly would observe that measure which God describ'd not, but the
Doctors did interpret, all that while were not to be blam'd, or put off
with a <hi>quis requisivit? who hath requir'd these things at your hands?</hi>] for
they were all that while in the pursuance and in the understanding of a
Commandement. But when the Jew in <hi>Synesius</hi> who was the pilot of a
ship, let go the helm in the even of his Sabbath, and did lye still till the
next even, and refus'd to guide the ship though in danger of shipwrack, he
was a superstitious foole, and did not expound but prevaricate the Com<g ref="char:EOLhyphen"/>mandement.
* This is to be extended to all probable interpretations so
far, that if the determination happen to be on the side of error, yet the
consequent action is not superstitious if the error it self be not Criminal.
Thus when the Fathers of the primitive Church did expound the sixth
chapter of S. <hi>Johns</hi> Gospel of sacramental manducation; though they
erred in the exposition, yet they thought they serv'd God in giving the
Holy Communion to Infants: and though that was not a worship which
God had appointed, yet it was not superstition, because it was (or for
ought we know was) an innocent interpretation of the doubtful words of
a Commandement. From good nothing but good can proceed, and from
an innocent principle nothing but what is innocent in the effect. In fine,
Whatsoever is an interpretation of a Commandement is but the way of
understanding Gods wil, not an obtruding of our owne; alwayes provi<g ref="char:EOLhyphen"/>ded
the interpretation be probable, and that the glosse doe not corrupt
the text.</p>
                     <p>2.<note place="margin">12.</note> 
                        <hi>Whatsoever is an equal and reasonable definition or determination of
what God hath left in our powers, is not an act of a culpable will-worship or
Superstition.</hi> Thus it is permitted to us to chuse the office of a Bishop,
or to let it alone; to be a Minister of the Gospel, or not to be a Minister.
If a man shall suppose that by his own abilities, his inclination, the request
of his friends, the desires of the people; and the approbation of the
Church, he is called by God to this Ministery, that he should please God
in so doing, and glorify his Name, although he hath no command or law
for so doing, but is still at his liberty, yet if he will determine himself to
this service, he is not superstitious or a will-worshipper in this his volun<g ref="char:EOLhyphen"/>tary
<pb n="460" facs="tcp:58903:259"/>
and chosen service, because he determines by his power and the
liberty that God gives him, to a service which in the general is pleasing
to God; so that it is but voluntary in his person, the thing it self is of
Divine institution.</p>
                     <p>3.<note place="margin">13.</note> 
                        <hi>Whatsoever is done by prudent Counsel about those things which be<g ref="char:EOLhyphen"/>long
to piety and charity, is not will-worship or superstition.</hi> Thus when
there is a Commandement to worship God with our body; if we bow the
head, if we prostrate our selves on the ground, or fall flat on our face, if
we travail up and down for the service of God, even to weariness and
diminution of our strengths, if we give our bodies to be burned, though
in these things there is no Commandement, yet neither is there supersti<g ref="char:EOLhyphen"/>tion,
though we designe them to the service of God, because that which
we doe voluntarily is but the appendage, or the circumstance, or the in<g ref="char:EOLhyphen"/>stance
of that which is not voluntary but imposed by God.</p>
                     <p>4.<note place="margin">14.</note> 
                        <hi>Every instance that is Uncommanded if it be the act or exercise of
what is commanded, is both of Gods choosing and of mans,</hi> it is voluntary and
it is imposed; this in the general, that in the particular. Upon this
account, the voluntary institution of the Rechabites in drinking no wine
and building no houses, but dwelling in Tents, was pleasing to God; be<g ref="char:EOLhyphen"/>cause
although he no where requir'd that instance at their hands, yet be<g ref="char:EOLhyphen"/>cause
it was an act or state of that obedience to their Father Jonadab
which was injoyn'd in the fifth Commandement, God lov'd the thing,
and rewarded the men. So <hi>David</hi> powr'd upon the ground the waters of
<hi>Bethlehem</hi> which were the price of the young mens lives; <hi>he powred them
forth unto the Lord:</hi> and though it was an Uncommanded instance, yet
it was an excellent act, because it was a self denial and an act of mortifi<g ref="char:EOLhyphen"/>cation.
The <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>, the abundant expressions of the duty con<g ref="char:EOLhyphen"/>tained
in the Law, though they be greater then the instances of the Law,
are but the zeale of God, and of religion; the advantages of lawes, and the
enlargements of a loving and obedient heart. Charity is a duty, and a great
part of our Religion. He then that builds almes-houses, or erects hospi<g ref="char:EOLhyphen"/>tals,
or mends high wayes, or repairs bridges, or makes rivers navigable,
or serves the poor, or dresses children, or makes meat for the poor, cannot
(though he intends these for Religion) be accused for will-worship; be<g ref="char:EOLhyphen"/>cause
the lawes doe not descend often to particulars, but leave them to the
conduct of reason and choice, custome and necessity, the usages of society
and the needs of the world. That we should be thankful to God, is a
precept of natural and essential religion; that we should serve God with
portions of our time, is so too: But that this day, or to morrow, that one
day in a week, or two, that we should keep the anniversary of a blessing,
or the same day of the week, or the return of the moneth, is an act of our
will and choice; it is <hi>the worship of the will,</hi> but yet of reason too and
right religion. Thus the Jewes kept the feast of <hi>Purim,</hi> the feast of the
fourth, the fifth, the seventh, the tenth moneth, the feast of the dedica<g ref="char:EOLhyphen"/>tion
of the Altar; and Christ observ'd what the <hi>Maccabees</hi> did institute:
and as it was an act of piety and duty in the Jewes to keep these feasts, so
it was not a will-worship or superstition in the <hi>Maccabees</hi> to appoint it,
because it was a pursuance of a general Commandement by symbolical but
uncommanded instances. Thus it is commanded to all men to pray: but
when <hi>Abraham</hi> first instituted morning prayer; and <hi>Isaac</hi> appointed in his
<pb n="461" facs="tcp:58903:259"/>
family the Evening prayer, and <hi>Daniel</hi> prayed three times a-day, and <hi>David</hi>
seven times, and the Church kept her Canonical houres, Nocturnal and
Diurnal Offices, and some Churches instituted an Office of forty houres,
and a continual course of prayer, and Solomon the perpetual ministery of
the <hi>Levites,</hi> these all doe and did respectively actions which were not
nam'd in the Commandement; but yet they willingly and choosingly
offer'd a willing but an acceptable sacrifice, because the instance was a
daughter of the law, incouraged by the same reward, serving to the same
end, warranted by the same reason, adorn'd with the same piety, eligible
for the same usefulness, amiable for the same excellency, and though not
commanded in the same tables, yet certainly pleasing to him who as he
gave us lawes for our rule, so he gives us his Spirit for our Guide, and our
Reason as his Minister.</p>
                     <p>5.<note place="margin">15.</note> 
                        <hi>Whatsoever is aptly and truly instrumental to any act of vertue or
grace, though it be no where signified in the law of God, or in our religion, is
not will-worship in the culpable sense.</hi> I remember to have read that S.
<hi>Benedict</hi> was invited to break his fast in a Vineyard: he intending to accept
the invitation betook himself presently to prayer; adding these words,
<hi>Cursed is he who first eates before he prayes.</hi> This religion also the Jewes
observ'd in their solemn dayes; and therefore wondred and were offen<g ref="char:EOLhyphen"/>ded
at the Disciples of Christ because that early in the morning of the
Sabbath they eate the ears of corn. This and any other of the like nature
may be superadded to the words of <hi>the law,</hi> but are no criminal will-worship,
because they are within the verge and limits of <hi>it; they serve to the mini<g ref="char:EOLhyphen"/>steries
of the chief house.</hi> Thus we doe not finde that <hi>David</hi> had receiv'd
a Commandement to build a Temple; but yet the prophet <hi>Nathan</hi> told
him from God,<note place="margin">1 King. 8. 18.</note> that <hi>he did well because it was in his heart to build it:</hi> It
was therefore acceptable to God because it ministred to that duty and re<g ref="char:EOLhyphen"/>ligion
in which God had signified his pleasure. Thus the Jewes serv'd
God in building Synagogues or places of prayer besides their Temple;
because they were to pray besides their solemn times, and therefore it was
well if they had less solemn places. So Abraham pleased God in sepa<g ref="char:EOLhyphen"/>rating
the tenth of his possessions for the service and honour of God; and
Jacob pleased the Lord of Heaven and Earth by introducing the religion
of Vowes; which indeed was no new religion, but two or three excel<g ref="char:EOLhyphen"/>lencies
of vertue and religion dress'd up with order and solemne advan<g ref="char:EOLhyphen"/>tages,
and made to minister to the glorification of God. Thus fasting
serves religion; and to appoint fasting daies is an act of religion and of
the worship of God, not directly, but by way of instrument and ministery.
To double our care, to intend our zeale, to enlarge our expence in the
adorning and beautifying of Churches is also an act of religion or of the
worship of God; because it does naturally signify or express one vertue,
and does prudently minister to another; it serves religion, and signifies
my love.</p>
                     <p>6.<note place="margin">16.</note> 
                        <hi>To abstain from the use of privileges and liberties though it be no
where commanded, yet it is alwaies in it self lawful, and may be an act of
vertue or religion if it be designed to the purposes of religion or charity.</hi>
Thus S. <hi>Paul</hi> said <hi>he would never eat flesh while he did live rather then cause
his brother to offend:</hi> and he did this with a purpose to serve God in so doing,
and yet it was lawful to have eaten, and he was no where directly com<g ref="char:EOLhyphen"/>manded
<pb n="462" facs="tcp:58903:260"/>
to have abstained; and though in some cases it became a duty, yet
when he extended it or was ready to have extended it to uncommanded
instances or degrees, he went not back in his religion by going forwards
in his will. Thus not to be too free in using or requiring dispensations,
is a good handmaid to piety or charity, and is let into the kingdome of
heaven, by being of the family and retinue of the Kings daughters, the
glorious graces of the Spirit of God. Thus also to deny to our selves the
use of things lawful in meat and drink and pleasure, with a design of being
exemplar to others and drawing them to sober counsels, the doing more
then we are commanded, that we be not tempted at any time to doe lesse,
the standing a great way off from sin, the changing our course and circum<g ref="char:EOLhyphen"/>stances
of life that we may not lose or lessen our state of the Divine grace
and favour, these are by adoption and the right of cognation accepted as
pursuances of our duty and obedience to the Divine Commandement.</p>
                     <p>7.<note place="margin">17.</note> 
                        <hi>Whatsoever is proportionable to the reason of any Commandement and
is a moral representation of any duty, the observation of that cannot of it self
be superstitious.</hi> For this we have a competent warranty from those
words of God by the prophet <hi>Nathan</hi> to <hi>David.</hi>
                        <note place="margin">2 Sam. 7. 5. 1 Ch<gap reason="illegible" resp="#TECH" extent="1 letter">
                              <desc>•</desc>
                           </gap>on. 22. 8. &amp; 28. 3.</note> 
                        <hi>Thou shalt not build a
house to the honour of my Name, because thou art a man of blood.</hi> In prose<g ref="char:EOLhyphen"/>cution
of this word of God, and of the reasonableness of it, it is very
warrantable that the Church of God forbids Bishops and Priests to give
sentence in a cause of blood; because in one case God did declare it unfit
that he who was a man of blood should be imployed in the building of a
house to God. Upon this account all Undecencies, all unfitting usages
and disproportionate states or accidents are thrust out of religion. A Priest
may not be a fidler, a Bishop must not be a shoomaker, a Judge must re<g ref="char:EOLhyphen"/>ligiously
abstain from such things as disgrace his authority, or make his per<g ref="char:EOLhyphen"/>son
and his ministery contemptible; and such observances are very far from
being superstitious, though they be under no expresse Commandement.</p>
                     <p>8.<note place="margin">18.</note> 
                        <hi>All voluntary services, when they are observed in the sense and to
the purposes of perfection, are so farre from being displeasing to God, that the
more uncommanded instances and degrees of external duty and signification
we use,</hi>
                        <note place="margin">S. Chrysost. in Rom. 8.</note> 
                        <hi>the more we please God.</hi> 
                        <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>,
<hi>Spiritual men doe
their actions with much passion and holy zeale, and give testimony of it
by expressing it in the uncommanded instances.</hi> And <hi>Socrates</hi> speaking of cer<g ref="char:EOLhyphen"/>tain
Church offices and rituals of religion, sayes, <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>,
<hi>Since no man hath concerning this thing any written Com<g ref="char:EOLhyphen"/>mandement,
it is clear that the Apostles permitted it to the choice of every
one, that every one may doe good not by necessity and feare</hi>] but by love and
choice. Such were the free will-offerings among the Jewes, which alwaies
might expect a speciall reward, <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>,
<hi>Those things which are in the
tables of the Commandement shall be rewarded, but those which are more then
these shall have a greater;</hi> the reason is, because they proceed from a
greater intension of the inward grace: and although the measures of the
Commandement were therefore less because they were to fit all capacities;
yet they who goe farther, shew that they are nearer to the perfections of
<pb n="463" facs="tcp:58903:260"/>
grace then the first and lowest measures of the Commandement, and
therefore are dispos'd to receive a reward greater then they shall have who
are the least in the Kingdome of Heaven. But of this I have already
given accounts in the foregoing rule, and<note n="*" place="margin">Doctrine &amp; pract. of Repen cap. 1.</note> otherwhere.</p>
                     <p>9.<note place="margin">19.</note> 
                        <hi>The circumstance of a religious action may be undertaken or impos'd
civilly without being superstitious.</hi> As to worship God is a duty which can
never be a superstitious will-worship, so to worship God by bowing the
head or knee towards the East or West is a circumstance of this reli<g ref="char:EOLhyphen"/>gious
worship; and of this there may be lawes made, and the circumstance
be determin'd, and the whole action so clothed and vested, that even the
very circumstance is in some sense <hi>religious,</hi> but in no sense <hi>superstitious;</hi> for
some way or other it must be done, and every mans act is determin'd when
it is vested with circumstances, and if a private will may determine it, so
may a publick law, and that without fault: but of this in the sequel.</p>
                     <p>10. The summe is this: Though the instance, the act or state be
uncommanded, yet it is not a culpable will-worship, if either it be a pro<g ref="char:EOLhyphen"/>bable
interpretation of a Divine Commandement, or the use of what is
permitted, or the circumstance or appendage to a vertue, or the particular
specification of a general law, or is in order to a grace instrumental &amp; mini<g ref="char:EOLhyphen"/>string
to it, or be the defalcation or the not using of our own rights, or
be a thing that is good in the nature of the thing, and a more perfect pro<g ref="char:EOLhyphen"/>secution
of a law or grace, that is, if it be a part or a relative of a law:
if a law be the foundation, whatsoever is built upon it, growes up towards
Heaven, and shall have no part in the evil rewards of superstition.
<q>But that what of it self is innocent or laudable may not be spoil'd by evil
appendages, it is necessary that we observe the following cautions.</q>
                     </p>
                     <p>1. Whatsoever any man does in an uncommanded instance,<note place="margin">20.</note> it must
be done with liberty and freedome of conscience; that is, it must not be
pressed to other men as a law which to our selves is onely an act of love,
or an instrument of a vertue, or the appendage and relative of a grace.
It must, I say, be done with liberty of conscience, that is, without imposing
it as of it self necessary, or a part of the service of God:<note place="margin">Socrat. lib. <gap reason="illegible" resp="#TECH" extent="1 letter">
                              <desc>•</desc>
                           </gap>. c. 22.</note> and so it was
anciently in the matter of worship towards the East: for though generally
the Christians did worship toward the East, yet in <hi>Antioch</hi> they worshipped
toward the West. But when they begin to have opinions concerning the
circumstance, and think that abstracting from the order or the accidental
advantage, there is some religion in the thing it self, then it passes fromwhat
it ought to what it ought not, and by degrees proves folly and dreames.
For then it comes to be a Doctrine and injunction of men. when that is
taught to be necessary which God hath left at liberty, and taken from it all
proper necessity; it then changes into superstition and injustice; for it is an
invading the rights of God and the rights of man; it gives a law to him
that is as free as our selves, and usurps a power of making lawes of
conscience, which is onely Gods subject and Gods peculiar. <hi>Dogmatizing</hi>
and <hi>Censoriousnesse</hi> makes a will-worship to be indeed superstition.</p>
                     <p>In prosecution of this it is to be added, It is as great a sin to teach for
doctrines the prohibitions of Men, as the injunctions and commandements;
to say that we may not doe what is lawful, as that it is necessary to doe
<pb n="464" facs="tcp:58903:261"/>
that which is onely permitted, or is commended. He that imposes on
mens conscience an affirmative or a negative that God hath not imposed,
is equally injurious, and equally superstitious; and we can no more serve
or please God in abstaining from what is innocent, then we can by doing
what he hath not commanded. He that thinks he serves God by looking
to the East when he prayes, and believes all men and at all times to be
oblig'd to doe so, is a superstitious man: but he who believes this to be
superstition, and therefore turns from the East, and believes it also to be
necessary that he do not look that way, is equally guilty of the same folly;
and is like a traveller that so long goes from the East, that he comes to it
by his long progression in the circle. If by the law of God it be not sinful,
or if by the law of God it be not necessary, no doctrines of men can make
it so: to call good evil, or evil good, is equally hateful to God: and as
every man is bound to preserve his liberty that a yoke be not imposed up<g ref="char:EOLhyphen"/>on
his conscience, and he be tied to do what God hath left free; so he is
oblig'd to take care that he be not hindred, but still that he may doe it
if he will. That this no way relates to humane laws I shall afterwards dis<g ref="char:EOLhyphen"/>course:
I now onely speak of imposition upon mens understandings, not
upon their wills or outward act. He that sayes that without a surplice we
cannot pray to God acceptably, and he that sayes we cannot well pray
with it, are both to blame; but if a positive law of our superiour inter<g ref="char:EOLhyphen"/>venes,
that's another consideration: for, <hi>quaedam quae licent, tempore &amp;
loco mutato non licent,</hi> said <hi>Seneca;</hi> and so on the contrary, that may be
lawful or unlawful, necessary or unnecessary, accidentally, which is not so in
its own nature and the intentions of God.</p>
                     <p>2. Whatsoever pretends to lawfulness or praise by being an instrument
of a vertue and the minister of a law,<note place="margin">21.</note> must be an apt instrument, naturally,
rationally, prudently, or by institution such as may doe what is pretended.
Thus although in order to prayer I may very well fast, to alleviate the bo<g ref="char:EOLhyphen"/>dy
&amp; make the spirit more active &amp; untroubl'd; yet against a day of prayer
I will not throw all the goods out of my house, that my dining-room
may look more like a Chappel, or the sight of worldly goods may not be in
my eye at the instant of my devotion: because as this is an uncommanded
instance, so it is a foolish and an unreasonable instrument. The instrument
must be such as is commonly used by wise and good men in the like cases,
or something that hath a natural proportion and efficacy to the effect.</p>
                     <p>3. Whatsoever pretends to be a service of God in an uncommanded
instance,<note place="margin">22.</note> by being the specification of a general command, or the instance
of a grace, must be naturally and univocally such, not equivocally and by
pretension onely: of which the best sign is this, If it be against any one
commandement directly or by consequent, it cannot acceptably pursue or
be the instance of any other. Thus when the Gnosticks abused their Di<g ref="char:EOLhyphen"/>sciples
by a pretense of humility, telling them that they ought by the me<g ref="char:EOLhyphen"/>diation
of Angels to present their prayers to God the Father, and not by
the Son of God, it being too great a presumption to use his name and an
immediate address to him (as S. <hi>Chrysostome, Theophylact,</hi> and <hi>O Ecumenius</hi>
report of them) this was a culpable will-worship, because the relation it
pretended to humility was equivocal and spurious, it was expresly against
an article of faith<note n="*" place="margin">Joh. 16. 23.</note> and a Divine Commandement. So did the <hi>Pythagore<g ref="char:EOLhyphen"/>ans</hi>
in their pretensions to mortification; they commanded to abstain from
<pb n="465" facs="tcp:58903:261"/>
marriages, from flesh, from fish, as unclean, and ministeries of sin, and pro<g ref="char:EOLhyphen"/>ductions
of the Devil. Both these the Apostle reproves in his epistle to
the Colossians; and therefore condemns all things of the same unreason
ableness.</p>
                     <p>4. All uncommanded instances of piety must be represented by their
own proper qualities,<note place="margin">23.</note> effect and worthiness; that is, if all their worth be
relative, they must not be taught as things of an absolute excellency, or
if it be a matter of abstinence from any thing that is permitted, and that
abstinence be by reason of danger or temptation, error or scandal, it
must not be pressed as abstinence from a thing that is simply unlawful, or
the duty simply necessary. Thus the <hi>Encratites</hi> and <hi>Manichees</hi> were su<g ref="char:EOLhyphen"/>perstitious
persons, besides their heresie; because although they might
lawfully have abstain'd from all ordinary use of wine, in order to tempe<g ref="char:EOLhyphen"/>rance
and severe sobriety, yet when they began to say, that such absti<g ref="char:EOLhyphen"/>nence
was necessary, and all wine was an abomination, they pass'd into a
direct superstition, and a criminal wil-worship. While the <hi>Novatians</hi> de<g ref="char:EOLhyphen"/>nied
to reconcile some sort of lapsed criminals, they did it for discipline
and for the interests of a holy life, they did no more then divers parts of
the Church of God did; but when that discipline, which once was useful,
became now to be intolerable, and that which was onely matter of Go<g ref="char:EOLhyphen"/>vernment
became also matter of doctrine, then they did that which our
blessed Saviour reproved in the Pharisees, <hi>they taught for doctrines the in<g ref="char:EOLhyphen"/>junctions
of men,</hi> and made their wil-worship to be superstition.</p>
                     <p>5. When any uncommanded instance relative to a Commandement is
to be performed,<note place="margin">24.</note> it ought to be done temperately and according to its own
proportion and usefulness: for if a greater zeal invites us to the action,
we must not give the reins and liberty to that zeal, and suffer it to pass
on as far as it naturally can; but as far as piously and prudently it ought.
He that gives alms to the poor, may upon the stock of the same vertue
spare all vain or less necessary expence and be a good husband to the poor,
and highly please God with these uncommanded instances of duty: but
then he must not prosecute them beyond the reason of his own affairs,
to the ruine of his relations, to the danger of temptation. To pray is
good; to keep the continual sacrifice of morning and evening devotions is
an excellent specification of the duty of [<hi>pray continually:</hi>] now he that
prayes more frequently does still better, but there is a period beyond
which the multiplication and intension of the duty is not to extend. For
although to pray nine times is more then is describ'd in any diurnal or
nocturnal office; yet if a man shall pray nine and twenty times, and prose<g ref="char:EOLhyphen"/>cute
the excess to all degrees which he naturally can, and morally cannot,
that is, ought not, his will-worship degenerates into superstition; because
it goes beyond the natural and rational measures, which though they may
be enlarged by the passions of Religion, yet must not pass beyond the pe<g ref="char:EOLhyphen"/>riods
of reason, and usurp the places of other duties civil and religious.</p>
                     <p>If these measures be observ'd,<note place="margin">25.</note> the voluntary and uncommanded acti<g ref="char:EOLhyphen"/>ons
of religion, either by their cognation to the laws, or adoption into
obedience, become acceptable to God, and by being a voluntary worship,
or an act of religion proceeding from the will of man, that is, from his love
and from his desires to please God, are highly rewardable: <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>,
<pb n="466" facs="tcp:58903:262"/>
said S. <hi>Paul,</hi> If I doe this thing with a voluntary act
or free choice, then I have a reward. And that no man may be affrighted
with those words of God to the Jews,<note place="margin">Isa. 1. 11, 12, 13.</note> 
                        <hi>who hath requir'd these things at your
hands?</hi> as if every thing were to be condemned concerning which God
could say, <hi>Quis requisivit?</hi> meaning, that he never had given a comman<g ref="char:EOLhyphen"/>dement
to have it done; it is considerable, that God speaks not of volun<g ref="char:EOLhyphen"/>tary,
but of commanded services; he instances in such things which him<g ref="char:EOLhyphen"/>self
had requir'd at their hands, <hi>their sacrifices of bulls and goats,</hi> their <hi>new
moons and solemn assemblies,</hi> their <hi>sabbaths and oblations:</hi> but because they
were not done with that piety &amp; holiness as God intended, God takes no
delight in the outward services: so that this condemns the unholy keep<g ref="char:EOLhyphen"/>ing
of a law, that is, observing the body, not the spirit of religion; but at
no hand does God reject voluntary significations of a commanded duty,
which proceed from a well-instructed and more loving spirit, as appears
in the case of vows and free-will-offerings in the Law; which although
they were will-worshippings, or voluntary services, and therefore the
matter of them was not commanded, yet the religion was approved. And
if it be objected that these were not will-worshippings because they were
recommended by God in general; I reply, Though they were recommen<g ref="char:EOLhyphen"/>ded,
yet they were left to the liberty and choice of our will, and if that re<g ref="char:EOLhyphen"/>commendation
of them be sufficient to sanctifie such voluntary religion,
then we are safe in this whole question; for so did our blessed Saviour in
the Gospel, as his Father did in the Law, <hi>Qui potest capere capiat;</hi> and
<hi>he that hath ears to hear,</hi>
                        <note place="margin">1 Cor. 7. 37.</note> 
                        <hi>let him hear;</hi> and so saith S. <hi>Paul, He that standeth
fast in his heart,</hi> that is, hath perfectly resolved and is of a constant tem<g ref="char:EOLhyphen"/>per,
<hi>having no necessity, but hath power over his own will, and hath judged
in his heart that he will keep his virgin, doth well.</hi> But the ground of all is
this; all voluntary acts of worship or religion are therefore acceptable
<hi>quia fundamentum habent in lege Divina,</hi> Gods law is the ground of
them; that's the Canon, and these will-worshippings are but the Descant
upon the plain-song: some way or other they have their authority and
ground from the law of God; For</p>
                     <p>
                        <hi>VVhatsoever hath its whole foundation in a persuasion that is meerly hu<g ref="char:EOLhyphen"/>mane,</hi>
                        <note place="margin">26.</note>
                        <hi>and no waies relies upon the Law or the expressed will of God, that is
will-worship in the criminal sense,</hi> that is, <hi>it is superstition.</hi> So the vulgar
Latine and <hi>Erasmus</hi> render the word <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>, or <hi>will-worship;</hi> and
they both signifie the same thing, when will-worship is so defin'd: but if
it be defin'd by [<hi>a religious passion or excess in uncommanded instances re<g ref="char:EOLhyphen"/>lating
to, or being founded in the Law and will of God,</hi>] then will-worship
signifies nothing but what is good, and what is better; it is a free-will-offering
<gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>, like the institution under which
S. <hi>Paul</hi> was educated, <hi>the strictest and exactest sect of the religion,</hi> and they
that live accordingly, are <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap> 
                        <hi>the voluntary and most wil<g ref="char:EOLhyphen"/>ling
subjects of the law.</hi> So that although concerning some instances it can
be said, <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>, this is directly a commandement; and con<g ref="char:EOLhyphen"/>cerning
others, <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>, this is a vertuous or a
right action of my choice; yet these are no otherwise oppos'd then as <hi>in</hi>
and <hi>super,</hi> for the one are <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap> in the order and constitution of
the commandement, the other <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap> (as S. <hi>Chrysostome</hi> expresses
it) are above the commandement, yet all are in the same form or category:
it is within the same limits &amp; of the same nature, and to the same ends,
<pb n="467" facs="tcp:58903:262"/>
and by the same rule, and of the same holinesse, and by a greater love;
that's all the difference: and thus it was from the beginning of the world,
in all institutions and in all religions, which God ever lov'd.</p>
                     <p>I onely instance in the first ages and generations of mankinde,<note place="margin">27.</note> because
in them there is pretended some difficulty to the question. <hi>Abel</hi> offer'd
sacrifice to God, and so did <hi>Cain;</hi> and in the dayes of <hi>Enoch</hi> men began to
call upon the name of the Lord;<note n="*" place="margin">Multi commentariorum &amp; <gap reason="illegible" resp="#TECH" extent="1 word">
                              <desc>〈◊〉</desc>
                           </gap> versiarum scriptores ex his verbis <gap reason="illegible" resp="#TECH" extent="1 word">
                              <desc>〈◊〉</desc>
                           </gap>, homines illius seculi novos rius, no<gap reason="illegible" resp="#TECH" extent="2 letters">
                              <desc>••</desc>
                           </gap>s ceremoni as &amp; religionis formas instit<gap reason="illegible" resp="#TECH" extent="1 letter">
                              <desc>•</desc>
                           </gap>
                           <g ref="char:EOLhyphen"/>isse; quia scil. certum est, ab exor<gap reason="illegible" resp="#TECH" extent="2 letters">
                              <desc>••</desc>
                           </gap>o hu<g ref="char:EOLhyphen"/>mani generis homines Deum colu<gap reason="illegible" resp="#TECH" extent="1 letter">
                              <desc>•</desc>
                           </gap>se, at<g ref="char:EOLhyphen"/>que adeò invocasse nomen Domini. Hoc ergo quod quasi de novo factum <gap reason="illegible" resp="#TECH" extent="1 word">
                              <desc>〈◊〉</desc>
                           </gap>, est institutio novorum rituum, quibus quasi de proprio Deum <gap reason="illegible" resp="#TECH" extent="1 letter">
                              <desc>•</desc>
                           </gap>olere volucru<gap reason="illegible" resp="#TECH" extent="2 letters">
                              <desc>••</desc>
                           </gap> At notandum est in horum verborum sen<g ref="char:EOLhyphen"/>su nihil esse certii quod ad hanc rem possit pertinere. Nam passim in Hebraeorum co<g ref="char:cmbAbbrStroke">̄</g>mentariis seculum Enoch tanquam im<g ref="char:EOLhyphen"/>pium memoratur: Et Hebrai expon<gap reason="illegible" resp="#TECH" extent="1 letter">
                              <desc>•</desc>
                           </gap>re solebant hunc locum quasi sensus esset, tunc cum Enoch natus <gap reason="illegible" resp="#TECH" extent="1 word">
                              <desc>〈◊〉</desc>
                           </gap> homines pr<gap reason="illegible" resp="#TECH" extent="1 letter">
                              <desc>•</desc>
                           </gap>
                           <g ref="char:EOLhyphen"/>fanasse nomen Domini invocando nomea ejus super Creatur<gap reason="illegible" resp="#TECH" extent="1 letter">
                              <desc>•</desc>
                           </gap>s, sic <gap reason="illegible" resp="#TECH" extent="3 letters">
                              <desc>•••</desc>
                           </gap>rbum <gap reason="foreign">
                              <desc>〈 in non-Latin alphabet 〉</desc>
                           </gap>, derivatum scil. à voce Colin, i. e. pr<gap reason="illegible" resp="#TECH" extent="1 letter">
                              <desc>•</desc>
                           </gap>sana, profanasse interpret<gap reason="illegible" resp="#TECH" extent="2 letters">
                              <desc>••</desc>
                           </gap> sunt: homines sc<gap reason="illegible" resp="#TECH" extent="2 letters">
                              <desc>••</desc>
                           </gap> tunc coepisse appellare <gap reason="illegible" resp="#TECH" extent="2 letters">
                              <desc>••</desc>
                           </gap>lios hominum, &amp; animalia, &amp; herb <gap reason="illegible" resp="#TECH" extent="1 word">
                              <desc>〈◊〉</desc>
                           </gap> nomine Dei sancti benedicti. Abenez<gap reason="illegible" resp="#TECH" extent="2 letters">
                              <desc>••</desc>
                           </gap> a. &amp; Abrabaneel simpliciorem horum <gap reason="illegible" resp="#TECH" extent="1 letter">
                              <desc>•</desc>
                           </gap>erborii sensum re<gap reason="illegible" resp="#TECH" extent="1 letter">
                              <desc>•</desc>
                           </gap>i<g ref="char:EOLhyphen"/>nuerunt: caeperu<gap reason="illegible" resp="#TECH" extent="2 letters">
                              <desc>••</desc>
                           </gap> scil. commemorate creatorem suum, &amp; ad nomen ejus opera &amp; orationes dirigere.</note> and a priesthood was
instituted in every family, and the <hi>Major-domo</hi> was the
Priest, and God was worshipped by consumptive oblati<g ref="char:EOLhyphen"/>ons:
and to this they were prompted by natural reason,
and for it there was no command of God.<note n="a" place="margin">a 12 <hi>de Statuis.</hi>
                        </note> So S. <hi>Chry<g ref="char:EOLhyphen"/>sostome,</hi>
                        <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>
Abel <hi>was
not taught of any one, neither had he receiv'd a law con<g ref="char:EOLhyphen"/>cerning
the oblation of first-fruits; but of himself and
moved by his Conscience he offer'd that sacrifice:</hi> and<note n="b" place="margin">ad Quest. 83.</note> the
Author of the answers <hi>ad Orthodoxos</hi> in the workes of
<hi>Justin Martyr</hi> affirmes, <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>,
<hi>They who
offer'd to God before the law the sacrifice of beasts did not
dee <gap reason="illegible" resp="#TECH" extent="1 word">
                              <desc>〈◊〉</desc>
                           </gap> by a Divine Commandement, though God by accep<g ref="char:EOLhyphen"/>
                           <gap reason="illegible" resp="#TECH" extent="1 word">
                              <desc>〈◊〉</desc>
                           </gap>
gave testimony that the person who offered it was
<gap reason="illegible" resp="#TECH" extent="1 word">
                              <desc>〈◊〉</desc>
                           </gap> to him.</hi> What these instances doe effect or per<g ref="char:EOLhyphen"/>
                        <gap reason="illegible" resp="#TECH" extent="1 word">
                           <desc>〈◊〉</desc>
                        </gap>
we shall see in the sequal; in the mean time I ob<g ref="char:EOLhyphen"/>
                        <gap reason="illegible" resp="#TECH" extent="1 word">
                           <desc>〈◊〉</desc>
                        </gap>
that they are by men of differing perswasions us'd to contrary pur<g ref="char:EOLhyphen"/>
                        <gap reason="illegible" resp="#TECH" extent="1 word">
                           <desc>〈◊〉</desc>
                        </gap>
Some there are that suppose it to be in the power of men to ap<g ref="char:EOLhyphen"/>
                        <gap reason="illegible" resp="#TECH" extent="1 word">
                           <desc>〈◊〉</desc>
                        </gap>
new instances and manners of religion, and to invent distinct matters
<gap reason="illegible" resp="#TECH" extent="2 letters">
                           <desc>••</desc>
                        </gap>ormes of Divine worship; and they suppose that by these instances they
are warranted to say, <hi>that we may in religion doe whatsoever by Natural
reason we are prompted to;</hi> for <hi>Abel</hi> and <hi>Cain</hi> and <hi>Enoch</hi> did their services
upon no other account. Others that suspect every thing to be superstitious
that is uncommanded, and believe all sorts of will-worship to be criminal,
say, that if <hi>Abel</hi> did this wholy by his natural reason and religion, then <hi>this
religion being by the law of Nature was also a command of God;</hi> so that still
it was done by the force of a law, for a law of Nature being a law of God,
whatsoever is done by that is necessary, not will-worship, or an act of
choice and a voluntary religion.</p>
                     <p>Now these men divide the truth between them.<note place="margin">28.</note> For it is not true
that <hi>whatsoever is taught us by Natural reason, is bound upon us by a Natural
law:</hi> which proposition although I have already prov'd competently, yet
I shall not omit to adde some things here to the illustration of it, as be<g ref="char:EOLhyphen"/>ing
very material to the present question and rule of Conscience. <hi>Socinus</hi>
the lawyer affirm'd Reason to be the Natural law, by which men are inclin'd
first, and then determin'd to that which is agreeable to reason. But this
cannot be true, least we should be constrain'd to affirme that God hath left
the government of the world to an uncertain and imperfect guide; for
nothing so differs as the reasonings of men, and a man may doe according
<pb n="468" facs="tcp:58903:263"/>
to his reason, and yet doe very ill. <hi>Sicut omnis citharoedi opus est citharam
pulsare,</hi>
                        <note place="margin">Ethic l. 1. c. 7.</note> 
                        <hi>periti verò ac probè docti rectè pulsare: sic hominis cujuscun<expan>
                              <am>
                                 <g ref="char:abque"/>
                              </am>
                              <ex>que</ex>
                           </expan> est agere
cum ratione, probi verò hominis est rectè cum ratione operari.</hi> So <hi>Aristotle.</hi>
It is the work of every Musician to play upon his instrument; but to play
well requires art and skil: so every man does according to reason; but to
doe righteous things, and according to right reason, must suppose a wise
and a good man. The consequent of this is, that reason is not the natu<g ref="char:EOLhyphen"/>ral
law, but reason when it is rightly taught, well ordered, truly instructed,
perfectly commanded; the law is it that binds us to operate according to
right reason, and commands us we should not decline from it. He that
does according to the natural law, or the law of God, does not, cannot doe
amisse: but when reason alone is his warrant and his guide, he shall not
alwaies find out what is pleasing to God. And it will be to no purpose to
say, that not every mans reason, but right reason shall be the law. For
every man thinks his own reason right, and whole nations differ in the
assignation and opinions of right reason; and who shall be Judge of all, but
God, and he that is the Judge must also be the law-giver, else it will a be sad
story for us to come under his Judgement, by whose lawes and measures
we were not wholly directed. If God had commanded the Priests pectoral
to be set with rubies, and had given no instrument of discerning his mean<g ref="char:EOLhyphen"/>ing
but our eyes, a red crystal or stained glasse would have pass'd in stead
of rubies: But by other measures then by seeing we are to distinguish the
precious stone from a bright counterfeit. As our eyes are to the distinction
of visible objects, so is our reason to spiritual, the instrument of judging,
but not alone; but as reason helps our eyes, so does revelation informe
our reason; and we have no law till by revelation or some specifick com<g ref="char:EOLhyphen"/>munication
of his pleasure God hath declar'd and made a
law.<note n="*" place="margin">Lex Dei mentem nostram incendens, eam ad se pertrahit, conscientiámque no<g ref="char:EOLhyphen"/>stram vellicat quae &amp; ipsa mentis nostrae lex dicitur. Damascen. lib. 4. cap. 23. de fide. <gap reason="illegible" resp="#TECH" extent="1 letter">
                              <desc>•</desc>
                           </gap>ibi Clichtovaeus sic exponit, lex men<g ref="char:EOLhyphen"/>tis nostrae est ipsa naturalis ratio <hi>Dei legem</hi> habens sibi inditam, impressám<expan>
                              <am>
                                 <g ref="char:abque"/>
                              </am>
                              <ex>que</ex>
                           </expan> &amp; insi<g ref="char:EOLhyphen"/>tam qu bonum à malo interno luminc di<gap reason="illegible" resp="#TECH" extent="1 letter">
                              <desc>•</desc>
                           </gap>adicam <gap reason="illegible" resp="#TECH" extent="2 letters">
                              <desc>••</desc>
                           </gap>. S. Hieronymus episi. 151. ad Algasi. q. 8. hanc legè appellat legem in<g ref="char:EOLhyphen"/>telligentiae, quam ignorat pueritia, ne<g ref="char:EOLhyphen"/>scii infantia, tunc a venit &amp; praecipit, quando incipit intelligentia. B. Maximus tom. 5. Biblioth. centur. 5. c. 13. Lex naturae est ratio naturalis, quae captivum tenet sensum ad delendam vim irrationa<g ref="char:EOLhyphen"/>lem. Hoc dixit imperfectè, quia ratio na<g ref="char:EOLhyphen"/>turali<gap reason="illegible" resp="#TECH" extent="1 letter">
                              <desc>•</desc>
                           </gap> ta<gap reason="illegible" resp="#TECH" extent="2 letters">
                              <desc>••</desc>
                           </gap>m est maieria legis naturalis. Rectiusa. S. <hi>Augustinus,</hi> l. 2. de sermone Domini in monto, Nullam animam esse quae ratiocinar<gap reason="illegible" resp="#TECH" extent="1 letter">
                              <desc>•</desc>
                           </gap> possit, in cujus conscien<g ref="char:EOLhyphen"/>tia non loquatur Deus: quis n. legem naturalem in cordibus hominum scribit nisi Deus? hoc scil. innuens non ratione<g ref="char:cmbAbbrStroke">̄</g> solam, sed Deum loquentem ex principiis nostra rationis sanxisse legem. Idem dix<g ref="char:EOLhyphen"/>it explicatius, l. 22. contr. Faustum c. 27. legem aeternam esse Divinam rationem vel voluntatem ordinem naturalem co<g ref="char:cmbAbbrStroke">̄</g>servari jubentem perturbari vetantem.</note> Now all the law of God which we call natural
is <hi>reason,</hi> that is, so agreeable to natural and congenit
reason, that the law is in the matter of it written in our
hearts before it is made to be a law. <hi>Lex est Naturae vis,
&amp; ratio prudentis, juris atque injuriae regula.</hi> So <hi>Cicero
lib.</hi> 1. <hi>de leg.</hi> But though all the law of Nature be rea<g ref="char:EOLhyphen"/>son;
yet whatsoever is reason is not presently a law of
Nature. And therefore that I may return to the instan<g ref="char:EOLhyphen"/>ces
we are discoursing of, it followes not that although
<hi>Abel</hi> and <hi>Cain</hi> and <hi>Enoch</hi> did doe some actions of religion
by the dictate of natural reason, that therefore they did
it by the law of nature: for every good act that any man
can doe is agreeable to <hi>right reason;</hi> but every act we doe
<hi>is not by a law,</hi> as appears in all the instances I have given
in the explication and commentaries on these two last
rules. Secondly, On the other side it is not true, that
<hi>we may doe it in religion whatsoever we are prompted to
by natural reason.</hi> For although natural reason teaches
us that God is to be lov'd, and God is to be worshipped,
that is, it tells us he is our supreme, we his creatures and
his servants; we had our being from him, and we still
depend upon him, and he is the end of all who is the beginning of all, and
therefore whatsoever came from him must also tend to him; and who<g ref="char:EOLhyphen"/>soever
made every thing, must needs make every thing for himself,
for he being the fountain of perfection, nothing could be good but what
<pb n="469" facs="tcp:58903:263"/>
is <hi>from,</hi> and <hi>for,</hi> and <hi>by,</hi> and <hi>to</hi> that fountain, and therefore that every thing
must in it's way honour and serve and glorify him: now I say, although
all this is taught us by <hi>natural reason,</hi> by this reason we are taught that
God must be worshipped; yet that cannot tell us <hi>how</hi> God will be wor<g ref="char:EOLhyphen"/>shipped.
<hi>Natural reason</hi> can tell us what is our obligation, because it can
discourse of our nature and production, our relation and minority; but
<hi>Natural reason</hi> cannot tell us by what instances God will be pleas'd with
us, or prevail'd with to doe us new benefits; because no natural reason
can informe us of the will of God, till himself hath declar'd that will.
<hi>Natural reason</hi> tels us we are to obey God; but <hi>Natural reason</hi> cannot tell
us in what positive commandements God will be obeyed, till he declares
what he will command us to doe and observe. So though by Nature we are
taught that we must worship God; yet by what significations of duty,
and by what actions of religion this is to be done, depends upon such a cause
as nothing but it self can manifest and publish.</p>
                     <p>And this is apparent in the religion of the old world,<note place="margin">29.</note> the religion
of sacrifices and consumptive oblations; which it is certain themselves
did not choose by natural reason, but they were taught and injoyn'd by
God: for that it is no part of a natural religion to kill beasts, and offer to
God Wine and Fat, is evident by the nature of the things themselves, the
cause of their institution, and the matter of fact, that is the evidence that
they came in by positive constitution. For blood was anciently the sancti<g ref="char:EOLhyphen"/>on
of lawes and Covenants, <hi>Sanctio à Sanguine</hi> say the Grammarians;
because the sanction or establishment of lawes was it which bound the life
of man to the law, and therefore when the law was broken, the life or the
blood was forfeited: bt then as in Covenants, in which sometimes the
wilder people did drink blood, the gentler and more civil did drink wine,
the blood of the grape; so in the forfeiture of lawes they also gave the
blood of beasts in exchange for their own. Now that this was lesse then
what was due is certain, and therefore it must suppose remission and grace,
a favourable and a gracious acceptation; which because it is voluntary and
arbitrary in God, less then his due, and more then our merit, no natural
reason can teach us to appease God with sacrifices. It is indeed agreeable
to reason that blood should be pour'd forth, when the life is to be paied,
because the blood is the life; but that one life should redeem another, that
the blood of a beast should be taken in exchange for the life of a man, that
no reason naturally can teach us. <hi>Ego verò destinavi <gap reason="illegible" resp="#TECH" extent="1 letter">
                              <desc>•</desc>
                           </gap>um vobis in altari
ad expiationem faciendam pro animis vestris: nam sangui<gap reason="illegible" resp="#TECH" extent="1 letter">
                              <desc>•</desc>
                           </gap> est qui pro anima
expiationem facit,</hi> said God by <hi>Moses.</hi>
                        <note place="margin">Levit. 17. 11.</note> The life of the flesh is in the blood;
and I have given it to you upon the Altar to make an atonement for your
Souls: for it is the blood that maketh an atonement for the Soule: accor<g ref="char:EOLhyphen"/>ding
to which are those words of S. <hi>Paul, without shedding of blood there is
no remission;</hi> meaning that in the Law, all expiation of sins was by sacrifices,
to which Christ by the sacrifice of himself put a period. But all this Reli<g ref="char:EOLhyphen"/>gion
of sacrifices, was (I say) by Gods appointment; <hi>Ego verò destinavi,</hi> so
said God, I have design'd or decreed it: but that this was no part of a law
of nature, or of prime, essential reason appears in this, * 1. Because God
confin'd it among the Jewes to the family of <hi>Aaron,</hi> and that onely in the
land of their own inheritance, the land of promise; which could no more
be done in a natural religion then the Sun can be confin'd to a village-Chappel.
* 2. Because God did express oftentimes that he took no de<g ref="char:EOLhyphen"/>light
in Sacrifices of Beasts; as appears in <hi>Psalm</hi> 40. and <hi>Psal.</hi> 50. and
<pb n="470" facs="tcp:58903:264"/>
                        <hi>Psal.</hi> 51. <hi>Isai.</hi> 1. <hi>Jerem.</hi> 7. <hi>Hosea</hi> 6. <hi>Micah</hi> 6. * 3. Because he tells us
in opposition to sacrifices and external rites, what that is which is the
natural and essential religion in which he does delight; the <hi>sacrifice of
prayer and thanksgiving, a broken and a contrite heart;</hi> that we should <hi>walk
in the way he hath appointed;</hi> that we should doe <hi>justice and judgment, and
walk humbly with our God:</hi> He desires <hi>mercy and not sacrifice, and the
knowledge of God more then burnt-offerings.</hi> 4. Because <hi>Gabriel</hi> the Arch<g ref="char:EOLhyphen"/>angel
foretold that the <hi>Messias</hi> should make the daily sacrifice to cease.
5. Because for above 1600. years God hath suffered that nation to whom<note place="margin">D. <gap reason="illegible" resp="#TECH" extent="1 letter">
                              <desc>•</desc>
                           </gap>
                        </note>
he gave the law of sacrifices to be without Temple, or Priest, or Altar, and
therefore without Sacrifice.</p>
                     <p>But then if we inquire why God gave the law of sacrifices,<note place="margin">30.</note> and was so
long pleas'd with it; the reasons are evident and confess'd. 1. Sacrifices
were types of that great oblation which was made upon the altar of the
Crosse. 2. It was an expiation which was next in kind to the real for<g ref="char:EOLhyphen"/>feiture
of our own lives: it was blood for blood, a life for a life, a lesse
for a greater; it was that which might make us confesse Gods severity
against sin, though not feel it; it was enough to make us hate the sin,
but not to sink under it; it was sufficient for a fine, but so as to preserve
the stake; it was a manuduction to the great sacrifice, but suppletory of the
great losse and forfeiture; it was enough to glorify God, and by it to save
our selves; it was insufficient in it self, but accepted in the great sacrifice;
it was enough in shadow, when the substance was so certainly to succeed.
3. It was given the Jewes <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>,<note place="margin">Lib. 6. c. 18.</note>
as the Author of the Apostolical constitutions affirmes, that
being loaden with the expence of sacrifices to one God, they might not be
greedy upon the same terms to run after many: and therefore the same
Author affirmes, <hi>before their golden calfe and other idolatries, Sacrifices were
not commanded to the Jewes, but perswaded onely;</hi> recommended, and left unto
their liberty. By which we are at last brought to this truth, That it was
taught by God to <hi>Adam,</hi> and by him taught to his posterity, that they should
in their several manners worship God by giving to him something of all that
he had given us; and therefore something of our time, and something of our
goods: and as that was to be spent in praises and celebration of his name,
so these were to be given in consumptive offerings; but the manner and
the measure was left to choice,<note place="margin">Num. 7.</note> and taught by superadded reasons and posi<g ref="char:EOLhyphen"/>tive
lawes: and in this sense are those words to be understood which above
I cited out of <hi>Justin Martyr</hi> and S. <hi>Chrysostom.</hi> To this purpose <hi>Aquinas</hi>
cites the glosse upon the second of the <hi>Colossians,</hi> saying, <hi>Ante tempus legis
justos per interiorem instinctum instructos fuisse de modo colendi Deum, quos
alii sequebantur; postmodum verò exterioribus praeceptis circa hoc homines
fuisse instructos, quae praeterire pestiferum est.</hi> Before the Law the righteous had
a certain instinct by which they were taught how to worship God, to wit in
the actions of internal religion; but afterwards they were instructed by out<g ref="char:EOLhyphen"/>ward
precepts. That is, the natural religion consisting in praiers &amp; praises,
in submitting our understandings and subjecting our wills, in these things
the wise Patriarchs were instructed by right reason and the natural duty of
Men to God: but as for all external religions, in these things they had a
Teacher and a guide; of these things they were to doe nothing of their
own heads. In whatsoever is from within there can be no Will-worship,
for all that the Soul can doe is Gods right; and no act of faith or hope in
<pb n="471" facs="tcp:58903:264"/>
God, no charity, no degree of charity, or confidence, or desire to please
him can be superstitious. But because in outward actions there may be
undecent expressions or unapt ministeries, or instances not relative to a law
of God or a Councel Evangelical, there may be irregularity and obliquity,
or direct excesse, or imprudent expressions, therefore they needed Masters
and Teachers, but their great teacher was God. <hi>Deum docuisse Adam
cultum divinum quo ejus benevolentiam recuperaret quam per peccatum
transgressionis amiserat; ipsumque docuisse filios suos dare Deo decimas &amp;
primitias,</hi> said <hi>Hugo de S. Victore.</hi> God taught <hi>Adam</hi> how to worship
him, and by what means to recover his favour, from which he by trans<g ref="char:EOLhyphen"/>gression
fell (the same also is affirmed by S. <hi>Athanasius</hi>
                        <note n="*" place="margin">In Epi<gap reason="illegible" resp="#TECH" extent="2 letters">
                              <desc>••</desc>
                           </gap>. de perfidia Euic<gap reason="illegible" resp="#TECH" extent="3 letters">
                              <desc>•••</desc>
                           </gap> &amp; libro super illud, <hi>Omnia mihi: radia sunt.</hi> Antiq. Jud. l. 1. c. 3.</note>:) but that which
he addes, that <hi>Adam</hi> taught his children to give first-fruits and tenths,
I know not upon what authority he affirmes it. Indeed Josephus
seemes to say something against it: <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>,
God is not pleas'd so much in
oblation of such things which the greediness and violence of man forces
from the Earth, such as are corne and fruits; but is more pleas'd with
that which comes of it self naturally and easily, such as are cattel and sheep.
And therefore he supposes God rejected <hi>Cain</hi> and accepted <hi>Abel,</hi> because
<hi>Cain</hi> brought fruits which were procur'd by labour and tillage; but <hi>Abel</hi>
offered sheep, which came by the easy methods and pleasing ministeries
of Nature. It is certain <hi>Josephus</hi> said not true, and had no warrant for his
affirmative: but that which his discourse does morally intimate is very
right, that the things of mans invention please not God; but that which
comes from him we must give him again, and serve him by what he hath
given us, and our religion must be of such things as come to us from God:
it must be obedience or compliance; it must be something of meer love,
or something of love mingled with obedience: it is certain it was so in
the instance of <hi>Abel.</hi>
                     </p>
                     <p>And this appears in those words of S. <hi>Paul,</hi>
                        <note place="margin">31.</note> 
                        <hi>By faith</hi> Abel <hi>offer'd sa<g ref="char:EOLhyphen"/>crifice:</hi>
                        <note place="margin">Hebr. 11.</note>
it was not therefore done by choice of his own head; but <hi>by
the obedience of faith,</hi> which supposes revelation and the command or
declaration of the will of God. And concerning this, in the traditions and
writings of the Easterlings, we find this story. <q>In the beginning of mankind,
when <hi>Eve</hi> for the peopling of the world was by God so bless'd in the
production of Children that she alwaies had twins before the birth of
<hi>Seth,</hi> and the twins were ever male and female, that they might inter<g ref="char:EOLhyphen"/>changeably
marry, <hi>ne gens sit unius aetatis populus virorum,</hi> lest mankinde
should expire in one generation; <hi>Adam</hi> being taught by God did not
allow the twins to marry, <gap reason="foreign">
                              <desc>〈 in non-Latin alphabet 〉</desc>
                           </gap>,
<hi>whom nature her self by their divided birth had separated and divided;</hi>
but appointed that <hi>Cain</hi> should marry the twin-sister of <hi>Abel,</hi> and <hi>Abel</hi>
should marry <hi>Azron</hi> the twin-sister of <hi>Cain:</hi> But <hi>Cain</hi> thought his own
twin-sister the more beautifull, and resolved to marry her. <hi>Adam</hi> there<g ref="char:EOLhyphen"/>fore
wished them to inquire of God by sacrifice; which they did: and
because <hi>Cains</hi> sacrifice was rejected, and his hopes made void, and his
desire not consented to, he kill'd his Brother <hi>Abel;</hi> whose twin-sister
afterwards fell to the portion of <hi>Seth,</hi> who had none of his owne. Upon
this occasion sacrifices were first offered.</q> Now whether God taught the
religion of it first to <hi>Adam,</hi> or immediately to <hi>Cain</hi> and <hi>Abel,</hi> yet it is
<pb n="472" facs="tcp:58903:265"/>
certain from the Apostle (upon whom we may relie, though upon the
tradition of the Easterlings we may not) that <hi>Abel</hi> did his religion from
the principle of faith; and therefore that manner of worshipping God did
not consist onely in manners, but in supernatural mystery; that is, all Ex<g ref="char:EOLhyphen"/>ternal
formes of worshipping are no parts of moral duty, but depend upon
divine institution and divine acceptance: and although any external rite
that is founded upon a natural rule of vertue may be accepted into religion,
when that vertue is a law; yet nothing must be presented to God but
what himself hath chosen some way or other. <hi>Superstitio est quando tradi<g ref="char:EOLhyphen"/>tioni
humanae Religionis nomen applicatur,</hi> said the Glosse [<hi>in Coloss.</hi> 2.]
when any tradition or invention of man is called <hi>Religion,</hi> the proper
name of it is <hi>superstition;</hi> that is, when any thing is brought into Religion
and is it self made to be a worship of God, it is a <hi>will-worship</hi> in the Cri<g ref="char:EOLhyphen"/>minal
sense. <hi>Hanc video sapientissimorum fuisse sententiam, legem neque
hominum ingeniis excogitatam,</hi>
                        <note place="margin">Lib 1. &amp; lib. 2. de legibus. Videl<gap reason="illegible" resp="#TECH" extent="2 letters">
                              <desc>••</desc>
                           </gap> dial. to de legibus.</note> 
                        <hi>neque scitum aliquod esse populorum, sed
aeternum quiddam, quod universum mundum regeret, imperandi prohiben<g ref="char:EOLhyphen"/>dique
sapientia. Ita principem legem illam, &amp; ultimam mentem esse dice<g ref="char:EOLhyphen"/>bant
omnia ratione aut cogentis aut vetantis Dei,</hi> said <hi>Cicero.</hi> Neither the
wit of man, nor the consent of the people is a competent warranty for any
prime law; for law is an eternal thing, fit to governe the world, it is the
wisdome of God commanding or forbidding. Reason indeed is the aptness,
the disposition, the capacity and matter of the eternal law; but the life
and forme of it is the command of God. <hi>Every plant which my Heavenly
Father hath not planted shall be rooted up.</hi> Some plants arise from seed, some
from slips and suckers, some are grafted, and some inoculated; and all
these will grow, and bring forth pleasing fruit; but if it growes wild,
that is, of its own accord, the fruit is fit for nothing, and the tree is fit
for burning.</p>
                  </div>
                  <div n="14" type="rule">
                     <head>RULE XIV. The Christian law both of Faith and Manners is fully
contained in the Holy Scriptures; and from
thence onely can the Conscience have divine
Warrant and Authority.</head>
                     <p>OF the perfection and fulness of the Christian law I have already given
accounts;<note place="margin">1.</note> but where this law is recorded, and that the Holy Scrip<g ref="char:EOLhyphen"/>tures
are the perfect and onely <hi>Digest</hi> of it, is the matter of the present
Rule, which is of great use in the <hi>Rule</hi> of <hi>Conscience;</hi> because if we know not
where our Rule is to be found, and if there can be several Tables of the
law pretended, our obedience must be by chance or our own choice, that
is, it cannot be obedience, which must be voluntary in the submission, and
therefore <hi>cannot be chance,</hi> and it must be determin'd by the superior,
and therefore <hi>cannot be our own antecedent choice,</hi> but what is chosen
for us.</p>
                     <p>That the Holy Scriptures of the Old and New Testament doe con<g ref="char:EOLhyphen"/>tain
the whole will and law of God is affirmed by the primitive Fathers,<note place="margin">2.</note>
                        <pb n="473" facs="tcp:58903:265"/>
and by all the reformed Churches; that the Scriptures are not a perfect
Rule of Faith and manners, but that Tradition is to be added to make it a
full repository of the Divine will, is affirmed by the Church of <hi>Rome.</hi> For the
establishing of the truth in this great rule and directory of Conscience, I
shall first shew, as matter of fact, that the Church of God in all the first
and best ages, when tradition could be more certain, and assent to it
might be more reasonable, did nevertheless take the Holy Scriptures for
their onely rule of faith and manners. 2. Next, I shall shew what use
there was of Traditions. 3. That the topick of traditions, after the con<g ref="char:EOLhyphen"/>signation
of the Canon of Scripture, was not onely of little use in any thing,
but false in many things, and therefore unsafe in all questions; and as the
world grew older, traditions grew more uncertain, and the argument from
tradition was intolerably worse.</p>
                     <p>1. That the first ages of the Church did appeale to Scripture in all their
questions,<note place="margin">3.</note> 
                        <hi>I appeale to these testimonies. S.</hi> Clemens <hi>of</hi> Alexandria <hi>hath
these excellent words,</hi>
                        <note place="margin">Clem. Alex. <gap reason="illegible" resp="#TECH" extent="2 letters">
                              <desc>••</desc>
                           </gap>onat. 7.</note> 
                        <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>,
It is not fit that we should simply
attend to the affirmatives of men, for our Nay may be as good as their Yea.
But if the thing be matter of faith, and not of opinion onely, let us not stay
for a testimony of man, but confirme our question by the word of God; which
is the most certain of all, or is indeed rather the onely demonstration. <hi>Now
that there may be no starting-hole from these words of the Saint, I onely
adde this, that it is plain from the whole order of his discourse that he
speakes onely of</hi> the word of God written. <hi>For the words before are these,</hi>
Doe they take away all demonstration, or doe they affirme that there is any?
I suppose they will grant there is some; unless they have lost their senses.
But if there be any demonstration, it is necessary that we make inquiry <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>,
and from the Scriptures to learne
demonstratively. <hi>And a litle after he addes,</hi> they that imploy their time about
the best things, never give over their searching after truth <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>,
untill from the Scriptures they have
got a demonstration. <hi>He speakes against the Gnosticks, who pretended to
secret traditions from I know not who: against them he advises Chri<g ref="char:EOLhyphen"/>stians</hi>
                        <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>, to wax old in the Scrip<g ref="char:EOLhyphen"/>tures,
<hi>thence</hi> to seek for demonstrations, <hi>and by that rule to frame our lives.</hi>
                     </p>
                     <p>S. <hi>Basil</hi> in his <hi>Ethics definit.</hi> 26. <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>,<note place="margin">4.</note>
                        <hi>whatsoever is done or said ought to be confirmed by the testimony of the
Divinely-inspired Scripture; both for the ful perswasion of the good, as also
for the condemnation of the evil:</hi> 
                        <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>, that is, <hi>every thing</hi>
that belongs to faith and manners, not every indifferent thing, but <hi>every
thing</hi> of duty; not every thing of a man, but <hi>every thing</hi> of a Christian;
not things of natural life, but of the supernatural. Which sense of his
words clearly excludes the necessity of tradition, and yet intends not to
exclude either liberty, or humane lawes, or the conduct of prudence.</p>
                     <p>5. To the like purpose is that of <hi>Origen: Debemus ergo ad testimonium
<pb n="474" facs="tcp:58903:266"/>
verborum quae proferimus in doctrina,</hi>
                        <note place="margin">in. Matth. <gap reason="illegible" resp="#TECH" extent="1 word">
                              <desc>〈◊〉</desc>
                           </gap>.</note> 
                        <hi>proferre sensum scripturae, quasi con<g ref="char:EOLhyphen"/>firmantem
quem exponimus sensum,</hi> we ought to bring Scripture for the
confirmation of our exposition: which words of his are very conside<g ref="char:EOLhyphen"/>rable
to those who are earnest for our admittance of traditive interpreta<g ref="char:EOLhyphen"/>tion
of Scriptures. Concerning which in passing by (because it will be no<g ref="char:EOLhyphen"/>thing
to the main inquiry, which is not how Scripture is to be understood,
but whether being rightly understood it be a sufficient rule of faith and
manners) I shall give this account: That besides there are (I mean in
matters of faith, not in matters ritual and of government) no such tra<g ref="char:EOLhyphen"/>ditive
commentaries; there being no greater variety and difference a<g ref="char:EOLhyphen"/>mongst
the ancient and modern writers commonly and respectively in
any thing than in their expositions of Scripture; no where so great liberty,
no where so little agreement; besides this, I say, that they are in commen<g ref="char:EOLhyphen"/>taries
of Scripture to be lookt upon as so many single persons, because
there was no publick authentick commentary any where, no assemblies in
order to any such expositions, no tradition pretended for the sense of
controverted places; but they us'd right reason, the analogy of faith, the
sense of the words, and the notice of the originals, and so they expounded
certainly or probably according as it hapned, according to that of S. <hi>Atha<g ref="char:EOLhyphen"/>nasius
Sunt verò etiam multi Sanctorum Magistrorum libri in quos si quis
incurrat assequetur quodammodo scripturarum interpretationem,</hi>
                        <note place="margin">O<gap reason="illegible" resp="#TECH" extent="1 letter">
                              <desc>•</desc>
                           </gap>a<gap reason="illegible" resp="#TECH" extent="1 letter">
                              <desc>•</desc>
                           </gap>. contra. Gentes.</note> There are
many bookes of the holy Doctors, upon which if one chance to light, he
may in some measure attain to the interpretation of the Scriptures. But when
they (according to <hi>Origens</hi> way here described) confirmed an exposition
of one place by the doctrine of another, then and then onely they thought
they had the <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap> the Scripture-demonstration, and a
matter of faith and of necessary belief, and that this was the duty of the
Christian Doctors,<note place="margin">in cap. 3. ep. Rom.</note> 
                        <hi>Origen</hi> does expressly affirme. <q>Afterwards, as
<hi>Pauls</hi> custome is he would verify from the holy Scriptures what he had
said; so also giving an example to the Doctors of the Church, that
what they speak to the people should not be of their own sense, but
confirmed by divine testimonies: For if he, such and so great an Apostle,
did not suppose his own authority sufficient warrant to his sayings, un<g ref="char:EOLhyphen"/>less
he make it appear that what he sayes is written in the Law and the
Prophets: how much more ought we little ones observe this, that we
doe not bring forth ours, but the sentences of the holy Spirit,</q> viz.
from Scripture; for that was the practice of <hi>S. Paul,</hi> whom he in this
place for that very thing propounds as imitable. And in pursuance of this
example and advice,<note place="margin">S. Cyril. Hie<g ref="char:EOLhyphen"/>rosol. <gap reason="illegible" resp="#TECH" extent="1 word">
                              <desc>〈◊〉</desc>
                           </gap>. 12. illumin to<g ref="char:EOLhyphen"/>rum.</note> S. <hi>Cyril</hi> expresses himself perfectly, <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>
attend not to my inventions; for you may possibly
be deceiv'd: but trust no words, <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>, unless thou
doest learne it from the Divine Scriptures. And more fully yet he speaks
in another place; speaking of faith in the H. Trinity he advises them to
<hi>retain that zeale in their mind, which by heads, or summaries is already lightly
expounded to you,</hi>
                        <note place="margin">Catech. 4. illuminat.</note> 
                        <hi>but if God grant, shall according to my strength be demon<g ref="char:EOLhyphen"/>strated
to you by Scripture,</hi> 
                        <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>.
<hi>For it behoves us not to deliver
so much as the least thing of the holy mysteries of faith without the Divine
Scriptures, nor to be moved with probable discourses. Neither give credit to
me speaking, unless what is spoken be demonstrated by the holy Scriptures:</hi>
                        <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>,
<hi>for that is the security of our faith which is deriv'd not from witty
<pb n="475" facs="tcp:58903:266"/>
inventions, but from the demonstration of divine Scriptures. Omne quod
loquimur debemus affirmare de scripturis Sanctis,</hi>
                        <note place="margin">in Psal. 89</note> said S <hi>Hierome,</hi> Every
thing that we speak we must prove it from the holy Scriptures; not every
thing absolutely but every thing of religion, every thing of faith and man<g ref="char:EOLhyphen"/>ners:
and if all this be not in the Scriptures, it can have no just authority.
<hi>Hoc quia de scripturis authoritatem non habet eâdem facilitate contemni<g ref="char:EOLhyphen"/>tur
quâ probatur,</hi>
                        <note place="margin">Idem in Matth cap. 23.</note> If it have not its warrant from Scripture, it may with as
much ease be despis'd as it was offered. Where though S. <hi>Hierom</hi> speakes
of a particular question, <hi>viz.</hi> whether <hi>Zecharias</hi> the son of <hi>Barachias</hi> were
the Father of <hi>John</hi> the <hi>Baptist;</hi> yet it could not have been applied to this
particular if it had not been true in the general, That every thing of religi<g ref="char:EOLhyphen"/>on
may be rejected that is not prov'd from Scripture.<note place="margin">Homil. in Psal. 95</note> But this is expressly
affirm'd by S. <hi>Chrysostome; Nam si quid dicitur absque Scripturâ auditorum
cogitatio claudicat,</hi> &amp;c. <hi>If any thing be spoken without Scripture the thought
of the hearers is lame; sometimes inclining to assent, sometimes declining;
sometimes rejecting the opinion as frivolous, sometimes receiving it as pro<g ref="char:EOLhyphen"/>bable:
but when a testimony of the Divine voice proceedes from Scripture,
it confirmes the speech of him that speakes, and the mind of him that heares.</hi>
And upon this account it was that S. <hi>Cyril</hi> of <hi>Alexandria,</hi> being to dispute
with <hi>Theodoret</hi> concerning some mysterious questions of Religion,<note place="margin">ad Euoptium.</note> refus'd
to conferre but from the fountains of Scripture. <hi>It became him</hi> (saies he)
<hi>being exercis'd in Scriptures, since his desire was to conferre with me about
divine mysteryes, to speak with us onely out of the Holy Scriptures, and so to
frame his discourse as becomes holy things.</hi> And I should wonder if <hi>Theo<g ref="char:EOLhyphen"/>doret</hi>
should doe otherwise:<note place="margin">Dialog. 1. cap. 6.</note> for he himself brings in the orthodox Chri<g ref="char:EOLhyphen"/>stian
saying to <hi>Eranistes,</hi> 
                        <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>
                        <hi>Tell not me of your logismes and
syllogismes: I rely upon Scripture alone.</hi> In which short sentence he makes
provision against all devices of mans inventing; but he establishes a remedy
and an affirmative that is equally strong against all pretension of traditions
besides Scripture, by saying that Scripture alone is the ground of his
confidence, the argument of his perswasion in matters of Religion. But
S. <hi>Austin</hi> establishes the same sufficient and onely rule of Scripture,<note place="margin">Contra Maxi<g ref="char:EOLhyphen"/>minum lib. 3. cap. 14.</note> and
by way of instance excludes the Authority of Councels. <hi>Sed nunc nec ego
Nicenum nec tu debes Ariminense tanquam praejudicaturus proferre Concilium.
Neque ego hujus authoritate neque tu illius detineris: Scripturarum authori<g ref="char:EOLhyphen"/>tatibus,
non quorumcunque propriis, sed utrisque communibus testibus, res
cum re, causa cum causa, ratio cum ratione concertet, I ought not to urge the
Nicene Council, nor you that of Ariminum; as prejudging the question on
either side. But let the causes be confronted, argument against argument,
matter against matter, thing against thing by the authorities of Scripture,
which are the witnesses common to us both.</hi> By which words, if S. <hi>Austins</hi>
affirmative can prevaile, it is certain that nothing ought to be pretended
for argument but Scripture in matters of Religion. For if a General
Council, which is the best witness of tradition, the best expounder of
Scripture, the best determiner of a question, is not a competent measure of
determination, then certainly nothing else can pretend to it, nothing but
Scripture. And if it be replied, that this is onely affirm'd by him in case
that two Councils are or seem contrary: I answer that if Councils can
be or seem contrary, so that wise and good men cannot competently insist
upon their testimony, it is certain a man may be deceived, or cannot justly
be determin'd by any topick but the words and consequences of Scripture;
<pb n="476" facs="tcp:58903:267"/>
and if this be the onely probation, then it is sufficient, that's certain. But
that will be a distinct consideration. In the mean time that which I intend
to perswade by these testimonies, is that the Fathers of the primitive
Church did in all their mysterious inquiries of religion, in all matters
of faith and manners, admit no argument but what was deriv'd from
Scripture.<note n="*" place="margin">
                           <p>
                              <gap reason="illegible" resp="#TECH" extent="1 span">
                                 <desc>〈…〉</desc>
                              </gap> &amp; remigant animi popul<gap reason="illegible" resp="#TECH" extent="1 letter">
                                 <desc>•</desc>
                              </gap>rum. Nemo vobis credat, nemo nobis: <gap reason="illegible" resp="#TECH" extent="1 span">
                                 <desc>〈…〉</desc>
                              </gap> sunt Judues si Christiani, de utra<gap reason="illegible" resp="#TECH" extent="1 letter">
                                 <desc>•</desc>
                              </gap>que parte dari non possunt, quia studtis <gap reason="illegible" resp="#TECH" extent="1 span">
                                 <desc>〈…〉</desc>
                              </gap> et Ju<gap reason="illegible" resp="#TECH" extent="1 letter">
                                 <desc>•</desc>
                              </gap>ex: si <gap reason="illegible" resp="#TECH" extent="1 word">
                                 <desc>〈◊〉</desc>
                              </gap>, non potest nosse Christiana secreta; si Judaus, inimi<gap reason="illegible" resp="#TECH" extent="1 letter">
                                 <desc>•</desc>
                              </gap>us est <gap reason="illegible" resp="#TECH" extent="1 span">
                                 <desc>〈…〉</desc>
                              </gap> Ergo in <gap reason="illegible" resp="#TECH" extent="1 span">
                                 <desc>〈…〉</desc>
                              </gap>: de coelo quarendus est Judex. Sed ut <gap reason="illegible" resp="#TECH" extent="1 span">
                                 <desc>〈…〉</desc>
                              </gap> cum <gap reason="illegible" resp="#TECH" extent="2 letters">
                                 <desc>••</desc>
                              </gap>beamus in E<gap reason="illegible" resp="#TECH" extent="2 letters">
                                 <desc>••</desc>
                              </gap>gelio testamentum? Optat. lib. 5. contr. Parmen.</p>
                           <p>
                              <gap reason="illegible" resp="#TECH" extent="1 span">
                                 <desc>〈…〉</desc>
                              </gap> didici hunc <gap reason="illegible" resp="#TECH" extent="1 word">
                                 <desc>〈◊〉</desc>
                              </gap> honoremque deferre, ut nullam eorum scribendo <gap reason="illegible" resp="#TECH" extent="1 span">
                                 <desc>〈…〉</desc>
                              </gap> ut quantalibet <gap reason="illegible" resp="#TECH" extent="1 span">
                                 <desc>〈…〉</desc>
                              </gap> polleant: non ideò verum putem quia ipsi <gap reason="illegible" resp="#TECH" extent="1 span">
                                 <desc>〈…〉</desc>
                              </gap> per illo<gap reason="illegible" resp="#TECH" extent="1 letter">
                                 <desc>•</desc>
                              </gap> auti<gap reason="illegible" resp="#TECH" extent="3 letters">
                                 <desc>•••</desc>
                              </gap> Canonico<gap reason="illegible" resp="#TECH" extent="1 letter">
                                 <desc>•</desc>
                              </gap>, vel probabilit <gap reason="illegible" resp="#TECH" extent="1 word">
                                 <desc>〈◊〉</desc>
                              </gap>, quod à veritate non abhorreat, persuadere <gap reason="illegible" resp="#TECH" extent="1 span">
                                 <desc>〈…〉</desc>
                              </gap> August <gap reason="illegible" resp="#TECH" extent="1 word">
                                 <desc>〈◊〉</desc>
                              </gap> 19. ad <gap reason="illegible" resp="#TECH" extent="1 word">
                                 <desc>〈◊〉</desc>
                              </gap>.</p>
                           <p>
                              <gap reason="illegible" resp="#TECH" extent="1 span">
                                 <desc>〈…〉</desc>
                              </gap>, quae Canonica in Ecclesia nominantur, perspiciuá aliquid firmatur authoritate, <gap reason="illegible" resp="#TECH" extent="1 span">
                                 <desc>〈…〉</desc>
                              </gap> est, Aliis vero testibus vel testimontis quibus aliquid credendum esse suadetur, tibi credere <gap reason="illegible" resp="#TECH" extent="1 span">
                                 <desc>〈…〉</desc>
                              </gap> &amp;c. Idem Epist. 112. Vide cundem libr. ad <gap reason="illegible" resp="#TECH" extent="1 span">
                                 <desc>〈…〉</desc>
                              </gap> 
                              <gap reason="illegible" resp="#TECH" extent="2 letters">
                                 <desc>••</desc>
                              </gap>llationem cap. 15. &amp; lib. de Unitate <gap reason="illegible" resp="#TECH" extent="1 span">
                                 <desc>〈…〉</desc>
                              </gap>.</p>
                        </note>
                     </p>
                     <p>2. Next to this and like it is,<note place="margin">6.</note> that <hi>the primitive Doctors did confute
all heresies from Scripture;</hi> which could no way be done, but that because
<hi>Rectum est index sui &amp; obliqui,</hi> that which is straight will demonstrate its
own straightness and the crookednesse of that which is crooked. Scrip<g ref="char:EOLhyphen"/>ture
must be a rule of all religion and all faith, and therefore sufficient to
reprove all vice and every heresy. So <hi>Tertullian</hi> discourses, <hi>Aufer haere<g ref="char:EOLhyphen"/>ticis
quae cum Ethnicis sapiunt,</hi>
                        <note place="margin">De <gap reason="illegible" resp="#TECH" extent="1 word">
                              <desc>〈◊〉</desc>
                           </gap> car<g ref="char:EOLhyphen"/>nis cap. 3.</note> 
                        <hi>ut de Scripturis solis quaestiones suas sistant,</hi>
Take from hereticks their Ethnic learning, that they may dispute their
questions out of Scripture onely. To this purpose <hi>Origen</hi> brings in the
precedent of our Blessed Lord,<note place="margin">T<gap reason="illegible" resp="#TECH" extent="1 letter">
                              <desc>•</desc>
                           </gap>act 23. in M<gap reason="illegible" resp="#TECH" extent="2 letters">
                              <desc>••</desc>
                           </gap>h.</note> from Scriptures confuting the heresy of
the <hi>Sadducees</hi> about the Resurrection. As Christ did, <hi>sic facient &amp; Christi
imitatores exemplis Scripturarum, quibus oportet secundum sanam doctrinam
omnem vocem obmutescere Pharaonis,</hi> So will the followers of Christ doe
by the examples of Scriptures, which will put to silence every voice of
<hi>Pharaoh;</hi> that is, every doctrine of the adversaries. Plainer yet are those
excellent words of S. <hi>Athanasius,</hi> speaking but of a small part of Scripture,
even so much as was sufficient to prove the articles of the Nicene Creed:
<gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>,<note place="margin">
                           <gap reason="illegible" resp="#TECH" extent="1 span">
                              <desc>〈…〉</desc>
                           </gap>
                        </note>
he sayes, <hi>That faith which the Fathers confessed at Nice, ac<g ref="char:EOLhyphen"/>cording
to the Holy Scriptures, was sufficient to reprove all</hi> [heretical] <hi>impiety,
and to establish our Religion or faith in Christ.</hi>
                        <note place="margin">Ho<gap reason="illegible" resp="#TECH" extent="3 letters">
                              <desc>•••</desc>
                           </gap>. 58. in Johan.</note> And therefore S. <hi>Chry<g ref="char:EOLhyphen"/>sostome</hi>
compares the Scriptures to a doore: <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>
….,
<hi>For they lead us to God, and open to us the knowledge of God, and
keep hereticks from entring in.</hi> The metaphor is dogmatical and plain
enough without a commentary. The Scripture must be the port at which
every article of faith must goe forth, and by which every heresy can be
kept from the fold of Christ.<note place="margin">Ad illud. ad docendum] in 2 <gap reason="illegible" resp="#TECH" extent="1 word">
                              <desc>〈◊〉</desc>
                           </gap>. 3. <gap reason="illegible" resp="#TECH" extent="1 word">
                              <desc>〈◊〉</desc>
                           </gap>.</note> 
                        <hi>Quae ignoramus ex ea discimus.</hi> So <hi>Theo<g ref="char:EOLhyphen"/>doret.
Whatsoever we are ignorant of, we learn from thence. Nihil est quod
nequeat Scripturis dissolvi.</hi> So <hi>Theophylact.</hi> There is no difficulty but may
be untied by the Scriptures.</p>
                     <p>The Author of the imperfect work upon S. <hi>Matthew,</hi>
                        <note place="margin">7.</note> usually attri<g ref="char:EOLhyphen"/>buted
to S. <hi>Chrysostome,</hi> discourses pertinently and extreme fully to this
article. <hi>Then [when ye shall see the abomination of desolation standing in
<pb n="477" facs="tcp:58903:267"/>
the holy place] that is, when ye shall see impious heresy, which is the army of
Antichrist, standing in the holy places of the Church, in that time [he which
is in Judaea let him flee to the mountains,] that is, they who are in Christi<g ref="char:EOLhyphen"/>anity,
let them run to the Scriptures. And why does he command all Christians
in that time to run to the Scriptures? Because ever since heresy did infest
those Churches, there can be no proof of true Christianity, nor any other refuge
for Christians who would know the truth of faith, but that of the Divine
Scripture.</hi> And a little after, <hi>Now by no meanes can he that desires, come
to know which is the true Church of Christ, but onely by the Scriptures….Our
Lord therefore knowing that there would be so great a confusion in the last
dayes, commands that all Christians who would be established in the truth of
faith should flye to nothing but to the Scriptures.</hi> These words in some edi<g ref="char:EOLhyphen"/>tions
of the works of S. <hi>Chrysostome</hi> are scratch'd out by a Roman hand,
to the regret of some of his own party, and the shame of them that suf<g ref="char:EOLhyphen"/>fered
it or are pleased with it. All that I shall say to the book is this, that
it is very often urg'd by the greatest patrons of tradition to serve their
ends in many other questions, and therefore cannot be rejected upon pre<g ref="char:EOLhyphen"/>tence
of not being S. <hi>Chrysostom's;</hi> much lesse upon pretence that it was
written or interpolated by an <hi>Arrian;</hi> because the <hi>Arrians</hi> call'd for
Scripture in the use of the word <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>, but for the thing it self they
offer'd to be tried by tradition: and so did the <hi>Catholicks,</hi> as it hapned,
or as the peevishness of their adversaries, or the advantages of the question
did prompt them; but the <hi>Catholicks</hi> and the <hi>Arrians</hi> never did differ
upon the question of the sufficiency of Scripture.<note place="margin">De script. Eccl. de S. Joh. Chrysost.</note> But as for the book, it
is <hi>liber doctus &amp; minimè spernendus,</hi> saies <hi>Bellarmine;</hi> and so is this testi<g ref="char:EOLhyphen"/>mony:
and the rather because it is perfectly agreeing with the doctrine of
the other Fathers.</p>
                     <p>So S. <hi>Augustine,</hi>
                        <note place="margin">8.</note> 
                        <hi>Contra insidiosos errores <gap reason="illegible" resp="#TECH" extent="2 letters">
                              <desc>••</desc>
                           </gap>us vol<gap reason="illegible" resp="#TECH" extent="1 letter">
                              <desc>•</desc>
                           </gap>it ponere firma<g ref="char:EOLhyphen"/>mentum
in Scripturis,</hi>
                        <note place="margin">Tract. 2. in Epist. Johan.</note> 
                        <hi>contra quas nullus audet l<gap reason="illegible" resp="#TECH" extent="1 letter">
                              <desc>•</desc>
                           </gap>qui qui quoquo modo se vult
videri Christianum,</hi> Against treacherous e<gap reason="illegible" resp="#TECH" extent="2 letters">
                           <desc>••</desc>
                        </gap>ors God would place our
strength in the Scriptures; against which none that would any way seem
a Christian dares to speak. And a little after he addes this example.
<hi>When Christ offered himself to Thomas to be handled,</hi> non illi suffecit nisi de
Scripturis confirmaret cor credentium, <hi>Christ thought <gap reason="illegible" resp="#TECH" extent="1 word">
                              <desc>〈◊〉</desc>
                           </gap> not enough unless
out of the Scriptures he had confirmed the heart of the believers:</hi> pro<g ref="char:EOLhyphen"/>spiciebat
enim nos futuros, <hi>He foresaw that we should come after: For if
they therefore believed because they held and handled him, what doe we?
Christ is ascended into heaven, not to return but at the end of the world that
he may judge the quick and the dead: whence shall <gap reason="illegible" resp="#TECH" extent="1 letter">
                              <desc>•</desc>
                           </gap>e bel<gap reason="illegible" resp="#TECH" extent="2 letters">
                              <desc>••</desc>
                           </gap>ve but by that
by which he confirm'd them who handled him? He opened unto them the
Scriptures</hi>] The Scriptures therefore are the great repository and the great
security of faith. They are also the great and the onely deletery of heresies.
So <hi>Justus Orgilitanus</hi> expounds that of the <hi>Canticles</hi> [take the little
foxes] that is, <hi>convincite haereticos eorúmque versutias sanctarum Scriptu<g ref="char:EOLhyphen"/>rarum
concludite testimoniis;</hi> convince hereticks, and restrain their subtle<g ref="char:EOLhyphen"/>ties
and crafts with the testimonies of Holy Scriptures. And thus in fact
the Fathers did conclude against the <hi>Gnosticks,</hi> the <hi>Valentinians,</hi> the <hi>Mar<g ref="char:EOLhyphen"/>cionites,</hi>
the <hi>Manichees,</hi> the <hi>Photinians,</hi> the <hi>Arrians,</hi> the <hi>Novatians, Euti<g ref="char:EOLhyphen"/>chians,
Eunomians, Nestorians, Macedonians,</hi> and all the pests of Christen<g ref="char:EOLhyphen"/>dome.
<hi>Hos percussit gladius.</hi> The word of God is <hi>sharper then a two-edged
sword;</hi> and the magazines of Scripture were the armories of the Church.</p>
                     <p>
                        <pb n="478" facs="tcp:58903:268"/>
3. <hi>The Fathers did reject whatsoever was offered as an article of faith
or a Rule of manners,</hi>
                        <note place="margin">9.</note> 
                        <hi>that was not in, or could not be proved from Scriptures.</hi>
So Tertullian,<note place="margin">
                           <gap reason="illegible" resp="#TECH" extent="1 letter">
                              <desc>•</desc>
                           </gap>. C<gap reason="illegible" resp="#TECH" extent="2 letters">
                              <desc>••</desc>
                           </gap> cap. 12.</note> 
                        <hi>Sed quoniam unum aliquod attigimus vacuae observationis,
non pigebit caetera quoque denotare, quibus meritò vanitas exprobranda est,
siquidem sine ullius aut Dominici aut Apostolici praecepti authoritate fiunt.
Hujusmodi enim non religioni, sed superstitioni deputantur, affectata &amp; coacta,
&amp; curiosi potius quam rationalis officii.</hi> If you cannot shew the authority of
a divine or Apostolical praecept, your office is not religion, but supersti<g ref="char:EOLhyphen"/>tion,
not a reasonable service, but curiosity, coaction or affectation. <hi>Pamelius</hi>
suppos'd these words to be very dangerous against Ecclesiastical Tradi<g ref="char:EOLhyphen"/>tions.
They are indeed against all such traditions as either were meere
matters of fact without command, or were postnate to the dayes of the
Apostles, of which nature are almost all now in reputation and practice
amongst the Romanists. But more ful yet and explicative of the former are
those other words of <hi>Tertullian</hi> against <hi>Hermogenes: Whether all things were
made of praeexisting matter,</hi>
                        <note place="margin">Cap. 22.</note> I have no where read, <hi>let the schoole of Her<g ref="char:EOLhyphen"/>mogenes
shew where it is written. Si non est scriptum, timeat Vae illud adjici<g ref="char:EOLhyphen"/>entibus
aut detrahentibus destinatum, If it be not written, let him fear the
curse of them that adde or detract to or from what is written in the Scriptures.</hi>
But S. <hi>Basil</hi> is yet more decretory:<note place="margin">Homil. de fide.</note> 
                        <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>,
<hi>It is a
manifest defection from the faith, and a conviction of pride, either to reject
any thing of what is written,</hi>
                        <note place="margin">In Asceticis, <gap reason="illegible" resp="#TECH" extent="1 word">
                              <desc>〈◊〉</desc>
                           </gap> 80.</note> 
                        <hi>or to introduce any thing that is not.</hi> And
therefore in pursuance of this great truth and measure of conscience, he
gives this rule, <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>,
<hi>Whatsoever is without Scripture, not dervi'd from thence, is not of faith,
and therefore is a sin:</hi> and therefore every such thing S. <hi>Austin</hi> accurses;
<hi>Siquis sive de Christo,</hi>
                        <note place="margin">Lib. 3. contra liter. Petiliani, cap. 6.</note> 
                        <hi>sive de ejus Ecclesia, sive de quacunque alia re quae
pertinet ad fidem vitámque nostram, non dicam si nos, sed, quod Paulus adjecit,
si Angelus de coelo vobis annunciaverit praeterquam quod in Scripturis legali<g ref="char:EOLhyphen"/>bus
&amp; Evangelicis accepistis, anathema sit,</hi> If any of us I will not say, but
if any Angel (for that S. <hi>Paul</hi> added) shall say any thing of Christ or of his
Church or of any other thing pertaining to faith and our life, except what
we have received from the Scriptures of the Law and the Gospels, let him
be Anathema. <hi>Scripturis non loquentibus quis loquetur?</hi>
                        <q> If the Scriptures
speak not,<note place="margin">De vocat. gen<g ref="char:EOLhyphen"/>tium in 20. tomo operum Ambros. l. 2. c. 3.</note> who will speak?</q> said S. <hi>Prosper.</hi> All things which are delive<g ref="char:EOLhyphen"/>red
to us by the Law and the Prophets and the Apostles we receive,
acknowledge and confesse, neither doe we inquire after any thing else:
For it cannot be that beside those things which are divinely spoken by
the divine oracles of the Old and New Testament, we should say or at
all think any thing of God.<note place="margin">lib. de Trinit. &amp; persona Christi.</note> So S. <hi>Cyril.</hi> These Fathers speak dog<g ref="char:EOLhyphen"/>matically,
generally and peremptorily: nothing but what is in Scripture;
nothing of God, nothing of Christ, nothing of his Church, nothing of
any thing else. Adde to these, that by their doctrine of the sufficiency and
sole use and necessity of Scripture in matters of Religion they doe exclude
by name every thing that pretends against Scripture.<note place="margin">Paschali 2.</note> So <hi>Theophilus
Alexandrinus; Daemonici spiritûs est instinctis sophismata humanarum men<g ref="char:EOLhyphen"/>tium
sequi, &amp; aliquid extra Scripturarum authoritatem sequi,</hi> It is the in<g ref="char:EOLhyphen"/>stinct
of the Devil to follow the inventions of mens minds, and to follow
any thing without the authority of the Scriptures. No devise, no wit,
no argument or invention of man is to be admitted into religion; nothing
but Scriptures: but neither may traditions be received. <hi>Quae absque au<g ref="char:EOLhyphen"/>thoritate
<pb n="479" facs="tcp:58903:268"/>
&amp; testimoniis Scripturarum quasi traditione Apostolicâ sponte reperi<g ref="char:EOLhyphen"/>unt
&amp; confingunt,</hi>
                        <note place="margin">In Agge. c. 1.</note> 
                        <hi>percutit gladius.</hi> So S. <hi>Hierome.</hi> These things which they
feign as if they were traditions Apostolical, the sword shall smite, if they
be without authority and testimonies from Scripture.<note place="margin">in Regni. bre<gap reason="illegible" resp="#TECH" extent="2 letters">
                              <desc>••</desc>
                           </gap> reg. 95.</note> And so S. <hi>Basil</hi>
to the Question, Whether new converts are to be accustomed to the Scrip<g ref="char:EOLhyphen"/>tures;
he answers, <hi>It is fit that every one should out of the Holy Scriptures
learn what is for his use; yea it is necessary,</hi> 
                        <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>,
<hi>both for the full cer<g ref="char:EOLhyphen"/>tainty
of godliness, and also that they may not be accustomed to humane tra<g ref="char:EOLhyphen"/>ditions.</hi>
Where it is observable, he calls all <hi>humane traditions</hi> that are not
in Scripture; for if there were any <hi>divine traditions</hi> which are not in Scrip<g ref="char:EOLhyphen"/>ture,
he ought to have advis'd the learning of them besides Scripture, for
the avoiding of traditions which are not divine: but the Scripture be<g ref="char:EOLhyphen"/>ing
sufficient for all, whatsoever is besides it is humane, and to be rejected.
I summe up this particular with an excellent discourse of the same Saint
to the same purpose:<note place="margin">in Reg. brev. reg. 1.</note> He asks a question, <hi>Whether it be lawful or profitable
to any one to permit himself to doe or to speak what himself thinkes right,
without the testimony of the Holy Scriptures.</hi> He answers (after the quo<g ref="char:EOLhyphen"/>tation
of many places of Scripture) <hi>Who therefore is so mad, that of him<g ref="char:EOLhyphen"/>self
he dare so much as in thought to conceive any thing, seeing he wants the
Holy and good Spirit for his guide, that he may be directed both in minde, in
word and in action into the way of truth, or that he would remain blind
without our Lord Jesus Christ who is the Sun of righteousness, &amp;c? But be<g ref="char:EOLhyphen"/>cause
of those things which are disputed amongst us some are determin'd by the
Commandement of God in holy Scripture, others are passed over in silence; as
for those things which are written, there is absolutely no power at all given to
any one, either to doe any of those things which are forbidden, or to omit any
of those things which are commanded: since our Lord hath at once denounc'd
and said, Thou shalt keep the word which I command thee this day, thou shalt
not adde to it, nor take from it. For a fearful judgment is expected and a
burning fire to devour them who dare any such thing. But as for those things
which are pass'd over in silence, the Apostle</hi> Paul <hi>hath appointed us a rule, say<g ref="char:EOLhyphen"/>ing,
All things are lawful to me, but all things are not expedient; all things
are lawful, but all things doe not edify: Let no man seek to please himself, but
every one anothers good. So that it is altogether necessary to be subject to God
according to his Commandement.</hi> The summe is this, Nothing is matter of
duty either in word or deed, in faith or manners, but what is written in the
Scriptures: whatsoever is not written there it is left to our liberty, and we
are to use it as all indifferent things are to be us'd, that is, with liberty and
with charity. Now if concerning such things as these there be any tradi<g ref="char:EOLhyphen"/>tions,
it matters not; they are no part of our religion, but to be receiv'd
like lawes of man, or customes, of which account is to be given in the
proper place.</p>
                     <p>4. The Fathers of the Church did affirme <hi>the Holy Scriptures to be a
sufficient and a perfect rule of faith and manners. Adoro Scripturae pleni<g ref="char:EOLhyphen"/>tudinem,</hi>
said <hi>Tertullian,</hi>
                        <note place="margin">Advers. Her<g ref="char:EOLhyphen"/>mogen. Cap, 22.</note> 
                        <hi>quae mihi &amp; factorem manifestat &amp; facta.</hi> I adore
the fulness of Scripture, which declares God and Gods works. His instance
is in one article, but that without the rest can be no fulness; as <hi>Virgils</hi>
Georgics cannot be full, because he tells a few things well of Bees and
tillage. But I will not chuse any authorities concerning which I need to
argue; there are enough that are extremely plain, affirmative and conclu<g ref="char:EOLhyphen"/>ding.
<pb n="480" facs="tcp:58903:269"/>
I instance in <hi>Irenaeus. Credere haec talia debemus Deo qui &amp; nos fecit,
rectissimè scientes qui Scripturae quidem perfectae sunt,</hi>
                        <note place="margin">Lib. 2. cap. 47.</note> 
                        <hi>quippe à verbo Dei
&amp; Spiritu ejus dictae,</hi> We know assuredly that the Scriptures are perfect,
for they are the word of God, and spoken by the spirit of God. But
therefore he advises,<note place="margin">Lib. 4. cap. 66.</note> 
                        <hi>Legite diligentius id quod ab Apostolis est Evangelium
nobis datum, &amp; legite diligentius Prophetas, &amp; invenietis universam actione<g ref="char:cmbAbbrStroke">̄</g>,
&amp; omnem doctrinam, &amp; omnem passionem Domini nostri praedicatam in ipsis,</hi>
Read the Gospel which the Apostles left us more diligently, read the Pro<g ref="char:EOLhyphen"/>phets
more diligently, and you shall finde declar'd in them all the doctrine
of Christ, all his action &amp; all his passion. By [<hi>universam actionem</hi>] he means
his life indefinitely, and in general: and certainly the New Testament
needs nothing to its being a perfect Rule, when it contains all Christs
doctrine,<note place="margin">Apud Theodo<g ref="char:EOLhyphen"/>ret. hist. Eccles. l. 1. c. 6. &amp; apud Gela<g ref="char:EOLhyphen"/>sium Cyzice<g ref="char:EOLhyphen"/>num in actis Concil. Nicen. l. 2. c. 7.</note> and all his story, viz. so far as concerns us. <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>,
said <hi>Constantine</hi> the Emperor. <hi>The Evan<g ref="char:EOLhyphen"/>gelical
books, and those of the Apostles, and the orcales of the old Prophets,
doe evidently teach us to believe those things which we ought to believe con<g ref="char:EOLhyphen"/>cerning
that which is divine.</hi> And therefore S. <hi>Athanasius,</hi> or whoever is the
Author of the Exhortation to the <hi>Monkes, Cura in canonicis ponenda est sa<g ref="char:EOLhyphen"/>lubriter
monumentis, non quod Apocrypha praesertim ignorata debeamus da<g ref="char:cmbAbbrStroke">̄</g>nare,
sed quod ad scientiam Dei digestam Canonis seriem putemus posse sufficere:</hi> Be
careful in reading the Canonical Scriptures; not that the apocryphal (espe<g ref="char:EOLhyphen"/>cially
before they are known) ought to be rejected, but that we suppose
the Canon is sufficient [<hi>to the knowledge of God.</hi>] The same with <hi>Constan<g ref="char:EOLhyphen"/>tines</hi>
                        <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>, <hi>that which is concerning God;</hi> that is, the religion. But
more full is that short sentence of S. <hi>Athanasius,</hi>
                        <note place="margin">Orat. contra Gentes in initio</note> 
                        <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>,
<hi>The holy and di<g ref="char:EOLhyphen"/>vinely-inspir'd
Scriptures are in themselves sufficient for the preaching or
enunciation of the truth.</hi>
                        <note place="margin">Homil. 9. in 2. T<gap reason="illegible" resp="#TECH" extent="1 letter">
                              <desc>•</desc>
                           </gap>m.</note> To the same purpose are the words of S. <hi>Chry<g ref="char:EOLhyphen"/>sostome;
If there be need to learn any thing, or to be ignorant of any thing,
thence we learn; if we would reprove falshood, thence we draw; if any thing be
wanting to correction, to castigation, to comfort, and that we ought to get it,
from thence we learn it.</hi> 
                        <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>,
<hi>Look for no other teacher,</hi>
                        <note place="margin">Homil. 9. in ep. Coloss.</note> 
                        <hi>thou hast the oracles
of God: none teaches thee like them.</hi> He that uses not the Scriptures, but
comes into the fold of Christ some other way, that is, appoints a way to
himself which the law [of God] hath not established, he is a thief. <hi>For
the Scriptures are like a most strong gate,</hi>
                        <note place="margin">Homil. 58. in Johan.</note> 
                        <hi>and keep out hereticks from entring,
and make us alltogether sure of all things whatsoever we will: [of all things]</hi>
that is, of all things of religion; for that is the subject of the discourse, and
explicitely delivered by him in another place.<note place="margin">Homil. 41. opi. <gap reason="illegible" resp="#TECH" extent="1 word">
                              <desc>〈◊〉</desc>
                           </gap>. in Matth.</note> 
                        <hi>Quicquid quaeritur ad salu<g ref="char:EOLhyphen"/>tem
totum jam adimpletum est in Scripturis,</hi> In the Scriptures fully there
is whatsoever is look'd for unto Salvation.<note place="margin">l. 2. c. 9. de doctri. Christi<g ref="char:EOLhyphen"/>ana.</note> And this is so express'd in an
excellent place of S. <hi>Austin, In iis quae apertè in Scripturis posita sunt inveni<g ref="char:EOLhyphen"/>untur
illa omnia quae continent fidem moresque vivendi, spem scil, atque cha<g ref="char:EOLhyphen"/>ritatem.</hi>
More fully yet was that of <hi>Abbat Odilo</hi> of the <hi>Cluniac</hi> order,
<hi>Omnis ratio quâ vel Deum vel nos cognoscimus,</hi>
                        <note place="margin">Collat. l. 1. c. 1.</note> 
                        <hi>divinis libris continetur,</hi> In
those things which are openly or plainly placed in the Scriptures all things
are to be found which contain faith, and the manners of life, viz. hope and
charity: every me asure or manner by which we know God or our
selves is contain'd in the divine books. What can be more plain or more
affirmative? But S. <hi>Austin</hi> sayes the same thing over and over; <hi>Legite
<pb n="481" facs="tcp:58903:269"/>
sacram scripturam in qua quid tenendu<g ref="char:cmbAbbrStroke">̄</g> &amp; quid fugiendum sit plenè invenietis,</hi>
                        <note place="margin">
                           <gap reason="illegible" resp="#TECH" extent="1 span">
                              <desc>〈…〉</desc>
                           </gap>.</note>
Read the holy Scriptures; in which ye shall [perfectly, or] fully find what
is to be held, what is to be avoided. And again, <hi>Sancta Scriptura nostrae
doctrinae regulam figit,</hi>
                        <note place="margin">
                           <gap reason="illegible" resp="#TECH" extent="1 span">
                              <desc>〈…〉</desc>
                           </gap> c. 1.</note> The Holy Scripture fixes or limits the rule of
our doctrine. <hi>In hoc volumine cuncta quae aedificant, omnia quae erudiunt, scripta
continentur,</hi>
                        <note place="margin">
                           <gap reason="illegible" resp="#TECH" extent="1 letter">
                              <desc>•</desc>
                           </gap>omil. 9. in <gap reason="illegible" resp="#TECH" extent="1 word">
                              <desc>〈◊〉</desc>
                           </gap>.</note> faith S. <hi>Gregory</hi> Bp. of <hi>Rome,</hi> In this volume whatsoever can
instruct us, whatsoever can edify us is contained. <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>,<note place="margin">lib. 1. de ortho fide c. 1.</note>
said S. <hi>Damascen; All things
delivered to us by the Law and the Prophets, the Apostles and Evangelists, we
receive and know and reverence, looking for nothing beyond these.</hi> 
                        <q>And to
bring in any thing that is a stranger to Scripture <hi>Theodoret</hi> calls it an ex<g ref="char:EOLhyphen"/>tinguishing
of the Spirit;<note place="margin">in Levit. q. 9.</note> something contrary to that duty whereby we
are oblig'd to stirre up the grace of God we have received. * For the
Church of Christ dwells in and possesses assemblies in all the world being
joyn'd by the unity of the Spirit, and hath cities of the Law and the Pro<g ref="char:EOLhyphen"/>phets,
of the Gospel and Apostles, she departs not out of her own bounds,
that is,<note place="margin">in Michae. c. 1.</note> from the Holy Scriptures, but retains her first possession.</q> So S.
<hi>Hierome.</hi> And in his commentary on <hi>Psal.</hi> 86. (if he be the Author of it, as
<hi>Rupertus</hi> affirmes,) expounding those words, <hi>Dominus narrabit in Scriptura
populorum &amp; principum horum qui fuerunt in ea,</hi> he sayes, <q>[<hi>Et principum]
hoc est Apostolorum &amp; Evangelist arum: [horum qui fuerunt in ea] videte quid
dicat, Qui fuerunt, non qui sunt, ut exceptis Apostolis, quodcunque aliud postea
dicitur, abscindatur, non habeat postea autoritatem. Quam vis ergo Sanctus sit
aliquis post Apostolos, quamvis disertus sit, non habet autoritatem, quoniam
Dominus narrat in Scriptura populorum &amp; principum qui fuerunt in ea.</hi> The
Princes of the people] that is, the Apostles and Evangelists: [of them
which have been in her] which have been, not which are in her; that
excepting what the Apostles say, every thing after them may be cut off, it
hath after them no authority. For if there be any wise man, any Saint
after the Apostles, he hath no authority; because our Lord saith in the
Scripture or writing of the princes that have been in her. <hi>Sufficit Divina
Scriptura ad faciendu<g ref="char:cmbAbbrStroke">̄</g> eos qui in illa educati sunt sapientes, &amp; probatissimos, &amp;
sufficientissimam habentes intelligentiam; indigemusque ad hoc prorsus nihil
externis Magistris.</hi>
                        </q>
                        <note place="margin">lib. 7. contra Julian.</note> So S. <hi>Cyril</hi> of <hi>Alexandria.</hi> 
                        <q>The divine Scripture is suf<g ref="char:EOLhyphen"/>ficient
to make them who are educated in it wise and most approv'd and
having a most sufficient understanding, and be sides this we need no exter<g ref="char:EOLhyphen"/>nal
Masters.<note place="margin">lib. 8. anagogi<g ref="char:EOLhyphen"/>cae contempl. in Hexaeme<g ref="char:EOLhyphen"/>ron.</note> To the same purpose is that of <hi>Anastasius</hi> of <hi>Antioch, Quòd quae
silentio praeteriit Scriptura divina non sint scrutanda, perspicuum: Omnia enim
quae faciunt ad nostra<g ref="char:cmbAbbrStroke">̄</g> utilitatem dispensavit &amp; administravit Spiritus sanctus:</hi>
It is manifest that those things are not to be inquir'd into which the
Scripture hath pass'd over with silence. For the holy Spirit hath dispen<g ref="char:EOLhyphen"/>sed
to us and administred all things which conduce unto our profit. <hi>Quic<g ref="char:EOLhyphen"/>quid
est de verbo Dei,</hi>
                           <note place="margin">Rupert. Abbas Tuitiensis Comment. in lib. Regum. l. 3. c. 12.</note> 
                           <hi>quicquid sciri vel praedicari oportet, de Incarnatione,
de vera Divinitate &amp; Humanitate filii Dei, duobus ita continetur Testamen<g ref="char:EOLhyphen"/>tis,
ut extra haec nihil sit quod annunciari debeat aut credi. Totum in his
comprehenditur coeleste oraculum, quod tam firmiter scire debemus, ut extra
haec audire neque hominem nobis liceat, neque Angelum.</hi>
                        </q>  Whatsoever is
of the word of God, whatsoever ought to be known or preached of the
Incarnation, of the true Divinity and Humanity of the Son of God, is
so contain'd in both the Testaments, that besides these there is nothing
that may be believ'd or preach'd. All the whole celestial oracle is
<pb n="482" facs="tcp:58903:270"/>
comprehended in these, which we must so firmely believe, that besides
these it is not lawful for us to hear either Man or Angel: and indeed
it were not to be imagin'd how the Scripture should be a Canon or Rule
to Christians, if it were so imperfect that it did not contain the measures
of faith and manners. <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>,
said <hi>Varinus, A Rule or Canon is an unerring
measure, which at no hand can receive addition or suffer diminution.</hi> And
S. <hi>Basil</hi> reproved the heretick Eunomius for folly besides his false doctrine,<note place="margin">Lib. 1. contr. Eunomium.</note>
because that he affirm'd tradition of the Fathers to be the Gnomon or
Canon of faith, and yet said <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>, <hi>that it wanted some
additament</hi> to make it exact; one part contradicts the other. <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>,
saith S.
<hi>Chrysostome,</hi>
                        <note place="margin">Homil. 12. in 3. Philip.</note> 
                        <hi>If anything be put to it, or taken from it, it ceases to be a Canon.</hi>
And therefore Scriptures are not the Christian Canon, they are not Cano<g ref="char:EOLhyphen"/>nical,
if they need to be supplied by traditions. The same is also affirmed
by <hi>Oecumenius,</hi> and the very words of <hi>Chrysostome</hi> are transcrib'd by <hi>Theo<g ref="char:EOLhyphen"/>phylact.</hi>
                     </p>
                     <p>5. Whatsoever Christ taught to his Apostles by his Sermons and by his
Spirit,<note place="margin">11.</note> all that the Apostles taught to the Church, and set it down in writing.</p>
                     <p>This we learn from S. <hi>Irenaeus,</hi>
                        <note place="margin">Lib. 3. cap. 1.</note> 
                        <hi>Non per alios dispositionem salutis nostrae
cognovimus quàm per eos per quos Evangelium pervenit ad nos, quod quidem
hinc praeconiaverunt, postea verò per Dei voluntatem in Scripturis nobis
tradiderunt, fundamentum &amp; columnam fidei nostrae futurum. We have
known the Oeconomy of our salvation by no other but by those by whom the
Gospel came to us; which truly they then preach'd, but afterwards by the will
of God deliver'd to us in the Scriptures, which was to be the pillar and ground
to our faith:]</hi> viz. what the Church was afterwards to minister, the
Scriptures did consigne, and both of them were pillars and grounds of faith,
the Church <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>, the Scriptures <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>, the Church by way of
Ministery,<note place="margin">Tract. 49. in Johan.</note> the Scriptures by their Authority. To this purpose are those
words of S. <hi>Austin, Cum multa fecisset Dominus Jesus, non omnia scripta
sunt, sicut idem ipse sanctus Evangelista testatur, multa Dominum &amp; dixisse
&amp; fecisse quae scripta non sunt: electa sunt autem quae scriberentur quae saluti
credentium sufficere videbantur. Our Lord Jesus did doe many things which
are not written; and the Holy Evangelist does witness that he both did and
spake many things which are not written: but those things which were seen
to suffice to the salvation of believers were chosen to be written.</hi> And therefore
S. <hi>Austin</hi> and <hi>Optatus</hi> compare the Scriptures to the Will of the Testator:<note place="margin">Exposit. 2. Psal. 21. contr. Par<g ref="char:EOLhyphen"/>men. l. 5.</note>
concerning his goods the kinred may strive, one affirming this, and ano<g ref="char:EOLhyphen"/>ther
that; but <hi>proferte tabulas,</hi> shew the Will, peruse the writings; then
the Judge listens, the Advocates are silent, the people are in suspence,
the litigants wait: let The testators words be read, that must end all con<g ref="char:EOLhyphen"/>tention. Now
this Will was therefore consign'd in writing, that when our
Testator was gone from us we might not doubt concerning his Legacies and
his Commandments. The same is by <hi>Nicephorus</hi> particularly affirm'd
of S. <hi>Paul,</hi>
                        <note place="margin">Lib. 2. Hist. cap. 34.</note> 
                        <hi>Quae praesens oratione suâ dilucidè docuerat, eadem per compen<g ref="char:EOLhyphen"/>dium
absens in memoriam revocans per epistolas dedit. The things which he
plainly and explicitely preach'd, he being absent, to recal into their memory
what he had delivered, set them down in his Epistles as in a summary.</hi> And S.
<hi>Peter</hi> having (as appeares in his Epistle) promised to doe something to
<pb n="483" facs="tcp:58903:270"/>
put them in mind after his decease (meaning to remind them of the
doctrine delivered) caused S. <hi>Mark</hi> to write his Gospel.</p>
                     <p>Thus I have sufficiently demonstrated the Rule so far as this topick
can extend;<note place="margin">12.</note> that is by matter of fact, and the doctrine of the Church.
For if Tradition be regardable, then that the Scriptures are a sufficient and
a perfect Rule of Faith and Manners is competently prov'd by that which
our adversaries in this question pretend to regard: but if Tradition be not
considerable, then the Scriptures alone are; and there is indeed no Tradi<g ref="char:EOLhyphen"/>tion
so clear, so regular, so unreprovable as those which are concerning
Scripture. That these books are Scripture, that is, the written word of God,
and that the written word of God is all that we have of Gods will, is
universally delivered by the Christian, and of that which of late is questi<g ref="char:EOLhyphen"/>on'd
I have given a specimen: for if the concurrent testimony of so many
Fathers cannot perswade this article, then the topick of Tradition will be
wholly useless in all questions; but if they can, as indeed they ought in
this question, then we are fix'd upon this great rule of Conscience; the
Holy Scriptures are the great Rule of Conscience both in doctrines of
Faith, and in doctrines of Manners.</p>
                     <p>2. The next inquiry is what use there is of Traditions,<note place="margin">13.</note> and if they
cannot be a part of the Rule, what aides doe they bring to the Conscience
in faith or manners.</p>
                     <p>1. To this I answer,<note place="margin">14.</note> that Tradition is of great use for the conveying
of this great Rule of Conscience, the Holy Scriptures of the Old and New
Testament. For when I affirm that the Holy Scriptures are a perfect rule
of faith and manners, that is, that they contain all the word of God; it is
to be understood, that it is a rule, a perfect rule to them who believe them
to be the word of God. For the question is not whether Scriptures be a
Rule, but whether they be a <hi>perfect</hi> Rule: not whether they be the word of
God, but whether they be all the word of God that is of necessity to be
preach'd to the Church. So that the Traditions concerning Scripture it self,
being extrinsecal to Scripture, are also extrinsecal to the question: and sup<g ref="char:EOLhyphen"/>posing
that Tradition were the onely instrument of conveying Scripture to
us; yet that Tradition must not, cannot possibly be any part of the question,
for Scripture must be suppos'd as deliver'd to us and accepted for the word
of God, before we can inquire whether this Scripture so delivered be all
the word of God or no. And indeed Tradition of Scripture is the hand
that reaches forth this repository of the Divine word, but it self is not di<g ref="char:EOLhyphen"/>rectly
any part of it; it ministers to the will of God, but is no part of the
matter of it: and therefore the common pretence for the necessity of Tra<g ref="char:EOLhyphen"/>dition
besides Scripture (because by universal Tradition we understand
these to be the books of Scripture) will come to nothing; because the
question of the plenitude of Scripture is after the admission of that tradition
which reports Scripture to us to be the word of God: but it matters not
how or why we believe it, whether by universal or particular Tradition,
whether because my Priest tells me so or my Father, whether I am brought
into it by reason or by education, by demonstrative or by probable induce<g ref="char:EOLhyphen"/>ments:
if it be believed heartily it is sufficient; and then it is that we
affirme the Scriptures so believ'd to be the word of God, to be a perfect
Rule of all that we are to think or speak or doe in order to Salvation.</p>
                     <p>
                        <pb n="484" facs="tcp:58903:271"/>
2. Besides this,<note place="margin">15.</note> to inquire of what use traditions are is to no purpose
for us, for there is no tradition of any doctrine of Faith or Rule of life
but what is in Scripture; but if there were, Traditions would be of the
same use as Scripture is, if the tradition were from Christ and his Apostles,
and were as <hi>certain,</hi> as <hi>universal,</hi> as <hi>credible</hi> as that is by which we are told
that Scripture is the word of God. For the word which is now written was
first delivered, that which is now Scripture was at first tradition; and
because it was afterwards call'd so, it hath been made use of by these per<g ref="char:EOLhyphen"/>sons,
who, knowing that the change of words in descending Ages is least
discerned by mankind, and that from words which are fewer then things
most advantages can be made by them who love every thing better then
truth, have pretended every saying of the Scripture and Fathers, in which
Tradition is us'd, to be a competent argument of the imperfection of Scrip<g ref="char:EOLhyphen"/>ture,
and of the necessity of a supply to be made by tradition.</p>
                     <p>
                        <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>, <hi>Tradition,</hi>
                        <note place="margin">16.</note> is any way of communicating the notice of a
thing to us: <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>,
<hi>I have delivered to you that Christ died for our sins.</hi> But this tradition is
also in Scripture: so S. <hi>Paul</hi> addes that Christ died for our sins, <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>
                        <hi>according to the Scriptures;</hi>
                        <note place="margin">
                           <gap reason="illegible" resp="#TECH" extent="1 word">
                              <desc>〈◊〉</desc>
                           </gap> 15.</note> and he commands the <hi>Thessalonians</hi>
to preserve the traditions which they had learned from his mouth or from
his hand, from his preaching or his writings: and this use of the word
continued in the Church for divers Ages, even till all traditions that were
not in Scripture were lost, or made uncertain. <hi>Si ergo aut Evangelio prae<g ref="char:EOLhyphen"/>cipitur,</hi>
                        <note place="margin">Epist. 74. ad Pompei.</note>
                        <hi>aut in Apostolorum epistolis aut actibus continetur….observetur
divina haec &amp; sancta traditio.</hi> So S. <hi>Cyprian. If this be commanded in the
Gospel, or be contained in the Epistles or Acts of the Apostles, let this Divine
and holy tradition be observed.</hi> Such was that which S. <hi>Basil</hi> calls <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>
                        <hi>the tradition of baptisme,</hi>
                        <note place="margin">
                           <gap reason="illegible" resp="#TECH" extent="2 letters">
                              <desc>••</desc>
                           </gap>b. 3. contra <gap reason="illegible" resp="#TECH" extent="1 word">
                              <desc>〈◊〉</desc>
                           </gap>.</note> 
                        <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>,
<hi>Our Lord him<g ref="char:EOLhyphen"/>self
having delivered or given the order in the tradition of baptisme.</hi> And
S. <hi>Irenaeus</hi> calls it a tradition Apostolical, <hi>Christum accepisse calicem, &amp;
dixisse sanguinem suum esse, &amp;c. That Christ tooke the cup, and said it
was his blood; and that the Barbarians did diligently keep the tradition, Cre<g ref="char:EOLhyphen"/>dentes
in unum Deum &amp; in Christum qui natus est ex Virgine,</hi>
                        <note place="margin">Lib. 3. cap. 4.</note> 
                        <hi>believing in
one God and in Christ who was born of a Virgin.</hi> Such traditions as these
the whole Church had before the consignation of Scripture-Canon, and
she retain'd them better by help of the Scriptures. Tradition is a giving
or delivering of it; and so long as it is a tradition of God, it is well
enough: but if it comes to be <hi>your traditions,</hi> there is in them nothing of
Divinity, nothing of that authority which is to prescribe in faith and
holiness. So that in short the thing is this;</p>
                     <p>If God by his Son or by his Apostles, or any way else, hath taught his
Church, there is no disputing of it, let it be made appear that it is a tra<g ref="char:EOLhyphen"/>dition
of God, whether written or unwritten, it matters not. If it cannot
be made to appear, then <hi>idem est non esse &amp; non apparere,</hi> it is not obliging
to us: we cannot follow the light of a candle that is hid in a dark lan<g ref="char:EOLhyphen"/>thorn,
or thrust into a bushel. But that there is nothing of Faith and
manners which the Church of God ever did hold necessary, or ought
to have held necessary, but what is in the Scriptures, I have already
largely prov'd, and shall in the consequents illustrate with other collateral
lights.</p>
                     <p>
                        <pb n="485" facs="tcp:58903:271"/>
In the mean time it ought to be known that in the first ages of the
Church the Fathers disputing with Hereticks did oftentimes urge against
them the constant and universal tradition of the Church<g ref="char:punc">▪</g>
                        <note place="margin">17.</note> and it was for
these reasons. 1. Because the Hereticks denied the Scriptures: so did the
<hi>Manichees</hi> reject the four Gospels; <hi>Ebion</hi> received onely S. <hi>Matthews</hi> Gospel,
<hi>Cerinthus</hi> onely <hi>S. Mark, Marcion</hi> onely <hi>S. Luke,</hi> and not all of that, <hi>Valenti<g ref="char:EOLhyphen"/>nus</hi>
none but <hi>S. John,</hi> but the <hi>Alogi</hi> received all but that; <hi>Cerdo, Cherinthus,
Tatianus</hi> and <hi>Manichaeus</hi> rejected the acts of the Apostles; the <hi>Ebionites</hi>
all <hi>S. Pauls</hi> Epistles; the Church of <hi>Rome</hi> for a long time rejected the Epi<g ref="char:EOLhyphen"/>stle
to the <hi>Hebrews,</hi> so did <hi>Marcion;</hi> others also refus'd to admit the Epistles
of <hi>S. James</hi> and <hi>S. Jude,</hi> the second of <hi>S. Peter,</hi> the second and third of
<hi>S. John,</hi> as we learn from<note n="a" place="margin">Lib. 3. hist. cap. 25.</note> 
                        <hi>Eusebius</hi> and <hi>S.</hi>
                        <note n="b" place="margin">Lib. de viris illustr.</note> 
                        <hi>Hierom.</hi> Now to such men as
these, and in all the interval till the whole Canon was consign'd and accep<g ref="char:EOLhyphen"/>ted,
it was of great use to alledge Tradition, especially because the doctrine
of the Scriptures was intirely and holily preach'd in all the Apostolical
Churches, and by the known and universally preached doctrines they
could very well refute the blasphemies of wicked and heretical persons<g ref="char:punc">▪</g>
But in all this here is no objection, for all this tradition was nothing else
but the doctrine of the holy Scriptures.</p>
                     <p>2. The hereticks did rely upon this topick for advantage,<note place="margin">18.</note> and would be
tried by Tradition; as hoping because there were in several Churches con<g ref="char:EOLhyphen"/>trary
customes, there might be differing doctrines, or they might plausibly
be pretended; and therefore the Fathers had reason to urge tradition, and
to wrest it from their hands, who would fain have us'd it ill. Thus did the
<hi>Carpocratians</hi> in <hi>Irenaeus,</hi>
                        <note place="margin">Lib. 2. cap. 2.</note> 
                        <hi>When they are reprov'd from Scripture, they accuse
the Scriptures, as if they were not right, as if they had no authority, as if
from them truth could not be found by them that know not tradition:</hi>
                        <note place="margin">Lib. 2. cap. 24.</note> For
they affirme that <hi>Jesus spake some things in mystery to his Disciples apart,
and that they requir'd that they might deliver them to the worthy, and to
them that would assent to them.</hi>
                        <note place="margin">Hist. lib. 5. c. 27.</note> Upon this pretence <hi>Arte<gap reason="illegible" resp="#TECH" extent="2 letters">
                              <desc>••</desc>
                           </gap>
                        </hi> expos'd his
errors, saith <hi>Eusebius,</hi> and <hi>Papias</hi> introduc'd the <hi>Millenary</hi> heresy; and by
tradition the <hi>Arians</hi> would be tried,<note place="margin">S. Basil. l. 2. contr. Eunom Tract. 97. in Johan.</note> and <hi>S. Basil</hi> was by them challeng'd
in an appeal <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap> 
                        <hi>to custome</hi> or <hi>tradition</hi> and by this <hi>Eunomius</hi>
did suppose he had prevail'd; and <hi>S. Austin</hi> affirm<gap reason="illegible" resp="#TECH" extent="2 letters">
                           <desc>••</desc>
                        </gap> that all the most
foolish hereticks pretend for their most senseless figments those words of
our Blessed Saviour [<hi>I have yet many things to say unto you, but ye cannot
beare them now.</hi>] And to this purpose was that which the <hi>Basilidians</hi> did
affirme, that the mysteries of their sect were no things of publike notice,
but conveyed in secret. Now to such as these there were <gap reason="illegible" resp="#TECH" extent="1 word">
                           <desc>〈◊〉</desc>
                        </gap> two wayes of
confutation: one was, which they most insisted upon, that the Holy Scrip<g ref="char:EOLhyphen"/>tures
were a perfect rule of faith and manners, and that there was no need
of any other tradition; the other, that the traditions which they pretended
were false, and that the contrary was the doctrine which all the Churches
of God did preach alwaies. Now thus far Tradition was useful to be plead<g ref="char:EOLhyphen"/>ed;
that is, though the hereticks would not admit the doctrine of Christi<g ref="char:EOLhyphen"/>anity
as it was consign'd in Scripture, yet they might be convinc'd that
this was the doctrine of Christianity because it was also preach'd by all
Bishops and confess'd by all Churches. But in all these contests the Fa<g ref="char:EOLhyphen"/>thers
did not pretend to prove by Tradition what they could not prove by
Scripture; but the same things were preach'd which were written, and
no other articles of Faith, no other rules and measures of good life: onely
<pb n="486" facs="tcp:58903:272"/>
because they did not consent in the authority of one instrument, they ought
to be convinc'd by the other.</p>
                     <p>3. There is yet one use more of Traditions,<note place="margin">19.</note> but it is in Rituals, and in
such instances concerning which <hi>S. Paul</hi> wrote to the <hi>Corinthians</hi> these
words [<hi>The rest will I set in order when I come.</hi>] Such are, 1. <hi>The observa<g ref="char:EOLhyphen"/>tion
of the Lords day,</hi> solemnly once a year, and lesse solemnly once a week,
that is, the feast of Easter, and the weekly Sunday; 2. <hi>The Government of
the Church by Bishops,</hi> which is consign'd to us by a tradition greater then
some books of Scripture, and as great as that of the Lords day: and that so
notorious, that thunder is not more heard then this is seen in all the monu<g ref="char:EOLhyphen"/>ments
of Antiquity; 3. <hi>Offices Ecclesiastical to be said and done by Ecclesia<g ref="char:EOLhyphen"/>stical
persons:</hi> such as are the publick Prayers of the Church, the conse<g ref="char:EOLhyphen"/>cration
of the blessed Eucharist, the blessing of the Married paires and
joyning them in the holy and mysterious rite of Marriage, the con<g ref="char:EOLhyphen"/>secration
of Bishops by Bishops onely, and of Priests by Bishops and
Presbyters, though for this last there is not so universal tradition,
<hi>that</hi> every where requiring the imposition of the Bishops hand, and
but in some places requiring the assistance of the Presbyters. These
three are the most Universal and Apostolical traditions, which although
they also have great grounds in Scripture, yet because the universal
practice and doctrine of the Church of God in all Ages and in all Chur<g ref="char:EOLhyphen"/>ches
primitive is infinitely evident and notorious, less liable to exception,
and an apt Commentary upon the certain but less evident places of Scrip<g ref="char:EOLhyphen"/>ture,
therefore these may be plac'd under the protection of universal Tra<g ref="char:EOLhyphen"/>dition;
for they really have it beyond all exception. And although in these
the Scripture is sufficient to all wise and good men, to all that are willing
to learn and obey, and not desirous to make Sects and noises; yet because
all men are not wise and good &amp; dis-interess'd, Tradition in these things is to
Scripture as a Burning-glass to the Sun, it receives its raies in a point, and
unites their strength, and makes them burn as well as shine, that is, it makes
them doe that which in their own nature they are apt to doe, and from
doing which they are onely hindered accidentally.</p>
                     <p>By these instances it is evident that we ought not to refuse Tradition
when it is universal,<note place="margin">20.</note> nor yet believe that in any thing of great concernment,
though it be but matter of rite and government, the Scripture is defective;
for in these things we admit Tradition to be the Commentary, but Scrip<g ref="char:EOLhyphen"/>ture
to be the Text:<note place="margin">Lib 5 c. 20.</note> 
                        <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>, as <hi>Irenaeus</hi> in <hi>Eusebius</hi> ex<g ref="char:EOLhyphen"/>presses
it, <hi>all</hi> must be <hi>agreeable to Scripture.</hi> And although a tradition so
absolutely universal as these, were a warranty greater then any objection
can be against them, and were to be admitted though they had not express
authority in Scripture, as all these have; yet that even these things also
are in Scripture, is a very great argument of the perfection of it.</p>
                     <p>For all other things the Scripture is abundant,<note place="margin">21.</note> and whatever else
is to be us'd in the Externals and appendages of Religion the authority of
the Church is a sufficient warranty, as I shall prove in it's proper place.
But if in these Externals there be a tradition, according to the degree of
it's antiquity and universality, so it puts on degrees of reasonableness, and
may be us'd by any Age of the Church: and if there be nothing supervening
that alters the case, it is better then any thing that is new; if it be equally
fit, it is not equally good, but much better.</p>
                     <p>
                        <pb n="487" facs="tcp:58903:272"/>
This is all use which is by wise and good men made of Traditions,<note place="margin">22.</note>
and all the use which can justly be made by any man; and besides the
premisses this will be yet further apparent, That although there are some
universal practices which ever were and still are in all Churches, which are
excellent significations of the meaning of these Scriptures, where the
practices are less clearly injoyn'd, yet there are no traditive Doctrines
distinct from what are consign'd in Scripture. And this I shall represent in
the third particular which I promised to give account of, viz.</p>
                     <p>That the topick of Tradition,<note place="margin">23.</note> after the consignation of the Canon of
Scripture, was not onely of little use in any question of Faith or Manners,
but falsely pretended for many things, and is unsafe in all questions of
present concernment.</p>
                     <p>In order to the proof of this,<note place="margin">24.</note> I divide the great heap of Traditions,
which are shovel'd together by the Church of <hi>Rome,</hi> into three little heaps:
1. of things necessary or matters of Faith, 2. of things impertinent to the
Faith and unnecessary, 3. of things false.</p>
                     <p>The Traditions of things necessary,<note place="margin">25.</note> are the Trinity of Persons, the
consubstantiality of the Eternal Son of God with his Father, the Bap<g ref="char:EOLhyphen"/>tisme
of infants, the procession of the Holy Ghost from the Son, and Ori<g ref="char:EOLhyphen"/>ginal
sin, that the Father was not begotten, that the Holy Ghost is God,
and to be invocated, that Baptisme is not to be reiterated, that in Christ
there are two natures and one person. Now that these be appertaining to
the Faith, I easily grant; but that the truth of these articles and so much of
them as is certain or necessary is also in Scripture, I appeal to all the books
of the Fathers, and of all moderns who doe assert them by testimonies from
Scripture. <hi>Quicquid sciri vel praedicari oportet de Incarnatione, de vera
Divinitate atque humanitate filii Dei, duobus ita continetur Testamentis, ut
extra haec nihil sit quod annunciari debet aut credi,</hi> said <hi>Rupertus Abbas,</hi> as
I before quoted him.<note place="margin">De author. S. Script. l. 3. p. 53 Tom. 1. contr 1. de verbo Dei cap. 19. In colloq. Ra<g ref="char:EOLhyphen"/>tisbon. lib. 3. c. 3. contre le Roy Jaques, &amp; l. 2. c. 7. de Euchar. cont. Du Plessis &amp; cap. 5. obser. 4. Resp. ad quaest. 9. Jacobi Regi<gap reason="illegible" resp="#TECH" extent="1 letter">
                              <desc>•</desc>
                           </gap> Epiphaen. haere. 69.</note> All the mysteries of Christs nature and person, of
his humanity and Divinity are clearly set down in both Testaments. But
they are not clearly reported in Tradition: the Fathers having sometimes
spoken in these articles more in the Arian then in the Catholick style,
say <hi>Hosius, Gordon, Huntly, Gretser, Tanner, Perron</hi> and <hi>Fisher.</hi> By Scrip<g ref="char:EOLhyphen"/>tures
therefore the Church confuted the Arians, the <hi>Eutychians,</hi> the
<hi>Nestorians,</hi> the <hi>Monothelites,</hi> the <hi>Photinians</hi> and the <hi>Sabellians.</hi> The other
articles are also<note n="*" place="margin">S. Ambros. c. 5. lib. de side co<g ref="char:cmbAbbrStroke">̄</g>
                           <g ref="char:EOLhyphen"/>tra Arianos. S. Aug. tract. 97. in Johan. &amp; epist. 174, &amp; 178. S. Athanas. in libel. de decret. Synod. Nicen. Tertul. adv. Praxeam. Theodoret. Dial. 2. c. 4. Salmero, disp. 4. in 2. ad Timoth.</note> evidently in the words of Scripture or in the first con<g ref="char:EOLhyphen"/>sequences
and deductions. And when we observe the men of the Church
of <hi>Rome</hi> going about with great pretensions to confirme all their articles
by Scriptures, they plainly invalidate all pretence of necessity of Traditions.
If they say that all the articles of <hi>Trent</hi> are not to be found in Scripture,
let them confess it plainly, and then goe look out for proselytes. If they
say there are Scriptures for all their articles, then Scripture is sufficient, or
else their faith is not. For all these I before reckoned, it is certain both
they and we have from Scripture many proofs, and if there were not, I
believe Tradition would faile us very much; for the heresies which oppug<g ref="char:EOLhyphen"/>ned
them were very early, and they also had customes and pretences of
customes to prescribe for their false doctrines; as I shall make appear in
the following periods.</p>
                     <p>
                        <pb n="488" facs="tcp:58903:273"/>
There are also traditions pretended of things which are not necessary,<note place="margin">26.</note>
such as are the Fast of Lent, Godfathers and Godmothers in baptisme, the
mixture of wine and water in the Eucharistical chalice, the keeping of
Easter upon the first day of the week, trine immersion in baptisme, the
Apostles Creed, prayer for the dead, the wednesday and the friday Fast,
Unction of sick people, Canon of the Scripture, the formes of Sacraments,
and the perpetual Virginity of the Virgin <hi>Mary.</hi> Now that these are not
Divine traditions nor Apostolical appears by the destitution of their proper
proof. They are Ecclesiastical traditions and of several ages, and some
of them of very great antiquity; but of what obligation they are I shall
account in the Chapter of [<hi>Lawes Ecclesiastical.</hi>] In the mean time they
neither are of the necessity of faith, or the essential duty of Christian reli<g ref="char:EOLhyphen"/>gion:
and therefore as a Christian can goe to heaven without the obser<g ref="char:EOLhyphen"/>vation
of them in certain circumstances, so is the Scripture a perfect Canon
without giving rules concerning them at all.</p>
                     <p>But then as for others,<note place="margin">27.</note> there are indeed a great many pretended to
be traditions, but they are false articles, or wicked practices, or uncer<g ref="char:EOLhyphen"/>tain
sentences at the best. I reckon some of those which the Roman
Church obtrudes: such as are invocation of Saints and Angels, adoration
of them, and worshipping of Images, the doctrine of Purgatory, prayer in
an Unknown tongue, the Popes power to depose Kings, and to ab<g ref="char:EOLhyphen"/>solve
from lawful and rate oaths, the picturing of God the Father and the
holy Trinity, the half Communion, the doctrine and practice of Indulgen<g ref="char:EOLhyphen"/>ces,
Canon of the Masse, the doctrine of proper sacrifice in the Mass,
Monastical profession, the single life of Priests and Bishops. Now these are
so far from being Apostolical traditions, that they are some of them appa<g ref="char:EOLhyphen"/>rently
false, some of them expressly against Scripture, and others con<g ref="char:EOLhyphen"/>fessedly
new, and either but of yesterday, or, like the issues of the people,
born where and when no man can tell. Concerning Indulgences,<note place="margin">Summa Theol. p. 1. tit. 10. c. 3. de Indulg. fol. 202. Venet. 1582. <hi>Vtle etiam <gap reason="illegible" resp="#TECH" extent="1 word">
                                 <desc>〈◊〉</desc>
                              </gap>. cap. 2. dexs Indulgent. Na<g ref="char:EOLhyphen"/>
                              <gap reason="illegible" resp="#TECH" extent="2 letters">
                                 <desc>••</desc>
                              </gap>r. Comment. de J<gap reason="illegible" resp="#TECH" extent="2 letters">
                                 <desc>••</desc>
                              </gap>al. &amp; indulgent.</hi> Biel lect. 57. in Can. Missae.</note> 
                        <hi>Antoninus</hi>
the famous Arch-Bishop of <hi>Florence,</hi> sayes that we have nothing express<g ref="char:EOLhyphen"/>ly
recited in holy Scripture, nor are they found at all in the writings of the
ancient Doctors. The half-communion is by the Council of Constance
affirmed to be different from the institution of Christ and the practice of
the primitive Church. Concerning invocation of Saints, <hi>Cum scri<g ref="char:EOLhyphen"/>berentur
Scripturae nondum coeperateusus vovendi Sanctis.</hi>
                        <note n="*" place="margin">De cultu San<g ref="char:EOLhyphen"/>ctorum cap. 9. § praeterea.</note> 
                        <hi>Bellarmine</hi> con<g ref="char:EOLhyphen"/>fesses
that in the age in which the Scriptures were written, the use of making
vowes to Saints was not begun; and<note n="a" place="margin">Contre le Roy de la Grand Bre<g ref="char:EOLhyphen"/>tagne, p. 1009.</note> Cardinal <hi>Perron</hi> excludes the next
ages from having any hand in the invocation of them. <hi>Et quant aux au<g ref="char:EOLhyphen"/>theurs
plus proche du siecle apostolique, encore qu'il ne se trouve pas de vestiges
de ceste coustume &amp;c. In the authours more near the Apostolical age no foot<g ref="char:EOLhyphen"/>steps
of this custome can be found.</hi>
                     </p>
                     <p>Concerning making an image of the Father or of the Holy Trinity <hi>Ba<g ref="char:EOLhyphen"/>ronius</hi>
cites an Epistle of <hi>Gregory</hi> the second, <hi>An. Dom.</hi> 726. in which he
gives a reason why the Church did not make any picture of the Father;
which forces him to confess that the beginning of the custome of painting
the Father and the Holy Ghost <hi>postea usu venit in Ecclesia,</hi> came into use
afterward in the Church.</p>
                     <p>The doctrine of Purgatory is not onely expressly against Scripture,
saying, <hi>Blessed are the dead which die in the Lord, even so saith the Spirit, that
they rest from their labours;</hi> but it is also certain that it was not so ancient as
the Canon of the Roman Mass, the age of which no man can tel any more
<pb n="489" facs="tcp:58903:273"/>
then they can tell the age of a flock of sheep, or a company of men and
children together; for one piece is old, and another is late, and another of
a middle age. But the prayer which in the Canon is for the Dead, supposes
that they are not in Purgatory; but prayes for them which are asleep in
rest and quietness.</p>
                     <p>I shall not instance in any more,<note place="margin">28.</note> because I shall in other places meet with
the rest: but these are a sufficient indication how the Church hath been
abused by the pretence of tradition, and that a bold man may in private
confidently tell his parishioner that any doctrine is a Tradition; and he is
the more likely to prevail because he cannot be confuted by his undiscer<g ref="char:EOLhyphen"/>ning
hearer, since so great parts and so many Ages of the Church have
been told of things that they were traditions Apostolical, when the articles
themselves are neither old nor true. Is it imaginable by a man of ordi<g ref="char:EOLhyphen"/>nary
understanding, or that hath heard any thing of antiquity, that the
Apostles should command their followers to worship the reliques of
S. <hi>James,</hi> or S. <hi>Stephen;</hi> or that S. <hi>Peter</hi> did ever give leave to a man that
had sworn, to goe from his oath, and not to doe what he had sworn he
would? Is it likely that S. <hi>Peter</hi> or S. <hi>Paul</hi> should leave secret instructions
with S. <hi>Clement</hi> or S. <hi>Linus</hi> that they might depose Kings lawfully when
it was in their power, and when Kings did disagree in opinion from them?
Is there any instance, or precept, or line, or doctrine, or history that ever
any Apostle or Apostolical man consecrated the Holy Communion where
there was none to communicate? It was never heard that a <hi>Communion</hi>
could be <hi>single,</hi> till the <hi>Catholick</hi> Church came to signify the <hi>Roman:</hi> and
yet if Scripture will not prove these things, <hi>Tradition</hi> must. The experi<g ref="char:EOLhyphen"/>ence
and the infinite unreasonableness of these things does sufficiently give
a man warning of attending to such new traditions, or admitting the topick
in any new dispute, it having been so old a cheat: and after the Canon of
Scripture was full, and after that almost the whole Church had been abus'd
by the tradition of <hi>Papias</hi> in the Millenary opinion, which for 300. years
of the best and first antiquity prevailed, all the world should be wiser then
to rely upon that which might introduce an error, but which Truth could
never need, it being abundantly provided for in Scripture.</p>
                     <p>Sometimes men have been wiser,<note place="margin">29.</note> and when a Tradition Apostolical
hath been confidently pretended, they would as confidently lay it aside,
when it was not in Scripture. <hi>Clemens Alexandrinus</hi> reckons many tradi<g ref="char:EOLhyphen"/>tions
Apostolical; but no man regards them. Who believes that the Greeks
were sav'd by their Philosophy, or that the Apostles preach'd to dead In<g ref="char:EOLhyphen"/>fidels,
and then raised them to life, although these were by <hi>S. Clement</hi>
affirm'd to have been traditions Apostolical? Did the world ever the
more believe that a Council might not be called but by the authority and
sentence of the Bishop of <hi>Rome,</hi> though <hi>Marcellus</hi> was so bold to say it was
a Canon Apostolical? And after <hi>S. Hierom</hi> had said these words, <hi>praecepta
majorum Apostolicas traditiones quisque existimat,</hi> that what their Fathers
commanded, all men were wont to call them Traditions Apostolical; no man
had reason to rely upon any thing which by any one or two or three of
the Fathers was called Tradition Apostolical, unless the thing it self were
also notorious or proved by some other evidence. But this topick of
Tradition is infinitely uncertain, and therefore if it be pretended new, it
can be of no use in any of our questions. For if in the primitive Church
<pb n="490" facs="tcp:58903:274"/>
Tradition was claimed by the opposite parties of a question, who can be
sure of it now? <hi>Artemon</hi> pretended it to be an Apostolical tradition that
Christ was <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap> 
                        <hi>a meer man,</hi> and the Nicene Fathers prov'd
it was not so, but much rather the contrary: but that Topick would not
prevail for either side. In the question of Rebaptization of persons baptized
by Hereticks, both sides pretended Tradition; so they did in that imper<g ref="char:EOLhyphen"/>tinent,
but (as they then made it) great question of the time of keeping
Easter.<note place="margin">L. 1. Stroma<gap reason="illegible" resp="#TECH" extent="1 letter">
                              <desc>•</desc>
                           </gap>. Lib. 2. cap. 39.</note> 
                        <hi>Clemens Alexandrinus</hi> said it was an Apostolical Tradition that
Christ preached but one year; but <hi>Irenaeus</hi> said it was an Apostolical Tra<g ref="char:EOLhyphen"/>dition
that Christ was about fifty years old when he died, and consequent<g ref="char:EOLhyphen"/>ly
that he preach'd almost twenty years. But if they who were almost at the
fountain were uncertain of the Rivers head; how shall we know it who
dwell where the waters are ready to unbosome themselves into the Ocean?
And to pretend an Apostolical Tradition in matters of Faith, now that the
books of the Fathers have been lost, and yet there are a very great many
to be read for the proving of Tradition, that is, that there are too many
and too few, that in the losse of some of them possibly we have lost that
light which would have confuted the present pretences of Tradition, &amp; the
remaining part have passed through the limbecs and strainers of Hereticks
and Monkes and ignorants and interested persons, and have passed through
the corrections and deturpations and mistakes of transcribers, (a trade of
men who wrote books that they might eat bread, not to promote a truth)
and that they have been disorder'd by Zeal and Faction and expurgatory
<hi>Indices,</hi> and that men have been diligent to make the Fathers seem of their
side, and that Hereticks have taken the Fathers names and published
books under false titles, and therefore have stampt and stain'd the Current;
is just as if a <hi>Tartar</hi> should offer to prove himself to have descended from
the family of King <hi>David,</hi> upon pretence that the Jewes mingled with
their Nation, and that they did use to be great keepers of their genea<g ref="char:EOLhyphen"/>logies.</p>
                     <p>But after all this,<note place="margin">31.</note> the question of Tradition is wholly useless in the
questions between the Church of <hi>Rome</hi> and the other parts of Christen<g ref="char:EOLhyphen"/>dome.
Not onely because there are many Churches of differing rites and
differing doctrines from the <hi>Roman,</hi> who yet pretend a Succession and Tra<g ref="char:EOLhyphen"/>dition
of their customes and doctrines <hi>per tempus immemoriale,</hi> they know
not when they began, and for ought they know they came from the Apo<g ref="char:EOLhyphen"/>stles,
and they are willing to believe it, and no man amongst them questi<g ref="char:EOLhyphen"/>ons
it, and all affirm it; particularly the Greek Church, the <hi>Russians,</hi> the
<hi>Abyssines:</hi> but also because those articles which they dispute with the
other Churches of the West cannot be prov'd by Tradition universal, as
infinitely appears in those pittiful endeavours and attempts which they use
to perswade them to be such; which if they did not sometimes confute
themselves, the Reader may find confuted every where by their learned
adversaries.</p>
                     <p>Therefore although the perfection of Scripture be abundantly prov'd,
yet if it were not,<note place="margin">32.</note> Tradition will but make it less certain, and therefore not
more perfect. For besides that nuncupative records are like diagrams in sand
and figures efform'd in aire, volatile and soon disordered, and that by the
words and practice of God, and all the world, what is intended to last was
therefore written, as appears in very many places in Scripture, [&amp; therefore
<pb n="491" facs="tcp:58903:274"/>
                        <hi>Job</hi> calls out, <hi>O that my words were now written, O that they were printed
in a book,</hi>
                        <note place="margin">Exod. 17. 14 &amp; 34. 27. Job. 19. 23, 24. Psal. 102. 19. Isai. 30. 8. Jer. 30. 2. Revd. 1. 11, 19. &amp; 21. 5.</note> 
                        <hi>that they were ingraven with an iron pen and lead in the rock for
ever:</hi> upon which words the <hi>Greek Catena</hi> sayes, <hi>He drawes a similitude from
them who put those things in writing which they very greatly desire should
remain to the longest posterity</hi>] and that the very nature of things is such,
that a Tradition is infinitely better preserved in writing then in speaking,
and besides all those very many weak and uncertain and false Traditions
with which several Men, and several Ages, and several Churches have
abus'd others, or been abus'd themselves; I instance in two great things,
by the one of which we may see how easily the Church may be imposed
upon in the matter of Tradition; and by the other, how easily those men
impose upon themselves whose faith hath a temporal bias and diver<g ref="char:EOLhyphen"/>tisement.</p>
                     <p>The first is,<note place="margin">33.</note> That very many Epistles of Popes, viz. from S. <hi>Clement</hi>
to S. <hi>Gregory,</hi> that is, for above 500. years, were imposed upon the
Church as the genuine writings of those excellent men who govern'd the
Church of <hi>Rome</hi> in all her persecutions and hardnesses; and of these Epi<g ref="char:EOLhyphen"/>stles
the present Church of <hi>Rome</hi> makes very great use to many purposes,
and yet no imposture could be greater then this.</p>
                     <p>For 1.<note place="margin">34.</note> they are patched up of several arguments and materials not at
all agreeing with the Ages in which they were pretended to be written, but
are snatch'd from the writings of other men and latter times. 2. They
were invented after S. <hi>Hieroms</hi> time, as appears in the citation of the testi<g ref="char:EOLhyphen"/>monies
of Scripture from <hi>S. Hieroms</hi> translation, and the Author cited
<hi>S. Hieroms</hi> version of the Hebrew Psalter. 3. They were not known in
<hi>Rome</hi> for eight Ages together: which were a strange thing that the records
of <hi>Rome</hi> should have no copies of the Epistles of so many of the Bishops
of <hi>Rome.</hi> 4. They are infinitely false in their Chronology, and he that in<g ref="char:EOLhyphen"/>vented
them put the years of false Consuls to their date, as <hi>Baronius</hi> himself
confesses quite reckoning otherwise: and in the Epistles of the whole five &amp;
fourty, the decrees of Councils and the words of Ecclesiastical writers are
cited, who yet were not at all in their ages, but wrote after the death of those
Popes who are pretended to have quoted them, or something is said that
could not be done or said by them, or in their times. 5. They are written
with the same style; and therefore it is no more probable that they should
be the genuine Epistles of so many Popes, then that so many men in several
Ages should have the same features in their faces: but these Epistles say
over the same things several times, even unto tediousness, and yet use the
very same words without any differing expressions. 6. And sometimes
these words were most intolerably barbarous, neither elegantly fine, nor
elegantly plain, but Solecismes, impure words and the most rude expres<g ref="char:EOLhyphen"/>sions,
not unlike the Friers Latine or the <hi>Epistolae obscurorum virorum.</hi>
7. None of the Ancient writers of the Church did ever cite any testimony
from these Epistles for 800. years together, onely one part of one of the
Epistles of <hi>S. Clement</hi> was mention'd by <hi>Ruffinus</hi> and the Council of
<hi>Vase.</hi> 8. None of those who wrote histories Ecclesiastical, or of the
Church-writers, made mention of them: but all that doe were above 830.
years after the Incarnation of our Blessed Lord. 9. And all this beside the
innumerable errors in the matter which have been observed by the Centu<g ref="char:EOLhyphen"/>riators
of <hi>Magdeburg, David Blondel</hi> and divers others. And a more noto<g ref="char:EOLhyphen"/>rious
<pb n="492" facs="tcp:58903:275"/>
cheat could never have been imposed upon the world; but that
there are so many great notorieties of falshood, that it is hard to say which
is greater, the falshood of the <hi>Pontifical Book,</hi> or the boldness of the Com<g ref="char:EOLhyphen"/>piler.
Now if so great a heap of Records can at once be clapp'd upon the
credulity of men, and so boldly defended as it is by <hi>Turrian</hi> and <hi>Binius,</hi>
and so greedily entertain'd as it is by the Roman Confidents, and so often
cited as it is by the Roman Doctors, and yet have in it so many strange
matters so disagreeing to Scripture, so weak, so impertinent, and some<g ref="char:EOLhyphen"/>times
so dangerous, there is very great reason to reject the topick of Tra<g ref="char:EOLhyphen"/>ditions,
which can be so easily forged, and sometimes rely upon no greater
foundation then this, whose foundation is in water and sand, and falshood
that is more unstable.</p>
                     <p>The other thing is,<note place="margin">35.</note> that Hereticks and evil persons, to serve their ends,
did not onely pretend things spoken by the Apostles and Apostolical and
Primitive men, (for that was easy) but even pretended certain Books to
be written by them, that under their venerable names they might recom<g ref="char:EOLhyphen"/>mend
and advance their own heretical Opinions. Thus some false Apostles
(as <hi>Origen</hi> relates) wrote an Epistle and sent it to the Church of <hi>Thessalo<g ref="char:EOLhyphen"/>nica</hi>
under S. <hi>Pauls</hi> name, which much troubled the <hi>Thessalonians,</hi> and con<g ref="char:EOLhyphen"/>cerning
which, when S. <hi>Paul</hi> had discovered the imposture, he gives them
warning that they should not be troubled about any such Epistle, as if he
had sent it. Thus there was a Book publish'd by an Asian Priest under
S. <hi>Pauls</hi> name (as S. <hi>Hierome</hi> reports) containing the Vision of <hi>Paul</hi> and
<hi>Tecla,</hi> and I know not what old tale of the baptizing <hi>Leo.</hi> Some or other
made S. <hi>Clement</hi> an Eunomian, and <hi>Dionysius</hi> of <hi>Alexandria</hi> an Arrian,
and <hi>Origen</hi> to be every thing, by interpolating their Books, or writing
Books for them. <hi>Ruffinus</hi> tells that the Hereticks endeavoured to cor<g ref="char:EOLhyphen"/>rupt
the Gospels: and that they did invent strange Acts of the Apostles,
and make fine tales of their life and death, we need no better testimony
then <hi>Tertullians</hi> instances in his Books against <hi>Marcion:</hi> and for this rea<g ref="char:EOLhyphen"/>son
<hi>Origen</hi> gives caution, <hi>Oportet cautè considerare, ut nec omnia secreta quae
feruntur nomine Sanctorum suscipiamus,</hi>
                        <note place="margin">Homil 26. in Matth.</note> 
                        <hi>We must warily consider, and not
receive all those secret traditions which goe up and down under the names of
Saints,</hi> [<hi>viz.</hi> of the holy Apostles.] And of the same nature is that famous
cheat that usurps the name of <hi>Dionysius</hi> the Areopagite, called [<hi>The Pas<g ref="char:EOLhyphen"/>sion</hi>
of <hi>Peter</hi> and <hi>Paul</hi>] as who please may see in <hi>Laurentius Valla</hi> and
<hi>Erasmus.</hi> And such is the Book of the same Passions attributed to <hi>Linus,</hi>
which was invented so foolishly and carelesly that it contradicts the Scri<g ref="char:EOLhyphen"/>ptures
most apparently; as every one that reads it may without difficulty
observe. Now the observation from these things is plain: In the matter
of Traditions as they are now represented there is so much of humane fai<g ref="char:EOLhyphen"/>lings,
and so little of Divine certainty, they are often falsly pretended, and
never truly proved, and if they should need to be proved, were therefore
not to be accepted; because no particular proofs can make them universal,
and if they be not universal, of themselves they cannot be credible, but need
something else to make them so; they are (whether true or false) so abso<g ref="char:EOLhyphen"/>lutely
now to no purpose, because it is too late to prove them now, and
too late to need them, the Church having so long accepted and relied up<g ref="char:EOLhyphen"/>on
the Canon of Scripture, that we are plainly, and certainly, and necessa<g ref="char:EOLhyphen"/>rily
devolv'd upon Scripture for the Canon of our Faith and lives. For
though no man ought to reject Tradition if he did need it, and if he could
<pb n="493" facs="tcp:58903:275"/>
have it, yet because he neither can want it (because Scripture is a perfect
Rule) nor can have it (because it cannot in any of our questions be prov'd)
we must rely upon what we have. It is in the matter of traditions as in
the Epistle of S. <hi>Paul</hi> to <hi>Laodicea:</hi> if this or those were extant and suffi<g ref="char:EOLhyphen"/>ciently
transmitted and consign'd to us, they would make up the Canon
as well as those we have: but there is no such thing as the <hi>Laodicean</hi> E<g ref="char:EOLhyphen"/>pistle,
and there is no such thing as tradition of doctrines of Faith not con<g ref="char:EOLhyphen"/>tained
in Scriptures. The Fathers that had them, or thought they had
them, might call upon their Churches to make use of them; but we that
cannot have them, must use what we have; and we have reason to give
thanks to God that we have all that God intended to be our Rule. God
gave us in Scripture all that was necessary; it was a perfect Rule; and yet
if it had not, it must become so when we have no other.</p>
                     <p>
                        <hi>But upon the matter of this Argument,<note place="margin">36.</note> there are three Questions to
be considered in order to Faith and Conscience.</hi>
                     </p>
                     <p>1. Whether there be not any rules and general measures of discerning
tradition, by which although tradition cannot be prov'd the natural way,
that is, by its own light, evidence of fact and notoreity, yet we may be rea<g ref="char:EOLhyphen"/>sonably
induc'd to beleeve that any particular is descended from tradition
Apostolical, and consequently is to be taken in, to integrate the rule of
Conscience?</p>
                     <p>2. How farre a negative Argument from Scripture is valid, and obliga<g ref="char:EOLhyphen"/>tory
to Conscience?</p>
                     <p>3. Whether there may be any new Articles of Faith, or that the Creed
of the Church may so increase, that what is sufficient to salvation in one Age
cannot serve in another?</p>
                     <p>1. <hi>Question</hi> is concerning the indirect ways of discerning Tradition.</p>
                     <p>In vain it is to dispute whether traditions are to integrate the Canon of
Scripture,<note place="margin">37.</note> when it cannot be made to appear that there are any such things
as Apostolical traditions of doctrines not contained in Scripture. For since
the succession in all the Chairs hath been either interrupted or disordered
by warres or heresies, by interest or time, by design or by ignorance, by
carelesness or inconsideration, by forgetfulness or unavoidable mistake, by
having no necessity of tradition, and by not delivering any, it is in vain to
dispute concerning the stability of atomes, which as of themselves they are
volatile and unfixt, so they have no basis but the light aire: and so are
traditions; themselves are no argument, and there are no traditions<g ref="char:punc">▪</g>
they are no necessary or competent stabiliment of doctrine or manners, o<gap reason="illegible" resp="#TECH" extent="1 letter">
                           <desc>•</desc>
                        </gap>
if they were, themselves have no stabiliment.</p>
                     <p>For it is certain there can be no tradition receiv'd for Apostolical at
a less rate then the rule of <hi>Vincentius Lirinensis.</hi>
                        <note place="margin">38.</note> For to prove by Scripture
that there are any traditions not written in Scripture is a trifling folly;
since there might be necessity of keeping traditions before all that which
is necessary was set down in writing. So that all the pretensions taken from
Scripture in behalf of traditions are absolutely to no purpose, unless it were
there said, There are some things which we now preach to you which
<pb n="494" facs="tcp:58903:276"/>
shall never be written; keep them: but the naming of [<hi>traditions</hi>] in
some Books of Scripture, and the recommending them in others, is no ar<g ref="char:EOLhyphen"/>gument
to us to inquire after them, or to rely upon them; unless that
which was delivered by Sermon was never to be delivered by writing, and
that we knew it as certainly as that which is. * And the same is to be
said of the sayings of Fathers who recommend traditions: for although
the argument lessened every year, yet it was better then, then it can be
now; it could serve some uses then, it can serve none now; it might in
some instances be certain, and safe in many, but now it cannot be either,
neither certain, nor safe, nor necessary, nor of any use at all: which having
made to appear in the preceding numbers, it must follow that there can
be no doctrinal traditions besides the matters of Scripture; because there
are none such recommended to the Church by the measures of <hi>Vincentius
L<gap reason="illegible" resp="#TECH" extent="1 letter">
                              <desc>•</desc>
                           </gap>rinensis.</hi> There is no doctrine, no rule of Faith or Manners which is not
in the Holy Scriptures, and yet which was <hi>believed always, and in all
Churches, and of all men in those Churches.</hi> For although it is very pro<g ref="char:EOLhyphen"/>bable
that <hi>Vincentius</hi> by this rule intended to reprove the novelties and un<g ref="char:EOLhyphen"/>usual
doctrines which S. <hi>Austin</hi> by his great wit and great reputation had
brought into the Church, contrary to the sentiments and doctrines of the
Fathers which were before him; yet it will perfectly serve to reprove all
our late pretensions to traditions. For by this measure, we finde it not to
be enough that a Doctrine hath been received for a thousand years toge<g ref="char:EOLhyphen"/>ther
by the Catholick Church, reckoning from this period upwards; un<g ref="char:EOLhyphen"/>less
it were also received by the Apostolical ages and Churches through<g ref="char:EOLhyphen"/>out
the world, it is nothing: and if it were received by all the Apostolical
Churches, and all good and wise men in those Churches, and so down<g ref="char:EOLhyphen"/>wards;
whereever any Church failed, it was to their own prejudice, not
to the prejudice of the doctrine; for that was Apostolical which was from
the beginning; and whatsoever came after could not change what was so
before; and the interruption of an Apostolical truth, though for a thou<g ref="char:EOLhyphen"/>sand
years together, cannot annul the obligation, or introduce the contrary.
So that if we begin to account by this rule of <hi>Vincentius</hi> and goe back<g ref="char:EOLhyphen"/>wards,
it is nothing unless we goe back as farre as to the Apostles inclu<g ref="char:EOLhyphen"/>sively:
but if we begin there, and make that clear, it matters not how little
a way it descends: and therefore although it is an excellent rule to reprove
vain and novel pretensions, yet there is nothing to be proved by it pra<g ref="char:EOLhyphen"/>cticably;
for we need not walk along the banks and intrigues of <hi>Volga,</hi> if
we can at first point to the fountain; it is that whither the long progres<g ref="char:EOLhyphen"/>sion
did intend to lead us. If any thing fails in the principle it is good for
nothing; but if the tradition derive from the fountain, and the head be vi<g ref="char:EOLhyphen"/>sible,
though afterwards it ran under ground, it is well enough. For if a
doctrine might invade the whole Church which was not preached by the
Apostles, or if the doctrine might to many good and wise persons seem to
have possessed the whole Church, that is, to be believed by all those that
he knows, or hears of, or converses with, and yet not have been the do<g ref="char:EOLhyphen"/>ctrine
of the Apostles; it is certain that this universality, and any less then
that which takes in the Apostles, can never be sufficient warranty for an
article of Faith or a Rule of life, that is, the instance and obligation of a duty
necessary to salvation. But how shall we know concerning any doctrine,
whether it be a tradition Apostolical? Here the Rule of <hi>Vincentius</hi> comes
in. If it can be made to appear that all Churches and all Men did from
the Apostles times down to the time of inquiry accept it as true, and re<g ref="char:EOLhyphen"/>port
<pb n="495" facs="tcp:58903:276"/>
it from the Apostles, then it is to be so received and continued. In<g ref="char:EOLhyphen"/>deed
a less series and succession will serve. For if we can be made sure that
the Age next to the Apostles did universally receive it as from the Apostles,
then we may not reject it. But what can make faith in this? certainly no<g ref="char:EOLhyphen"/>thing;
for there is no doctrine so delivered but what is in Scripture. In<g ref="char:EOLhyphen"/>deed
some practices and rituals are, because the publick exercise and usages
of the Church being united and notorious, publick and acted, might make
the rite evident as light; but in doctrines (besides Scriptures) we have
not records enough to doe it: and therefore this general rule of <hi>Vincentius</hi>
not being practicable, and the other lesser rules or conjectures rather being
incompetent, <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>, we must <hi>remain as we are,</hi> and give God
thanks for the treasures of Holy Scripture, and rejoyce and walk in the
light of it.</p>
                     <p>
                        <hi>But let us try a little.</hi>
                        <note place="margin">39.</note> 
                        <hi>The first Rule which is usually given is this;</hi>
That which the Catholick Church believes as an article of faith, which is not
found in Scriptures, is to be believed to descend from Apostolical tradition. <hi>This
Rule is false and in sufficient upon many accounts.</hi>
                     </p>
                     <p>1. For if the Church can erre, then this Rule can have no firmament
or foundation. If she cannot erre, then there is no need either of Scriptures
or Tradition; and there is no use of any other argument to prove the
truth of an article or the Divinity of a truth, but the present belief and af<g ref="char:EOLhyphen"/>firmation
of the Church, for that is sufficient whether it be written or not
written, whether it be delivered or not.</p>
                     <p>But 2. Supposing the Church could not erre in matters of Faith, yet
no man says but she may erre in matter of fact: but whether this thing
was delivered by the Apostles is matter of fact; and therefore though the
Church were assisted so that she could not mistake her article, yet she may
mistake her argument and instrument of probation: the conclusion may be
true, and yet the premisses false; and she might be taught by the Spirit, and
not by the Apostles.</p>
                     <p>3. No man now knows what the Catholick Church does believe in any
question of controversy; for the Catholick Church is not to be spoken
with, and being divided by Seas, and Nations, and interests and fears, and
Tyrants, and poverty, and innumerable accidents, does <gap reason="illegible" resp="#TECH" extent="1 letter">
                           <desc>•</desc>
                        </gap>ot declare her
minde by any common instrument, and agrees in nothing but in the Apostles
Creed, and the Books of Scripture; and millions of Christians hear no<g ref="char:EOLhyphen"/>thing
of our controversies, and if they did, would not understand some
of them.</p>
                     <p>4. There are thousands that doe believe such an article to be taught by
the Catholick Church, and yet the Catholick Church with them is no<g ref="char:EOLhyphen"/>thing
but their own party; for all that believe otherwise they are pleased
to call Hereticks. So that this Rule may serve every party that is great,
and every party that is little, if they will adde pride and contumacy to their
article: and what would this Rule have signified amongst the Donatists,
to whom all the world was heretick but themselves? and what would it
signify amongst those peevish little Sects that damne all the world but their
own congregations? even as little as it can to the Church of <hi>Rome,</hi> who
are resolved to call no Church Catholick but their own.</p>
                     <p>5. The believing of such an article of faith could not be indication of a
true Catholick, that is, of a true member of the Catholick Church; because
if the article is to be proved to be Apostolical by the present belief of the
<pb n="496" facs="tcp:58903:277"/>
                        <gap reason="illegible" resp="#TECH" extent="1 span">
                           <desc>〈…〉</desc>
                        </gap>, either the Catholick Church is the
<gap reason="illegible" resp="#TECH" extent="1 span">
                           <desc>〈…〉</desc>
                        </gap> we can never tell what the believes in a particular
<gap reason="illegible" resp="#TECH" extent="1 span">
                           <desc>〈…〉</desc>
                        </gap> nothing in the question, because i<gap reason="illegible" resp="#TECH" extent="1 letter">
                           <desc>•</desc>
                        </gap> is be a question,
<gap reason="illegible" resp="#TECH" extent="1 span">
                           <desc>〈…〉</desc>
                        </gap> Church is divided in her sense of it<gap reason="illegible" resp="#TECH" extent="1 letter">
                           <desc>•</desc>
                        </gap> or else the Catholick
<gap reason="illegible" resp="#TECH" extent="1 span">
                           <desc>〈…〉</desc>
                        </gap> or Church of Christians separate from the rest, and then
<gap reason="illegible" resp="#TECH" extent="1 span">
                           <desc>〈…〉</desc>
                        </gap> by other means be first known that she is the Catholick Church
<gap reason="illegible" resp="#TECH" extent="1 span">
                           <desc>〈…〉</desc>
                        </gap> accept her belie<gap reason="illegible" resp="#TECH" extent="1 letter">
                           <desc>•</desc>
                        </gap> to be an argument that the article is an
<gap reason="illegible" resp="#TECH" extent="1 span">
                           <desc>〈…〉</desc>
                        </gap>. Adde to this, that the Churches believing it, is not,
<gap reason="illegible" resp="#TECH" extent="1 span">
                           <desc>〈…〉</desc>
                        </gap> argument that the doctrine is Apostolical; but on the
<gap reason="illegible" resp="#TECH" extent="1 span">
                           <desc>〈…〉</desc>
                        </gap> be prov'd to be Apostolical before it is to be admitted by the
<gap reason="illegible" resp="#TECH" extent="1 word">
                           <desc>〈◊〉</desc>
                        </gap>. And it it be answer'd, that so it was to those Churches
<gap reason="illegible" resp="#TECH" extent="1 span">
                           <desc>〈…〉</desc>
                        </gap> it first, but to us it ought to be sufficient that the Church
<gap reason="illegible" resp="#TECH" extent="1 span">
                           <desc>〈…〉</desc>
                        </gap> we ought therefore to conclude it to be Apostolical: I reply<g ref="char:punc">▪</g>
                        <gap reason="illegible" resp="#TECH" extent="1 span">
                           <desc>〈…〉</desc>
                        </gap> is a it was at first prov'd to the Church to be Apostolical; but
<gap reason="illegible" resp="#TECH" extent="1 span">
                           <desc>〈…〉</desc>
                        </gap> primitive Church would not receive the doctrine without such
<gap reason="illegible" resp="#TECH" extent="1 span">
                           <desc>〈…〉</desc>
                        </gap> sign that this was the right way of proceeding, and therefore
<gap reason="illegible" resp="#TECH" extent="1 span">
                           <desc>〈…〉</desc>
                        </gap> to be with us<g ref="char:punc">▪</g> they would not receive any doctrine unless it were
<gap reason="illegible" resp="#TECH" extent="1 span">
                           <desc>〈…〉</desc>
                        </gap> come from the Apostles, and why should we? and to say that
<gap reason="illegible" resp="#TECH" extent="1 span">
                           <desc>〈…〉</desc>
                        </gap> receiv'd it, we ought to suppose it to have been Apostolical,
<gap reason="illegible" resp="#TECH" extent="1 span">
                           <desc>〈…〉</desc>
                        </gap> to beg the question: for when we make a question whether the
Church did well to receive this doctrine, we mean whether they did re<g ref="char:EOLhyphen"/>ceiv<gap reason="illegible" resp="#TECH" extent="2 letters">
                           <desc>••</desc>
                        </gap> it from the Apostles or no. And therefore to argue from their
<gap reason="illegible" resp="#TECH" extent="1 span">
                           <desc>〈…〉</desc>
                        </gap>, that it was Apostolical, is to answer my question by telling
<gap reason="illegible" resp="#TECH" extent="1 span">
                           <desc>〈…〉</desc>
                        </gap> to suppose that, and to make no question of it. But if this rule
should prevail, we must believe things which even to affirm were impudent.
The Church of <hi>Rome,</hi> calling her self the Catholick Church, affirms it to
be Heresy to say that it is necessary to give the Communion under both
<gap reason="illegible" resp="#TECH" extent="1 word">
                           <desc>〈◊〉</desc>
                        </gap> to the Laity: but he that will from hence, though he believe that
Church to be the Catholick, conclude that doctrine to be the Aposto
lick, must have a great ignorance or too great a confidence. Nay this rule
is in nothing more apparently confuted then in this instance; for the
C<gap reason="illegible" resp="#TECH" extent="1 letter">
                           <desc>•</desc>
                        </gap>non in the Council of Constance which establishes this for Catho<g ref="char:EOLhyphen"/>lick
doctrine, by confessing it was otherwise instituted by Christ, and
otherwise practis'd at the beginning, confesses it not to be Apostolick.
So that upon this account it is obvious to conclude that either the uni<g ref="char:EOLhyphen"/>versal
Church can erre, or else the same thing can come and cannot come
<gap reason="illegible" resp="#TECH" extent="1 letter">
                           <desc>•</desc>
                        </gap>rom Tradition Apostolical. For the half-Communion is no where
commanded in Scripture; therefore either the Ancient Catholick
Church did erre in commanding the whole Communion, or the, modern
Catholick Church (I mean the Roman, which pretends to the name
<gap reason="illegible" resp="#TECH" extent="1 letter">
                           <desc>•</desc>
                        </gap>oes erre in forbidding it; or else, if neither does erre, then the Commu<g ref="char:EOLhyphen"/>nion
under both kinds did come and did not come from Tradition Apo<g ref="char:EOLhyphen"/>stolical.</p>
                     <p>But 6. suppose it were agreed that one Congregation is the Catho<g ref="char:EOLhyphen"/>lick
Church, and resolved upon which is that Congregation, yet if it be
but a part of Christians, and that interested, it is not in the nature of the
thing to inferre, that because this interested, divided part believers it,
therefore the Apostles taught it: this Consequent is not in the bowels of
that Antecedent, it cannot be prov'd by this argument: if it can be proved
by revelation, that what the present Church believes, was a Tradition
Apostolical, let it be shewn, and there's an end of it. In the mean time this
rule is not of it self certain, or fit to be the proof of what is uncertain, and
<pb n="497" facs="tcp:58903:277"/>
therefore not a good rule, till it be proved by revelation.</p>
                     <p>7. It is evidently certain that what one Age believes as a necessary
doctrine, another Age (I mean of the Catholick Church) did not believe
for such; and it is not sufficient for the making of a Catholick doctrine
that it be <hi>ubique,</hi> believ'd <hi>every where,</hi> unless it be also <hi>semper &amp; ab omnibus,
alwayes and by all men.</hi> I instance in the Communicating of Infants, which
was the doctrine of S. <hi>Austin</hi> and of Pope <hi>Innocentius,</hi> and prevail'd in the
Church for 600. years (saies <hi>Maldonat</hi> the Jesuit) that it was necessary to
the salvation of Infants,<note place="margin">In cap. 6. Johan. n. 11<gap reason="illegible" resp="#TECH" extent="1 letter">
                              <desc>•</desc>
                           </gap>
                        </note> that they should receive the holy Sacrament of the
Lords Supper. Now it is also as certain that for 600. years more, the
Church which calls her self Catholick believ'd the contrary. Which of
these can prove Apostolical Tradition? For if it be objected that this was
not the doctrine of the Catholick Church in those ages in which the most
eminent Fathers did believe and practise it, besides that it is not probable
that they would teach it to be necessary, and generally practise it in their
Churches, if the matter had been nothing but their own opinion, and dis<g ref="char:EOLhyphen"/>puted
by others; I adde this also, that it was as much the doctrine of the
Catholick Church, that it was necessary, as it is now, that it is not necessary:
for it is certain the Holy Fathers did believe and teach and practise it, and
the contrary was not disputed; but now though it be condemned by some,
it is still practis'd by very great parts of the Catholick Church, even by
all the Greek Church,<note place="margin">Vide Hierem. Patriar. C. P. doctr. &amp; exho<gap reason="illegible" resp="#TECH" extent="1 letter">
                              <desc>•</desc>
                           </gap>. ad Germanos.</note> and by those vast numbers of Christians in <hi>Ethi<g ref="char:EOLhyphen"/>opia.</hi>
So that although no doctrinal Tradition is universally received but
what is contained is Scriptures; yet those that have been received as
universally as any other matter of question is, have been and have not
been believ'd by the Church in several ages: and therefore if this rule be
good, they must prove that the same doctrine was and was not a Tradition
Apostolical.</p>
                     <p>8. This Rule were good (and then indeed onely) if there were no
way to make an opinion to be universally receiv'd but by derivation from
the Apostles. But 1. there are some which say every Age hath new revela<g ref="char:EOLhyphen"/>tions:
where this is believ'd it is apparent an opinion which the Apostles
never heard of, may be adopted into the faith and universally received.
But besides this are more wayes of entry for a popular error then any
man can reckon or any experience can observe. 2. It is not impossible that
some leading man may be credulous and apt to be imposed upon by Here<g ref="char:EOLhyphen"/>ticks
and Knaves; but when he hath weakly received it, it shall proceed
strongly upon his authority. The matter of <hi>Papias</hi> about the doctrine of
the <hi>Chiliasts</hi> is notorious in this particular. 3. It is also very possible that
what is found at first to be good, shall be earnestly press'd by a zealous man,
and he may over-express himself, and consider not to what consequence it
may afterwards be extended; and then following ages may observe it, and
make a Logical conclusion from a Rhetorical expression; and then what
onely good men had entertain'd when it was called <hi>useful,</hi> all men shall
receive when it is called <hi>necessary;</hi> and it is no great progression from what
all men believe good, that some men should believe necessary, and from
them others, and from others all men. It was thus in many degrees in the
matter of Confession and Penance. 4. It is not very unlikely, certainly it
is no way impossible, but that the reputation of some great man in the
Church may prevail so far by our weaknesses and his own accidental advan<g ref="char:EOLhyphen"/>tages,
that what no man at first questions, very many will afterwards believe,
and they introduce more, and from more to most, and from most to all
<pb n="498" facs="tcp:58903:278"/>
men, are no impossible progressions, if we consider how much mankind
especially in Theology, have suffered the authority of a few men to pre<g ref="char:EOLhyphen"/>vail
upon them. 5. Does not all the world see that zeal makes men im<g ref="char:EOLhyphen"/>patient
of contradiction, and that impatience makes them fierce in dispu<g ref="char:EOLhyphen"/>ting,
and fierce in fighting, and ready to persecute their enemies? and
what that Unity and Universality is which can be introduc'd by force, a
great part of the world hath had two long an experience to be ignorant.
6. Beyond all this, a proposition may be suppos'd to follow from an Apo<g ref="char:EOLhyphen"/>stolical
Tradition, and prevail very much upon that account; and yet it
would be hard to believe the Scholars deduction equally with the Masters
Principle, and a probable inference from Tradition equal to the very affir<g ref="char:EOLhyphen"/>mative
of the Apostles. A man may argue, and argue well too, and yet the
Conclusion will not be so evident as the Principle: but that it may equally
prevail, is so certain, that no man can deny it but he that had never any
testimony of the confidence of a disputing man, and the compliance of those
who know not so well, or inquire not so strictly, or examine not suspici<g ref="char:EOLhyphen"/>ously,
or judge not wisely.</p>
                     <p>2. The next Rule which is pretended for the discovery of an Apo<g ref="char:EOLhyphen"/>stolical
Tradition is this,<note place="margin">40.</note> 
                        <hi>That which the Universal Church observes,
which none could appoint but God, and is not found in Scripture, it is
necessary to say that it was delivered by Christ and his Apostles.</hi> This Rule
must needs be false, because it does actually deceive them that rely upon it.
Because their Church, which they will fondly suppose to be the Catho<g ref="char:EOLhyphen"/>lick,
uses certain Sacramentals to conferre grace, (which none could in<g ref="char:EOLhyphen"/>stitute
but Christ, who alone is the fountain of grace) and the Holy
Spirit to his servants: but yet to pretend that they are Traditions
Apostolical were the greatest unreasonableness in the world. I instance in
holy water, baptizing of bells, hallowing of <hi>agnus Dei's,</hi> roses, swords,
hats, Chrisme and the like, which no man can fairely pretend to be
Traditions Apostolical, but yet they are practis'd by all their Catho<g ref="char:EOLhyphen"/>lick
Church, and they are of such things as no man but God could be the
author of, if they were good for any thing; but then to conclude from
hence that they are Traditions Apostolical, were just as if one were to
give a sign how to know whether lying were lawful or unlawful, and for
the determination of this question should give this rule, <hi>Whatsoever man<g ref="char:EOLhyphen"/>kind
does universally which they ought not to doe without Gods law, that cer<g ref="char:EOLhyphen"/>tainly
they have a law from God to doe;</hi> but all mankind are given to lying,
and yet nothing can make it lawful to lye, unless there be a warranty or
no prohibition from God to lie; therefore certain it is that to lye descends
from the authority of God. Indeed if the Catholick Church could not be
uncharitable, if they could not sin against God, then it were certain, if they
all did it, and it were not warranted in Scripture, it must be from God: but
it does not follow, it would be by Tradition; because it may be by the
dictate of right reason, by natural principles, or it would be a thing in<g ref="char:EOLhyphen"/>different;
but that it must be by Tradition, if it were not by Scripture,
or by the Church, were as if we should say, if <hi>Laelaps</hi> be not a horse, or
begotten by a Lyon, he must needs be a Bear: but these rules are like dead
mens candles, they come from no certain cause, and signifie no determin'd
effect, and whether they be at all, we are no surer then the reports of
timorous or phantastick persons can make us. But this Rule differs not at
all from the former, save onely, that speaks of doctrinal, and this of ritual
<pb n="499" facs="tcp:58903:278"/>
Traditions: but both relying upon the same reason, and that reason failing
(as I have prov'd) the propositions themselves doe fail. But then as to rites,
it is notorious beyond a denyall, that some rites used in the Universal
Church, which are also said to be such which none ought to appoint but
God, were not delivered by the Apostles. I instance in the singularity of
baptisme of Hereticks, which the whole Church now adheres to, and yet
if this descended from Apostolical Tradition, it was more then S. <hi>Cyprian</hi>
or the <hi>African</hi> Churches knew of, for they rebaptized Hereticks, and dis<g ref="char:EOLhyphen"/>puted
it very earnestly, and lived in it very pertinaciously, and died in
the opinion.</p>
                     <p>3. The third rule is,<note place="margin">41.</note> 
                        <hi>Whatsoever the Catholick Church hath kept in all
ages by-gone, may rightly be believed to have descended from the Apostles,
though it be such a thing which might have been instituted by the Church.</hi>
This rule is the same with that of <hi>Lirinensis,</hi> of which I have already given
account: and certainly in those things in which it can be made use of
(which are extremely few) it is the best, and indeed the onely good one. But
then this can relate onely to Rituals, not to matter of Doctrine; for
nothing of this can be of Ecclesiastical institution and appointment: it can<g ref="char:EOLhyphen"/>not
be a doctrine of Faith unless it be of Divine Tradition; for Christ is
the Author and finisher of our Faith, which the Church is to preach and
believe, not to enlarge or shorten, not to alter or diversify. But then as to
Rituals, the keeping of Easter on the first day of the week by this rule can<g ref="char:EOLhyphen"/>not
be prov'd to be an Apostolical Tradition; because the <hi>Asian</hi> Churches
kept it otherwise: and by this rule the keeping of Lent fast for 40. dayes
will not be found to be an Apostolical Tradition; because the observation of
it was very full of variety, and some kept it 40. houres, some a day, some
a week, as I shall afterwards in its proper place make to appear. But by
this rule the distinction of Bishops and Presbyters is an Apostolical Tradi<g ref="char:EOLhyphen"/>tion
(besides the Scriptures, by which it appears to be Divine;) by this
the consecration of the Blessed Eucharist by Ecclesiastical persons, Bishops
and Priests, is certainly a Tradition Apostolical; by this the Lords day is
deriv'd to us from the Apostles; and by this the Baptisme of infants is much
confirm'd unto the Church: and whatsoever can descend to us and be
observed in this channel, there is no sufficient reason to deny it to be
Apostolical: but then how far it can be obligatory to all Ages and to all
Churches, will be another consideration; it being on all hands confessed,
that some Rituals which were observed in the Apostles times are with good
cause and just authority laid aside by several Churches. But of this I shall
give particular accounts.</p>
                     <p>4. <hi>When all the Doctors of the Church by common consent testify concer<g ref="char:EOLhyphen"/>ning
any particular that it descends from Apostolical tradition,</hi>
                        <note place="margin">42.</note> 
                        <hi>we are to hold
it for such: whether they affirm this in all their writings, or together in a
Council.</hi> To this Rule I answer, That where it would doe good there
it is not practicable, and where it is practicable there it is not true. For it
is indeed practicable that a Council may give testimony to a particular that
it came from the Apostles; but it does not follow that they are not decei<g ref="char:EOLhyphen"/>ved,
for it never was, and it never will be that all the Doctors of the
Church shall meet together in Council, and unless they doe, their testi<g ref="char:EOLhyphen"/>mony
is not universal. But if all the Fathers should write in their Books
that such a thing was delivered by the Apostles, unless it were evidently
<pb n="500" facs="tcp:58903:279"/>
against Scripture or right reason, there could be no sufficient cause to
disbelieve it; and it were the best way we have of conveying and hand<g ref="char:EOLhyphen"/>ing
the tradition to us, next to the universal practice of the Church in
her Rituals. But there is no such thing so conveyed to us: and therefore
<hi>Bellarmine</hi> plays at small game with this Rule, and would fain have the
world admit Tradition for Apostolical, if some Fathers of great name say
so, and others that speak of the same thing contradict it not. But this is
a plain begging that, when he cannot prove a thing to be Tradition Apo<g ref="char:EOLhyphen"/>stolical
by a good argument and sufficient, we will be content to take it
without proof, or at least to be content with such as he hath, and believe
his own word for the rest, though he knowes nothing of it. If it failes or
goes less then <hi>Omnibus,</hi> and <hi>Semper,</hi> and <hi>Ubique,</hi> which is <hi>Vincentius</hi> his
measure, it cannot be warranted, and he that allowes it is more kind then
wise.<note place="margin">
                           <gap reason="illegible" resp="#TECH" extent="1 span">
                              <desc>〈…〉</desc>
                           </gap>.</note> S. <hi>Basil</hi> proves the perpetual Virginity of the Blessed Virgin <hi>Mary</hi>
by a Tradition that <hi>Zechary</hi> was slain by the Jewes between the Porch
and the Altar for affirming her to be a Virgin after the birth of her most
Holy Son:<note place="margin">
                           <gap reason="illegible" resp="#TECH" extent="1 span">
                              <desc>〈…〉</desc>
                           </gap> 23.</note> but S. <hi>Hierom</hi> sayes it is <hi>Apocryphorum somnium,</hi> a dream of
Apocryphal persons. But it was a long time before the report of the Mil<g ref="char:EOLhyphen"/>lenary
Tradition was contradicted, and yet in that intervall in which many
of the most eminent Fathers attested it to have descended from the Apo<g ref="char:EOLhyphen"/>stles,
it was neither true nor safe to have believed it. But then as to the
particular and more practicable part of this rule, That if a general Coun<g ref="char:EOLhyphen"/>cil
affirmes it to be Tradition Apostolical it is so to be accepted, it is evi<g ref="char:EOLhyphen"/>dently
fallacious and uncertain; for the second Council of Nice affirm'd the
veneration of Images to be an Apostolical Tradition: but it is so far from
being true that it was so as they affirm'd, that not onely the Apostolical
but divers of the following ages hated all Images, and did not think it law<g ref="char:EOLhyphen"/>ful
so much as to make them;<note place="margin">
                           <gap reason="illegible" resp="#TECH" extent="1 span">
                              <desc>〈…〉</desc>
                           </gap> 6.</note> of which I have already given a large account
in this book.</p>
                     <p>5. <hi>When the Apostolical Churches,</hi>
                        <note place="margin">43.</note> 
                        <hi>which from the Apostles have had un<g ref="char:EOLhyphen"/>interrupted
succession, doe witness concerning any thing that it is Apostolical
tradition, it is to be admitted for such.</hi> This rule was good before the Cha<g ref="char:EOLhyphen"/>nels
were mingled with impure waters entring in: It was used by <hi>Irenaeus,
Tertullian,</hi> S. <hi>Augustine,</hi> and others; and it was to them of great advan<g ref="char:EOLhyphen"/>tage.
But although it was good drinking of <hi>Euphrates</hi> when it newly ran
from the garden of <hi>Eden,</hi> yet when it began to mingle with the <hi>Borborus</hi> it
was not good: and who durst have trusted this Rule when <hi>Dioscorus</hi> was
Bishop of <hi>Alexandria,</hi> who yet was lineally descended from S. <hi>Mark?</hi> And
who durst have relied upon this Rule when Pope <hi>Julius</hi> absolved the <hi>Sa<g ref="char:EOLhyphen"/>bellian</hi>
Hereticks, and communicated with <hi>Marcellus Ancyranus?</hi> and when
S. <hi>Basil</hi> complains of the Western Bishops,<note place="margin">1 pist. 10.</note> and particularly the <hi>Roman,
quòd veritatem neque nôrunt, neque discere sustinent … cum iis qui verita<g ref="char:EOLhyphen"/>tem
ipsis annunciant contendentes, haeresin autem per se ipsos stabilientes:
that they neither know the truth, nor care to learn it; but they contend with
them who tell them the truth, and by themselves establish heresy. Quia multi
Principes &amp; summi Pontifices &amp; alii inferiores inventi sunt apostatasse
à fide,</hi>
                        <note place="margin">Lyra in Matth. c. 16.</note> 
                        <hi>propterea ecclcsia consistit in illis personis in quibus est notitia vera, &amp;
confessio fidei &amp; veritatis.</hi> How can this rule guide any man when all the
Apostolical Churches have fallen into error, and many Popes have been
apostates from the Faith, and the Church consisted not of Prelates, but
indifferently of all that believ'd and profess'd the truth which the Popes
<pb n="501" facs="tcp:58903:279"/>
and Princes and Prelates did deny? The Apostolical Church of Antioch
is not; and the Patriarchal Church of Alexandria is accus'd by the Latines
of great errors; and the Mother Church of Jerusalem hath no succession,
but is buried in ruines; and the Church of <hi>Rome</hi> is indeed splendid, but he
that will take her word for Tradition is sure to admit many false ones, but
not sure of any true, but such as she hath in common with all the Chur<g ref="char:EOLhyphen"/>ches
of the world.</p>
                     <p>44. I conclude therefore this question,<note place="margin">44.</note> that amongst those rules of discer<g ref="char:EOLhyphen"/>ning
Traditions truly Apostolical from them that are but pretended such,
there is no rule competent but one, which is scarcely practicable, which
indeed transmits to the Church a few Rituals, but nothing of Faith or rule
of good life; and therefore it is to no purpose to look any where else for
the Divine Rule of Conscience but in the pages of the Old and New Testa<g ref="char:EOLhyphen"/>ment:
they are sufficient, because they were intended by God to be our
onely Rule; and yet if God had intended Traditions to be taken in to in<g ref="char:EOLhyphen"/>tegrate
the Rule and to oblige our Conscience, it is certain that God in<g ref="char:EOLhyphen"/>tends
it not now, because the Traditions are lost if there were any, and
if they be now, they doe not appear, and therefore are to us as if they
were not.</p>
                     <div n="2" type="question">
                        <head>II. Question.</head>
                        <p>
                           <hi>The second Question also does very nearly relate to Conscience and
it's conduct.</hi>
                           <note place="margin">45.</note> 
                           <hi>viz.</hi> Since the Scripture is the perfect Rule of Conscience, and
contains in it all the will of God, whether or no, and how far is a negative argu<g ref="char:EOLhyphen"/>ment
from Scripture to prevail?</p>
                        <p>The resolution of this depends upon the premisses.<note place="margin">46.</note> For if Scripture
be the intire Rule of Faith, and of Manners, that is, of the whole service
and worship of God, then nothing is an article of Faith, nothing can com<g ref="char:EOLhyphen"/>mand
a moral action, that is not it's whole kind set down in Scripture.
This I proved by direct testimonies of <hi>Tertullian,</hi> S. <hi>Basil,</hi> S. <hi>Austin,</hi>
S. <hi>Cyril, Theophilus Alexandrinus</hi> and S. <hi>Hierome,</hi> in the<note n="*" place="margin">Vide <gap reason="illegible" resp="#TECH" extent="1 word">
                                 <desc>〈◊〉</desc>
                              </gap> 9.</note> foregoing
numbers. To which I adde these excellent words of S. <hi>Cyril</hi> of <hi>Jerusalem,</hi>
speaking of the Jerusalem Creed, which he had recited and explicated and
promis'd to prove from Scripture; he gives this reason, <hi>Nam Divino<g ref="char:EOLhyphen"/>rum
sanctorumque fidei mysteriorum nihil, ne minimum quidem, absque Di<g ref="char:EOLhyphen"/>vinis
Scripturis tradi debet, neque simplici probabilitate neque verborum
ornatu traduci. Not the least part of the Divine and Holy mysteries of Faith
must be delivered without the Divine Scriptures. Believe not me telling thee,
unless I demonstrate what I say from the Divine Scripture. For the safety and
conservation of our Faith relics upon the proof of the Divine Scriptures.</hi> But
because there are some particulars and some variety in the practise of this
rule, I am to consider it now to other purposes.</p>
                        <p>1. <hi>Nothing is necessary either to be believ'd or done unless it be in Scrip<g ref="char:EOLhyphen"/>ture.</hi>
                           <note place="margin">47.</note>
Thus S. <hi>Gregory Nyssen</hi> argues,<note place="margin">O<gap reason="illegible" resp="#TECH" extent="2 letters">
                                 <desc>••</desc>
                              </gap>. 2 co<gap reason="illegible" resp="#TECH" extent="3 letters">
                                 <desc>•••</desc>
                              </gap> Eunomiu<gap reason="illegible" resp="#TECH" extent="1 letter">
                                 <desc>•</desc>
                              </gap>.</note> 
                           <hi>Ubinam dixit Deus in Evangeliis
oportere credere in unum &amp; solum verum Deum? Non possent ostendere
nisi habeant ipsi novum aliquod Evangelium. Quae n. ab antiquis per tradi<g ref="char:EOLhyphen"/>tionem
ad haec usque tempora in Ecclesiis leguntur, hanc vocem non continent
quae dicat, oportere credere vel baptizare in unum solum verum Deum, quem<g ref="char:EOLhyphen"/>admodum
<pb n="502" facs="tcp:58903:280"/>
isti autumant, sed in nomen Patris &amp; Filii &amp; Spiritus Sancti.</hi> I
have I confess something wondred at the matter of this discourse. For ei<g ref="char:EOLhyphen"/>ther
the Arrians have infinitely imposed upon us, and interpolated Scri<g ref="char:EOLhyphen"/>pture
in a very material article; or else S. <hi>Gregory</hi> forgot the 17. of S. <hi>John</hi>
and the 3. verse; or else he insisted onely upon the words <gap reason="foreign">
                              <desc>〈 in non-Latin alphabet 〉</desc>
                           </gap>,
for the same sense is in the place now cited. For if this be <hi>life eternal to
know him the onely true God, and whom he hath sent Jesus Christ,</hi> then also
to believe in them onely is life eternal, and then we are tied to believe in
none else; for we cannot believe in that we doe not know. Indeed the
words are not there or any where else, that we <hi>ought to believe in</hi> [God the
Father] <hi>him, the one, onely true God,</hi> &amp;c. But certainly, if we are to
<hi>know</hi> him onely, then onely to believe in him seems to be a very good con<g ref="char:EOLhyphen"/>sequent.
But S. <hi>Basil</hi> therefore onely insisted upon the very words, and
thought himself safe (as indeed he was) upon the reverse of another argu<g ref="char:EOLhyphen"/>ment.
For since the words <hi>oportere credere in unum solum verum Deum</hi> were
not in S. <hi>John</hi> or any where else, he concluded the contrary sense from a
very good argument: we are commanded to be baptized into the faith of
Father, Son, and Holy Ghost, therefore we are to believe in three: and be<g ref="char:EOLhyphen"/>cause
the word [<hi>believe</hi>] was not set down expresly, where knowledge is
confin'd to one or two, therefore it cannot be said that we are tied to be<g ref="char:EOLhyphen"/>lieve
onely in one or two: but because to believe in three can be inferr'd
as a duty from another place, therefore it cannot be denied as a consequent
from this; and therefore he had reason to insist upon his negative argu<g ref="char:EOLhyphen"/>ment.<note place="margin">Lib. 2. de Tri<g ref="char:EOLhyphen"/>nit. cap. 5. &amp; cap. 6. contr. haer. l. 2. tom. 2.</note>
Thus S. <hi>Austin</hi> also argued, <hi>Pater enim solus nusquam legitur mis<g ref="char:EOLhyphen"/>sus,
The Father is never in Scripture said to be sent; therefore no man must
say it.</hi> So <hi>Epiphanius, Ipsa dictio non omnino cogit me de Filio Dei dicere:
non enim indicavit Scriptura, neque quisquam Apostolorum meminit, neque
Evangelium. The manner of speaking compels me not to understand it of the
Son of God: For the Scripture hath not declared it; neither the Gospel nor
any of the Apostles hath made any mention of it.</hi>
                        </p>
                        <p>2. <hi>A negative argument from the letter of Scripture is not good,</hi>
                           <note place="margin">48.</note> 
                           <hi>if the con<g ref="char:EOLhyphen"/>trary
affirmative can be drawn by consequent from any part of it.</hi> Thus our
Blessed Saviour confuting the Sadducees in the article of the Resurrection
hath given us a warranty for this proceeding; <hi>God is the God of Abraham,
Isaac, and Jacob.</hi> These were the words of Scripture. But these directly
would not doe the work. But therefore he argues from hence, <hi>God is not
the God of the dead, but of the living:</hi> therefore these men are alive. That
the Holy Ghost is God is no where said in Scripture; that the Holy
Ghost is to be invocated is no where commanded, nor any example of its
being done recorded. It follows not therefore that he is not God, or that
he is not to be invocated: and the reason is, because that he is God is a cer<g ref="char:EOLhyphen"/>tain
consequent from something that is expresly affirmed; and therefore
the negative argument is imperfect, and consequently, not concluding.
<hi>Quae neque à Christianis dicuntur neque creduntur,</hi>
                           <note place="margin">S. Greg. Nys<g ref="char:EOLhyphen"/>
                              <gap reason="illegible" resp="#TECH" extent="2 letters">
                                 <desc>••</desc>
                              </gap>n. ibid.</note> 
                           <hi>neque ex consequente per
ea quae apud nos certa sunt &amp; concessa intelliguntur,</hi> &amp;c. If Christians did
never speak, nor believe any such thing, nor can they be drawn from the
consequence of those things which are certain and granted amongst us,
then indeed it is to be rejected from our Creed. Now amongst Christi<g ref="char:EOLhyphen"/>ans
this is believed as certain, that we may pray to him in whom we be<g ref="char:EOLhyphen"/>lieve;
that we believe in him into the faith of whom we are baptized;
that we are commanded to be baptized into the belief and profession of the
<pb n="503" facs="tcp:58903:280"/>
Father, Son, and Holy Ghost: from hence Christians doe know that they
are to invocate the Holy Ghost. For S. <hi>Pauls</hi> argument is good, <hi>How shall
we call on him on whom we have not believed?</hi> therefore we may call on
him if we believe on him: according to that Rule of reason, <hi>Negatio unius
diversum affirmat, The denying of one is the affirmation of its contrary</hi> in
the like matter.<note place="margin">Lib. de Spi<gap reason="illegible" resp="#TECH" extent="2 letters">
                                 <desc>••</desc>
                              </gap> c. 1.</note> And something of this was used by <hi>Paschasius</hi> the Dea<g ref="char:EOLhyphen"/>con:
and the effect of it prevail'd upon the account of a negative from
Scripture; <hi>In nullis autem Canonicis libris, de quibus Symboli textus pen<g ref="char:EOLhyphen"/>det,
accepimus, quia in Ecclesiam credere sicut in Spiritum Sanctum Fili<g ref="char:EOLhyphen"/>úmque
debemus, We are taught in no Scripture (from whence the Creed is de<g ref="char:EOLhyphen"/>riv'd)
to believe in the Church, as we believe in the Son and in the Holy
Ghost:</hi> and therefore we ought not to doe it; but it being plain in the
Creed, and consequently in the Scripture, that we must believe in the Holy
Ghost, therefore also we may pray to him, and confess him to be God.
To the same purpose S. <hi>Basil</hi> argues concerning the Holy Spirit; <hi>Dignitate
namque ipsâ secundum esse à Filio pietatis sermo fortassis tradit: naturâ verò
tertiâ uti nec à Divinis Scripturis edocti sumus, nec ex antecedentibus possi<g ref="char:EOLhyphen"/>bile
est consequenter colligi,</hi> That the Holy Spirit is of a nature distinct from
the Father and the Son we neither are taught in Scripture, <hi>neither can it be
drawn into consequence from any antecedent pretences.</hi>
                           <note n="*" place="margin">Nónne per<g ref="char:EOLhyphen"/>spicuum est, ista, tametsi non dicantur, tamen ex illis colligi quae haec necessariò efficiant ac probent? Quae tandem? Ego sum primus, &amp; post haec, &amp; ante me non est alius Deus, &amp; post me non crit. Totum enim quicquid est, mecum est, nec principium habens, nec finem habiturum. His à Scriptura acceptis, illud quidem, quod ante eum nihil sit, nec anti quiorem causam habeat, Anarchum &amp; Ingenitum appellasti: quod autem nunquam defiturum sit, Immortale, exiti<gap reason="illegible" resp="#TECH" extent="1 letter">
                                 <desc>•</desc>
                              </gap>que expers. <hi>Nazianz. lib.</hi> 5. <hi>Theol. interprete Jacobo Billio. Et infra,</hi> Cum ergo in nominibus &amp; rebus tantum discrimen reperiatur, quid causae est cur literae tantopere s<gap reason="illegible" resp="#TECH" extent="1 letter">
                                 <desc>•</desc>
                              </gap>rvias, Judaicaeque sapientiae teipsum adjungas, relictisque rebus syllabas consecteris? Quod si te bis quinque aut bis septem dicente, decem aut quatuor decim ex verbis tuis colligerem, aut ex eo quod animal ratione praeditum. &amp; mortale diceres, homi<g ref="char:EOLhyphen"/>nem esse concluderem, an tibi viderer delirare? Neque enim verba magis sunt ejus qui loquitur quam illius qui loquendi necessitatem simul affert.</note>
                        </p>
                        <p>3. <hi>A negative argument of a word or an expression cannot be conse<g ref="char:EOLhyphen"/>quently
deduc'd to the negation of the mystery signified by that word.</hi>
                           <note place="margin">49.</note> The
Arrians therefore argued weakly, Shew us in all the Scripture that the Son
is called <gap reason="foreign">
                              <desc>〈 in non-Latin alphabet 〉</desc>
                           </gap> or <hi>Consubstantial</hi> to the Father; if you cannot, you ought
not to affirm it. For we know God is one; if therefore we finde in Scri<g ref="char:EOLhyphen"/>pture
that the Son is true God, we know he must needs be of the same sub<g ref="char:EOLhyphen"/>stance
with his Father; for two substances cannot make one God. So
though the Blessed Virgin <hi>Mary</hi> be not in Scripture called <gap reason="foreign">
                              <desc>〈 in non-Latin alphabet 〉</desc>
                           </gap> 
                           <hi>the
Mother of God,</hi> yet that she was the Mother of Jesus, and that Jesus Christ
is God, and yet but one person, that we can prove from Scripture, and that
is sufficient for the appellative: and if the Church of <hi>Rome</hi> could prove the
mystery of Transubstantiation from Scripture, we would indulge to them
the use of that word, or any other aptly to express the same thing.</p>
                        <p>4. <hi>A negative argument from Scripture is sufficient to prove an article
not to be of necessary belief,</hi>
                           <note place="margin">50.</note> 
                           <hi>but is not sufficient to prove it not to be true:</hi>
because although the Scripture is the measure of Faith and of Manners, yet
it is an adequate measure of all truth. The meaning of which rule takes
in all truths of art, experience, of prudence, of tradition and common
report. Thus although it be no where said in Scripture that our Blessed
Saviour said, <hi>Nunquam laeti sitis nisi cum Fratrem vestrum in charitate vide<g ref="char:EOLhyphen"/>ritis,
Be never very merry but when you see your Brother in charity;</hi> yet S. <hi>Hie<g ref="char:EOLhyphen"/>rome</hi>
reports it of him, and it is a worthy saying, and therefore may very
well be entertain'd, not onely as true and useful, but as from Christ. The
<pb n="504" facs="tcp:58903:281"/>
Scripture no where says that the blessed Virgin was a Virgin perpetually
to the day of her death: but as therefore it cannot be obtruded as an ar<g ref="char:EOLhyphen"/>ticle
of faith, yet there are a great many decencies and probabilities of the
thing, besides the great consent of almost all the Church of God, which
make it very fit to be entertain'd. There are some things which are <hi>piè
credibilia, there is piety in the believing them:</hi> and in such cases it is not
enough that there is nothing in Scripture to affirm it; if there be any thing
in any other topick, it is to be entertain'd according to the merit of the
thing.</p>
                        <p>5. <hi>A negative argument from Scripture does not conclude in questions of
fact:</hi>
                           <note place="margin">51.</note>
                           <note place="margin">
                              <gap reason="illegible" resp="#TECH" extent="1 span">
                                 <desc>〈…〉</desc>
                              </gap>
                           </note> and therefore S. <hi>Hierome</hi> did not argue rightly, <hi>Quanquam excepto
Apostolo non sit manifestè relatum de aliis Apostolis quod Uxores habuerint, &amp;
cum de uno scriptum sit ac de caeteris tacitum, intelligere debemiis, sine uxori<g ref="char:EOLhyphen"/>bus
eos fuisse, de quibus nihil tale Scriptura significat; The Scripture names
onely</hi> Peters <hi>wife, and does not say that any of the other Apostles were marri<g ref="char:EOLhyphen"/>ed,
therefore we are to conclude that they were not.</hi> For besides that the al<g ref="char:EOLhyphen"/>legation
is not true, and S. <hi>Paul</hi> intimates that the other Apostles as well
as <hi>Peter</hi> did lead about a Sister, a Wife; and that from thence the Fathers
did believe them all to have been married except S. <hi>John,</hi> and some also
except S. <hi>Paul;</hi> yet the argument is not good: for it may as well be con<g ref="char:EOLhyphen"/>cluded
that S. <hi>Peter</hi> never had a child, or that Christ did never write but
once when he wrote upon the ground, because the Scripture makes no
mention of either.</p>
                        <p>6. <hi>When a negative argument may be had from Scripture for both the
parts of the contradiction,</hi>
                           <note place="margin">52.</note> 
                           <hi>nothing at all can be concluded thence,</hi> but it must
be wholly argued from other topicks. The Scripture neither says that
Christ did ever laugh, nor it does not say that he did never laugh; there<g ref="char:EOLhyphen"/>fore
either of the contradicting parts may be equally inferr'd, that is
truly neither. And indeed this is of it self a demonstration that in matters
of fact and matters not necessary a negative argument from Scripture is of
no use at all.</p>
                        <p>7. <hi>But when the question is of lawful or unlawful,</hi>
                           <note place="margin">53.</note> 
                           <hi>then it is valid.</hi> If
it be not in Scripture forbidden directly or by consequent then it is lawful;
it is not by God forbidden at all. And on the other side, if it be not there
commanded it is not necessary. <hi>Lucentius</hi> thus argued in the Council of
<hi>Chalcedon, Dioscorus Synodum ansus est facere sine authoritate sedis Aposto<g ref="char:EOLhyphen"/>licae,
quod nunquam licuit, nunquam factum est.</hi> That it was never done,
proves not but it may be done; but if it was never lawful to be done, then
it was forbidden; for whatsoever is not forbidden is not unlawful: but if
it was not in Scripture forbidden, then <hi>aliquando licuit,</hi> it once was law<g ref="char:EOLhyphen"/>ful,
and therefore is always so, if we speak of the Divine Law; and if <hi>Lu<g ref="char:EOLhyphen"/>centius</hi>
speaks of that, he ought to have considered it in the instance: but
I suppose he means it of custome, or the Ecclesiastical Law; and therefore
I meddle not with the thing, onely I observe the method of his arguing.</p>
                        <p>8. <hi>An argument from the discourse of one single person omitting to af<g ref="char:EOLhyphen"/>firm
or deny a thing relating to that of which he did discourse,</hi>
                           <note place="margin">54.</note> 
                           <hi>is no competent
argument to prove that the thing it self omitted was not true:</hi>
                           <note place="margin">Lib. de fide, <gap reason="illegible" resp="#TECH" extent="1 letter">
                                 <desc>•</desc>
                              </gap> 28.</note> and therefore
<hi>Ruffinus</hi> had but a weak argument against the traduction of the soul when
<pb n="505" facs="tcp:58903:281"/>
he argued thus, <hi>Si anima quoque esset ex anima secundum illorum vanas opi<g ref="char:EOLhyphen"/>niones,
nunquam profecto hoc Adam praeterisset. Nam sicut os ex ossibus meis,
&amp; caro de carne mea dicebat, sic etiam anima ex anima mea dicere potuis<g ref="char:EOLhyphen"/>set.
Sed tantum hoc dixit quod sibi videlicet sciebat ablatum. Adam</hi> seeing
his wife, said, this is bone of my bone and flesh of my flesh, for he knew
what was taken from him; but he could have said, soul of my soul, if the
soul had been deriv'd from him. This I say is no good argument, unless
every one must be supposed when he says any thing to say all that is true,
and all that he knows: so that <hi>Ruffinus</hi> in this particular defended a good
cause with a broken sword.</p>
                        <p>9. <hi>But if that which is omitted in the discourse be pertinent and mate<g ref="char:EOLhyphen"/>rial
to the inquiry,</hi>
                           <note place="margin">55.</note> 
                           <hi>then it is a very good probability that that is not true that
is not affirmed.</hi> When the Jews asked our Blessed Saviour, Why doe the
disciples of <hi>John</hi> and of the Pharisees fast often, but thy disciples fast not?
he gave an answer that related to the present state of things and circum<g ref="char:EOLhyphen"/>stances
at that time, and said nothing of their not fasting in the time of the
Gospel: from which silence we may well conclude that there is nothing
in the Religion disobliging Christs disciples from fasting; if it had, it is very
likely it would have been then expressed when there was so apt an occa<g ref="char:EOLhyphen"/>sion,
and the answer had been imperfect without it.<note place="margin">Lib. de Script: Eccles. in Luca</note> S. <hi>Hieromes</hi> was also
very good, but not so certain as the other, against the tale of <hi>Leo</hi> baptized
after his death, and the periods of <hi>Paul</hi> and <hi>Tecla; Igitur periodos Pauli &amp;
Teclae &amp; totam baptizati Leonis fabulam inter apocryphas Scripturas compu<g ref="char:EOLhyphen"/>tamus.
Quale enim est ut individuus comes Apostoli inter caeteras ejus res
hoc solùm ignor <gap reason="illegible" resp="#TECH" extent="1 letter">
                                 <desc>•</desc>
                              </gap>verit?</hi> It is not likely that S. <hi>Luke,</hi> who continually at<g ref="char:EOLhyphen"/>tended
on S. <hi>Paul,</hi> observed all his actions, remark'd his miracles, de<g ref="char:EOLhyphen"/>scrib'd
his story, should omit things so strange, so considerable, if they
had been true.</p>
                        <p>The reason of these things is,<note place="margin">56.</note> 
                           <hi>Every thing is to be suspected false that
does not derive from that fountain whence men justly expect it, and from
whence it ought to flow.</hi> If you speak of any things that relates to God, you
must look for it there where God hath manifested himself; that is, in the
Scriptures. If you speak of any humane act or ordinance, or story and
matter of fact, you must look for it in its own spring and original, or goe
the nearest to it you can. And thus the Bishops at the conference had with
the <hi>Acephali,</hi> Hereticks who had Churches without Bishops,<note place="margin">C. Pli. A<gap reason="illegible" resp="#TECH" extent="1 letter">
                                 <desc>•</desc>
                              </gap>. Dom. 532.</note> refused their
allegations of the authority of <hi>Dionysius the Areopagite,</hi> upon this account,
<hi>Illa testimonia quae vos Dionysii Areopagitae dicitis, unde potestis ostendere
vera esse sicut suspicamini? Si enim ejus essent, non potuissent latere Beatum
Cyrillum. Quid autem de B. Cyrillo dico, quando &amp; B. Athanasius, si pro certo
scisset ejus fuisse, ante omnia in Niceno Concilio de Consubstantiali Trinitate
eadem testimonia protulisset adversus Arii diversae substantiae blasphemias?
Si autem nullus ex Antiquis recordatus est ea, unde nunc potestis ostendere
quia illius sunt, nescio.</hi> If neither S. <hi>Cyril,</hi> nor S. <hi>Athanasius,</hi> who were so
diligent to inquire, so skilful in knowing, so concern'd that these Books
should be the works of S. <hi>Dionys,</hi> did yet know nothing of them, and if
amongst the Ancients they were not known, for you Moderns now to
tell of Antiquity, what by them who then liv'd was not told, is a folly that
can never gain credit amongst reasonable persons. Let every fruit proceed
from its own root. We cannot say, because a thing is not in Scripture,
<pb n="506" facs="tcp:58903:282"/>
therefore it is not at all; but therefore it is nothing of Divine Religion.
So it is also in things relating to the Ancient Church; from thence onely
can we derive any notice of their doctrine and of their practices. For if an
article prevail'd in S. <hi>Austins</hi> time, it was no argument that therefore it
was believ'd in S. <hi>Cyprians</hi> time: but a negative argument from any Age
ought to prevail in reference to that Age; and if there be in it nothing of
Antiquity, no argument of the Moderns can prove it to be Ancient: and
<hi>Baronius</hi> said well, <hi>Quod à recentiori Authore de rebus antiquis sine alicujus
vetustioris authoritate profertur, contemnitur, What the Moderns say of the
Ancients without warranty from themselves is to be despised.</hi> One thing one<g ref="char:EOLhyphen"/>ly
I am to adde to this out of <hi>Vincentius Lirinensis,</hi>
                           <note place="margin">
                              <gap reason="illegible" resp="#TECH" extent="1 span">
                                 <desc>〈…〉</desc>
                              </gap>
                           </note> 
                           <hi>Quicquid vero ab Anti<g ref="char:EOLhyphen"/>quo
deinceps Uno praeter omnes, vel contra omnes Sanctos novum &amp; inaudi<g ref="char:EOLhyphen"/>tum
subinduci senserit, id non ad religionem sed ad tentationem potiùs intelli<g ref="char:EOLhyphen"/>gat
pertinere,</hi> If one of the Fathers say a thing, and the others say it not,
but speak diversly or contrarily, that pertains not to Religion, but to tem<g ref="char:EOLhyphen"/>ptation.
I doubt not but he intended it against S. <hi>Austin,</hi> who spake
things in the matter of Predestination, and the damnation of infants, and
other appendant questions against the sense of all the Fathers that were
before him;<note place="margin">Lib. 4 cap. 2. <gap reason="illegible" resp="#TECH" extent="1 word">
                                 <desc>〈◊〉</desc>
                              </gap> Ma <gap reason="illegible" resp="#TECH" extent="1 letter">
                                 <desc>•</desc>
                              </gap>cion.</note> one (it may be) or scarce one being excepted. And to the
same purpose <hi>Tertullian</hi> argued against <hi>Marcion</hi> concerning a pretended
Gospel of S. <hi>Paul, Etsi sub ipsius Pauli nomine Evangelium Marcion intu<g ref="char:EOLhyphen"/>lisset,
non sufficeret ad fidem singularitas instrumenti destituta patrocinio An<g ref="char:EOLhyphen"/>tecessorum.</hi>
If you cannot bring testimony from the Fathers and Ancient
Records, you must not receive it; one alone is not to be trusted. He that
affirms must prove; to him that denies, a negative argument is sufficient.
For to a mans belief a positive cause is required, but for his not belie<g ref="char:EOLhyphen"/>ving,
it is sufficient that he hath no cause.<note place="margin">Dial. adv. Lu<g ref="char:EOLhyphen"/>ciferianos.</note> Thus S. <hi>Hierome</hi> argues well
against the rebaptizing of converted Hereticks, <hi>Ad eos venio haereticos qui
Evangelia laniaverunt….quorum plurimi vivente adhuc Johanne Apo<g ref="char:EOLhyphen"/>stolo
eruperunt, &amp; tamen nullum eroum legimus rebaptizatum.</hi> Of all the He<g ref="char:EOLhyphen"/>reticks
which appeared in S. <hi>Johns</hi> time, we never read of any that was
rebaptiz'd: and therefore it is to be presumed they were not; for a thing
so considerable and so notorious, in all reason would have given some
signs, and left some indications of it. But then it is to be observed,</p>
                        <p>10. <hi>A negative argument must not be</hi> 
                           <gap reason="foreign">
                              <desc>〈 in non-Latin alphabet 〉</desc>
                           </gap> 
                           <hi>a partial or a broken
piece of a medium.</hi>
                           <note place="margin">57.</note> You cannot argue rightly thus, S. <hi>John</hi> in his Gospel
speaks nothing of the Sacrament of the Lords Supper, therefore that
Sacrament is no part of the doctrine of salvation. For three Evangelists
had done it before him, and therefore he did not; and a negative argu<g ref="char:EOLhyphen"/>ment
onely from one Gospel cannot conclude rightly concerning any ar<g ref="char:EOLhyphen"/>ticle
of the Religion. And this is very evident in matters of fact also. For
if it be argued thus, We doe not finde in Scripture nor in the days of the
Apostles any infant baptized; therefore we conclude there was none.
This is <gap reason="foreign">
                              <desc>〈 in non-Latin alphabet 〉</desc>
                           </gap>. It is true, if there were no way else to finde it but the
practice of the Apostles, the negative argument had been very good;
but we derive it from the force of Christs words of institution, and of
his discourse with <hi>Nicodemus,</hi> and the analogy of Circumcision, and the
practice of the Jews in baptizing their children, and many proprieties of
Scripture, and the effect of the Sacrament, and the necessities of regenera<g ref="char:EOLhyphen"/>tion.
S. <hi>Irenaeus</hi> his negative argument was good;<note place="margin">Lib. 1. c. 1.</note> 
                           <hi>Quod neque Prophetae
praedicaverunt, neque Dominus docuit, neque Apostoli tradiderunt,</hi> &amp;c. If
<pb n="507" facs="tcp:58903:282"/>
neither <hi>Moses</hi> nor the Prophets, Christ nor his Apostles have taught it, it
is not to be received as any part of Christian doctrine. For this negative is
integral &amp; perfect. But S. <hi>Cyril</hi> of <hi>Alexandria</hi> disputed also well with his ne<g ref="char:EOLhyphen"/>gative
argument from Antiquity,<note place="margin">Frima parte Concil. Ephes. cap. 25</note> 
                           <hi>Etenim nomen hoc</hi> 
                           <gap reason="foreign">
                              <desc>〈 in non-Latin alphabet 〉</desc>
                           </gap> 
                           <hi>nullus unquam
Ecclesiasticorum Doctorum repudiavit: qui autem illo subinde usi sunt, &amp;
multi reperiuntur, &amp; maximè celebres.</hi> Many famous Doctors used this
word, calling the Virgin <hi>Mary the Parent of God;</hi> and none ever refused
it; therefore it may safely be used. If the negative argument from Scri<g ref="char:EOLhyphen"/>pture
or Antiquity respectively can run thus, It was not condemn'd in Scri<g ref="char:EOLhyphen"/>pture
or Antiquity, but it was used, therefore it is good; the argument
concludes rightly in relation to Scripture, and probably in relation to An<g ref="char:EOLhyphen"/>tiquity.
But if it be said onely, <hi>the Scripture condemnes it not,</hi> but neither
does it approve it, then it cannot be concluded to be <hi>laudable,</hi> but onely
<hi>not criminal.</hi> But if it be said of Antiquity, it was neither condemn'd nor
us'd, it cannot be inferr'd from thence that it is either laudable or inno<g ref="char:EOLhyphen"/>cent.
The reason is, because Scripture is the measure of lawful and unlaw<g ref="char:EOLhyphen"/>ful,
but the writings of the Doctors are not; and these may be deficient,
though that be full.</p>
                        <p>11. <hi>In the mysteries of Religion,</hi>
                           <note place="margin">58.</note> 
                           <hi>and in things concerning God, a nega<g ref="char:EOLhyphen"/>tive
argument from Scripture ought to prevail both upon our faith and upon
our inquiries, upon our belief and upon our modesty.</hi> For as S. <hi>Austin</hi> said
well, <hi>De Deo etiam vera loqui periculosissimum, It is hard to talk many things
of God:</hi> we had need have good warranty for what we say; and therefore
it is very fit we speak Scripture in the discourses of God. And thus S. <hi>Au<g ref="char:EOLhyphen"/>stin</hi>
argued,<note place="margin">Lib. 2. de Tri<g ref="char:EOLhyphen"/>nit. cap. 6.</note> 
                           <hi>Ideo nusquam scriptum est quod Deus Pater major sit Spiritu
Sancto, vel Spiritus Sanctus sit minor Deo Patre: quia non sic assumpta est
Creatura, in qua appareret Spiritus Sanctus, sicut assumptus est Filius homi<g ref="char:EOLhyphen"/>nis.</hi>
Since it is no where written that the Father is greater then the Spirit,
we ought not to say he is. But if it be objected that neither does the Scri<g ref="char:EOLhyphen"/>pture
say, that he is not greater, it does not say that they are equal; and
therefore it will be hard to use a negative argument in such cases; and how
shall we know which part of the negative to follow? I answer, it is very
true according to the sixth proposition num. 52. but then in this case we
must inquire for other words of Scripture by which we may be directed,
and proceed accordingly, or inquire into the analogy of faith, or the mea<g ref="char:EOLhyphen"/>sures
of piety: but if there be nothing to determine to any side of the
negative, we must say nothing; and if there be, yet we must say but little,
because the notice is not great.</p>
                        <p>12. Lastly,<note place="margin">59.</note> 
                           <hi>In matters of envy and burden, a Negative argument even
in matter of fact ought to prevail, unless the contrary be proved by some other
competent Topick.</hi> That the Clergy ought not to marry is no where affir<g ref="char:EOLhyphen"/>med
in Scripture, and therefore it is permitted; and because it is agree<g ref="char:EOLhyphen"/>able
to Nature, and the Lawes of all republicks<g ref="char:punc">▪</g> their marriage is also holy
and pleasing to God. A burden must be directly imposed; a man must
not be frighted or scar'd into it. When our Blessed Saviour reproved the
Pharisees for imposing heavy burdens, such which God impos'd not,
he taught us the value of this argument; <hi>ubi scriptum est?</hi> shew us where
it is written that this is displeasing to God: if it be no where forbidden,
<hi>praesumitur pro libertate;</hi> all men are as free as they were born. How this
can be altered by the lawes of man will be afterwards consider'd. In the
<pb n="508" facs="tcp:58903:283"/>
mean time God hath left us under no more restraints then are describ'd in
Scripture. This argument S. <hi>Chrysostome</hi> urges against the necessitie of
corporal afflictions to a contrite weeping penitent. <hi>Lacrymas Petri lego,
Satisfactionem non lego.</hi> I read that S. <hi>Peter</hi> wept, I doe not read that he
impos'd penances on himself. The argument were good from this place,
if the case be not special, or if it be not altered by some other considera<g ref="char:EOLhyphen"/>tion.
This is also to be extended to such negative arguments as are taken
from matter of fact in accusations, and criminal proceedings: not that it
can of it self be great enough to prevail, but that the case is so favourable,
that every little thing ought to be strong enough.<note place="margin">Apud Facun<g ref="char:EOLhyphen"/>dum lib. 10. cap. 5</note> Thus S. <hi>Athanasius</hi> de<g ref="char:EOLhyphen"/>fended
his Decessor <hi>Dionysius: Et prius eorum Authorem Dionysium per hoc
voluit esse purgatum, atque ab Arianorum crimine alienum, quod ipse non
sicut Arius cum viveret de impietate fuerat accusatus, aut de Episcopatu de<g ref="char:EOLhyphen"/>jectus,
neque velut haeresim defendens de Ecclesia, sicut ille, decesserit, sed in
ejus permanserit unitate. Dionysius was not accused while he was alive, he
was not thrown from his Bishoprick, he did not depart from the Church, but
remain'd in her Communion; and therefore he was no Arian.</hi> But argu<g ref="char:EOLhyphen"/>ments
of this nature, when the <hi>medium</hi> is so limited, and the instance so
particular, have their force onely by accident. For this and the like
Negatives are good arguments when they are the best light in the que<g ref="char:EOLhyphen"/>stion,
that is, when nothing greater can be said against them, or when men
are easy and willing to be perswaded; as in the questions of burden and
trouble all men ought.</p>
                     </div>
                     <div n="3" type="question">
                        <head>III. Question.</head>
                        <p>Whether there may be any new articles of Faith:<note place="margin">60.</note> 
                           <hi>or</hi> that the Creed of
the Church may so increase that what is sufficient to salvation in one age, can<g ref="char:EOLhyphen"/>not
serve in another.</p>
                        <p>If this Question were to be determin'd by witnesses,<note place="margin">61.</note> it were very easy
to produce many worthy ones. <hi>Theodorus</hi> the Bp. of <hi>Rome</hi> in his Synodical
Epistle to <hi>Paul</hi> the <hi>Patriarch</hi> of <hi>Constantinople</hi> thus concludes against the
<hi>Monothelites, Sufficit nobis fides quam sancti Apostoli praedicaverunt, Con<g ref="char:EOLhyphen"/>cilia
firmaverunt, &amp; Patres consignaverunt, That faith which the Apostles
preach'd, which the Councils have confirm'd, which the Fathers have con<g ref="char:EOLhyphen"/>sign'd,
that faith is sufficient for us:</hi> Therefore nothing new can be super<g ref="char:EOLhyphen"/>induc'd.
After the Apostles had done preaching, the Faith was ful and in<g ref="char:EOLhyphen"/>tire.
It was so long before they died; but after their death the instru<g ref="char:EOLhyphen"/>ments
were seal'd and ratified, and there could be nothing put to them,
but our obedience and consent. And therefore <hi>Victor</hi> Bp. of <hi>Carthage</hi> in
his Synodical Epistle to <hi>Theodorus</hi> gives caution against any thing that is
new. <hi>Vestrum est itaque, Frater Sanctissime, Canonica discretione solita con<g ref="char:EOLhyphen"/>trariis
Catholicae fidei obviare, nec permittere noviter dici quod patrum vene<g ref="char:EOLhyphen"/>rabilium
authoritas omnino non censuit. You must not permit any thing to be
newly said, which the authority of the venerable Fathers did not think fit.</hi>
If therefore the Fathers did not say it was necessary to believe any
other articles then what they put into their confessions of Faith; he that
sayes otherwise now is not to be suffer'd. Excellent therefore is the Coun<g ref="char:EOLhyphen"/>sel
of S. <hi>Cyprian,</hi>
                           <note place="margin">Epist. 74. ad Pompeium.</note> 
                           <q>As it happens when the pipes of an aquaeduct are
broken or cut off, the water cannot run, but mend them and restore the
<pb n="509" facs="tcp:58903:283"/>
water to it's course, and the whole city shall be refreshed from the foun<g ref="char:EOLhyphen"/>tains
head: <hi>Quod &amp; nunc facere oportet Dei sacerdotes, praecepta Divina
servantes, ut si in aliquo nutaverit &amp; vacillaverit veritas, ad originem
Dominicam &amp; Evangelicam &amp; Apostolicam traditionem revertamur, &amp; inde
surgat actus nostri ratio, unde &amp; ordo &amp; origo surrexit. So must Gods Priests
doe, keeping the Divine Commandements: if the truth be weakned or faile in
any thing, let a recourse be made to the Original, to the fountain of Christ and
his Apostles, to what hath been delivered in the Gospel; that thither our faith
may return from whence it did arise.</hi>
                           </q>
                        </p>
                        <p>From the simplicity,<note place="margin">62.</note> truth and ingenuity of this discourse it will plain<g ref="char:EOLhyphen"/>ly
follow, that what was the faith at first, the same it is now and no other,
<hi>Sicut erat in principio</hi> &amp;c. <hi>As it was in the beginning,</hi> so it is now, and so
it shall be for ever. For to what purpose can it be advis'd that in all questi<g ref="char:EOLhyphen"/>ons
of faith or new springs of error we should returne to the fountains of
our Saviour and the first emanations of the Apostles, but because no Di<g ref="char:EOLhyphen"/>vine
truth is warrantable but what they taught, no necessity is to be pre<g ref="char:EOLhyphen"/>tended
but what they impos'd? If it was their faith, it is and must be ours;
but ours it ought not to be, if it was not theirs.</p>
                        <p>Now concerning this,<note place="margin">63.</note> there are very material considerations. 1. What<g ref="char:EOLhyphen"/>soever
the Apostles taught we must equally believe, if we equally know it:
but yet all that they taught is not equally necessary to be taught; but
onely so much as upon the knowledge of which good life is superstructed
and our hopes of heaven depend. Whatsoever is in the Scripture is alike
true, but whatsoever is there is not alike necessary, nor alike useful, nor alike
easy to be understood. But whatsoever by reading or hearing or any other
instrument we come to learn to be the truth of God, that we must believe:
because no man disbelieves any such thing, but he disownes God. But
here the question is not what we must believe when we know it to be the
word of God, for that is every thing; but how much we are bound to
know, what must be taught to all Christians, how much their memory and
their hearts must be charged withall. For the Faith of a Christian is not
made up of every true proposition; but of those things which are the
foundation of our obedience to God in Jesus Christ, and the endearment
of our duty, and the stabiliment of our hope. Faith, Hope, and Charity,
are the <hi>fundamentum, paries &amp; tectum, the foundation, the walls and the roofe</hi>
of our building: Now this foundation is that necessary belief, without
which nothing could subsist in our Religion.</p>
                        <p>2. This foundation was by Christ and his Apostles laid sure,<note place="margin">64.</note> but at
first it was made but of a just latitude and eveness with the intended
building. It was a little enlarged and paraphras'd by the Apostles and
Apostolical men in their dayes; the Faith of Christians was the most easy
and plain, the most simple and wise thing in the world: it was wholly an
art of living well, and believing in God through Jesus Christ. And what
<hi>Seneca</hi> said of the wisdome of the old men in infant <hi>Rome,</hi>
                           <note place="margin">Senec. ep. 9<gap reason="illegible" resp="#TECH" extent="1 letter">
                                 <desc>•</desc>
                              </gap>.</note> is very true
of the <hi>Aborigenes</hi> in Christianity, in the first spring of our Religion; <hi>Anti<g ref="char:EOLhyphen"/>qua
sapientia nihil aliud quam facienda &amp; vitanda praecepit: &amp; tum longè
meliores erant viri: postquam docti prodierunt, desunt boni. The Ancient
and primitive wisdome did onely command vertue, and prohibite vice; and
then men liv'd good lives: but when they became more learned they became
<pb n="510" facs="tcp:58903:284"/>
less vertuous. Simplex erat ex simplici causa valetudo: multos morbos
multa fercula fecerunt.</hi> The old world eat a simple and a natural diet,
and they had a simple and a natural religion: but when variety of dishes
were set upon the table, variety of diseases entred together with them.
Now in what instance the simplicity of a Christian was at first exercised
we find in S. <hi>Irenaeus.</hi>
                           <note place="margin">Leo. 2. cap. 45.</note> 
                           <hi>Melius itaque est nihil omnino scientem quempiam, ne
quidem unam causam cujuslibet eorum quae facta sunt, cur factum, &amp; credere
Deo, &amp; perseverare in ejus dilectione quae hominem vivificat, nec aliud in<g ref="char:EOLhyphen"/>quirere
ad scientiam nisi Jesum Christum filium Dei qui pro nobis cruci<g ref="char:EOLhyphen"/>fixus
est, quam per quaestionum subtilitates &amp; multiloquium in impietatem
cadere. It is therefore better for a man to know absolutely nothing of the causes
of things why any thing was done, [and to believe in God, and to persevere in
his love that makes a man to live, and to inquire after no knowledg but to know
Jesus Christ the Son of God who was crucified for us] then by subtile questions
and multitude of words to fall into impiety.</hi>
                        </p>
                        <p>3. If we observe the Creeds or Symbols of belief that are in the New
Testament,<note place="margin">65.</note>
                           <note place="margin">Joh. 11. 26, 27.</note> we shall find them very short. <hi>Lord, I believe that thou art the
Son of God who was to come into the world.</hi>
                           <note place="margin">Ma<gap reason="illegible" resp="#TECH" extent="1 letter">
                                 <desc>•</desc>
                              </gap>h. 16. 16. John 6. 69.</note> That was Martha's Creed. <hi>Thou
art Christ the Son of the living God.</hi> That was <hi>Peters</hi> Creed. <hi>We know and
believe that thou art Christ the Son of the living God.</hi> That was the
Creed of all the Apostles.<note place="margin">Joh. 17. 3</note> 
                           <hi>This is life eternal, that they know thee the
onely true God, and whom thou hast sent, Jesus Christ.</hi> That was the Creed
which our Blessed Lord himself propounded. And again, <hi>I am the resur<g ref="char:EOLhyphen"/>rection
and the life: he that believeth in me, yea though he were dead, yet shall
he live, and he that liveth and believeth in me shall not die for ever.</hi> That
was the Catechisme that Christ made for <hi>Martha,</hi> and question'd her
upon the article, <hi>Believest thou this?</hi> And this belief was the end of the
Gospel,<note place="margin">Joh. 20. 31.</note> and in sufficient perfect order to eternal life. For so S. <hi>John, These
things are written, that ye might believe that Jesus is the Christ, the Son of
God, and that believing ye might have life through his Name. For this i<gap reason="illegible" resp="#TECH" extent="1 letter">
                                 <desc>•</desc>
                              </gap>
the word of Faith which we preach, namely, if you with the mouth confess Je<g ref="char:EOLhyphen"/>sus
to be the Lord,</hi>
                           <note place="margin">Rom. 10. 8, 9.</note> 
                           <hi>and believe in your heart that God raised him from the dead,
you shall be saved.</hi> That's the Christians Creed. <hi>For I have resolved to know
nothing amongst you, but Jesus Christ and him crucified; that in us ye may
learn not to be wise above that which is written,</hi>
                           <note place="margin">1 Co<gap reason="illegible" resp="#TECH" extent="1 letter">
                                 <desc>•</desc>
                              </gap>. 2. 2.</note> 
                           <hi>that ye may not be puffed up
one for another, one against another.</hi> That was S. <hi>Paul's</hi> Creed, and that
which he recommends to the Church of <hi>Rome,</hi> to prevent factions and
Pride and Schisme. The same course he takes with the Corinthian
Church;<note place="margin">1 Cor. 15. 1.</note> 
                           <hi>I make known unto you the Gospel which I preached unto you, which
ye have received, in which ye stand, and by which ye are sav'd, if ye hold what
I deliver'd to you,</hi> &amp;c. Well; what is that Gospel by which they should be
sav'd? It was but this, <hi>That Christ died for our sins, that he was buried, that
he rose again the third day,</hi> &amp;c. So that the summe is this, The <hi>Gentiles
Creed</hi> or the <hi>Creed</hi> in the natural law is that which S. <hi>Paul</hi> sets down in the
Epistle to the Hebrews, <hi>Deum esse, &amp; esse Remuneratorem,</hi> that <hi>God is, and that
God is a rewarder.</hi> Adde to this the Christian Creed, that Jesus is the Lord,
that he is the Christ of God, that he died for our sins, that he rose again
from the dead; and there is no question but he that believes this heartily,
and confesses it constantly, and lives accordingly, shall be saved: we cannot
be deceived; it is so plainly, so certainly affirm'd in Scripture, that there
is no place left for haesitation.<note place="margin">1 J<gap reason="illegible" resp="#TECH" extent="1 letter">
                                 <desc>•</desc>
                              </gap>k. 3. 23.</note> 
                           <hi>For this is his praecept, that we believe in the
<pb n="511" facs="tcp:58903:284"/>
Name of his Son Jesus Christ, and that we love one another.</hi> So S. <hi>John.</hi> This
is his precept. True, and so there are many more: but why is this so
signally remark'd, but because this is the fundamental precept, that upon
which all the rest are superstructed? that is the foundation of faith and
manners, &amp; he that keeps this Commandement shall never perish, <hi>For other
foundation can no man lay then this which is laid,</hi>
                           <note place="margin">
                              <gap reason="illegible" resp="#TECH" extent="1 letter">
                                 <desc>•</desc>
                              </gap> Cor. 3. 11,</note> 
                           <hi>which is Jesus Christ. But
if any man shall build upon this foundation,</hi>
                           <note place="margin">12,</note> 
                           <hi>gold, silver, pretious stones, wood,
hay, stubble, Every mans work shall be made manifest; for that day shall de<g ref="char:EOLhyphen"/>clare
it,</hi>
                           <note place="margin">13,</note> 
                           <hi>because it is revealed in fire; and every ones work the fire shall prove
what it is. If any mans work which he hath superstructed shall remain, he shall
receive a reward.</hi>
                           <note place="margin">14,</note> 
                           <hi>But if any mans work shall be burned, he shall receive loss,
yet himself shall be sav'd, but so as by fire.</hi> Nothing more plain,<note place="margin">15.</note> then that
the believing in Jesus Christ is that fundamental article upon which every
other proposition is but a superstructure, but it self alone with a good
life is sufficient to Salvation. All other things are advantage or disadvan<g ref="char:EOLhyphen"/>tage
according as they happen; but Salvation depends not upon them.
<hi>For every Spirit which confesseth Jesus Christ to have come in the flesh is of
God,</hi>
                           <note place="margin">1 Joh. 4. 2. 1 Joh. 5. <gap reason="illegible" resp="#TECH" extent="1 letter">
                                 <desc>•</desc>
                              </gap>.</note> 
                           <hi>and whosoever shall confess that Jesus is the Son of God, God abideth in
him, and he in God:</hi> and, <hi>Every one that believeth that Jesus is Christ is
born of God:</hi> and, <hi>who is he that overcometh the world, but he that believeth
that Jesus is the Son of God?</hi>
                        </p>
                        <p>In proportion to this <hi>measure of faith,</hi>
                           <note place="margin">66.</note> the Apostles preach'd <hi>the
doctrine of faith.</hi>
                           <note place="margin">Act. 2. 24. &amp; 3. 15.</note> S. <hi>Peters</hi> first Sermon was, that <hi>Jesus is Christ, that he was
crucified, and rose again from the dead:</hi> and they that believed this were
presently baptized. His second Sermon was the same; and then also he
baptized Proselytes into that confession. And when the Eunuch had con<g ref="char:EOLhyphen"/>fessed
that Jesus Christ is the Son of God, <hi>Philip</hi> presently baptized him.
And it is observable, that when the Eunuch had desir'd baptisme, S. <hi>Philip</hi>
told him, <hi>He might</hi> if he did believe: <hi>and was,</hi> when he made that confes<g ref="char:EOLhyphen"/>sion;
intimating that this is the Christian Faith,<note place="margin">Act. 8. 12, 3<gap reason="illegible" resp="#TECH" extent="1 letter">
                                 <desc>•</desc>
                              </gap> 38.</note> which is the foundation
of all his hope, and the condition of his baptisme, and therefore sufficient
for his Salvation. For indeed that was the summe of all that <hi>Philip</hi>
preached; for it is said of him, that <hi>he preached things concerning the
Kingdome of God, and the name of Jesus Christ.</hi> And this was the summe
of all that S. <hi>Paul</hi> preached in the Synagogues and assemblies of the people,
this he disputed for, this he prov'd laboriously; that Jesus is Christ, that
he is the Son of God, that he did, that he ought to suffer, and rise again the
third day: and this was all that new doctrine for which the Athenians and
other Greeks wondred at him, and he seem'd to them to be a setter forth
of strange gods,<note place="margin">Acts 9. 20 17. 2.</note> 
                           <hi>because he preached Jesus and the resurrection.</hi> This was
it into which the Jaylor and all his house were baptized; this is it which
was propounded to him as the onely and sufficient means of Salvation;
<hi>Believe in the Lord Jesus, and thou shalt be saved and all thine house.</hi>
                           <note place="margin">Acts 16. 31.</note> This
thing was illustrated sometimes with other glorious things still promoting
the faith and honour of Jesus, as that he ascended into heaven and shall be
the Judge of all the world. But this was the whole faith; <gap reason="foreign">
                              <desc>〈 in non-Latin alphabet 〉</desc>
                           </gap>,
<hi>the things which concerned
the Kingdome of God, and the name of Jesus Christ,</hi> was the large circum<g ref="char:EOLhyphen"/>ference
of the Christian faith. That is, such articles which represent God
to be our Lord, and Jesus Christ to be his Son, the Saviour of the world,
that he died for us, and rose again and was glorified and reigns over all the
<pb n="512" facs="tcp:58903:285"/>
world, and shall be our Judge, and in the resurrection shall give us accor<g ref="char:EOLhyphen"/>ding
to our works; that in his name onely we shall be saved, that is, by
faith and obedience in him, by the mercies of God revealed to the world in
Jesus Christ: this is all which the Scripture calls necessary: this is that
faith alone into which all the Church was baptized: which faith, when it
was made alive by charity, was and is the faith by which <hi>the Just
shall live.</hi>
                        </p>
                        <p>This excellent summary of Faith we find also but with a very little
Paraphrase propounded as sufficient by <hi>S. Polycarp</hi> in that excellent Epistle
of his to the <hi>Philippians,</hi>
                           <note place="margin">67.</note> which <hi>S. Irenaeus</hi> so much commends, <hi>Fidei vestrae
firmitas à principio usque nunc permanet, &amp; sanctificatur in Domino Jesu
Christo, This is the firmness of your faith from the beginning, which remains
unto this day, and is sanctified in Jesus Christ.</hi> This S. <hi>Ignatius</hi> calls <hi>ple<g ref="char:EOLhyphen"/>nam
de Christo cognitionem,</hi>
                           <note place="margin">Ad Magnes.</note> 
                           <hi>a full knowledge concerning Christ:</hi> then he
reckons the generation of the Son from God the Father before all worlds,
his being born of the Virgin <hi>Mary,</hi> his holy life, his working miracles, his
preaching one God even the Father, his passion and crucifixion, his death
and resurrection, his ascension and sitting at the right hand of God, and
that in the end of the world he shall rise again to judge the quick and the
dead, and to give to every one according to their works. When he hath
recited this, he addes, <hi>Haec qui planè cognorit &amp; crediderit, beatus est, He
that plainly knowes these things and believes them, is blessed.</hi> And in another
Epistle,<note place="margin">Ad Philip.</note> after the recitation of such another Creed, he addes, <hi>He that be<g ref="char:EOLhyphen"/>lieves
these things,</hi>
                           <note place="margin">Coll. cum Tryph.</note> 
                           <hi>is blessed that ever he was born. Justin Martyr</hi> affirmes
expressly, that if any man should even then live according to the law of
<hi>Moses</hi> (I suppose he means the law of the ten Commandements) so that he
believes in Jesus Christ crucified, and acknowledge him for the Christ of
God, to whom is given the judgment of all the world, he also shall possess
the Eternal Kingdome.</p>
                        <p>
                           <hi>The same Creed in more words but no more articles is recited by
S.</hi> Irenaeus <hi>in his second and third chapters of his first book,</hi>
                           <note place="margin">68.</note> 
                           <hi>saying that</hi>
the Church throughout all the world being planted by the Apostles to the ends
of the Earth, and by their Disciples, hath received this faith. He of all the
Prelates that is most powerful in speech cannot say any thing else: for no man
is above his Master, and he that is weak in speaking cannot say less. For since
the faith is one and the same, he that speaks much cannot say more, and he that
speaks little must not say less. <hi>And afterwards speaking of some barbarous
nations that had not the Scriptures,</hi>
                           <note place="margin">Lib. 3. cap. 4.</note> 
                           <hi>yet having this faith, which he there
shortly recites, beginning with belief in God the Father, the maker of the
world, and in Jesus Christ, repeating the usual articles of his being born of
the Virgin</hi> Mary, <hi>his being the Son of God, his reconciling God and man,
his suffering under</hi> Pontius Pilate, <hi>his rising again and being received into
glory, and his last judgment: he addes,</hi> Hanc fidem qui sine literis crediderunt
quantum ad sermonem nostrum Barbari sunt, quantum autem ad sententiam
&amp; consuetudinem &amp; conversationem propter fidem, sapientissimi sunt &amp;
placent Deo, conversantes in omni justitia, castitate &amp; sapientia, They
who believe this faith are most wise in their sentence and custome and con<g ref="char:EOLhyphen"/>versation
through faith, and they please God, living in all justice, chastity
and wisdome.</p>
                        <p>
                           <pb n="513" facs="tcp:58903:285"/>
Here were almost two Ages spent by this time, in which the most pe<g ref="char:EOLhyphen"/>stilent
Heresies that ever did trouble the Church did arise,<note place="margin">69.</note> in which some
of the Questions were talk'd of and disputed, and which afterwards by the
zeal of some that overvalued their own forms of speaking pass'd into a
faction; and yet in all this time, and during all that necessity, there was no
more added to the Christian Creed, no more articles for the condemna<g ref="char:EOLhyphen"/>tion
of any new heresy: whatsoever was against this was against the faith;
but any thing else they reprov'd if it were false, but did not put any more
into their Creed. And indeed they ought not. <hi>Regula quidem fidei una
omnino est, sola immobilis &amp; irreformabilis, Credendi scil in Unum Deum,</hi> &amp;c.
saith <hi>Tertullian;</hi>
                           <note place="margin">De vela<gap reason="illegible" resp="#TECH" extent="2 letters">
                                 <desc>••</desc>
                              </gap> Virgin. cap. 1</note> 
                           <hi>The Rule of faith is altogether One, and immovable and un<g ref="char:EOLhyphen"/>alterable.
This law of faith remaining, other things may be inlarged according
as the grace of God multiplies upon us.</hi> But for the faith it self here con<g ref="char:EOLhyphen"/>sign'd
and summ'd up, the Epistle of <hi>Celestine</hi> to <hi>Nestorius</hi> is very affirma<g ref="char:EOLhyphen"/>tive
and clear, <gap reason="foreign">
                              <desc>〈 in non-Latin alphabet 〉</desc>
                           </gap>,
<hi>The faith or Creed delivered by the Apostles requires neither
addition nor defalcation. Neque enim ulla extitit haeresis quae non hoc Sym<g ref="char:EOLhyphen"/>bolo
damnari potuit, There was never any heresie but this Creed was suffici<g ref="char:EOLhyphen"/>ent
for its condemnation,</hi> said the Catechism of the Archbishop of <hi>Triers.</hi>
                        </p>
                        <p>This faith passing into all the world was preserved with great sacred<g ref="char:EOLhyphen"/>ness
and great simplicity,<note place="margin">70.</note> no Church varying from it at all: some indeed
put some great things into it which were appendages to the former; but
the fullest and the most perfect were the Creeds of <hi>Jerusalem</hi> and <hi>Rome,</hi>
that is, the same which the Greek and Latine Church use at this day. The
first and the most simple forms were sufficient; but these fuller forms being
compiled by the Apostles themselves or Apostolical men, and that from
the words of Scripture, made no great alteration: the first were not too
little, and these were not too much. The first was the thing it self, which
was of a declar'd sufficiency; but when the Apostles were to frame an in<g ref="char:EOLhyphen"/>strument
of Confession, <gap reason="foreign">
                              <desc>〈 in non-Latin alphabet 〉</desc>
                           </gap> 
                           <hi>a form of doctrine</hi> by way of art and
method, they put in all that <hi>they directed</hi> by the Holy Spirit of God knew
to contain the whole faith of a Christian. Now of this form so described,
so delivered, so received, the Fathers of the Church affirm that it is intire
and sufficient, and nothing is to be added to it. <hi>Ergo &amp; cunctis credentibus
quae continentur in praefato symbolo salus animarum &amp; vita perpetua bonis
actibus praeparatur,</hi> said the Author of the Epistle to S. <hi>James</hi> attributed
to S. <hi>Clement, To all that believe those things contained in the foresaid
Symbol or Creed, and doe good deeds, salvation of their souls and eternal life
is prepared.</hi>
                        </p>
                        <p>And therefore this summary of faith was called,<note place="margin">71.</note> 
                           <gap reason="foreign">
                              <desc>〈 in non-Latin alphabet 〉</desc>
                           </gap>,
<hi>Regula
fidei, depositum, breve Evangelium, The form</hi> or <hi>exemplar of doctrine, the
Canon, a description of sound words, the proportion</hi> or <hi>measure of Faith, the
milky way,</hi> or <hi>the Introduction of Novices, the Elements of the beginning of
the Oracles of God, the Repository of faith, the faith that was delivered to the
Saints, the Rule of Faith, that which was intrusted to the Church, A short
Gospel.</hi> These and divers other appellatives of the Creed were used by the
ancient Doctors, most of them taken out of Scripture. For what the
Scriptures did affirm of the whole Faith, that the Fathers did apply to this
<pb n="514" facs="tcp:58903:286"/>
Creed, as believing it to contain all that was necessary. And as a grain
of Mustard-seed in little contains in it many branches, so also this faith in
a few words involves all the knowledge [the necessary knowledge] of the
Old and New Testament,<note place="margin">
                              <gap reason="illegible" resp="#TECH" extent="1 span">
                                 <desc>〈…〉</desc>
                              </gap>.</note> saith S. <hi>Cyril;</hi> and therefore he calls this Creed,
<hi>Traditionem Sanctae &amp; Apostolicae fidei, The Tradition of the Holy and Aposto<g ref="char:EOLhyphen"/>lick
Faith. Cordis signaculum, &amp; nostrae militiae Sacramentum,</hi>
                           <note place="margin">
                              <gap reason="illegible" resp="#TECH" extent="1 span">
                                 <desc>〈…〉</desc>
                              </gap>.</note> so S. <hi>Am<g ref="char:EOLhyphen"/>brose</hi>
calls it, <hi>The seal of our heart, and the Sacrament of our Warfare.</hi>
S. <hi>Hierome</hi> yet more fully,<note place="margin">
                              <gap reason="illegible" resp="#TECH" extent="1 span">
                                 <desc>〈…〉</desc>
                              </gap>.</note> 
                           <hi>The Symbol of our faith and of our hope, which
being delivered by the Apostles is not written with paper and ink, but in the
fleshy tables of our hearts, after the confession of the Trinity and Unity of the
Church. Omne Christiani dogmatis Sacramentum carnis resurrectione conclu<g ref="char:EOLhyphen"/>ditur;
The whole Sacrament of the Christian doctrine is concluded with the
resurrection of the flesh</hi> to eternal life.<note place="margin">
                              <gap reason="illegible" resp="#TECH" extent="1 span">
                                 <desc>〈…〉</desc>
                              </gap>
                           </note> 
                           <hi>Norma futurae praedicationis;</hi> so <hi>Ruf<g ref="char:EOLhyphen"/>finus</hi>
calls it; <hi>the rule of future preachings</hi> appointed by the Apostles; <hi>&amp;


hanc credentibus esse regulam dandam statuunt,</hi> they appoint this to be gi<g ref="char:EOLhyphen"/>ven
as a Rule to all believers: and again, This Creed was <hi>the token by
which he should be known who did preach Christ truly according to the Rules
of the Apostles;</hi> the indication of their Faith and Unanimity. <hi>Comprehen<g ref="char:EOLhyphen"/>sio
fidei nostrae atque perfectio,</hi> so S. <hi>Austin</hi> calls it. <hi>Virtus est Sacramenti,
illuminatio animae,</hi>
                           <note place="margin">
                              <gap reason="illegible" resp="#TECH" extent="1 word">
                                 <desc>〈◊〉</desc>
                              </gap> 115. de <gap reason="illegible" resp="#TECH" extent="1 word">
                                 <desc>〈◊〉</desc>
                              </gap> &amp; <gap reason="illegible" resp="#TECH" extent="1 letter">
                                 <desc>•</desc>
                              </gap>erm. 131.</note> 
                           <hi>plenitudo Credentium, The illumination of the soul, the
fulness of believers, the comprehension and the perfection of our faith. By
this the knot of infidelity is untied, by this the gate of life is opened, by this the
glory of our confession is manifested.</hi> It is <hi>tessera &amp; signaculum quo inter
Fideles perfidosque secernitur,</hi>
                           <note place="margin">De <gap reason="illegible" resp="#TECH" extent="1 word">
                                 <desc>〈◊〉</desc>
                              </gap> 
                              <gap reason="illegible" resp="#TECH" extent="1 letter">
                                 <desc>•</desc>
                              </gap>ymb.</note> said <hi>Maximus Taurinensis. Basis quaedam, &amp;
fundamentum immotum &amp; inconcussum per universum orbem jactum:</hi> So
S. <hi>Cyril</hi> of <hi>Alexandria.</hi> It is a badge and cognisance to distinguish the
faithful from the perfidious; an immovable foundation laid for all the
world; a Divine or <hi>Celestial armour, that all the opinions of Hereticks may
be cut off with this sword alone;</hi> So S. <hi>Leo</hi> Bishop of <hi>Rome.</hi> I could adde
very many more to this purpose; who please to require more, may see
enough in <hi>Lucifer Calaritanus l.</hi> 2. <hi>ad Constantium, Paulinus</hi> Bishop of <hi>Nola
ep.</hi> 1. <hi>ad Afrum, S. Austin</hi> his Book <hi>de Symbolo ad Catechumenos l.</hi> 1. <hi>c.</hi> 1. in
<hi>Ruffinus</hi> his excellent exposition of the Creed, <hi>Eucherius</hi> Bishop of <hi>Lions</hi>
in his first Homily upon the Creed, <hi>Petrus Chrysologus</hi> in his 62 Homily,
<hi>Isidor</hi> of <hi>Sivil l.</hi> 6. <hi>originum c.</hi> 9. and in his Offices Ecclesiastical <hi>l.</hi> 1. <hi>c.</hi> 26.
<hi>de Dominica palmarum, Rabanus Maurus l.</hi> 2. <hi>de instit. Clericorum cap.</hi> 56.
the oration of <hi>Bernard Zane</hi> in the first Session of the Council of <hi>Lateran,</hi>
in the discourse of the Greeks at the Council of <hi>Florence, Sess.</hi> 10. <hi>Cassia<g ref="char:EOLhyphen"/>nus
de incarnatione Domini, Eusebius Gallieanus</hi> in his Homilies on the
Creed published by <hi>Gaigneus</hi> Chancellor of <hi>Paris,</hi> in <hi>Venantius Fortuna<g ref="char:EOLhyphen"/>tus</hi>
his explication of it; and he may if he please adde the two Homilies
which S. <hi>Chrysostome</hi> made upon the Creed, and the great Catechetical
oration of S. <hi>Gregory Nyssen.</hi>
                        </p>
                        <p>Now to what purpose is all this?<note place="margin">72.</note> The Apostles compil'd this form
of words, all Churches received them, all Catechumens were baptized
into this faith, in the Roman Church they recited it publickly before their
immersion, to this salvation was promised; this was the Sacrament of the
Christian faith, the fulness of believers; the characteristick of Christians,
the sign of the Orthodox, the sword of all heresies and their sufficient
reproof, the unity of belief, sufficient, full, immovable, unalterable; and
it is that and that alone in which all the Churches of the world doe at
this day agree.</p>
                        <p>
                           <pb n="515" facs="tcp:58903:286"/>
It is true,<note place="margin">73.</note> that the Church of God did explicate two of the articles of
this Creed, that of the second, and that of the third Person of the Holy
Trinity; the one at <hi>Nice,</hi> the other at <hi>Constantinople;</hi> one against <hi>Arius,</hi>
the other against <hi>Macedonius;</hi> they did explicate, I say, but they added no
new matter but what they supposed contain'd in the Apostolical Creed.
And indeed the thing was very well done, if it had not been made an ill
example; they had reason for what they did, and were so near the Ages
Apostolical that the explication was more likely to be agreeable to the
Sermons Apostolical: But afterwards the case was alter'd, and that ex<g ref="char:EOLhyphen"/>ample
was made use of to explicate the same Creed, till by explicating the
old they have inserted new Articles.</p>
                        <p>But all the while,<note place="margin">74.</note> it is consented to on all hands, that this onely faith is
sufficient. What can certainly follow from these infallible Articles is as cer<g ref="char:EOLhyphen"/>tainly
true as the Articles themselves, but yet not so to be imposed, because
it is not certain that this or this explication is right, that this consequent is
well deduc'd; or if it be certain to you, it is not so to me; and besides it
is more an instrument of schism then of peace, it can divide more then it
can instruct, and it is plainly a recession from the simplicity of the Chri<g ref="char:EOLhyphen"/>stian
faith, by which simplicity both the learned and the ignorant are the
more safe.<note place="margin">August. contra epist. Fundam c. 4.</note> 
                           <hi>Turbam non intelligendi vivacitas, sed credendi simplicitas tutis<g ref="char:EOLhyphen"/>simam
facit:</hi> and when once we come to have the pure streams pass
through the limbecks of humane wit, where interest, and fancy, and error,
and ignorance, and passion are intermingled, nothing can be so certain,
though some things may be as true; and therefore here the Church does
rest, here she finds peace; her faith is simple, easy and intelligible, free
from temptation, and free from intrigues; it is warranted by Scripture,
composed and delivered by the Apostles, entertain'd by all the world: In
these they doe agree, but in nothing else, but this and in their fountain, the
plain words of Scripture.</p>
                        <p>For all the rest,<note place="margin">75.</note> it is abundant to all excellent purposes. It can in<g ref="char:EOLhyphen"/>struct
the wise, and furnish the Guides of Souls with treasures of know<g ref="char:EOLhyphen"/>ledge,
and imploy the tongues and pens of the learned; it can cause us to
wonder at the immensity of the Divine wisdome, and the abyss of revela<g ref="char:EOLhyphen"/>tion:
it is an excellent opportunity for the exercise of mutual charity in
instructing and in forbearing one another, and of humility and patience
and prayer to God to help our infirmities, and to enlighten us more and
more in the knowledge of God. It is the great field of faith where she
can enlarge her self; but this is the house of faith where she dwels for ever
in this world.</p>
                        <p>So that for any other thing of the Religion it is to be believed so farre
as it does appear to be the word of God;<note place="margin">76.</note> and by accidents and circum<g ref="char:EOLhyphen"/>stances
becomes of the family or retinue of faith: but it is not necessary
to be believed for it self, unless it be for something else it is not necessary
at all. A man may be saved without knowing any thing else, without hea<g ref="char:EOLhyphen"/>ring
of any thing, without inquiring after any thing, without believing
any thing else, provided that in this faith he live a good life. But because
sometimes a man is by the interests of a good life requir'd to know more,
to inquire after more, and to learn more, therefore upon the stock of <hi>obe<g ref="char:EOLhyphen"/>dience</hi>
more may be necessary; but not upon the account of <hi>faith.</hi> So that
<pb n="516" facs="tcp:58903:287"/>
if some men doe not reade the Scriptures, and study them, and search into
the hidden things of God, they sin against justice or charity, but not against
faith, if they retain all the articles of the Apostles Creed: and a man may
be extremely to blame if he disbelieve many other things; but it is be<g ref="char:EOLhyphen"/>cause
upon some evil account he disbelieves it, and so is guilty of that sin
which is his evil principle, as of pride, ambition, lust, covetousness, idle<g ref="char:EOLhyphen"/>ness,
fear or flattery; but a man is not in any such case guilty of heresy.
For heresy being directly opposed to faith, and faith being compleated in
the Articles of the Christian Creed, it cannot be heresy unless it be a con<g ref="char:EOLhyphen"/>tradicting
of one of those Articles in the words or in the sense, in the letter,
or in the plain, visible, certain, and notorious explication of it. In the Apo<g ref="char:EOLhyphen"/>stolical
Creed all the Christian world is competently instructed: in these
things there is no dispute; and if they be simply believ'd as they are plainly
deliver'd, it is the better. But in every thing else, every man according to
his calling and abilities is to grow as much as he can in knowledge; that
is, in edifying and practical knowledge: but in all things of speculation,
he that believes what he sees cause for, as well and as wisely, as heartily and
as honestly as he can, may be deceived, but cannot be a Heretick, nor ha<g ref="char:EOLhyphen"/>zard
his salvation. <hi>Salus Ecclesiae non vertitur in istis. In simplicitate fides
est,</hi>
                           <note place="margin">Lib. 2. de Trin. in princ.</note> 
                           <hi>in fide justitia: nec Deus nos ad beatam vitam per difficiles quaestiones
vocat: in expedito &amp; facili nobis est aeternitas,</hi> said S. <hi>Hilary. Faith is in
simplicity, and righteousness in faith; neither does God call us to eternal life
by hard questions. Eternity stands ready and easily prepar'd.</hi>
                        </p>
                        <p>For I consider,<note place="margin">77.</note> if any thing else were necessary to be believed unto
salvation, this symbol could absolutely be of no use; but if any thing be
added to it and pretended also to be necessary, it cannot be entertained,
unless they that adde it and impose it be infallible in their judgement, and
competent in their authority: they must have authority equal to that of
Christ, and wisdome equal to that of the Apostles. For the Apostles in
this summary of faith, declar'd all that was at that time necessary; and if
any man else makes a new necessity he must claim Christs power, for he
onely is our Law-giver: and if any declares a new necessity, that is not
sufficient, unless he can also make it so, for declaring it supposes it to be
so already; and if it was so at first, the Apostles were to blame not to tell
us of it; and if it was not so at first, who made it so afterwards?</p>
                        <p>But it is infinitely necessary that for the matter of faith,<note place="margin">78.</note> necessary and
sufficient faith, we rest here and goe not further. For if there can be any
new necessities, then they may for ever increase, and the faith of a Chri<g ref="char:EOLhyphen"/>stian
shall be like the Moon, and no man can be sure that his faith shall not
be reproved; and there shall be innumerable questions about the autho<g ref="char:EOLhyphen"/>rity
of him that is to adde, of his skil, of his proceeding, of the particular
article, of our own duty in inquiring, of our diligence, of our capacity, of
the degrees of our care, of the competency of instruments, of chusing our
side, of judging of questions: and he that cannot inquire diligently, and he
that cannot judge wisely, and he that cannot discern spirits, and he that
fears, and he that fears not shall all be in danger, and doubt, and scruple, and
there shall be neither peace of minds nor Churches, as we see at this day in
the sad divisions of Christendome; and every man almost damnes all but
his own sect; and no man can tell who is in the right. Men dispute well
on both sides; and just and good and wise men are oppos'd to one ano<g ref="char:EOLhyphen"/>ther;
<pb n="517" facs="tcp:58903:287"/>
and every man seems confident, but few men have reason; and
there is no rest, and there can be none, but in this simplicity of belief which
the Apostles recommended to all the world, and which all the world does
still keep in despite of all their superinduc'd opinions and factions; for
they all retain this Creed, and they all believe it to be the summary
of Faith.</p>
                        <p>But the Church of <hi>Rome</hi> pretends to a power of appointing new Ar<g ref="char:EOLhyphen"/>ticles
of Faith;<note place="margin">79.</note> and for denying this, Pope <hi>Leo</hi> the 10<hi rend="sup">th</hi> condemn'd <hi>Lu<g ref="char:EOLhyphen"/>ther</hi>
in his Bull added to the last Council in <hi>Lateran.</hi> For <hi>ad solam authori<g ref="char:EOLhyphen"/>tatem
summi Pontificis pertinet nova editio Symboli, A new edition of the
Creed belongs to the sole authority of the Pope of Rome.</hi>
                           <note place="margin">2. 2<gap reason="illegible" resp="#TECH" extent="1 letter">
                                 <desc>•</desc>
                              </gap>. q. 1. a. 10.</note> So <hi>Aquinas:</hi> and
<hi>Almain</hi> most expresly,<note place="margin">
                              <hi>August. Tri. de Ancona q.</hi> 59. <hi>art.</hi> 1. Novum Symbolum condere solum ad Papam spectat, quia est caput fidei Christi<g ref="char:EOLhyphen"/>anae, cujus authoritate omnia quae ad fidem spectant firmantur &amp; roborantur. <hi>Idem art.</hi> 2. Sicut potest novum Symbolum condere, ità potest novos articulos supra alios multiplicare.</note> 
                           <hi>The Popes of Rome
by defining many things which before lay hid,
Symbolum fidei augere consuevisse, are wont to
enlarge the Creed.</hi> For <hi>Doctrina fidei admit<g ref="char:EOLhyphen"/>tit
additionem in essentialibus,</hi>
                           <note place="margin">Tom. 13. part. 3. disp. 6. § est ergo.</note> saith <hi>Salmeron, The doctrine of faith admits
addition even in essential things.</hi> And in consequence to these expressions,
they did adde the article of the Procession of the Holy Ghost from the
Son, in a Synod at <hi>Gentilli</hi> in <hi>France;</hi> and twelve Articles to the Creed
in the Council of <hi>Trent,</hi> with the preface and postscript of the Athanasian
Creed, damning all that doe not equally believe the Creed of <hi>Trent</hi> as the
Creed of the Apostles.</p>
                        <p>What effect and impress the declaration of any article by the Church<note place="margin">80.</note>
hath or is to have upon the Conscience shall be discoursed under the title
of Ecclesiastical lawes; but that which is of present inquiry is, <hi>whether
any thing can be of Divine faith in one age that was not so in the age of the
Apostles:</hi> and concerning this it is that I say, that it is from the premisses
evident that nothing can make any thing to be of Divine faith but our Bl.
Lord himself, who is therefore called the Author and Finisher of our Faith;
he began it, and he made an end. The Apostles themselves could not doe
it, they were onely Stewards and dispensers of the mysteries of God;
they did rightly divide the word of life, separating the necessary from
that which was not so: so that their office in this particular was onely to
declare what was necessary and what was not; no man, and no society of
men could doe this but themselves, for none but they could tell what
value was to be set upon any proposition: they were to lay the foundation,
and they did so, and they built wisely upon it; but when they comman<g ref="char:EOLhyphen"/>ded
that we should keep the foundation, they onely could tell us which
was it, and they did so by their Sermons, preaching the same doctrine to
the simple and the crafty, and by immuring the necessary doctrine in a
form of words, and consigning it to all the Churches where they preach'd
the Gospel.</p>
                        <p>For we see that all the world is not able to tell us how much is neces<g ref="char:EOLhyphen"/>sary,<note place="margin">81.</note>
and how much is not, if they once goe beside the Apostles Creed: and
yet it was infinitely necessary that at first this should be told, because there
were so many false Apostles, and every one pretended authority or illumina<g ref="char:EOLhyphen"/>tion,
and every one brought a new word and a new doctrine; and the A<g ref="char:EOLhyphen"/>postles
did not onely foresee that there would be, but did live to see and
feel the heresies and the false doctrines obtruded upon the Church, and
<pb n="518" facs="tcp:58903:288"/>
did profess it was necessary that such false doctrines should arise: and
against all this that they should not provide an universal remedy, is at no
hand credible, and yet there was none but the Creed; this all the Church
did make use of, and profess'd it to be that summary of Faith which was a
sufficient declaration of all necessary faith, and a competent reproof of all
heresies that should arise.</p>
                        <p>But then that after all this any one should obtrude new propositions,<note place="margin">82.</note>
not deducible from the Articles of the Creed, not in the bowels of any
Article, neither actually express'd nor potentially included, and to impose
these under pain of damnation, if this be not <gap reason="foreign">
                              <desc>〈 in non-Latin alphabet 〉</desc>
                           </gap>, which S. <hi>Paul</hi>
said he had no power to doe,<note place="margin">2 Co<gap reason="illegible" resp="#TECH" extent="1 letter">
                                 <desc>•</desc>
                              </gap> 1. 24.</note> 
                           <hi>to have dominion</hi> or <hi>lordship over the faith,</hi>
and <gap reason="foreign">
                              <desc>〈 in non-Latin alphabet 〉</desc>
                           </gap>,<note place="margin">1 <gap reason="illegible" resp="#TECH" extent="1 letter">
                                 <desc>•</desc>
                              </gap>et. 5. 3.</note> 
                           <hi>to lord it over Gods heritage,</hi> which S. <hi>Peter</hi>
forbad any man to doe, I confess I doe not understand the words, nor yet
saw or ever read any man that did. I conclude this with those excellent
words of <hi>Justinian</hi> which are in the <hi>Code,</hi>
                           <note place="margin">Cod. lib. 1. de span<gap reason="illegible" resp="#TECH" extent="1 letter">
                                 <desc>•</desc>
                              </gap> § Cum <gap reason="illegible" resp="#TECH" extent="1 letter">
                                 <desc>•</desc>
                              </gap>ecta.</note> part of the Imperial law by
which almost all the world was long governed: <gap reason="foreign">
                              <desc>〈 in non-Latin alphabet 〉</desc>
                           </gap>,
<hi>This right and irreprehensible faith</hi> (speaking of
the Apostolick Creed, part of which he there recites) <hi>which the Holy Ca<g ref="char:EOLhyphen"/>tholick
and Apostolical Church of God does preach, can by no means receive any
innovation or change.</hi>
                        </p>
                        <p>I conclude therefore this Question;<note place="margin">83.</note> In our inquiries of faith no mans
Conscience can be press'd with any Authority but of Christ enjoyning, and
the Apostles declaring what is necessary. I adde also, that the Apostles
have declar'd it in this form of words which they have often set down in
their writings, and which they more largely described in their Symbol of
Faith. For since, as <hi>Sixtus Senensis</hi> says, <hi>Omnes Orthodoxi Patres affirmant
Symbolum ab ipsis Apostolis conditum,</hi>
                           <note place="margin">
                              <gap reason="illegible" resp="#TECH" extent="1 letter">
                                 <desc>•</desc>
                              </gap>ib. 2. bibli<g ref="char:EOLhyphen"/>oth. 5.</note> that <hi>all the Orthodox Fathers affirm
the Creed to be made by the Apostles,</hi> and they all say this is a sufficient
Rule of faith for all Christians; here we ought to rest our heads and our
hearts, and not to intricate our faith by more questions. For as <hi>Tertullian</hi>
said well,<note place="margin">Lib 1. advers. haeret. cap. 13.</note> 
                           <hi>Haec Regula à Christo, ut probabitur, instituta nullas habet apud nos
quaestiones nisi quas haereses inferunt, &amp; quae haereticos faciunt;</hi> Hereticks
make disputes, and disputes make Hereticks, but faith makes none. For
if upon the faith of this Creed all the Church of God went to heaven, all
I mean that liv'd good lives, I am sure Christ onely hath the keys of hell
and heaven; and no man can open or shut either, but according to his word
and his law: so that to him that will make his way harder by putting more
conditions to his salvation, and more articles to his Creed, I may use the
words of S. <hi>Gregory Nazianzen, Tu quid salute majus quaeris? gloriam
nempe quae illic est &amp; splendorem: mihi vero maximum est ut salver, &amp; fu<g ref="char:EOLhyphen"/>tura
effugiam tormenta. Tu per viam incedis minimè tritam &amp; incessu diffi<g ref="char:EOLhyphen"/>cilem:
ego verò per regiam, &amp; quae multos salvavit, What dost thou seek
greater then salvation?</hi>
                           <note place="margin">See Liberty of Prophes. sect. 1.</note> (meaning by nice inquiries and disputes of articles
beyond the simple and plain faith of the Apostles Creed) <hi>It may be thou
lookest for glory and splendor here. It is enough for me, yea the greatest thing
in the world, that I be saved and escape the torments that shall be hereafter.
Thou goest a hard and an untroden path: I goe the Kings high-way, and that
in which many have been saved.</hi>
                        </p>
                     </div>
                  </div>
                  <div n="15" type="rule">
                     <pb n="519" facs="tcp:58903:288"/>
                     <head>RULE XV. In the Law of Christ there is no precept that
wholly ministers to the Law of Moses; but for
a time onely and less principally.</head>
                     <p>THis Rule I received from <hi>S. Irenaeus;</hi>
                        <note place="margin">1.</note> and they are his words as near
as I could translate them. <hi>In lege Christi non est ullum praeceptum veteri
tantum legi inserviens, nisi ad horam &amp; minus principaliter.</hi> For our
Blessed Saviour descended like rain upon a fleece of wooll, and made no
violent changes, but retain'd all the morality that he found amongst his
Countrymen; he made use of their propositions, spake their proverbs,
united their ejaculations into a collect of his own, for almost every word
of the Lords Prayer was taken from the writings of the pious men of their
Nation; he chang'd their rites into Sacraments, their customes into my<g ref="char:EOLhyphen"/>steries,
their washings he made our Baptisme, their Paschal supper he con<g ref="char:EOLhyphen"/>verted
into the Holy Eucharist: and still because he would be understood
by them, he retain'd the Mosaick words when he deliver'd a Christian pre<g ref="char:EOLhyphen"/>cept;
for he knew his Father would send his Holy Spirit to be an infal<g ref="char:EOLhyphen"/>lible
interpreter; and when the types of <hi>Moses</hi> pass'd into the substance
of Christ, then the typical words also would be expounded in the senses of
Evangelical duties.</p>
                     <p>For indeed it is not reasonable to suppose that our Bl. Saviour,<note place="margin">2.</note> who
came to fulfil the Law in his own person, and to abolish it in his Disciples,
to change the customes of <hi>Moses,</hi> and to be an eternal law-giver in the in<g ref="char:EOLhyphen"/>stances
of moral and essential natural rectitudes, would give a new Com<g ref="char:EOLhyphen"/>mandement
to confirm an old precept which himself intended to extin<g ref="char:EOLhyphen"/>guish.
No man puts a piece of new cloth to an old garment, nor a new
injunction to an abrogated law; that is, no wise Master-builder holds up
with one hand what he intends to pull down with both: it must therefore
follow that whatever Christ did preach and affirme and exhort, was, al<g ref="char:EOLhyphen"/>though
express'd in the words of the Law, yet wholly relative to the duty
&amp; signification of the Gospel. For that which S. <hi>Hilary</hi> said of all the words
of Scripture, is particularly true in the sense now deliver'd of the Ser<g ref="char:EOLhyphen"/>mons
of Christ:<note place="margin">In Psal. 226.</note> 
                        <hi>Sermo enim divinus secundum intelligentiae nostrae consuetu<g ref="char:EOLhyphen"/>dinem
naturamque se temperat, communibus rerum vocabulis ad significa<g ref="char:EOLhyphen"/>tionem
doctrinae suae &amp; institutionis aptatis. Nobis n. non sibi loquitur: atque
ideo nostris utitur in loquendo.</hi> God speaks to us and not to himself; and
therefore he uses words fitting to our understandings. By common and
usual expressions and such as were understood he express'd precepts and
mysteries which otherwise were not to be understood.</p>
                     <p>Thus when our Bl. Saviour delivers the precept of Charity and forgive<g ref="char:EOLhyphen"/>ness
he uses this expression,<note place="margin">3.</note> 
                        <hi>When thou bringest thy gift unto the Altar, and
there remembrest that thou hast any thing against thy Brother, leave thy gift
at the Altar, goe and be reconcil'd to thy Brother, and then come and offer
thy gift.</hi> If Christ had said, When thou comest to the Lords supper and
<pb n="520" facs="tcp:58903:289"/>
hast any thing against thy Brother, <hi>&amp;c.</hi> he had not been understood: but
because we know this is an Eternal precept, part of a moral &amp; eternal excel<g ref="char:EOLhyphen"/>lency,
a duty of Christianity and a portion of Christs institution, and we
know that Christ pull'd down the Jewish altars and the sacrifice of beasts
by the sacrifice of his Eternal Priesthood, and we also are sufficiently in<g ref="char:EOLhyphen"/>structed
by what instruments and by what ministeries the memory of that
is conserv'd and the benefits of it conveyed; therefore we also are sure that
by these words Christ intended to command us to be at peace with our
Brother and with our enemy, when we come to offer prayers and to cele<g ref="char:EOLhyphen"/>brate
the memorial of his Eternal sacrifice.</p>
                     <p>So when our Bl. Saviour told the Parable of <hi>Dives</hi> and <hi>Lazarus,</hi>
                        <note place="margin">4.</note> and
intended to represent unto his Disciples that we are to expect Salvation by
the ordinary ministeries of the Church, and not to expect it by the way of
miracle and extraordinary dispensation; he was pleas'd to say, <hi>They have
Moses and the Prophets, let them hear them.</hi> This was all which could be
said to them whose Scriptures were compleated in the writings of <hi>Moses</hi>
and the Prophets: but when our great Master had by his H. Spirit and by
his Apostles and Disciples perfected another instrument of salvation and
repository of Divine truths, the proposition is to be inlarg'd to these. They
have Christ and his Apostles, they have the Gospels and Epistles, let them
hear them; for if they will not hear and obey them speaking in the Scrip<g ref="char:EOLhyphen"/>tures,
neither will they be converted though one arise from the dead, and
appear to them in the terrible dresses of affrightment.</p>
                     <p>When Christ whipp'd the buyers and sellers out of the Temple,<note place="margin">5.</note> and
urg'd the words of the Prophet, <hi>My Fathers house shall be called the house
of prayer to all Nations; but ye have made it a den of theeves:</hi> although this
was spoken to the Jewes, and of their Temple, yet Christ who knew this
Temple was to be destroyed and not a stone left upon a stone, intended the
piety of his Commandement should last longer then the dying Temple;
and therefore it is to be translated wholly to the Christian sense. And
although he would not have the Temple prophan'd so long as it was stan<g ref="char:EOLhyphen"/>ding
and us'd for prayer and Divine service, <hi>ad horam,</hi> as S. <hi>Irenaeus</hi> his
expression is; even <hi>for an hour,</hi> taking care of that because it was a holy
place: yet the sacredness and holy usage of the Temple was less principally
intended; but principally Christ regarded the Christian Oratories and
separate places of devotion; that where God by publick appointment and
the lawes was to be worshipped, there the affairs of the world should not
intrude by the interests of a private and a prophane Spirit.</p>
                  </div>
                  <div n="16" type="rule">
                     <head>RULE XVI. The Lawes of Jesus Christ are to be interpreted to
the sense of a present obedience according to
their subject matter.</head>
                     <p>THat which is true to day will be true to morrow;<note place="margin">1.</note> and that which is
in it's own nature good or necessary any day is good or necessary every
day: and therefore there is no essential duty of the Religion but is to be the
<pb n="521" facs="tcp:58903:289"/>
work of every day. To confess Gods glory, to be his subject, to love God,
to be ready to doe him service, to live according to Nature and to the
Gospel, to be chast, to be temperate, to be just, these are the imployment of
all the periods of a Christians life. For the Moral law of the Religion is
nothing but the moral law of Nature, (as I have already proved<note n="*" place="margin">1 <gap reason="illegible" resp="#TECH" extent="1 span">
                              <desc>〈…〉</desc>
                           </gap> book. De<gap reason="illegible" resp="#TECH" extent="1 letter">
                              <desc>•</desc>
                           </gap>ll <gap reason="illegible" resp="#TECH" extent="1 span">
                              <desc>〈…〉</desc>
                           </gap> l. 2. <gap reason="illegible" resp="#TECH" extent="1 span">
                              <desc>〈…〉</desc>
                           </gap>.</note>.) <hi>Na<g ref="char:EOLhyphen"/>turaliter
lex nostra est lex pietatis, justitiae, fidei, simplicitatis, charitatis,
optimeque instituta,</hi> said <hi>Cardan:</hi> and again, <hi>Christiani Jovem junctam ha<g ref="char:EOLhyphen"/>bent
cum Sole, illiusque diem colunt Dominicum: Sol a. significat justitiam &amp;
veritatem; Christiana autem lex plus continet veritatis, &amp; simpliciores reddit
homines.</hi> The Christian Law is nothing else but a perfect institution of life
and understanding, it makes men wise, and it makes them good; it teaches
wisdome, and it teaches justice; it makes them wise and simple, that is,
prudent and innocent, and there is no time of our life in which we are per<g ref="char:EOLhyphen"/>mitted
to be otherwise. Those who in the primitive Church put off their
Baptisme till the time of their death, knew that Baptisme was a profession
of holiness, and an undertaking to keep the faith, and live according to the
Commandements of Jesus Christ; and that as soon as ever they were
baptized, that is as soon as ever they had made profession to be Christs
disciples, they were bound to keep all the Lawes of Christ: and therefore
that they deferr'd their baptisme was so egregious a prevarication of their
duty, that as in all reason it might ruine their hopes, so it proclaim'd their
folly to all the world. For as soon as ever they were convinc'd in their
understanding, they were oblig'd in their consciences. And although bap<g ref="char:EOLhyphen"/>tisme
does publish the profession, and is like the forms and solemnities of
law; yet a man is bound to live the life of a Christian, as soon as ever he be<g ref="char:EOLhyphen"/>lieves
the doctrine and Commandements of Christianity; for indeed he is
oblig'd as soon as he can use reason, or hear reason. The first things a man
can learn are some parts of Christianity; not to hurt any one, to doe all
that he can understand to be good; that is, as soon as ever he begins to
live like a rational creature, so soon he begins to live as Christ commanded:
and since Baptisme (as to this relation and intention of it) is nothing else
but the publication of our undertaking to doe that which in our very Na<g ref="char:EOLhyphen"/>ture
and by the first and universal lawes of God to mankind we are obli<g ref="char:EOLhyphen"/>ged,
to refuse to be baptized, or to defer it, is nothing but a refusing or
deferring to own our natural obligation, a denying or not accepting the
duty of living according to the law of Nature; which deferring, as it must
needs be the argument of an evil man, and an indication of unwillingness
to live worthily, so it can serve really no prudent ends to which it can fal<g ref="char:EOLhyphen"/>laciously
pretend. For Christianity being in its moral part nothing but
the perfection of the natural law, binds no more upon us then God did by
the very reason of our Nature. By the Natural law we are bound to live
<hi>in holiness and righteousness all the daies of our life,</hi> and so we are by the
Christian law; as appears in the song of <hi>Zechary</hi> and in very many other
places: and therefore although when some of our time is elapsed and lost in
carelesness and folly, the goodness of God will admit us to second Counsels,
and the death of Christ and his intercession will make them acceptable;
yet Christianity obliges us to obedience as soon as the law of Nature does,
and we must profess to live according to Christianity, as soon as we can
live by the measures of the Natural law, and that is even in the very
infancy of our reason; and therefore Baptisme is not to be deferred longer:
it may be sooner, because some little images of choice and reason, which
must be conducted by the measures of Nature, appear even in infancy; but
<pb n="522" facs="tcp:58903:290"/>
it must not be deferred longer; there is no excuse for that, because there
can be no reason for so doing, unless where there is a necessity, and it can
be no otherwise.</p>
                     <p>The effects of this consideration are these.<note place="margin">2.</note> 1. All the negative pre<g ref="char:EOLhyphen"/>cepts
of Christs law are obligatory in all persons, and all periods, and all
instances. <hi>Nunquam licuit, nunquam licebit;</hi> it was and is and ever will
be Unlawful to doe any action which God forbids to be done: and there<g ref="char:EOLhyphen"/>fore
to say I will be chast when I am old, I will be temperate when I am sick,
I will be just when I am rich, I will be willing to restore when I die,
is to measure eternity by time, and to number that which is not. In
negatives there is neither number, nor weight, nor measure: and not to
kill, not to blaspheme, not to commit adultery hath no time, and hath
no proportion.</p>
                     <p>2. This is also true in the positive Commandements of Christ,<note place="margin">3.</note> in
respect of the inward duty; that is never to be deferred. The charity of
almes, the devotion of prayer, piety to our parents, love of God, love of
our neighbour, desires to doe justice; these are not limited to times and
opportunities. The habits of them and the dispositions to action, the
readiness and the love must for ever be within; because these are al<g ref="char:EOLhyphen"/>waies
possible, and alwaies good, and alwaies necessary, and therefore
cannot have accidental determinations from without, being workes of
the inward Man, they depend onely upon the grace of God and the will
of man; and <hi>that</hi> never fails, if <hi>this</hi> does not, and therefore are alwayes
possible unless we will not; but they are alwayes necessary, whether we
will or no.</p>
                     <p>3. The external actions of duty are determinable from without,<note place="margin">4.</note> and
by things which are not in our power, and by things which will not happen
alwaies and in some instances, by our own will and meer choice. Thus a
man is bound actually to restore but in certain circumstances; but to be
ready and to love to doe it, he is alwayes bound. To say our prayers is
limited by time and place, by occasions and emergent necessities, by use and
custome, by lawes and examples: but to depend upon God, to expect all
good from him, to glorify him, to worship him with all our heart, is not
limited, but may be done in all the actions of our life, by actual application,
or habitual intention, by secret purpose, or by open profession, by obedi<g ref="char:EOLhyphen"/>ence
and by love, or by the voice and hand. For to <hi>pray continually</hi>] which
is the precept of our Bl. Saviour, is obligatory in the very letter, in pro<g ref="char:EOLhyphen"/>portion
to the natural possibilities and measure of a man; that is, in all
our actions we must glorify God, which is one of the parts of prayer,
and we must endear his blessing, which is the other. But to kneel, or to
speak, or actually to think a prayer, being the body of this duty and deter<g ref="char:EOLhyphen"/>minable
by something from without, receives it's limit [<hi>according to the
subject matter</hi>] that is, when we are commanded, and when we have need,
and when we can, and in the proper season of it.</p>
                     <p>This Rule is also otherwise explicated by distinguishing the affirma<g ref="char:EOLhyphen"/>tive
precepts of Christ,<note place="margin">5.</note> into universal and particular. Particular precepts
are to be acted onely in their proper determinations, in special times, and
pertinent occasions, because they are always relative to time and place, or
<pb n="523" facs="tcp:58903:290"/>
person; they have a limited effect, and are but parts of a good life, and
therefore cannot alone work out our salvation, but must give allowance of
time and action to others, of the like particular and limited nature and
effect.</p>
                     <p>But this is otherwise in the universal and diffusive,<note place="margin">6.</note> or transcendent
precepts of the Religion, though they be affirmative. He that shall say,
that because to love God is an affirmative precept, that it is onely obliga<g ref="char:EOLhyphen"/>tory
in certain accidents, and times, and cases, and that therefore we are
not always bound to love God, by the impiety of his conclusion reproves
the folly of his proposition. Neither is it sufficient to say that we are in<g ref="char:EOLhyphen"/>deed
always bound to the habitual love of God, but not always to the
actual; not always to doe an act of the love of God. For the love of God
does not consist onely in the fancy or the passionate part, neither is it to
be measured by the issues of any one faculty: and though we are not
bound to the exercise of an act of passion, or intuition, or melting affection,
that is, we are not always tied to a limited, particular, single effect of one
grace, in all times; yet we are bound to doe an act of love to God, when
we are bound to doe any act at all; for all our Religion, and all our obedi<g ref="char:EOLhyphen"/>ence,
and all our conversation is wholly to be conducted by the love of
God: and although to love God be an affirmative Commandement, yet
because it is a transcendent, or universal precept, and includes in it all those
precepts, which by binding at several times, fill up all our time, and every
of them being an act of obedience, is consequently an act and instance of
our love to God, it follows, that there is no time in which we are not
bound to love God; and to exercise acts of this grace does not depend
upon times and circumstances.</p>
                     <p>Upon the accounts of this Rule it is very opportune,<note place="margin">7.</note> and certainly very
useful, to inquire concerning the duty of Repentance; for upon this article
the whole question of late or death-bed Repentance will depend, and con<g ref="char:EOLhyphen"/>sequently
the eternal felicity or infelicity of mankinde: and therefore I
have reason to reckon this to be the greatest Case of Conscience in the
whole world; and it will appear so both in the event of the discourse, and
in the event of things.</p>
                     <p>
                        <hi>Question.</hi>
                     </p>
                     <p>
                        <hi>At what time precisely is every sinner bound to repent of his sins,<note place="margin">8.</note> so that
if he does not repent at that time, he commits a new sin?</hi>
                     </p>
                     <p>To this Question of <hi>At what time</hi>] the Church of <hi>Rome</hi> answers,<note place="margin">9.</note> 
                        <hi>At
what time soever</hi>] For Repentance is as the precept of Baptism and Pray<g ref="char:EOLhyphen"/>ers.
Neither this day nor to morrow precisely is it necessary to be bapti<g ref="char:EOLhyphen"/>zed,
but sometime or other; and if we pray half an hour hence, it is as
much obedience as if we fall upon our knees at the instant of the procla<g ref="char:EOLhyphen"/>mation.
Adde to this, that since repentance (besides that it is an affirma<g ref="char:EOLhyphen"/>tive
Commandement) is also a punitive duty, it is generally agreed upon
<hi>Neminem in conscientia donec condemnetur ad poenam exolvendam teneri,</hi>
No man is bound to undergoe his punishment, till the instant that the Law
determines him: and therefore when he is requir'd, when the day of hu<g ref="char:EOLhyphen"/>miliation
comes, when there is danger that if it be not now done, it will
<pb n="524" facs="tcp:58903:291"/>
not be done at all, then let the sinner look to it, then he must repent, it
cannot be any longer put off. This is the doctrine of the Roman Schools,
and of some others, which they have pursued to dangerous and horrid pro<g ref="char:EOLhyphen"/>positions.</p>
                     <p>
                        <hi>Scotus</hi> and his Scholars say a man is bound to repent upon Holidays,<note place="margin">10.</note>
as upon <hi>Christmass, Whitsontide,</hi> or at <hi>Easter</hi> to be sure. But <hi>Sotus</hi> and <hi>Me<g ref="char:EOLhyphen"/>dina</hi>
very confidently reprove this proposition as too severe, for this rea<g ref="char:EOLhyphen"/>son;
Because the Church having appointed many Holidays, yet when
she explicates the doctrine of Repentance, she did suppose it to be suffici<g ref="char:EOLhyphen"/>ent
to compel the sinner to repent once by the year: and although the end
why the Festivals are ordain'd is the inward sanctification of the soul,<note place="margin">
                           <gap reason="illegible" resp="#TECH" extent="1 span">
                              <desc>〈…〉</desc>
                           </gap>
                        </note> 
                        <hi>haec
tamen non est id quod per praeceptum de observatione festorum injungitur, this
is not it which was enjoyn'd by the precept concerning festivals,</hi> saith <hi>Regi<g ref="char:EOLhyphen"/>naldus.</hi>
For the Church (saith he) commanded onely the means to this in<g ref="char:EOLhyphen"/>teriour
holiness; so that if you doe the outward work, it matters not (as
to the precept of the Church) whether that end be acquired or no: you
disobey the Church if you doe not hear Mass; but though you be never
the better, so you doe but hear Mass, she does not finde her self griev'd.</p>
                     <p>By the way,<note place="margin">11.</note> it is observable that <hi>Scotus</hi> and the more severe part of
them, which affirm a man to be bound to repent on every Holiday, doe
not intend to say that by the law of God men are so bound, but by the law
of the Church onely. <hi>Medina</hi> and the looser part deny the Church to
have determin'd this affirmative and indefinite Commandement of Repen<g ref="char:EOLhyphen"/>tance
to so much severity. But as to the law of God, they all pronounce
a man to be free to repent once for all; once he must, but when that once
shall be God hath not set down: and since God left it at the greatest
liberty, they doe not believe that the Church is so severe as some pretend,
neither doe they think it fit she should; but if they never repent till the
article of death, they prevaricate no command of God. For [<hi>Vera, atque
adeo, ut expressit Navarrus in Enchir. cap.</hi> 1. <hi>n.</hi> 31. <hi>omnium communis senten<g ref="char:EOLhyphen"/>tia
est, tempus in quo peccator conteri tenetur (intellige per se, seu vi specialis
praecepti de contritione à Deo dati) esse imminentem articulum mortis natura<g ref="char:EOLhyphen"/>lis,
vel violentae</hi>] So <hi>Reginaldus.</hi>
                        <note place="margin">L. 5. cap. 2. siect. 4. n. 23.</note> 
                        <hi>The true and common opinion of all men is,
that the time in which a sinner is bound to have contrition for his sins</hi> (mea<g ref="char:EOLhyphen"/>ning
in respect of any Divine Commandement) <hi>is the article of imminent
death, whether natural or violent.</hi> And in the mean time [<hi>There is no pre<g ref="char:EOLhyphen"/>cept
commanding that a sinner should not persevere in enmity against God:
there is no negative precept forbidding such a perseverance.</hi> Nay worse, if
worse be possible, [<hi>even to resolve to deferre our repentance [velle poeniten<g ref="char:EOLhyphen"/>tiam
differre,</hi>
                        <note place="margin">Idem sect.3. n. 21.</note> 
                        <hi>nolléque nisi ad aliquod tempus poenitere</hi>] and to refuse to re<g ref="char:EOLhyphen"/>pent
till such a day, is but a very little sin (saith <hi>Sotus;</hi>) it is none at all
(saith <hi>Medina</hi>) it is neither an act of impenitence, nor at all unlawful.</p>
                     <p>These are sad stories to be told and maintained by Christian families,<note place="margin">12.</note>
but therefore the more carefully to be look'd to, because it is concerning
the summe of affairs, and an error here is worse then an over-sight in a
day of battel: for repentance being the remedy for all the evils of our
soul, if the remedy be ordered so as that it come too late, or deferr'd till
the disease increase to an intolerable and an incurable evil, the state of our
soul must needs be without remedy; and that in our Philosophy is equiva<g ref="char:EOLhyphen"/>lent
to desperation.</p>
                     <p>
                        <pb n="525" facs="tcp:58903:291"/>
But before I reprove these horrid doctrines,<note place="margin">13.</note> which so intirely and with<g ref="char:EOLhyphen"/>out
dispute prevail in some Churches, I am to say two things. 1. If God
hath left the time of our repentance and return so wholly without care
and provision, though by the doctrine of some Romane Doctors the
Church hath been more careful of it and more severe then God himself,
yet neither the care of the Church, nor the ordinary provisions and arrests
made by God can ever be sufficient to cause men to live well in any tole<g ref="char:EOLhyphen"/>rable
degree. For if God binds you onely to repent in the day of your
death, or if he to hasten it will affright you with a popular judgement upon
the neighbourhood, all those that escape the sickness, and all that have
but little or no reason to fear it, and all those that can flie from it shall not
repent, and indeed shall not be tied to it. And if we consider the event
and impressions usually made upon our cities and villages by any popular
judgement, we shall finde so very many to be unconcerned, that if this be
the time of repentance, the duty will upon this account goe but slowly for<g ref="char:EOLhyphen"/>ward:
very many shall have no need to doe it; and none will doe it but
they that have: and if the fear of imminent death be the onely period, we
may easily perceive what ill provisions are made for repentance, when even
dying men will hardly believe that they shall die yet, but hope for life,
till their hopes and powers of working expire together. But then because
it is pretended that the Church hath made better provisions, and tied all
men to communicate at <hi>Easter,</hi> and consequently to repent by way of pre<g ref="char:EOLhyphen"/>paration
to the Holy Communion; I consider that the Church can onely
tie them to the outward signification of repentance, as Confession, and the
appendages of that entercourse; and if they omit the inward and more
spiritual and essential part of this great duty, they may for this sin as well
as for all the other repent in the day of death, and that is sufficient for the
performance of the Divine Commandement. And since the Church re<g ref="char:EOLhyphen"/>quires
no more but a periodical and a ritual repentance, the repentance
of a Christian will be like the <hi>Persian</hi> feast, which they call'd <hi>vitiorum in<g ref="char:EOLhyphen"/>teritum,
the destruction of impiety;</hi> upon the anniversary of which feast
they kill'd all the venemous creatures they could finde, but they let them
alone to swarm till that day came again: and that is the event of these ri<g ref="char:EOLhyphen"/>tual
and anniversary repentances; at a set time there is a declamation
made against sin, and some significations of the evil of it express'd, but
when the solemnity is over, it returns in all the material instances; and
there is no help for it in this doctrine, nor in the customes and usages of
those Churches that entertain it. So that this doctrine must be acknow<g ref="char:EOLhyphen"/>ledged
as a destroyer of good life: and though I know no artifices of
escape from this, that are made use of, yet if there were, we are not to con<g ref="char:EOLhyphen"/>sider
what is talk'd amongst Schoolmen to excuse the objection and to
maintain the faction, but what is really and materially the event of it, as it is
every day observed in the manners of men.</p>
                     <p>The other thing which I was to say is this,<note place="margin">14.</note> that this doctrine of the
Roman Schools, which is the common sentence of them all, cannot be di<g ref="char:EOLhyphen"/>rectly
confuted, unless we fall upon this proposition [<hi>that a man is positive<g ref="char:EOLhyphen"/>ly
and directly bound to repent of his sin as soon as ever he hath committed it.</hi>]</p>
                     <p>For if there be not something in the nature of sin that must not be re<g ref="char:EOLhyphen"/>tain'd
at all;<note place="margin">15.</note> if there be not much in the anger of God that must not be
endur'd at all; if there be not obligations to the service of God that must
<pb n="526" facs="tcp:58903:292"/>
not be put off at all; if there be not great regards concerning the love of
God without which we must not live at all; and lastly, if there be not
infinite dangers in our life, and that every putting our repentance off ex<g ref="char:EOLhyphen"/>poses
it to the inexcusable danger of never having it done at all; then it
must follow that repentance obliges no otherwise then alms, or saying our
prayers, it is to be done in its proper season: and the consequent of that
will be, that so it be done at all, we are safe enough if it be done at any
time; and if you can deferre it till to morrow, you may also put it off till
the next day, and so until you die. * And there is no avoiding it, as is
evident to all rational and considering persons: for to morrow and to day
are both alike as to the affirmative command; and by Gods law we are
not bound to it till the day of our death, if we be not bound to it every
day. We must therefore chuse our proposition. Does God give us
leave, if we have sinn'd, to dwell in it, to forget our danger, to neglect the
wound that putrifies? Is he pleased that we for whom he hath given his
Son, we whom he hath adopted into his family and made members of
Christ, we to whom he perpetually gives his grace, whom he invites by
his promises, and calls by his Preachers every day, and affrights by his
threatnings every hour, and incites by his Spirit, and makes restless by
the daily emotions of an unquiet conscience; that we whom he every day
obliges, and no day neglects to doe something towards our amendment
and salvation; is he (I say) pleased that we should in despight or contempt
of all this abide in his displeasure, and dwell in that state of evil things,
that if on any hour of so many days and weeks and moneths and years
we chance to die, we die again and die for ever? Is this likely? Does
God so little value the services of our life, the vigor of our youth, the wis<g ref="char:EOLhyphen"/>dome
of our age, the activity of our health, the imployment of our facul<g ref="char:EOLhyphen"/>ties,
the excellency of our dwelling with him? Does he so little estimate
the growth in grace, and the repetition of holy acts, the strength of our
habits, and the firmness of our love, that he will be satisfied with an acci<g ref="char:EOLhyphen"/>dental
repentance, a repentance that comes by chance, and is certain in no<g ref="char:EOLhyphen"/>thing
but that it certainly comes too late? But if we may not deferre our
repentance to the last, then we must not deferre it at all, we must not put
it off one day: For if one, then twenty, if twenty, then twenty thousand;
there is no reason against one, but what is against all: but if we may not
stay a thousand days, then not one hour; and that is the thing I shall now
contend for.</p>
                     <p>1. I remember an odde argument used by <hi>Reginaldus</hi>
                        <note place="margin">16.</note>
                        <note n="*" place="margin">Ubi supra sect. 3.</note> to prove that
a man is not bound to be contrite for his sins as soon as he remembers
them; <hi>because</hi> (says he) <hi>if he were, then it were but ill provided by God and
the Church that Preachers should call upon men to confess their sins, to be sor<g ref="char:EOLhyphen"/>rowful
for them, and utterly to leave them: for there is no question but such
discourses will often remind us of our sins; and if we were then tied to re<g ref="char:EOLhyphen"/>pent,
and did sin by not repenting, then such preachings would be the occasion
of many sins, and the law would be an intolerable Commandement, and Christs
yoke not to be endured; because men doe not finde it so easy to repent upon
every notice:</hi> so he. But this consideration turn'd with the right end for<g ref="char:EOLhyphen"/>wards
is an excellent argument to enforce the duty which I am now pres<g ref="char:EOLhyphen"/>sing
of, a present actual repentance. For does God send Preachers who
every day call upon us to repent, and does not God intend we should re<g ref="char:EOLhyphen"/>pent
on that day he calls to doe it? Doe the Prophets and Preachers of
<pb n="527" facs="tcp:58903:292"/>
righteousness bid us repent next year? Have they Commission to say, It
were well and convenient if you would repent to day; but you doe not sin
if you stay till next year, or till you are old, or till you die? To what pur<g ref="char:EOLhyphen"/>pose
then doe they preach? Does not God require our obedience? Doe
we not sin if the Preachers say well and right, and we doe it not? Is there
any one minute, any one day in which we may innocently stay from the
service of God? Let us think of that. Every day on which a sinner de<g ref="char:EOLhyphen"/>ferres
his repentance, on that day he refuses to be Gods servant: and if
God does command his service every day, then he every day sins on which
he refuses. For unless God gives him leave to stay away, his very stay<g ref="char:EOLhyphen"/>ing
away is as much a sin as his going away, that is, his not repenting is
a new sin.</p>
                     <p>And if by way of Objection it be inquir'd,<note place="margin">17.</note> By what measures or rules
of multiplication shall such sins be numbred? whether by every day, and
why not by every night, or why not by every hour, or every half hour?
I answer, that the question is captious and of no real use, but to serve in<g ref="char:EOLhyphen"/>stead
of a temptation. But the answer is this; 1. That the sin of not repen<g ref="char:EOLhyphen"/>ting
increases by intension of degrees, as the perpetuity of an act of hatred
against God. He that continues a whole day in such actual hostility and
defiance increases his sin perpetually, not by the measures of wine and oile,
or the strokes of the clock, but by spiritual and intentional measures; he
still more and more provokes God, and in the eternal scrutiny God will
fit him with numbers and measures of a proportionable judgement.
2. The sin of not repenting is also multiplied by extension; for every time
a man does positively refuse to repent, every time a man is call'd upon or
thinks of his duty and will not doe it, every such negative is a new sin, and
a multiplication of his scores: and it may happen that every day that may
become twenty sins, and in a short time rise to an intolerable height.</p>
                     <p>2. He that remembers he hath committed a sin,<note place="margin">18.</note> either remembers
it with joy or with displeasure. If with displeasure, it is an act of repen<g ref="char:EOLhyphen"/>tance;
if with joy, it is a new sin; or if it be with neither, the man does
not consider at all. But if it abides there, the sin will be apt to repeat its
own pleasures to the memory, to act them in the fancy, and so endear them
to the heart: and it is certain that all active considerations declare on one
side or other, either for the sin or against it; and the Devil is not so
backward at tempting, and the pleasure of the sin is not so unactive, but
if ever it be thought upon without sorrow, it cannot easily be thought up<g ref="char:EOLhyphen"/>on
without some actual or potential delight: and therefore he that repents
not, does sin anew. He that hath stoln is bound presently to restore if he
can, and when it is in our hand it must also be in our heart to restore, and
the evil must not be suffered so much as for an hour to dwell upon the in<g ref="char:EOLhyphen"/>jur'd
person: so it is in the restitution of our hearts and our affections to
God; there is an injustice done to God all the way by our detaining of his
rights, the injury is upon him, he complains that we will not come in, and
is delighted if we come speedily. Restitution therefore must be made pre<g ref="char:EOLhyphen"/>sently;
and for the satisfaction and amends for the wrong besides, God
may longer expect, even till the day of its proper period.</p>
                     <p>3. Does not God every day send something of his grace upon us?<note place="margin">19.</note>
Does he not always knock at the door of our hearts, as long as the day of
<pb n="528" facs="tcp:58903:293"/>
salvation lasts? Does not he send his Spirit to invite, his arguments to per<g ref="char:EOLhyphen"/>swade,
and his mercies to endear us? Would he have any thing of this
lost? Is it not a sin once to resist the Holy Spirit? And he that remem<g ref="char:EOLhyphen"/>bers
his sin, and knows it is an offence against God, and yet does not re<g ref="char:EOLhyphen"/>pent
at that thought and that knowledge, does not he resist the Holy Spi<g ref="char:EOLhyphen"/>rit
of God, so moving, so acting, so insinuating? Is not every good Ser<g ref="char:EOLhyphen"/>mon
a part of the grace of God? <hi>Qui monet, quasi adjuvat,</hi>
                        <note place="margin">
                           <gap reason="illegible" resp="#TECH" extent="1 span">
                              <desc>〈…〉</desc>
                           </gap>
                        </note> says the Co<g ref="char:EOLhyphen"/>medy,
<hi>he that counsels you, helps you:</hi> and can it be imagined that he that
resists the grace of God twenty years is not a greater villain then he that
stood against it but twenty moneths, and so on to twenty days, and twenty
hours? <hi>Peccatorem tanto sequitur districtior sententia quantò peccanti ei
magna est patientia prorogata: &amp; Divina severitas eò iniquum acriùs pu<g ref="char:EOLhyphen"/>nit,
quò diutiùs pertulit,</hi> saith S. <hi>Gregory.</hi> The longer God hath expected
our repentance, the more angry he is if we doe not repent; now Gods
anger would not increase if our sin did not. But I consider, Must not a
man repent of his resisting Gods grace, of his refusing to hear, of his not
attending, of his neglecting the means of salvation? And why all this, but
that every delay is a quenching of the light of Gods Spirit, and every such
quenching cannot be innocent? And what can be expounded to be a con<g ref="char:EOLhyphen"/>tempt
of God, if this be not; that when God by his preventing, his ex<g ref="char:EOLhyphen"/>citing,
his encouraging, his assisting grace invites us to repentance, we ne<g ref="char:EOLhyphen"/>vertheless
refuse to mourn for our sins and to repent? * This is the very
argument which the Spirit of God himself uses, and therefore is not ca<g ref="char:EOLhyphen"/>pable
of reproof or confutation. <hi>Because I have called and ye refused, I
have stretched out my hand and no man regarded:</hi>
                        <note place="margin">Prov. 1. 24.</note> 
                        <hi>but ye have set at nought all
my counsel, and would none of my reproof; I will also laugh at your calamity,
and mock when your fear cometh.</hi> Is not therefore every call to be regar<g ref="char:EOLhyphen"/>ded?
and consequently is not every refusing criminal? and does not God
call every day? Put these things together, and the natural consequent of
them is this, That he who sins &amp; does not repent speedily, does at least sin
twice, and every day of delay is a further provocation of the wrath of God.
To this purpose are those excellent words of S. <hi>Paul, Despisest thou the ri<g ref="char:EOLhyphen"/>ches
of his goodness and forbearance and long-suffering,</hi>
                        <note place="margin">Rom. 2. 4.</note> 
                        <hi>not knowing that the
goodness of God leadeth thee to repentance?</hi> That is, every action of Gods
loving-kindness and forbearance of thee is an argument <hi>for,</hi> and an exhor<g ref="char:EOLhyphen"/>tation
<hi>to</hi> repentance; and the not making use of it is called by the Apostle,
<hi>a despising of his goodness;</hi> and the not repenting is on every day of delay
<hi>a treasuring up of wrath:</hi>
                        <q>
                           <gap reason="foreign">
                              <desc>〈 in non-Latin alphabet 〉</desc>
                           </gap>,</q>
                        <hi>Men waxe old</hi> and grow gray <hi>in their iniquity,</hi> while they think every day
too short for their sin, and too soon for their repentance. But (if I may
have leave to complain) it is a sad thing to see a man who is well instructed
in Religion, able to give counsel to others, wise enough to conduct the af<g ref="char:EOLhyphen"/>fairs
of his family, sober in his resolution concerning the things of this
world, to see such a person come to Church every Festival, and hear the
perpetual Sermons of the Gospel, the clamors of Gods Holy Spirit, the
continual noise of <hi>Aarons</hi> bells ringing in his ears, a man that knows the
danger of a sinner if he dies without pardon, that the wrath of God can<g ref="char:EOLhyphen"/>not
be endured, and yet that without a timely and sufficient repentance it
cannot be avoided; to see such a man day after day sin against God, enter
into all temptations, and fall under every one, and never think of his re<g ref="char:EOLhyphen"/>pentance,
but unalterably resolve to venture for it, and for the acceptance
<pb n="529" facs="tcp:58903:293"/>
of it at the last: for it is a venture whether he shall repent; and if he does,
it is yet a greater venture whether that repentance shall be accepted, be<g ref="char:EOLhyphen"/>cause
without all peradventure in that case it can never be perfected. But
the evil of this will further appear in the next argument.</p>
                     <p>4. He that does not repent presently,<note place="margin">20.</note> as soon as he remembers and
considers that he hath sinn'd, does certainly sin in that very procrastination,
because he certainly exposes himself to a certain and unavoidable danger of
committing other and new sins. And therefore I cannot but wonder at
the assertors of the opposite doctrine, who observe this danger, and sig<g ref="char:EOLhyphen"/>nify
it publickly, and yet condemn such persons of imprudence onely but
not of sin. The words of <hi>Reginaldus,</hi> and according to the sense of <hi>Na<g ref="char:EOLhyphen"/>varre,</hi>
are these, <hi>Ad quod tamen tempus poenitentiam differre esse salutem
animae in magnum discrimen adducere patet per illud quod ex D. Augustino</hi>
                        <note place="margin">L. 5. prax. <gap reason="illegible" resp="#TECH" extent="1 word">
                              <desc>〈◊〉</desc>
                           </gap> poenit. cap. 2. sect. 4. n. 23</note>
                        <hi>refertur in cap siquis: &amp; cap. finali de poeniten. dist.</hi> 7. <hi>dubiam esse salutem
illorum quos non ante sed post aegritudinem poenitet. Ratio verò esse potest quod
in eo cernatur interpretativus contemptus Dei, qui saepius per gratias praeveni<g ref="char:EOLhyphen"/>entes
illos excitat ac movet ad resipiscentiam, agendamque poenitentiam, con<g ref="char:EOLhyphen"/>terendumve
de suis peccatis: nihilominus non curant atque negligunt. He
that defers his repentance brings his Soul into manifest and great danger,
according to the doctrine of S.</hi> Austin; <hi>for it is an interpretative contempt of
God, who often excites them by his preventing graces to repent and to dee
penance, and to be contrite for their sins, but they neglect it and care not.</hi> Now
since thus much is observ'd and acknowledged, it is a strange violence to
reason and to religion that it should not also be confessed to be the design
and intention of God, he will and pleasure, the purpose of his grace and
the Oeconomy of Heaven, the work of his Spirit and the meaning and in<g ref="char:EOLhyphen"/>terpretation
of his Commandement, that we should repent presently. For
when the question is concerning the sense and limit of an indefinite Com<g ref="char:EOLhyphen"/>mandement,
what can be a better commentary to the law then the actions
of God himself? for he understands his own meaning best, and certainly
by these things he hath very competently and sufficiently declar'd it.</p>
                     <p>If it be objected that these actions of the Divine grace are not suffi<g ref="char:EOLhyphen"/>cient
to declare it to be a sin not to doe it,<note place="margin">21.</note> whenever the grace of God
prompts us to repent, because we find that the Spirit of God does use rare
arts to invite us forward to such degrees of perfection and excellency, to
which whoever arrives shall be greatly rewarded, but if a man falls short, he
does not sin; I reply, that the case is not the same in the matter of Counsel,
and in the matter of a Commandement: For when the question is concerning
the sense and signification, the definition and limit of that which is acknow<g ref="char:EOLhyphen"/>ledg'd
to be a Commandement, the actions of the Divine grace signifying
Gods pleasure and meaning, doe wholly relate to the Commandement;
when the thing is onely matter of Counsel, then the actions of the Divine
grace relate to that, and are to be expounded accordingly. But thus they are
alike; that as God by his arguments and inducements, his assistances and
aides declares that to doe the thing he counsels would be very pleasing to
him; so they declare that what he commands is to be done, that he in<g ref="char:EOLhyphen"/>tends
the Commandement then to bind, that whenever the one is good,
the other is necessary. But his pleasure which he signifies concerning a
Counsel, does not mean like his pleasure concerning a Commandement;
but every thing according to the nature of the Subject Matter: for God
<pb n="530" facs="tcp:58903:294"/>
having left the one under choice, and bound the other by a law, whatever
signification of the mind of God comes after this must be relative to what
he hath before established, and does not now alter, but onely expound now
what his meaning was before. Since therefore the question here is to what
precise time we are oblig'd in the precept of repentance, nothing is more
reasonable then to conclude, that then God intended we should keep the
precept, when he enables us, and exhorts and calls upon us to doe it, which
because he by his grace and holy Spirit does every day, this declaration
of God is the best Commentary upon his Commandement.</p>
                     <p>But to return to the first purpose of this argument.<note place="margin">22.</note> He that knowes
he hath sinn'd, and will not kill it by repentance, leaves the affections to sin
remaining; an aptness to be tempted, a relation to the Devil, a captivity
to lust, and an impotency under his passion. For if sin be a cursed Serpent,
if it leaves any venome upon the Spirit of the man, if by committing sin
we are more apt to commit it still, he that hath sinn'd, and when he remem<g ref="char:EOLhyphen"/>bers
it does not repent, keeps himself in the dispositions to sin, he dwells
in the Temptation and the Neighbourhood: and because every thing that
invites and directly tends to sin is symbolical and of the same Nature,
the retaining of that very aptness by not repenting the old, must needs
be a progression and going on in sin, and therefore a new sin by inter<g ref="char:EOLhyphen"/>pretation.</p>
                     <p>And if we consider but the sad circumstances of those persons who
wax old in carelesness and contempt of duty,<note place="margin">23.</note> how dead their Spirit is, how
every day they grow more unwilling to repent, how habitual their per<g ref="char:EOLhyphen"/>swasions
are in the behalf of sin, how accidentally hard they grow, and by
perceiving so long an impunity, and that things remain as they were 20.
years agoe, and that though they sinn'd then, yet they are well still, and all
the affrightments of the Preachers sermons are but loud noises and harm<g ref="char:EOLhyphen"/>less
thunder, they grow confident and still more careless; we shall find
that their Spirit is in declension, and is continually, and still further distant
from the friendship of God. So sometimes we see a healthful body by the
disorders of one intemperate meeting fallen into the beginnings of a sick<g ref="char:EOLhyphen"/>ness.
The Man it may be does so no more; but feeling his sickness tole<g ref="char:EOLhyphen"/>rable,
and under the command of reason, he refuses to take physick, and to
throw out the evil principle which begins to ferment in the disordered
body: but Nature being disturbed and lessened in her proper vigor, goes
on in her usual methods as well as she can; she goes forward, but she car<g ref="char:EOLhyphen"/>ries
a load, which in a long progression growes intolerable, not by it's own
weight, but by the diminution of Natures strengths. But when the evil is
grown great, the Physitian is call'd for; who espying the evil state of
things is forc'd to reply, It is now very late, for nature is weak and the
disease is strong. I shall doe what art can minister, but I fear that Nature is
incapable of relief. So it is in the Soul; the very deferring of taking Phy<g ref="char:EOLhyphen"/>sick
is an increasing of the disease. For every sin is <hi>Ulcus,</hi> 
                        <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>,
it is an <hi>Ulcer</hi> and <hi>drawes</hi> all the humors thither for it's increase and
nourishment: and that which is sore will swell, and all the waters will
run to the hole in the bank, and every finger to the wound that smarts,
and every eye to the thing we fear: and therefore it hath been observ'd by
the wise guides of Souls, that those persons who defer their repentance to
their old age, their repentance comes off the harder, their penitential acti<g ref="char:EOLhyphen"/>ons
<pb n="531" facs="tcp:58903:294"/>
are the worse, their zeal colder, their care more indifferent, their reli<g ref="char:EOLhyphen"/>gion
less, their fears are trifling, their love starke and cold, their confessions
formal and imperfect, every thing amiss, nothing right: but no repen<g ref="char:EOLhyphen"/>tance
can be that which God intends, unless it begins betimes.
<q>
                           <l>Vidi ego quod fuerat primò sanabile vulnus<note place="margin">Ovid.</note>
                           </l>
                           <l>Dilatum longae damna tulisse morae.</l>
                        </q>
Any one disease if let alone, though there be no new sickness supervening,
growes mortal by meer delay, and incurable for want of timely remedy.</p>
                     <p>5. Let us consider upon what account any man can defer his repen<g ref="char:EOLhyphen"/>tance
and yet be innocent.<note place="margin">24.</note> It must either be because he loves his sin, or
because he loves not God; because he either despises the Divine justice,
or presumes upon his mercy; because he hath evil principles, or because he
will not obey those which are good. It is positive impenitence, or it is
privative; it is hardness of heart, or it is effeminacy of life; it is want of
fear, or want of love: and whatsoever can come from any of these causes or
beginnings can never be innocent. And therefore S. <hi>Ambrose</hi> his question
was a good caution and a severe reproof. <hi>Quid enim est quod differas? an ut
plura peccata committas? Why doe you defer your repentance? is it because you
would commit more sins?</hi> That's most likely.
<q>
                           <l>Sed quia delectat Veneris decerpere fructus,</l>
                           <l>Dicimus assiduè,<note place="margin">Lib. 1. de remed. amoris.</note> Cras quoque fiet idem.</l>
                           <l>Interea tacitae serpunt in viscera flammae,</l>
                           <l>Et mala radices altiùs arbor agit.</l>
                        </q>
He that sayes he will not repent of his lust to day, sayes in effect that he
means to act it again to morrow; for why else should he put his repen<g ref="char:EOLhyphen"/>tance
farther off?
<q>
                           <l>Quid juvat in longum causas producere morbi?</l>
                           <l>Cur dubium expectat cras hodierna salus?</l>
                        </q>
If you really intend your cure, it is better to begin today then to morrow:
and why should any man desire to be sick one day longer? Whatever can
be in it, it is a disease and a very sickness of it self. There can be no good
excuse pretended for it. For if carelesness, if the neglect of holy things
can ruine us (as certainly a man may die with hunger as surely as by gult<g ref="char:EOLhyphen"/>tony,
by not eating at all as well as by eating too much, by omission
as well as by commission) it will follow that the not repenting is fatal
and damnable, because every <hi>delay</hi> is a <hi>Not-repenting</hi> till that delay be
gone.</p>
                     <p>6. The Scripture does every where call upon us for a speedy repen<g ref="char:EOLhyphen"/>tance.<note place="margin">25.</note>
For God that commands us to pray every day, consequently com<g ref="char:EOLhyphen"/>mands
us to repent every day.<note place="margin">Apud Reginaid ubi supra.</note> This argument ought to prevail even upon
the adversaries account: For <hi>Navarre</hi> confesses, <hi>Extra tempus articuli
mortis dantur casus in quibus peccator conteri tenetur per aliud, sive ex vi
alicujus praecepti quod peccator ipse transgreditur, aliquid agens non contritus.</hi>
When there is any distinct precept obliging to a duty which cannot be
done by him that is not penitent, he that directly obliges to that other
duty, does indirectly and consequently at that very time oblige to repen<g ref="char:EOLhyphen"/>tance.
Thus when the Church obliges a Priest to consecrate and to com<g ref="char:EOLhyphen"/>municate,
because he who does so without repentance commits a deadly
sin, the Church accidentally ties him at that time to repent. From these
premisses I assume, that since God obliges us every day to pray, he also
<pb n="532" facs="tcp:58903:295"/>
obliges us to doe that without which we cannot pray as God intends we
should<g ref="char:punc">▪</g> that is, to throw away all our affection to sin, to repent of it and
to forsake it. For <hi>the prayer of a wicked man is an abomination to the Lord,</hi>
said <hi>Solomon;</hi> and <hi>we know that God heareth not sinners,</hi> said he in the Gospel,
that is, those who having sinn'd have not yet repented,
<q>—Infelix infelicior ut sit,</q>
being <hi>unhappy</hi> in their hasty sin, but <hi>more unhappy</hi> in their slow repentance:
but it is the prayer of the repenting man which God will hear; &amp; therefore
our Blessed Saviour commanding us to pray and teaching us how, enjoynes
us that we every day pray for the forgiveness of our trespasses; as for our
daily bread, so for our daily pardon: <hi>Panem nostrum da nobis hodie, Give us
this day</hi> our proportion of <hi>bread;</hi> and therefore also this day give us pardon;
for we must return <hi>to day: Hodie</hi> for bread, and <hi>hodie</hi> for forgiveness and
amendment. So the Psalmist, and so the Apostle in his words, <hi>To day
hear his voice and harden not your hearts;</hi> not onely expressly comman<g ref="char:EOLhyphen"/>ding
us not to defer our repentance one day, but plainly enough affirming
that every such delay is an act of hardness of heart and obduration, and
therefore a new sin superadded to the old. For although in Nature and
Logick time consignifies, that is, it does the work of accidents and appen<g ref="char:EOLhyphen"/>dages
and circumstances, yet in Theology it signifies and effects too;
time may signify a substantial duty, and effect a material pardon: but of all
the parts of time we are principally concern'd in the <hi>present.</hi> But it is
remarkable, that though [<hi>Hodie, to day</hi>] signifies the present time, yet
the repentance which began yesterday, which took an earlier <hi>hodie,</hi> is bet<g ref="char:EOLhyphen"/>ter
then that which begins <hi>to day:</hi> but that which staies till to morrow is
the worst of all.
<q>Ille sapit quisquis, Posthume, vixit Heri.</q>
For <hi>Heri</hi> and <hi>Hodie, yesterday</hi> and <hi>to day,</hi> signifies <hi>Eternity:</hi> so it is said of
Christ, <hi>Yesterday and to day, the same for ever.</hi> But <hi>Hodie</hi> and <hi>Cras, to day</hi>
and <hi>to morrow,</hi> signifies but <hi>a little while. To day and to morrow I work,</hi> said
Christ, that is, I work a little while; and <hi>the third day,</hi> that is, very shortly
or quickly, <hi>I shall make an end.</hi> That repentance is likely to prevail to a
happy eternity which was yesterday and to day, but if it be deferred till to<g ref="char:EOLunhyphen"/>morrow,
it begins late and will not last so long. * To this purpose excel<g ref="char:EOLhyphen"/>lent
are those words of <hi>Ben-Sirach,</hi>
                        <note place="margin">Ecclus. 5. 7.</note> 
                        <hi>Make no tarrying to turn unto the Lord,
and put not off from day to day: for suddenly shall the wrath of the Lord come
forth, and in thy security thou shalt be destroyed.</hi> Meaning that every day of
thy life may be the day of thy death, therefore take heed, and <hi>defer not
untill death to be justified,</hi> for God oftentimes smites sinners in their confi<g ref="char:EOLhyphen"/>dence;
he strikes them in their security, in their very delay they are surpris'd,
in their procrastination they shall loose their hopes, and the benefit and
usefulness of to morrow. For what is vain man that he should resolve not
to repent till <hi>Easter?</hi> It may be at that very time he so resolves there is an
impostume in his head or breast, or there is a popular disease abroad that
kills in three daies, or to morrows dinner shall cause a surfeit, or that
nights drinking shall inflame his blood into a feaver, or he is to ride a
journey the next day and he shall fall from his horse and die, or a tile in
the street shall dash his brains out; and no man can reckon all the possibi<g ref="char:EOLhyphen"/>lities
of his dying suddenly, nor the probabilities that his life will end very
quickly. This question therefore may be determin'd without the in<g ref="char:EOLhyphen"/>trigues
of disputation. Let a man but believe that he is mortal, let him but
confess himself to be a man, and subject to chance, and there is no more
<pb n="533" facs="tcp:58903:295"/>
requir'd of him in this article, but the consequence of that confession.
<hi>Nemo Deo credens non se sub verbis ejus corrigit nisi qui diu se putat esse
victurum,</hi> saith S. <hi>Austin, Whosoever believes in God will presently amend
his life at the command of God, unless he thinks he shall live long.</hi> But what
if a man should live long? is it so intolerable a thing to live vertuously
when we are to live long, that the hopes of life shall serve to no other end
but that sin may be continued and repeated, and repentance may be de<g ref="char:EOLhyphen"/>layed?
That's the worst conclusion in the world from such premisses. But
however, he that considers that so many men and women die young, will
have but little reason to conclude to so evil and dangerous purposes from
so weak and contingent principles. When <hi>Theramenes</hi> came out from his
friends house the roof and walls immediately fell down. The <hi>Athenians</hi>
espying the circumstances of that safety, flock'd about him, congratulated his
escape, and cried him up as a man dear unto the Gods for his so strange de<g ref="char:EOLhyphen"/>liverance
from the ruine. But he wisely answer'd, <hi>Nescitis, viri, ad quae
tempora &amp; pericula Jupiter me servare voluerit, Ye know not, O Athenians,
to what evils I am reserved.</hi> He said true, for he that had escap'd the fall
of a house in <hi>Athens,</hi> was in a little while condemn'd by the <hi>Ephori</hi> of <hi>Sparta</hi>
to drink the cold and deadly hemlock; he pass'd but from one opportu<g ref="char:EOLhyphen"/>nity
of death unto another.
<q>
                           <l>
                              <gap reason="foreign">
                                 <desc>〈 in non-Latin alphabet 〉</desc>
                              </gap>
                              <note place="margin">Eu<gap reason="illegible" resp="#TECH" extent="2 letters">
                                    <desc>••</desc>
                                 </gap>.</note>
                           </l>
                           <l>
                              <gap reason="foreign">
                                 <desc>〈 in non-Latin alphabet 〉</desc>
                              </gap>.</l>
                        </q>
No man can tell whether he shall live till to morrow: and to put off
our repentance when it may be there is at the very instant the earnest
of death in thy heart or bowels, a stone ready form'd, hardned and
ripe in the Kidneies, and will before to morrow morning drop into the
bladder,
<q>Mors latet in mediis abdita visceribus,</q>
Death is already plac'd in the stomach, or is gone into the belly, then,
that is, in any case to defer repentance, is a great folly and a great un<g ref="char:EOLhyphen"/>charitableness,
and a contempt of all the Divine revelations concerning
heaven and hell. <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>, of all things in the world <hi>doe not trust
to time.</hi>
                        <q>
                           <l>—Obrepit non intellecta senectus;<note place="margin">Auson</note>
                           </l>
                           <l>Nec revocare potes qui periere dies.</l>
                        </q>
In time there is nothing certain, but that a great part of our life slips away
without observation, and that which is gone shall never come again? These
things although they are dress'd like the arguments of Orators, yet they
doe materially and logically conclude, That if to be uncharitable be a sin,
he that defers his repentance in so uncertain a life and so certaintly ap<g ref="char:EOLhyphen"/>proaching
death, must needs be a very great sinner upon that account, be<g ref="char:EOLhyphen"/>cause
he does not love himself, and therefore loves no body, but abides
without charity. But our Bl. Saviour hath drawn this Caution into a di<g ref="char:EOLhyphen"/>rect
precept, <hi>Agree with thine adversary</hi> 
                        <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap> 
                        <hi>quickly:</hi> The hope of Eter<g ref="char:EOLhyphen"/>nity
which now is in thy hand may else be lost for ever, and drop through
thy fingers before to morrow morning.<note place="margin">S. Greg. Naz. in Sanct. Bapt.</note> 
                        <hi>Quanto miser in periculo versa<g ref="char:EOLhyphen"/>beris,
quamque inopinati rerum casus te abripient!</hi> Miserable man, thou art
in extreme danger, and unlook'd for accidents may end thy talkings of re<g ref="char:EOLhyphen"/>pentance
and make it impossible for ever. A man is subject to infinite num<g ref="char:EOLhyphen"/>bers
of chances; and therefore that we may not rely upon the future or
make delayes, let us make use of this argument, <hi>Whatsoever comes by chance,
comes upon the sudden.</hi>
                     </p>
                     <p>
                        <pb n="534" facs="tcp:58903:296"/>
But because this discourse is upon the grounds of Scripture,<note place="margin">26.</note> it is of
great force what was by the Spirit of God threatned to the Angel of the
Church of <hi>Ephesus;</hi>
                        <note place="margin">Revt.. 2. 5.</note> 
                        <hi>Repent, for I will come unto thee quickly, and remove
the Candlestick out of its place unless thou doest repent:</hi> that is, unless thou
repent quickly, I will come quickly. Who knows how soon that may be
to any man of us all? and therefore it is great prudence and duty and cha<g ref="char:EOLhyphen"/>rity
to take care that his coming to us doe not prevent our return to
him; which thing can never be secur'd but by a present repentance. And
if it be consider'd that many persons as good as we, as wise, as confident, as
full of health, and as likely to live, have been snatch'd away when they
least did think of it, with a death of sudden, that the deferring their repen<g ref="char:EOLhyphen"/>tance
one day hath been their undoing for ever; that if they had repented
heartily, and chosen a good life clearly and resolvedly upon the day before
their sudden arrest, it would have look'd like a design of grace and of ele<g ref="char:EOLhyphen"/>ction,
and have rendred their condition hopeful; we shall finde it very
necessary that we doe not at all deferre our return, for this reason, because
one hours stay may not onely by interpretation, but also in the real event
of things, prove to be that which S. <hi>Austin</hi> call'd [the sin against the Holy
Ghost] that is, <hi>final impenitence.</hi> For as he that dies young, dies as much
as he that dies after a life of fourscore years; so is that impenitence final
under which a man is arrested under the infancy of his crime, as much as
if after twenty years grace and expectation, the man be snatch'd from
hence to die eternally. The evil is not so great, and the judgement is not
so heavy, but as fatal and as irreversible as the decree of damnation upon
the falling Angels.</p>
                     <p>7. When we see a man doe amiss we reprove him presently,<note place="margin">27.</note> we call
him off from it at the very time, and every good man would fain have his
unhappy friend or relative leave in the midst of his sin, and be sorry that he
went so farr; and if he have finish'd his sin, we require of him instantly
to hate it, and ask pardon. This is upon the same account that God does
it, because to continue in it, can be for no good; to return instantly hath
great advantages; to abide there is danger, and a state of evil; to chuse to
abide there is an act of love to that evil state, and consequently a direct
sin; and not to repent when we are admonished, is a chusing to abide
there: and when ever we remember and know and consider we have sinn'd,
we are admonished by Gods Spirit and the principles of grace and of a holy
Religion. So that from first to last it follows certainly, that without a
new sin, we cannot remember that we have sinn'd unless then also we doe
repent: and our aptness to call upon others to doe so is a great convicti<g ref="char:EOLhyphen"/>on
that every man is oblig'd in his own particular to doe so.
<q>
                           <l>
                              <gap reason="foreign">
                                 <desc>〈 in non-Latin alphabet 〉</desc>
                              </gap>,<note place="margin">Menand.</note>
                           </l>
                           <l>
                              <gap reason="foreign">
                                 <desc>〈 in non-Latin alphabet 〉</desc>
                              </gap>.</l>
                        </q>
Since we are all wise enough to give good counsel, it will reproach us if we
are not conducted by the consequences of our own wise advices. It
was long first, but at last S. <hi>Austin</hi> fell upon this way; nothing could end
his questions, or give rest unto his conscience, or life to his resolutions, or
satisfaction to his reason, or definition to his uncertain thoughts, or a con<g ref="char:EOLhyphen"/>clusion
to his sin, but to understand the precept of repentance to oblige
in the very present and at no time else. <hi>Differens dicebam modò, ecce modò,
sine paululúm: sed modò &amp; modò non habebat modum.</hi> He would anon, and
he would next week, and he would against the next Communion; but
<pb n="535" facs="tcp:58903:296"/>
there was no end of this: and when he saw it, <hi>sub fico stravi me flens,
quamdiu, quamdiu cras, &amp; cras? quare non modó? quare non hâc horâ finis
turpitudinis meae?</hi> I wept and said, how long shall I say <hi>To morrow?</hi> Why
shall I not now by present repentance put an end to my crimes? If not
now, if not till to morrow, still there is the same reason for every time of
your health, in which you can say to morrow. There is enough to determine
us <hi>To day,</hi> but nothing that can determine us <hi>To morrow.</hi> If it be not ne<g ref="char:EOLhyphen"/>cessary
now, it is not necessary then, and never can be necessary till it be
likely there will be no morrow-morning to our life. I conclude this argu<g ref="char:EOLhyphen"/>ment
in the words of the Latine Anthology,
<q>
                           <l>Converti ad rectos mores &amp; vivere sanctè</l>
                           <l>In Christo meditans, quod cupit acceleret.</l>
                        </q>
He that would live well and be Christs servant, must make haste, and in<g ref="char:EOLhyphen"/>stantly
act what he knows he ought always to purpose, and more. To
which purpose S. <hi>Eucherius</hi> gives this advice, which at first will seem
strange, <hi>Propound to your self the example of the thief upon the Cross: Doe
as he did.</hi> Yes, we are too ready to doe so, that is, to deferre our repen<g ref="char:EOLhyphen"/>tance
to the last, being encouraged by his example and success. No: we
doe not as he did, that is a great mistake. It is much to be wish'd that we
would doe as he did in his repentance. How so? S. <hi>Eucherius</hi> thus re<g ref="char:EOLhyphen"/>solves
the riddle, <hi>Ad consequendum fidem non fuit extrema illa hora, sed
prima.</hi> He did not deferre his repentance and his faith unto the last; but
in the very first hour in which he knew Christ, in that very instant he did
believe and was really converted: he confess'd Christ gloriously, and re<g ref="char:EOLhyphen"/>pented
of his sins without hypocrisy: and if we doe so too, this question
is at an end, and our repentance shall never be reproved.</p>
                     <p>8. He that hath sinn'd, and remembers that he hath sinn'd,<note place="margin">28.</note> and does
not repent, does all that while abide in the wrath of God. God hates him
in every minute of his delay. And can it consist with any Christian grace,
with faith, or hope, or charity, with prudence or piety, with the love of
God, or the love of our selves, to outstand the shock of thunder, to out<g ref="char:EOLhyphen"/>face
the Canon, to dare the Divine anger, and to be careless and indifferent
though he be hated by the fountain of love and goodness, to stand ex<g ref="char:EOLhyphen"/>communicate
from Heaven? All this is beside the sin which he commit<g ref="char:EOLhyphen"/>ted;
all this is the evil of his not repenting presently. Can a man consi<g ref="char:EOLhyphen"/>der
that God hates him; and care not though he does, and yet be innocent?
And if he does care, and yet will not remedy it, does not he then plainly
despair, or despise it presumptuously? and can he that does so be innocent?
When the little boy of <hi>Xylander</hi> saw a company of Thieves robbing his Fa<g ref="char:EOLhyphen"/>thers
house, and carry away the rich Vessels, and ten Attick talents, he
smil'd and whipt his Top. But when a child who was in their company stole
his Top from him, he cried out and rais'd the neighbourhood.
<q>
                           <l>Sic sunt qui rident, nec cessant ludere, saevus</l>
                           <l>Cum Satanas illis non peritura rapit.</l>
                        </q>
So is he that plays on and is merry when his Soul is in the possession of the
Devil: for so is every Soul that hath sinn'd and hath not repented: he
would not be so patient in the loss of his money, he would not trust his
gold one hour in the possession of Thieves, nor venture himself two mi<g ref="char:EOLhyphen"/>nutes
in a Lions power; but for his Soul he cares not though it stay
moneths and years in a danger so great as would distract all the wits of
mankinde, if they could understand it perfectly as it is.</p>
                     <p>
                        <pb n="536" facs="tcp:58903:297"/>
9. If there were nothing else,<note place="margin">29.</note> but that so long as his sin is un<g ref="char:EOLhyphen"/>repented
of, the man is in an unthriving condition, he cannot entertain
Gods grace, he cannot hope for pardon, he cannot give God thanks
for any spiritual blessing, he cannot love his word, he must not come
to the holy Sacrament; if (I say) there were nothing else in it but the
meer wanting of those excellencies which were provided for him, it were
an intolerable evil, for a man to be so long in the dark without fire and
food, without health or holiness: but when he is all that while the object
of the Divine anger, and the right-aiming thunderbolts are directed against
his heart from the bow in the clouds, what madness and what impiety
must it needs be to abide in this state of evil without fear and with<g ref="char:EOLhyphen"/>out
love!</p>
                     <p>10.<note place="margin">30.</note> The advice of S. <hi>Paul</hi> in the instance of anger hath something
in it very pertinent to this article, <hi>Let not the Sun goe down upon your wrath;</hi>
that is, Doe not sleep till you have laid aside your evil thoughts: for many
have quietly slept in sin, who with horror and amazement have awak'd in
hell. But S. <hi>Pauls</hi> instance of anger is very material, and hath in it this
consideration, That there are some principiant and mother-sins, pregnant
with mischief, of a progressive nature, such sins which if they be let alone,
will of themselves doe mischief; if they be not kill'd they will strike;
like as Quick-silver, unless it be allayed with fasting spittle, or some other
excellent art, can never fixe: now of these sins there is no question but
a man is bound instantly to repent; and there is no season for these, but
all times are alike, and the first is duty. Now how many are thus is not
easily told; but it is easily told, that all are so of their own nature, or
may be so by the Divine judgement, and therefore none of them are to
be let alone at all.</p>
                     <p>11. The words of S. <hi>Austin</hi> which he intended for exhortation,<note place="margin">31.</note> are
also argumentative in this question, <hi>Hodiernum habes in quo corrigaris,</hi>
You have this day for your repentance. To morrow you have not. For
God did not command him that liv'd in the time of <hi>Samuel</hi> to repent in
the days of <hi>Moses;</hi> that was long before him, and therefore was not his
time: Neither did he command that <hi>Manasses</hi> should repent in the days of
the <hi>Asmonaei;</hi> they liv'd long after him, and therefore that could not be
his time, or day of repentance. Every one hath a day of his own. But
when we consider that God hath commanded us to repent, and yet hath
given us no time but the present, we shall perceive evidently, that there is
no time but the present in which he intended we should obey him. Against
this there can be no objection; for it is so in all other precepts whatso<g ref="char:EOLhyphen"/>ever,
unless there be something in the nature of the action that is deter<g ref="char:EOLhyphen"/>minable
by circumstances and particularities: but in this there is nothing
of relation to time and place; it may be done at any time, and is of an ab<g ref="char:EOLhyphen"/>solute,
irrespective nature, of universal influence, and of absolute necessity:
and God could no more intend to morrow to be the proper season of re<g ref="char:EOLhyphen"/>pentance,
then he could intend the five and twentieth Olympiad to be your
day for it; for the Commandement is present, and to morrow is not pre<g ref="char:EOLhyphen"/>sent;
and therefore unless we can suppose a Commandement, and no time
given us with the Commandement for the performing it, we must suppose
the present onely to be it. If to morrow does come, then when it is pre<g ref="char:EOLhyphen"/>sent,
it is also the time of your repentance. By which it is infallibly cer<g ref="char:EOLhyphen"/>tain,
<pb n="537" facs="tcp:58903:297"/>
and must be confess'd so by all wise and rational persons that know the
consequences of things, and the perswasion of propositions, that God in
every present commands us to repent; and therefore in every present in
which we remember our sin and repent not, we offend God, we prevaricate
his intentions, we sin against his mercies, and against his judgements, and
against his Commandements. I end this with the plain advice of <hi>Alcimus
Avitus;</hi>
                        <q>
                           <l>Dum patulam Christi cunctis clementia sese</l>
                           <l>Praebet, praeteritae plangamus crimina vitae,</l>
                           <l>Poeniteatque olim negligenter temporis acti,</l>
                           <l>Dum licet, &amp; sano ingenióque animóque valemus.</l>
                        </q>
In which words, besides the good counsel, this argument is insinuated,
That because we must repent even of the days of our negligence, and be
sorry for all our mis-spent time, and weep for having stai'd so long from
God, it follows that the very deferring of our repentance, our very neg<g ref="char:EOLhyphen"/>lecting
of it is a direct sin, and increases the causes of repentance; and
therefore makes it the more necessary to begin the sooner, by how much
we have stai'd the longer.</p>
                     <div n="2" type="question">
                        <head>Question II.</head>
                        <p>As an appendage to this great Case of Conscience,<note place="margin">32.</note> it is an useful inquiry
to ask, Whether a man is bound to repent, not onely the first time, but every
time that he thinks of his sin.</p>
                        <p>I answer,<note place="margin">33.</note> that he is; but to several purposes, and in differing mea<g ref="char:EOLhyphen"/>sures
and significations. If he hath never repented, then upon the former
accounts, every remembrance of his sin is a specification and limit to the
indefinite and affirmative Commandement; and the second thought of it,
because the first not being attended to hath increased the score, and the
time being so much the more spent, hath increased the necessity and the
haste: and if the second be neglected, then the third still calls louder; and
every succeeding thought does not onely point us out the opportunity, and
the still proceeding season of doing it, but it upbraids every preceding
neglect, and presses the duty stronger by a bigger weight of the same
growing arguments. For no man is safe but he that repents at least to day;
but he was wise that repented yesterday. And as it is in humane entercourse,
he that hath done wrong, and runs presently to confess it, and offer amends,
shall have easier terms of peace then he that stands out at law, and comes
not in till he be compell'd: so it is in our returns to God; the speedy
penitent shall finde a ready and a prepared mercy, but he that stays longer
will finde it harder, and if he stays to the last, it may be not at all. * But
then if we have repented at the first monition or memory of sin, we must
never any more be at peace with it: it will perpetually make claim, it will
every day sollicite, it will break into a flame upon the breath of every
temptation, it will betray thy weakness and abuse thy credulity, it will
please thy fancy and abuse thy understanding, it will make thee sin again
as formerly, or desire to sin, to fall willingly, or very hardly to stand; &amp;
after all, if thou hast sinn'd thou art under a sad sentence, and canst not tell
when thou shalt have a certain peace. So that whenever thou thinkest of
thy sin thou hast reason to be displeased, for thou art always the worse for
<pb n="538" facs="tcp:58903:298"/>
it; always in danger, or always uncertain: thou hast always something
to doe, or something to undoe; something to pray for, and many things to
pray against. But the particular causes of a perpetual repentance for our
past sins are reducible to these two.</p>
                        <p>1. When ever we have sinn'd,<note place="margin">34.</note> and fallen into the Divine displeasure,
we dwell for ever after in the dark: we are sure we have sinn'd, and Gods
anger is plainly revealed against sinners: but we know not how farre this
anger will extend, nor when it will break out, nor by what expressions
it shall be signified, nor when it will goe off, nor at what degree of sorrow
God will be appeased, nor how much industry shall be accepted, nor how
many actions of infirmity shall be allowed; nothing of this is revealed.
But we are commanded to doe an indefinite duty, we are to have an unli<g ref="char:EOLhyphen"/>mited
watchfulness, we are called upon to have a perpetual caution, a duty
that hath no limit, but all our time and all our possibilities; and all the
fruit of this is growing in the Paradise of God, and we shall not tast it
till the day of the revelation of the righteous judgement of God. In the
mean time we labour and fear, we fear and hope, we hope and are uncer<g ref="char:EOLhyphen"/>tain,
we pray and cannot see what will be the event of things. Some<g ref="char:EOLhyphen"/>times
we are confident; but that pertness comes it may be from the temper
of the body, and we cannot easily be sure that it comes from God: and
when we are cast down, it may be it is nothing but an effect of the spleen,
or of some hypochondriacal propositions, or some peevish company, and
all is well with us, better then we think it is; but we are under the cloud,
and, which is worst of all, we have always but too much reason to fear, and
consequently to be grieved for the causes of all this darkness, and all this
fear, and all this danger.</p>
                        <p>2. Besides all this,<note place="margin">35.</note> our sin is so long in dying, and we kill it with such
lingring circumstances, and reprieve it so often, and it is often laid onely
aside until the day of temptation, and our repentance is so frequently in<g ref="char:EOLhyphen"/>terrupted,
or made good for nothing, and even in our weepings for sin we
commit folly, that a man can never tell when he hath done, and when he
is to begin again. For these reasons we finde it very necessary to hate our
sin perpetually, and for ever to deplore our calamity in the Divine displea<g ref="char:EOLhyphen"/>sure,
to remember it with sorrow, and to strive against it with diligence.
Our sins having made so great an alteration in our persons, and in the state
of our affairs, we cannot be so little concerned as to think of them with in<g ref="char:EOLhyphen"/>difference;
a sigh at least, or a tear will well become every thought; a
prayer for pardon, or an act of indignation against them; a <hi>Domine mise<g ref="char:EOLhyphen"/>rere,</hi>
or a <hi>Me miserum peccatorem! Have mercy upon me, ô God,</hi> or, <hi>Mise<g ref="char:EOLhyphen"/>rable
man that I am!</hi> something of hope, or something of fear. Own it
but as a cause of sorrow, or an instance of thy danger; let it make thee
more zealous or more patient; troubled at what is past, or cautious for
the time to come: and if at every thought of thy sin it be not easy to doe
a positive act of repentance, yet the actions must be so frequent that the
repentance be habitual; ever in preparation, and ever apt for action; seek<g ref="char:EOLhyphen"/>ing
occasions of doing good, and omitting none; praying and watching
against all evil, and committing none. At this rate of repentance a man
must always live, and in Gods time expect a freedome from sin, and a con<g ref="char:EOLhyphen"/>firmation
in grace. But then as to the main issue of the Question;</p>
                        <p>
                           <pb n="539" facs="tcp:58903:298"/>
It is not intended that a man should every time weep when he
thinks of his sins;<note place="margin">26.</note> sometimes he must give thanks to God for his escape,
and rejoyce in the memory of the divine mercies, and please himself in the
promises of pardon, and doe acts of Eucharist and holy festivity. But
even these acts of spiritual joy, if they indear our duty, they destroy our
sin; if they make us to love God, they make us to hate sin; if they be
acts of piety, they are acts of repentance. So that when it is said, at every
thought of your sin you must doe something of repentance, if you doe any
act at all, this is nothing else but a calling upon us for the particulars, and
to pursue the methods of a good life. For repentance is the conversion of
the whole man, an intire aversation from evil, and a full return to God;
and every action of amendment, every prayer for pardon, and every mor<g ref="char:EOLhyphen"/>tification
of our desires, every observation and caution against danger, all
actions of a holy fear,<note place="margin">Dan. <gap reason="illegible" resp="#TECH" extent="1 letter">
                                 <desc>•</desc>
                              </gap>
                           </note> and every act of hope, even our almes and mercy to
the poor, is a breaking off our sins, and therefore an action of repentance.
So that if there can be any time of our life in which a sinner may not serve
God and yet be innocent, then it may be allowed at some time to think of
our sin and consider it, and yet not to doe an act of repentance; but in
no case else can it be allowed.</p>
                        <p>So that by this discourse we have obtain'd all the significations of
<hi>Hodie to day,</hi>
                           <note place="margin">37.</note> and they all relate to repentance. For though it signifies the
present time as to the beginning of this duty, yet it signifies our whole life
after that beginning, that is our <hi>Hodie, to day,</hi> we must begin now and con<g ref="char:EOLhyphen"/>tinue
to doe the same work all our daies. Our repentance must begin <hi>this
day</hi> by the computations of time, and it must not be put off one day, yet it
must goe on by the measures of Eternity. As soon as ever and as long as
ever we can say <hi>Hodie,</hi> it is <hi>to day,</hi> so soon and so long we must repent.
This is as certain in Divinity as a demonstration in the Mathematicks.</p>
                        <p>The summe is this;<note place="margin">38.</note> If by repentance we mean nothing but sorrow,
then it hath it's season, and does not bind alwaies to all times. But if by
repentance we understand a change of life, to which sorrow is onely instru<g ref="char:EOLhyphen"/>mental
and preparatory, then it is our duty alwaies to repent. That is, if
you doe any thing at all, it must be good: even to abide in goodness, to
resolve not to sin, to love not to sin, to proceed or to abide in innocence by
choice and by delight, by custome and resolution, are actions of an habitual
repentance; but repentance is never safe till it be habitual, but then also it
is so much the more perfect, by how much it is the more actual.</p>
                        <p>To conclude this inquiry,<note place="margin">39.</note> we must pray often, but we must repent al<g ref="char:EOLhyphen"/>waies:
and it is in these affirmative precepts as it is in the matter of <hi>life</hi>
and <hi>eating;</hi> we must eat at certain times and definite seasons, but we must
live continually. Repentance is the new life of a Christian; and therefore
we must no more ask when we are bound to repent, then when we are by
nature requir'd to breath. The motion must return speedily, or we die
with strangling.</p>
                     </div>
                  </div>
                  <div n="17" type="rule">
                     <pb n="540" facs="tcp:58903:299"/>
                     <head>RULE XVII. Because the Lawes of Jesus Christ were delivered
in Sermons to a single person, or a definite num<g ref="char:EOLhyphen"/>ber
of hearers, we are curiously to inquire and
wisely to understand, when those persons were
onely personally concerned, and when they were
Representatives of the whole Church.</head>
                     <p>THis Rule I learn from S. <hi>Austin,</hi>
                        <note place="margin">1.</note> 
                        <hi>Erit igitur hoc in observationibus in<g ref="char:EOLhyphen"/>telligendarum
Scripturarum,</hi>
                        <note place="margin">
                           <gap reason="illegible" resp="#TECH" extent="1 span">
                              <desc>〈…〉</desc>
                           </gap> c. 17.</note> 
                        <hi>ut sciamus alia omnibus communiter praecipi,
alia singulis quibusque generibus personarum: ut non solùm ad universum
statum valetudinis, sed etiam ad suam cujusque membri propriam infirmita<g ref="char:EOLhyphen"/>tem
medicina pertineat.</hi> Some things are given to all; others but to a
few; and some commands were to single persons and single states: God
having regard to the well-being of societies, and to the health even of every
single Christian. That there is a necessity of making a distinction is cer<g ref="char:EOLhyphen"/>tain,
but how this distinction is to be made is very uncertain, and no mea<g ref="char:EOLhyphen"/>sures
have yet been described, and we are very much to seek for a certain
path in this intricacy. If we doe not distinguish precept from precept, and
persons from states of life, and states of life from communities of men, it
will be very easy for witty men to bind burdens upon other mens shoulders
with which they ought not to be press'd; and it will be very ready for
scrupulous persons to take loads upon themselves which appertain not
to them; and very many will dispute themselves out of their duty, and say,
<hi>quid ad me?</hi> I am not concerned here; and the Conscience shall be un<g ref="char:EOLhyphen"/>guided
and undetermin'd while the lawes of order shall themselves lye
undistinguish'd and undiscerned in confusion and indiscrimination. There
must be care taken of this, or else cases of Conscience will extremely mul<g ref="char:EOLhyphen"/>tiply
to no purposes but those of danger and restless scruple. The best
measures that I know are these;</p>
                     <p>1.<note place="margin">2.</note> There are some precepts which are by all men confessed to be Ge<g ref="char:EOLhyphen"/>neral,
and some are every where known to be meerly Personal; and by
proportion to these we can be help'd to take account of others. When
<hi>Abraham</hi> as a trial of his obedience was commanded to sacrifice his Son,
this was alone a Commandement given to that man concerning that child,
at that time, and to that purpose. So when he was commanded to forsake
his Countrey and goe to <hi>Canaan,</hi> this was personal, and could not be drawn
into example: and no man could think that if he should kill his Son, or
leave his country, he should be rewarded for his obedience. For the Com<g ref="char:EOLhyphen"/>mandements
given to persons are individuated as the persons themselves
are, by time and place and circumstances, and a singular nature, a particu<g ref="char:EOLhyphen"/>lar
Soul: So is the Commandement also; it is made circumstantiate by all
that is in and about it: and the reason of a man and his observation is the
competent and final judge of these things; and no man is further required
to look after significations of that which is <hi>notorious.</hi> Others also are as
certainly and confessedly general; such as were the ten Commandements
<pb n="541" facs="tcp:58903:299"/>
to the Children of <hi>Israel;</hi> they were given to all the people, proclaim'd
to the whole nation, expressly spoken to them all, exacted of them all, and
under the same reason, and upon the same conditions. Now here are some
proportions by which we may guess at others.</p>
                     <p>2. For whatsoever related wholly to a person,<note place="margin">3.</note> or was determin'd by
a circumstance, or was the relative of time, that passes no obligation be<g ref="char:EOLhyphen"/>yond
the limits and definitions of those circumstances. Upon this account
all the Ceremonial and Judicial law of the Jewes have lost their obligation.
The service that related to a Temple that is now destroyed, and was to be
performed by a Priesthood that is expir'd, can no longer be a law of con<g ref="char:EOLhyphen"/>science.
Thus the command which Christ gave that his Brethren should
follow him into <hi>Galilee</hi> after the resurrection was wholly personal. The
Apostles were commanded to untie another mans Asse, and without asking
leave to bring him to Christ; the command was wholly relating to that
occasion, and gives no man warrant to take another mans goods for pious
uses without his leave. Circumstances are to actions like hedges to the
grounds, they divide and defend, and assign every mans portion. And in
these cases ordinary prudence is a sufficient guide.</p>
                     <p>3. Whatsoever precept was given to many,<note place="margin">4.</note> if it was succeeded to by
another that is inconsistent, or of a quite differing nature and circumstance,
the former is by the latter declared to have been personal, relative, temporary
and expir'd; &amp; nothing of it can be drawn into direct obligation. When our
Blessed Saviour sent out the 72. Disciples by two and two, he commanded
them to goe without sword or shooes or bag, and that they should not goe
into the way of the Gentiles. That these Commandements were tem<g ref="char:EOLhyphen"/>porary
and relative to that mission appears by the following mission after
Christs resurrection; by which they receiv'd command that they should
goe into the way of the Gentiles, that they should teach all Nations.
Therefore besides the special and nam'd permissions in this second legation,
as that they might now wear a sword, that they might converse with
Heathens, it is certain that those other clauses of command which were not
expressly revok'd, are not obligatory by vertue of the first sanction and
Commandement. And therefore if any man shall argue, Christ when he
sent forth his Disciples to preach, commanded that they should not goe
from house to house, but where they did first enter there to abide till the
time of their permitted departure, therefore it is not lawful to change
from one Church to another, from a less to a greater, from a poorer to a
richer, will argue very incompetently and inartificially; for all the Com<g ref="char:EOLhyphen"/>mandements
then given were relative to that mission: and if any thing
were inserted of an universal or perpetual obligation, it is to be attended
to upon some other account, not upon the stock of this mission and it's
relative precepts.</p>
                     <p>4.<note place="margin">5.</note> It is not enough to prove a precepts to be perpetual and general,
that it is joyned with a body of precepts that are so, though there be no
external mark of difference. Thus we find in the ten words of <hi>Moses</hi> one
Commandement for resting upon the seventh day from the Creation; it is
there equally prescribed, but fortified with reasons and authority, more
laboriously press'd, and without all external sign of difference to distinguish
the temporary obligation of this from the perpetuity of the other; and
<pb n="542" facs="tcp:58903:300"/>
yet all the Christian Church esteem themselves bound by the other, but
at liberty for this day. But then we understand our liberty by no external
mark appendent to the Sanction, but by the natural signature of the thing.
The nature of the precept was ceremonial and typical; and though to serve
God be moral and an Eternal duty, yet to serve him by resting upon that
day, or upon any day, is not moral; and it was not enjoyn'd in that Com<g ref="char:EOLhyphen"/>mandement
at all that we should spend that day in the immediate service of
God and offices of religion; and it was declar'd by S. <hi>Paul</hi> to be a shadow
of good things to come, and by our Bl. Lord it was declar'd to be of a
yielding nature, and intended to give place to charity and other moral
duties, even to religion it self, or the immediate service of God: for
though the Commandement was a precept meerly of rest, and doing no
labour was the sanctification of the day; yet that the Priests in the Temple
might worship God according to the rites of their religion, they were
permitted to work, <hi>viz.</hi> to kill the beasts of sacrifice, which Christ call'd
prophaning of the Sabbath, and in so doing he affirms them to have been
blameless. From hence, that is, from the natural signature of the thing
commanded, &amp; from other collateral notices, we come to understand that in
the heap of moral and Eternal precepts, a temporary, transient and rela<g ref="char:EOLhyphen"/>tive
did lie: and the reason why there was no difference made, or di<g ref="char:EOLhyphen"/>stinctive
mark given in the Decalogue, is because there was no difference
to be made by that Nation to whom they were given; but as soon as that
dispensation and period was to determine, then God gave us those marks
and notes of distinction which I have enumerated, and which were suffici<g ref="char:EOLhyphen"/>ent
to give us witness. So that if a whole body of Commandements be
published, and it be apparent that most of them are general and eternal,
we must conclude all to be so, untill we have a mark of difference, directly
or collaterally, in the nature of the thing, or in our notices from God:
but when we have any such sign, we are to follow it; and the placing of the
precept in other company is not a sufficient mark to conclude them all alike.
Thus it was also in the first mission of the Disciples (above spoken of) in
which the body of precepts was temporary and relative; but yet when our
Blessed Lord had inserted that clause [<hi>freely ye have received, freely give</hi>]
we are not to conclude it to be temporary and onely relating to that mission,
because it is plac'd in a body of relative Commandements: for there is
in it something that is Spiritual, and of an eternal decency, rectitude and
proportion; and we are taught to separate this from the other by the
reproof which fell upon <hi>Simon Magus,</hi> by the separate nature of Spiritual
things, by the analogy of the Gospel, by the provisions which upon other
accounts are made for the Clergy and the whole state Ecclesiastical, upon
the stock of such propositions which provide so fully, that they cannot
be tempted by necessity to suppose God left them to be supplied by Simo<g ref="char:EOLhyphen"/>niacal
entercourses. If there be nothing in the sanction of the Comman<g ref="char:EOLhyphen"/>dements
or any where else that can distinguish them, we must conclude
them alike; but if there be any thing there or any where else that makes
an indubitable or sufficient separation, the unity of place does not make an
equal obligation.</p>
                     <p>5. When any thing is spoken by Christ to a single person,<note place="margin">6.</note> or a definite
number of persons, which concerns a <hi>moral duty,</hi> or a <hi>perpetual rite</hi> of uni<g ref="char:EOLhyphen"/>versal
concernment, that single person, or that little congregation, are the
representatives of the whole Church. Of this there can be no question;
1. Because as to all moral precepts they are agreeing to the nature of man,
<pb n="543" facs="tcp:58903:300"/>
and perfective of him in all his capacities; and therefore such precepts
must needs be as universal as the nature, and therefore to be extended be<g ref="char:EOLhyphen"/>yond
the persons of those few men. Now if it be inquir'd how we shall
discern what is moral in the laws of God from what is not moral, we may
be assisted in the inquiry by the proper measures of it which I have already
described<note n="*" place="margin">Lib. 2. Ch. <gap reason="illegible" resp="#TECH" extent="1 letter">
                              <desc>•</desc>
                           </gap>. Rule 6. Nu. 65.</note>. Those concern the matter of the Commandement; here we
inquire concerning the different relation of the Commandement when the
sanction is the same with these which are of particular concernment; that
is, here we inquire by what other distinction besides the matter and nature
of the thing we are to separate general precepts from personal, perpetual
from temporal, moral from relative. And thus to inquire, is necessary
in the interpretation of the laws of Jesus Christ; because there are some
precepts moral and eternal, which nevertheless are relative to particular
states under the Gospel.</p>
                     <p>But secondly, there are some precepts which are not moral, but yet they
are perpetual and eternal, and concern every man and woman in the
Christian Pale according to their proportion; I mean the precepts concer<g ref="char:EOLhyphen"/>ning
the Sacraments and other rituals of Christianity. In order therefore
to these Evangelical concerns it is to be noted, That whatsoever concerns
every one by the nature of the thing, though it was at first directed per<g ref="char:EOLhyphen"/>sonally,
yet it is of universal obligation. Thus we understand all Chri<g ref="char:EOLhyphen"/>stians
that have the use of reason, that is, which are capable of laws, and
have capacities to doe an act of memory, and symbolical representment, to
be obliged to receive the Holy Communion: because although the pre<g ref="char:EOLhyphen"/>cept
of [<hi>Doe this,</hi> &amp; <hi>Drink this</hi>] was personally directed to the Apostles,
yet there is nothing in the nature of the Communion that appropriates the
rite to Ecclesiasticks; but the Apostle explicates it as obliging all Chri<g ref="char:EOLhyphen"/>stians,
and it was ever so understood, and practic'd accordingly: all are
equally concerned in the death of Christ, and therefore in the commemo<g ref="char:EOLhyphen"/>ration
of it, and thanksgiving for it. Now thus farre is easy. But there
are some interests that pretend some of the words to be proper to Eccle<g ref="char:EOLhyphen"/>siasticks,
others common to the whole Church. I have already given ac<g ref="char:EOLhyphen"/>count
of the unreasonableness of the pretension in this Chapter<note n="*" place="margin">Rule 9. num. 7, 8, 9.</note>. But for
the present I shall observe, that there being in this whole institution the
greatest simplicity and unity of design that can be, the same form of
words, a single Sacrament, the same address, no difference in the sanction,
no variety or signs of variety in the appendages, in the parallel places, or
in any discourse concerning it, to suppose here a difference, will so intricate
this whole affair, that either men may imagine and dream of varieties when
they please, and be or not be obliged as they list; or else if there be a diffe<g ref="char:EOLhyphen"/>rence
intended in it by our Law-giver, it will be as good as none at all,
he having left no mark of the distinction, no shadow of different Comman<g ref="char:EOLhyphen"/>dements,
under several representations. If the Apostles were onely repre<g ref="char:EOLhyphen"/>sentatives
of the Ecclesiastical state when Christ said, [<hi>Drink ye all of this</hi>]
then so they were when Christ said, [<hi>This doe in remembrance of me:</hi>] the
consequent is this, that either all are bound to receive the Chalice, or none
but the Clergy are tied to eat the holy bread; for there is no difference in
the manner of the Commandement; and the precept hath not the head of
a man, and the arm of a tree, and the foot of a mountain, but it is uni<g ref="char:EOLhyphen"/>vocal,
and simple, and proper, and if there be any difference, it must be dis<g ref="char:EOLhyphen"/>covered
by some clear light from without: for there is nothing within of
difference, and yet without we have nothing but a bold affirmative.</p>
                     <p>
                        <pb n="544" facs="tcp:58903:301"/>
6. When the universal Church does suppose her self bound by any
preceptive words,<note place="margin">7.</note> though they were directed to particular persons, yet they
are to be understood to be of universal concernment. Now this relies not
onely upon the stock of proper probability, <hi>viz.</hi> that such a multitude
is the most competent interpreter of the difficulties in every Commande<g ref="char:EOLhyphen"/>ment;
but there is in the Church a publick and a holy Spirit, assisting her
to guide, and warranting us to follow the measures of holiness by which
she finds her self oblig'd. For besides that the questions of general pra<g ref="char:EOLhyphen"/>ctice
are sooner understood, as being like corn sown upon the furrow,
whereas questions of speculation are like metals in the heart of the earth,
hard to be found out, and harder to be drawn forth; besides this, no in<g ref="char:EOLhyphen"/>terest
but that of heaven and the love of God can incline the Catholick
Church to take upon her self the burden of a Commandement. If it were
to decline a burden, there might be the more suspicion, though the weight
of so great authority were sufficient to outweight any contrary probability;
but when she takes upon her the burden, and esteems her self obliged by a
Commandement given to the Apostles or to the Pharisees, or to any single
person among them, it is great necessity that enforces her, or great cha<g ref="char:EOLhyphen"/>rity
that invites her, or great prudence and caution for security that deter<g ref="char:EOLhyphen"/>mines
her, and therefore she is certainly to be followed. Upon this ac<g ref="char:EOLhyphen"/>count
we are determined in the foregoing instance: and because the Primi<g ref="char:EOLhyphen"/>tive
Catholick Church did suppose her self bound by the words of insti<g ref="char:EOLhyphen"/>tution
of the Chalice in the Blessed Sacrament, therefore we can safely con<g ref="char:EOLhyphen"/>clude
the Apostles to be representatives of the whole Church.<note place="margin">In Levit. qu. 57.</note> 
                        <hi>Ad bi<g ref="char:EOLhyphen"/>bendum
omnes exhortantur qui volunt habere vitam,</hi> saith S. <hi>Austin,</hi> All
are called upon to drink of the Chalice, if they mean to have life eternal.
For <hi>indignum dicit esse Domino qui aliter mysterium celebrat quam ab eo
traditum est,</hi>
                        <note place="margin">In 1 Cor. 11.</note> saith S. <hi>Ambrose;</hi> as Christ delivered it to the Apostles, so it
must be observed by all:<note place="margin">Rationale Di<g ref="char:EOLhyphen"/>vin. lib. 4. cap. 1.</note> and therefore <hi>Durandus</hi> affirms that <hi>all who were
present did every day communicate of the cup because all the Apostles did so, our
Lord saying, Drink ye all of this.</hi> For the Apostles were representatives, not
of the Clergy consecrating (for they then did not consecrate but commu<g ref="char:EOLhyphen"/>nicate)
but of all that should be present. <hi>Nam quae Domini sunt non sunt
hujus servi,</hi>
                        <note place="margin">In 1 Cor. 11. homil. 24.</note> 
                        <hi>non alterius, sed omnibus communia,</hi> saith S. <hi>Chrysostome,</hi> The
precept of our Lord belonged not to this servant, nor to another, but to
all. Now things that are of this nature, and thus represented, and thus
accepted, become laws even by the very acceptation: and as S. <hi>Paul</hi> said
of the Gentiles, that they <hi>having not the law become a law unto them<g ref="char:EOLhyphen"/>selves;</hi>
and our conscience is sometimes by meer opinion a strict and a se<g ref="char:EOLhyphen"/>vere
law-giver: when the Church accepts any precept as intended to her,
(if not directly, yet) collaterally and by reflexion it passes an obligation;
and then it will be scandalous to disagree in manners from the custome and
severe sentence of the Christians, and to dissent will be of evil report, and
therefore at no hand to be done.</p>
                     <p>7. When a precept is addressed to particular persons,<note place="margin">8.</note> and yet hath a
more full, useful, and illustrious understanding, if extended to the whole
Church, there it is to be presumed it was so intended; and those particu<g ref="char:EOLhyphen"/>lar
persons are representatives of the Church. S. <hi>Austin</hi> extends this
Rule beyond precepts, even to priviledges and favours; <hi>Quaedam dicun<g ref="char:EOLhyphen"/>tur
quae ad Apostolum Petrum propriè pertinere videantur, nec tamen habent
illustrem intellectum nisi cum referuntur ad Ecclesiam, cujus ille agnoscitur in
<pb n="545" facs="tcp:58903:301"/>
figura gestasse personam, propter primatum quem in discipulis habuit.</hi> Some
things are spoken which seem to relate particularly to the Apostle <hi>Peter,</hi>
but yet they are better understood when they are applied to the whole
Church. But this must needs be true in Commandements; for where
nothing hinders it, the Commandement is supposed to be incumbent up<g ref="char:EOLhyphen"/>on
us; and therefore when the Commandement is better understood, and
hath a more noble and illustrious sense, that is, promotes the interest of any
grace remarkably, there the particular address must mean a general obli<g ref="char:EOLhyphen"/>gation.</p>
                     <p>8. When any Commandement is personally addressed,<note place="margin">9.</note> and yet is in<g ref="char:EOLhyphen"/>forced
with the threatning of death eternal, that Commandement is of uni<g ref="char:EOLhyphen"/>versal
obligation. The reason is, because the Covenant of life and death is
the same with all men; and God is no respecter of persons, and therefore
deals alike with all: and upon this account, the words which our Blessed
Saviour spake to some few of the Jews upon occasion of the Galilean Mas<g ref="char:EOLhyphen"/>sacre,
and the ruine of the Tower of <hi>Siloam,</hi> had been a sufficient warning
and Commandement to all men, though besides those words there had
been in all the Scriptures of the New Testament no Commandement of
repentance. <hi>Except ye repent, ye shall all likewise perish</hi>] does mean that
all the world should repent for the avoiding of the final and severest <gap reason="illegible" resp="#TECH" extent="2 letters">
                           <desc>••</desc>
                        </gap>dge<g ref="char:EOLhyphen"/>ments
of God.</p>
                     <p>But this Rule is to be understood onely in Commandements that are
not relative to the differing states of men,<note place="margin">10.</note> but are of an absolute and inde<g ref="char:EOLhyphen"/>finite
nature. For where the Commandement is relative, and yet personally
addressed or represented, there that person is the representative, not of all
mankinde, but of that whole state and order. Thus when S. <hi>Paul</hi> said,
<hi>There is a necessity laid upon me, and woe is unto me, if I doe not preach the
Gospel,</hi> he was a representative of the whole order of the Cura<gap reason="illegible" resp="#TECH" extent="1 letter">
                           <desc>•</desc>
                        </gap>es of
Souls. But when he said, <hi>I press forward to the mark of the price of the high
calling,</hi> and <hi>if by any means I may comprehend,</hi> here he spake of his own
person what is the duty incumbent upon all Christians, and he was a repre<g ref="char:EOLhyphen"/>sentative
of the whole Church.</p>
                     <p>9. When any good action is personally recommended upon the pro<g ref="char:EOLhyphen"/>position
of reward,<note place="margin">11.</note> it does not always signify an universal Commandement;
but according as it was intended personally, so it signifies universally:
that is, if it was a counsel to the person in the first address, it is a counsel to
all men in the same circumstances; if it was a Commandement to one, it
was a Commandement to all. Thus when Christ said to the young man in
the Gospel, <hi>Goe and sell what thou hast, and give to the poor, and thou shalt
have treasure in heaven;</hi> here the precept or the counsel is propounded
under a promise: but because there is no threatning so much as implied,
whether it be a command or no cannot be known from these words, nor
from the appendant condition; because that which is not under command
may be excellently good, and therefore fit to be incouraged and invited
forward. But whether it was a precept or a counsel, that young man, though
alone spoken to, was not alone intended; because the thing to which he
was invited is an excellency and a spiritual worthiness in all men for ever
that can and will receive it.</p>
                  </div>
                  <div n="18" type="rule">
                     <pb n="546" facs="tcp:58903:302"/>
                     <head>RULE XVIII. Evangelical Lawes given to one concerning the
duty of another doe in that very relation con<g ref="char:EOLhyphen"/>cern
them both; but in differing degrees.</head>
                     <p>1. THis Rule I learn from S. <hi>Paul,</hi> and it is of good use in cases of Con<g ref="char:EOLhyphen"/>science
relating to some Evangelical lawes. [<hi>Obey them that have the
rule over you,</hi>
                        <note place="margin">
                           <gap reason="illegible" resp="#TECH" extent="1 span">
                              <desc>〈…〉</desc>
                           </gap>
                        </note> 
                        <hi>and be subject; for they watch for your Souls, as they which
must give an account: that they may doe it with joy, and not with grief; for
that is unprofitable for you.</hi>] Thus a Prelate or Curate of Souls is to take
care that his Cure be chast and charitable, just and temperate, religious
and orderly. He is bound that they be so, and they are more bound; but
each of them for their proportion: and the people are not onely bound
to God to be so, but they are bound to their Bishop and Priest that they
be so; and not onely God will exact it of them, but their Prelate must,
and they must give accounts of it to their <hi>superior,</hi> because he must to his
<hi>supreme;</hi> and if the people will not, they are not onely unchast or intem<g ref="char:EOLhyphen"/>perate
before God and their Bishop, but they are disobedient also. It is
necessary that infants be baptized; this I shall suppose here, because I
have in<note n="*" place="margin">Great Exemp. Disc. of Bapt. of Infants: Li<g ref="char:EOLhyphen"/>berty of Proph. Sect. 18. edit. in folio.</note> other places sufficiently (as I suppose) proved it. Upon this
supposition, if the inquiry be upon whom the necessity is incumbent, it
will be hard to say, upon Infants, because they are not capable of a law,
nor of obedience; and yet it is said to be necessary <hi>for them.</hi> If upon
their parents, then certainly it is not necessary to the Infants; because
if what is necessary be wanting, they for whom it is necessary shall suffer:
and therefore it will be impossible that the precept should belong
to others, and the punishment or evil in not obeying belong to the chil<g ref="char:EOLhyphen"/>dren;
that is, that the salvation of infants should depend upon the good
will or the diligence of any man whatsoever. Therefore if others be
bound, it is necessary that they bring them, but it will not be necessary
that they be brought; that is, they who doe not bring them, but not they
who are not brought shall suffer punishment. But therefore to answer this
case, this rule is useful: It is necessary that the Parents or the Church
should bring them to baptisme, and it is necessary that they be baptized;
and therefore both are bound, and the thing must not be omitted. The
Parents are bound at first, and the Children as soon as they can be bound;
so that the precept leans upon two shoulders: if the first omit their share
in their time, there is no evil consequent but what is upon themselves;
but when the children can chuse, and can come, they must supply their pa<g ref="char:EOLhyphen"/>rents
omission and provide for their own proper necessity. It is in this as in
provisions; at first they must be fed by the hand and care of others, and after<g ref="char:EOLhyphen"/>wards
by their own labour and provisions; but all the way they are under
a necessity and a natural law of being provided for. * When S. <hi>Paul</hi>
wrote to <hi>Timothy</hi> concerning the dispositions requir'd in those persons who
were to be Bishops, it will not be very easy to say, of whom the defect of
some of those conditions shall be requir'd. A Bishop must be the husband
of one wife, that is, he must not marry while his first wife lives, though she
<pb n="547" facs="tcp:58903:302"/>
be civilly dead, that is, whether divorc'd, or banished, or otherwise in sepa<g ref="char:EOLhyphen"/>ration.
But what if he be married to two wives at once? Many Christians
were so at first; many, I say, who were converted from Judaisme or Gen<g ref="char:EOLhyphen"/>tilisme,
and yet were not compelled to put away either. If a Bishop be
chosen that is a Polygamist, who sins? that is, who is obliged by this
precept? Is the Bishop that ordains him, or the Prince or people that
chuses him, or the Ecclesiastick himself that is so chosen? The answer to
this inquiry is by considering the nature of such a law, which the Italians
call <hi>il mandato volante,</hi> a flying or ambulatory Commandement, in which
the duty is divided, and several persons have several parts of the precept
incumbent on them. He that chuses and he that ordains him are bound for
their share, to take care that he be canonically capable; but he that is so
chosen is not bound to any thing but what is in his power; that is, he is
not oblig'd to put away her whom he hath legally married, and her whom
without sin he can lawfully retain: but because that which is without sin,
is not alwaies without reproach and obloquy, and that which may be inno<g ref="char:EOLhyphen"/>cent
may sometimes not be laudable, and of a Clergy-man more may be
requir'd then of another that is not so; they who call him to the office are
to take care of that, and he which is called is not charg'd with that. But
then though he be not burdened with that which is innocent and at present
out of his power, and such a person may be innocently chosen, when they
who chuse him are not innocent; yet when any thing of the will is ingre<g ref="char:EOLhyphen"/>dient
on his part, he must take care of that himself. He may be chosen,
but he must not <hi>ambire,</hi> not sue for it, nor thrust himself upon it; for here
begins his obligation: there can be no duty, but what is voluntary and
can be chosen; but when a man can chuse he can be oblig'd. I doe not
here dispute how far and in what cases this law does oblige; for of that I
am to give account in the chapter of Ecclesiastical Lawes: but the present
inquiry is, who are the persons concerned in the obligation. It was also
taken care that a Bishop should not be a <hi>Novice:</hi> and yet S. <hi>Timothy</hi> was
chosen a Bishop at the age of five and twenty years, and he was innocent,
because it was the act of others, who came off from their obligation upon
another account. But if he had desir'd it, or by power or fraction thrust
himself upon the Church with that Canonical insufficiency, he had
prevaricated the Canon Apostolical: for to so much of it he was
bound; but in what he was passive, he was not concerned, but others
were.</p>
                     <p>But this is to be limited in two particulars.<note place="margin">2.</note> 1. In what the Clerk is
passive he is not oblig'd; that is, in such matters and circumstances as are
extrinsecal to his office, and matter of ornament and decency. Thus if he
have been married to an infamous woman which he cannot now help; if
he be young, which he cannot at all help, but it will help it self in time;
if he have an evil and an unpleasant countenance, if he be deformed; for
these things and things of like nature, the chusers and ordainers are con<g ref="char:EOLhyphen"/>cerned;
but the Clerk may suffer himself to be chosen, the law notwith<g ref="char:EOLhyphen"/>standing.
But if the Canonical impediment be such as hinders him from
doing of his future duty, there he may not suffer himself to be chosen;
and if he be, he must refuse it. The reason of the difference is plain: be<g ref="char:EOLhyphen"/>cause
the Electors and Ordainers are concerned but till the Election is
past; but the Elected is concerned for ever after: therefore although
there may be many worthinesses in the person to be chosen to outweigh the
<pb n="548" facs="tcp:58903:303"/>
external insufficiency and incapacity, and if there be not, the Electors are
concerned, because it is their office and their act, and they can hinder it,
and therefore they onely are charg'd there; yet for ever after the Elected
is burden'd, and if he cannot doe this duty, he is a sinner all the way; <hi>he is
a Wolfe to the Revenue and a Butcher to the Flock.</hi>
                     </p>
                     <p>2. Though in matters of decency and ornament the person to be cho<g ref="char:EOLhyphen"/>sen
is not so obliged but that he may suffer himself to be chosen if he be
otherwise capable,<note place="margin">3.</note> because those things which are not in his power are not
in his duty, yet even for these things he also is oblig'd afterwards; and
he is bound not to doe that afterwards, which if it was done before, others
were obliged not to chuse him. If a person was divorced before and mar<g ref="char:EOLhyphen"/>ried
again, he may accept of a Bishoprick; but if he doe so afterwards, he
is guilty of the breach of the Commandement: for he must not goe back
to that door where he might not enter, but then he is wholly oblig'd; he
alone, because then it is his own act, and he alone can hinder it. I say he
must not goe back.</p>
                     <p>But if he be thrust back to that door,<note place="margin">4.</note> where if he had stood at first he
ought not to have been let in; he is no more oblig'd at last then at first:
he that does not govern his house well, and hath not his children in sub<g ref="char:EOLhyphen"/>jection,
may not (by the Apostles rule) be chosen; but when he is a Bi<g ref="char:EOLhyphen"/>shop,
and fals into the calamity of having evil and rebellious children, this
is no impediment to his office directly, and does not so much as indirectly
pass upon him any irregularity.</p>
                     <p>But then as to the rule it self,<note place="margin">5.</note> this instance is fit to explicate it. For
Parents are tied to rule their Children, Masters to govern their Servants;
but Children are also oblig'd to be governable, and Servants must be obe<g ref="char:EOLhyphen"/>dient.
For in relative duties every man must bear his own burden, and
observe his own share of the Commandement.</p>
                  </div>
                  <div n="19" type="rule">
                     <head>RULE XIX. Custome is no sufficient interpreter of the Lawes of
Jesus Christ.</head>
                     <p>TRuth <hi>and the</hi> Divine Commandements <hi>need no prescription,</hi>
                        <note place="margin">1.</note> 
                        <hi>but have an
intrinsick warrant, and a perpetual abode; but that which is warranted
by Custome, hath but an accidental obligation, and is of humane authority.
The Lawes of Christ are wrought to be the parents of Custome; but
Custome cannot introduce a divine law or obligation: our Customes ought
to be according to Christs Commandement; but from our Customes we
cannot conclude or inferre that this is the will or Commandement of Christ.
This Rule is</hi> Tertullians.<note place="margin">De Virgin. veland.</note> Veritati nemo praescribere potest, non spatium
temporum, non patrocinia personarum, non privilegium regionum. Ex his
enim fere conesutudo initium ab aliqua ignorantia vel simplicitate sortita, in
usum per successionem corroborata; &amp; ita adversus veritatem vindicatur.
Sed Dominus noster Christus Veritatem se, non Consuetudinem, cognominavit.
Quodcunque adversus veritatem sapit hoc erit haresis, etiam vetus consuetudo.
<pb n="549" facs="tcp:58903:303"/>
No man can prescribe to truth, <hi>that is, to any proposition or Commande<g ref="char:EOLhyphen"/>ment
Evangelical.</hi> For Customes most commonly begin from ignorance or
weakness, and in time get strength by use, till it prevail against right. But our
Lord Christ does not call himself Custome, but Truth. Whatsoever is against
Truth, though it be an old Custome, is Heresy, notwithstanding its long con<g ref="char:EOLhyphen"/>tinuance.</p>
                     <p>The purpose of this Rule is not to bar Custome from being of use in
the exposition of the sense of a law or doctrine.<note place="margin">2.</note> For when it is certain
that Christ gave the law, and it is uncertain what sense was intended to the
law, Custome is very useful in the interpretation; that is, the Customes
of the first and best Ages of the Church: and then the longer the Custome
did descend, still we have the more confidence, because we have all the
wise and good men of so many Ages concurring in the interpretation and
understanding of the law. Thus the Apostle gave the Church a Canon,
<hi>that we should in all things give thanks:</hi> the Custome of the Ancient
Church did in pursuance of this rule say a short prayer, and give thanks
at the lighting up of Candles. The history of it I have from S. <hi>Basil. Visum
est patribus nostris beneficium vespertini luminis non silentio suscipere,</hi>
                        <note place="margin">Cap. 29. de Spii. 9.</note> 
                        <hi>sed
statim ut apparuit gratias agere,</hi> They said grace for their light as well as
for their meat. This Custome was good; for it was but the particular in<g ref="char:EOLhyphen"/>stance
of a general duty.</p>
                     <p>But then Custome is to be allowed but as one Topick,<note place="margin">3.</note> n<gap reason="illegible" resp="#TECH" extent="2 letters">
                           <desc>••</desc>
                        </gap> as all: it is
the best argument when we have no better; but it is the most unartificial
of all arguments; and a competent reason to the contrary is much to be
preferred before a great and long prescribing Custome. Both these pro<g ref="char:EOLhyphen"/>positions
are severally affirm'd by the Fathers of the Church. The first
by S. <hi>Austin</hi> in his Epistle to <hi>Casulanus, In his rebus de quibus nihil certi
statuit Divina Scriptura, nobis populi Dei &amp; olim justi, statuta Majorum pro
lege tenenda sunt: &amp; sicut praevaricatores legum Divinarum, it a contem<g ref="char:EOLhyphen"/>ptores
consuetudinum Ecclesiasticarum coercendi sunt.</hi> The holy Catholick
Church is certainly guided by the Spirit of God, and therefore where the
question is concerning any thing that is not clear in Scripture, the Cu<g ref="char:EOLhyphen"/>stomes
of the Catholick Church are not to be despised; for it is to be
presum'd (where the contrary is not proved) that she piously endeavours,
and therefore is graciously assisted in the understanding of the will and
Commandements of her Lord: and in this sense, Custome is the best in<g ref="char:EOLhyphen"/>terpreter,
because there is no better, and no clearer light shining from any
Angle.</p>
                     <p>Custome can thus in cases of destitution of other Topics declare the
meaning of a law;<note place="margin">4.</note> but Custome of it self cannot be the interpreter of the
will of Christ, or a sufficient warrant of a law, or immediately bind the Con<g ref="char:EOLhyphen"/>science
as if it were a signification of the Divine pleasure: much less ought
it to be oppos'd to any words of Scripture or right reason and proper argu<g ref="char:EOLhyphen"/>ments
deriv'd from thence. And that is the other thing which I also said
is taught us by the Fathers of the Church.<note place="margin">Ad Juba<gap reason="illegible" resp="#TECH" extent="2 letters">
                              <desc>••</desc>
                           </gap>.</note> So S. <hi>Cyprian, Frustra quidam
qui ratione vincuntur consuetudinem nobis opponunt, quasi consuetudo major
sit veritate, aut non fuerit in Spiritualibus sequendum si melius fuerit à S.
Spiritu revelatum, In vain is custome oppos'd to reason, as if it were greater
then truth: Not Custome, but that which is best, is to be followed by Spiri<g ref="char:EOLhyphen"/>tual
<pb n="550" facs="tcp:58903:304"/>
persons, if any thing better then Custome be revealed by the Spirit
of God.</hi>
                     </p>
                     <p>All <hi>good Customes</hi> are good warranties and encouragements;<note place="margin">5.</note> but whe<g ref="char:EOLhyphen"/>ther
they be good or no is to be examin'd and prov'd by the Rule and by
the Commandement: and therefore the custome it self is but an ill indi<g ref="char:EOLhyphen"/>cation
of the Commandement; from whence it self is mark'd for good, or
else is to be rejected as reprobate and good for nothing. <hi>Consuetudo autho<g ref="char:EOLhyphen"/>ritati
cedat:</hi>
                        <note place="margin">
                           <gap reason="illegible" resp="#TECH" extent="1 span">
                              <desc>〈…〉</desc>
                           </gap>
                        </note> 
                        <hi>pravum usum lex &amp; ratio vincat: cum verò nec sacris canonibus
nec humanis legibus consuetudo obviare monstratur, inconcussa servanda est,</hi>
said <hi>Isidore, Let custome yeeld to authority, to law and to reason; but when
it agrees with the laws of God and of man, let it be kept inviolate.</hi>
                     </p>
                     <p>
                        <hi>When Custome is consonant to some other instrument of probation,</hi>
                        <note place="margin">6.</note>
                        <hi>when it is apparently pious, and reasonable, and of the analogy of faith, it
is an excellent corroborative and defensative of truth, and warrant to the
conscience; but when it stands alone, or hath an ill aspect upon other more
reasonable and effective ways of perswasion, it is very suspicious and very
dangerous, and is commonly a very ill sign of an ill cause, or of corrupted
manners.</hi>
                        <note place="margin">Hist. compend. fere in initio, pag. 25.</note> Cedrenus <hi>tells that</hi> the Patriarch Abraham was wont to say that
there is great difference between truth and custome; <hi>that</hi> being very hard to
be found, <hi>this,</hi> whether good or bad, being obvious to every eye: and which is
worse, by following custome a man gets no comfort if it be in the right, and
no great shame if it be in the wrong, because he relies not upon his own reason,
but the judgement of old men that liv'd long agoe, who whether they judged
wisely or foolishly must appear by some other way: but this he will finde, that it
will be very hard to leave it, though it be never so foolish and ridiculous.</p>
                     <p>Of what obligation in matters of practice,<note place="margin">7.</note> and of what perswasion in
the inquiries of truth Ecclesiastical Customes are to be esteem'd, I shall af<g ref="char:EOLhyphen"/>terwards
discourse when I treat of Ecclesiastical Laws: but that which I
would perswade for the present is, that the Customes and usages of the
world are but an ill Commentary on the Commandements of our Blessed
Lord.</p>
                     <p>1. <hi>Because evil is crept into most of the manners of men;</hi>
                        <note place="margin">8.</note> 
                        <hi>and then a
custome is most likely to transmit her authority to that which ought to be
destroyed.</hi> Inter causas malorum nostrorum, quod vivimus ad exempla, nec
ratione componimur, sed consuetudine abducimur. Quod si pauci facerent, no<g ref="char:EOLhyphen"/>lumus
imitari: quum plures facere coeperunt, quasi honestius sit quia frequen<g ref="char:EOLhyphen"/>tius,
sequimur, &amp; recti apud nos locum tenet error, ubi publicus factus est.
<hi>So</hi> Seneca <hi>complain'd.</hi>
                        <note place="margin">Epist. 58.</note> It is one great cause of our mischiefs, that we are not
led by truth, but led away by custome; as if a thing were the honester because
it is frequent; and error becomes truth when it is common and publick. <hi>Ex<g ref="char:EOLhyphen"/>cellent
therefore was that saying of Pope</hi> Nicolas <hi>the first,</hi> Parvus nume<g ref="char:EOLhyphen"/>rus
non obest ubi pietas abundat: magnus non prodest ubi impietas regnat,
If right and Religion be on our side, the smalness of our company is nothing:
but a multitude cannot justify impiety.</p>
                     <p>2. Custome in moral practices becomes law to men by pressing upon
their modesty,<note place="margin">9.</note> and by outfacing truth and piety; so that unless the cu<g ref="char:EOLhyphen"/>stome
have warranty from the law, it hath the same effect against a law as
<pb n="551" facs="tcp:58903:304"/>
for it; and therefore in such cases is at no hand to be trusted, but at every
hand to be suspected, lest it make it necessary that men become vicious.
The customes of the German and neighbour Nations so expound the laws
of Christ concerning temperance, that if by their measures it be defined, it
looks so like intemperance, as milk to milk; and the common customes
of the world expound all the laws of the Blessed Jesus so as to be truly ob<g ref="char:EOLhyphen"/>ligatory
at no time but in the danger, or in the article of death: but cer<g ref="char:EOLhyphen"/>tainly
it is but an ill gloss that evacuates all the holy purposes of the Com<g ref="char:EOLhyphen"/>mandement;
and at the day of Judgement, when we shall see numberless
numbers of the damned hurried to their sad sufferings, it will be but an ill
apology to say, I did as all the world almost besides me, by whose customes
I understood the laws of the Gospel to a sense of ease and gentleness, and
not by the severity of a few morose Preachers. <hi>Poggius</hi> tells of a Neapo<g ref="char:EOLhyphen"/>litan
Shepherd, that against <hi>Easter</hi> going to Confession, he told his Con<g ref="char:EOLhyphen"/>fessor
with a tender conscience and great sorrow of heart that he had bro<g ref="char:EOLhyphen"/>ken
the holy Fast of Lent, by chance indeed, but yet with some little plea<g ref="char:EOLhyphen"/>sure;
for when he was pressing of a new Cheese, some of the whey start
from the vessel and leap'd into his mouth, and so went into his stomack.
The Priest smiling a little at the phantastick conscience of the man, ask'd
him if he was guilty of nothing else. The Shepherd saying, he knew of
nothing else that did or ought to trouble him; his Confessor knowing
the customes of those people upon the Mountains of <hi>Naples,</hi> ask'd him if
he had never robb'd or kill'd any strangers passengers. O yes, replied the
Shepherd, I have often been at that imploiment; but that we doe every
day, and always did so, and I hope that is no sin: but the cheese, the for<g ref="char:EOLhyphen"/>bidden
cheese stuck in his stomack, because every one did abominate such
meat upon fasting-days: onely the custome of killing and stealing had
hardned his heart and forehead till it was not perceiv'd.
<q>
                           <l>—dedit haec contagio labem,<note place="margin">Juven. Sat. 2.</note>
                           </l>
                           <l>Et dabit in plures: sicut grex totus in agris</l>
                           <l>Unius scabie cadit, &amp; porrigine porci,</l>
                           <l>Uváque conspecta livorem ducit ab uva.</l>
                        </q>
                     </p>
                     <p>Evil manners begin from one evil man,<note place="margin">10.</note> or from one weak or vicious
principle, and pass on to custome, and then to be vertuous is singularity,
and it is full of envy; and concerning the customes of the world it is ten
to one if there be not some foulness in them. The advice therefore of
S. <hi>Cyprian</hi> is a good <hi>compendium</hi> of this enquiry.<note place="margin">Ad Pomp<gap reason="illegible" resp="#TECH" extent="2 letters">
                              <desc>••</desc>
                           </gap>,</note> 
                        <hi>Consuetudo quae apud
quosdam irrepserat, impedire non debet quo minus veritas praevaleat &amp; vin<g ref="char:EOLhyphen"/>eat;
nam consuetudo sine veritate vetustas erroris est: propter quod relicto er<g ref="char:EOLhyphen"/>rore
sequamur veritatem; scientes quod veritas vincit, veritas valet &amp; in<g ref="char:EOLhyphen"/>valescit
in aeternum, &amp; vivit &amp; obtinet in secula seculorum.</hi> Custome ought
not to prevail against any truth; but Truth which is eternal will live and
prevail for ever and ever. Custome without truth is but a prescription of
falshood and irregularity.</p>
                     <p>
                        <hi>Question.</hi>
                     </p>
                     <p>Upon occasion of this argument it is seasonable,<note place="margin">11.</note> and of it self a very useful
inquiry, Whether the Customes of Jews and Gentiles, or indefinitely of many
Nations, be a just presumption that the thing so practic'd is agreeable to the
law of Nature, or is any ways to be supposed to be consonant to the will of God.</p>
                     <p>
                        <pb n="552" facs="tcp:58903:305"/>
Answer.</p>
                     <p>12. To this,<note place="margin">12.</note> some of eminence in the Church of <hi>Rome</hi> answer affirmative<g ref="char:EOLhyphen"/>ly;
and are so farre from blushing, that many of their rites are derived
from the customes of Heathens, that they own it as a thing reasonable, and
prudent, and pious, according to the doctrine and practice of <hi>Gregory</hi> sur<g ref="char:EOLhyphen"/>named
<hi>Thaumaturgus,</hi>
                        <note place="margin">Orat. de vita S. Gregor. Thaum.</note> who (as S. <hi>Gregory Nyssen</hi> reports) that he might
allure the common people to the love of Christianity, gave way that those
dances and solemne sports which they celebrated to the honour of their
idols should be still retain'd,<note place="margin">Annal. A. D. 44. § 88. &amp; A. D. 58. §§. 76, 77. &amp; in Mar<g ref="char:EOLhyphen"/>tyrol. <gap reason="illegible" resp="#TECH" extent="1 letter">
                              <desc>•</desc>
                           </gap>ebr. 2.</note> but diverted to the honour of the Saints de<g ref="char:EOLhyphen"/>parted:
and <hi>Baronius</hi> supposes it to be no other then as the Israelites ta<g ref="char:EOLhyphen"/>king
of the silver and brass from the AEgyptians, and imploying it in the
service of the Tabernacle. And in particular, the custome of burning
candles to the honour of the Virgin <hi>Mary</hi> he imputes to the same principle,
and owns it to be of Heathenish extraction. The same also is in divers
other instances avowed by<note n="a" place="margin">De inventor. rerum lib. 5. cap. 2.</note> 
                        <hi>Polydore Virgil;</hi> by <hi>Fauchet</hi>
                        <note n="b" place="margin">Lib. 2. cap. 9. &amp; lib. 5. de ori<g ref="char:EOLhyphen"/>gin. dignit. Gall. cap. 17.</note> in his Books of
the Antiquities of <hi>France;</hi> by <hi>du Choul,</hi>
                        <note n="c" place="margin">Lib. de religi<g ref="char:EOLhyphen"/>one Romano<g ref="char:EOLhyphen"/>rum in fine.</note> 
                        <hi>Blondus</hi>
                        <note n="d" place="margin">In lib. 1. &amp; 2. de Roma tri<g ref="char:EOLhyphen"/>umphante.</note> and <hi>Bellarmine,</hi>
                        <note n="e" place="margin">Lib. 1. de pur<g ref="char:EOLhyphen"/>gatorio cap. 7. §. Tertia ratio.</note> who
brings this as an argument for the doctrine of Purgatory, because the Jews,
the Turks, and the Heathens did believe something of it; it being very
likely, that what almost all Nations consent in, derives from the natural
light of reason which is common to all men: and upon this very thing
<hi>Cardinal Perron</hi>
                        <note n="f" place="margin">Adv. Regem Jacobum in prima instan<g ref="char:EOLhyphen"/>tia cap. 1.</note> boasts in the behalf of the Service in an unknown tongue;
that not onely the Greeks, and many other Christian Churches, but even
all Religions, the Persians and the Turks use it.</p>
                     <p>This pretence therefore is fit to be considered.</p>
                     <p>1. Therefore I answer, That it is true that the Primitive Church
did sometimes retain some ceremonies which the Heathens us'd; but they
were such ceremonies which had no relation to doctrine,<note place="margin">13.</note> but might be
made apt for order and decent ministeries external. Such were the gar<g ref="char:EOLhyphen"/>ments
of the Priests, lights, girdles, fasts, vigils, processions, postures, fe<g ref="char:EOLhyphen"/>stivals
and the like: and they did it for good reason and with good effect;
that the people who were most of all amused with exteriour usages, find<g ref="char:EOLhyphen"/>ing
many of their own customes adopted into Christianity, might with less
prejudice attend to the doctrines of that perswasion which so readily com<g ref="char:EOLhyphen"/>plied
in their common ceremonies. This did well enough at first, and
was a prudent imitation of the practice of our great Master, who that
the Jews might the easier pass under his discipline and institution, made
the passage as short, and the difference as little as could be; for since he
would retain but two external ministeries in his whole institution, he took
those rites to which the Jews had been accustomed; onely he made their
Baptisms Sacramental and effective of great purposes, and some of the Pas<g ref="char:EOLhyphen"/>chal
rites he consecrated into highest mystery; retaining apparent foot<g ref="char:EOLhyphen"/>steps,
or rather bodies of their Government and Discipline Ecclesiastical.
And this proceeding we find own'd and justified by S. <hi>Austin</hi> against <hi>Fau<g ref="char:EOLhyphen"/>stus</hi>
the Manichee, and S. <hi>Hierome</hi> against <hi>Vigilantius,</hi> and <hi>Ephraim Syrus</hi>
of old; and of later times by<note n="a" place="margin">De divinis Offic.</note> 
                        <hi>Alcuinus,</hi>
                        <note n="b" place="margin">De offic. Ec<g ref="char:EOLhyphen"/>cles.</note> 
                        <hi>Amalarius,</hi> and by<note n="c" place="margin">De consecrat.</note> 
                        <hi>Gratian;</hi>
and who please to see it more largely pleaded for may read <hi>Mutius Pansa</hi>
his <hi>Osculum Christianae &amp; Ethnicae philosophiae,</hi> and <hi>Nicolaus Mont-Georgius
de Mosaico jure enucleando:</hi> and that it may be reasonable from the servi<g ref="char:EOLhyphen"/>ces
of such men from whom we justly abhorre to borrow some usages, is
excellently discours'd of by Mr. <hi>Hooker</hi> in his fourth Book of Ecclesi<g ref="char:EOLhyphen"/>astical
Polity.</p>
                     <p>
                        <pb n="553" facs="tcp:58903:305"/>
But however this might fit the necessities and circumstances of the
infant ages of the Church,<note place="margin">14.</note> yet they ought not to be done easily, but ever
with very great caution. For though it serv'd a present turn, yet it made
Christian Religion less simple and less pure; but by becoming a miscellany
it became worse and worse. It was or might be at the first a <hi>complying with
the infirmities of the weak,</hi> a pursuance of S. <hi>Pauls</hi> advice so to doe; but
when these weak persons are sufficiently instructed in the Religion,
and that to dissent is not infirmity, but peevishness and pride, or wil<g ref="char:EOLhyphen"/>fulness,
all compliance and condescension is no longer charity, but gives
confidence to their error. For when the reasonable discourses of the Reli<g ref="char:EOLhyphen"/>gion
will not satisfy the supposed weak brother, he that complies with
him confesses his the better way; and when learned men follow the igno<g ref="char:EOLhyphen"/>rant
to superstition, they will no longer call it compliance and condescen<g ref="char:EOLhyphen"/>sion,
but duty, and necessity, and approbation. A good man will goe a
little out of his road to reduce the wandring traveller; but if he will not
return, it will be an unreasonable compliance to goe along with him to the
end of his wandring. And where there is any such danger (as in most ca<g ref="char:EOLhyphen"/>ses
it is) we have the example of God himself and his Commandement
expresly given to the children of <hi>Israel,</hi> that they should abstain from all
communion with the Gentiles their neighbours even in things indifferent;<note place="margin">Deuter. 7. 5. &amp; 12. 4</note>
and that they should destroy the very monuments and rituals, and the
very materials of their Religion, lest by such a little compliance they be too
farre tempted. And thus also they did sometime in the Primitive Church;
for <hi>Tertullian,</hi> because the Gentiles us'd in the services of their idols to sit
down immediately after they had prayed,<note place="margin">De orat. cap. 12</note> would not have the Christians
doe so, though the ceremony of it self was wholly indifferent. And when
many Christian Churches had taken some Gentile ceremonies into their
<hi>Christmas</hi> solemnity, being occasioned by the Circumcision of Christ fal<g ref="char:EOLhyphen"/>ling
on the Calends of <hi>January,</hi> or New-years day, they were not onely
forbidden in the Council of <hi>Auxerre,</hi>
                        <note place="margin">Concil. Antis<g ref="char:EOLhyphen"/>odor. c. 1.</note> but the Church did particularly ap<g ref="char:EOLhyphen"/>point
private Letanies, processions, and austerities to be used for three days
within the twelve of <hi>Christmas, ad calcandam Gentilium consuetudinem,</hi> to
destroy and countermine the superstitious customes of the Heathen, which
by the compliance and fondness of some Christians had dishonoured the
excellency and innocency of the <hi>Christmas</hi> festivity; as we finde noted by
the Fathers of the Synod of <hi>Turi.</hi>
                        <note place="margin">Concil. Tu<g ref="char:EOLhyphen"/>ron. 2. Can. 13.</note> Sometimes there had been reason to
retain these things: but when in the days of Persecution some weak-hearted
Christians did shelter themselves under the cover of such symbo<g ref="char:EOLhyphen"/>lical
ceremonies, and escap'd the confession of Christianity by doing some
things of like custome, or when the folly and levity of Christians by these
instruments pass'd on to vanity or superstition, then the Church with care
did forbid the retaining of Heathenish customes, which had been innocent
but for such accidents. In these things the Church may use her liberty,
so that <hi>all things be done to edification.</hi>
                     </p>
                     <p>2. But if the customes and rites be such as are founded upon any
point of doctrine,<note place="margin">15.</note> whatsoever it be that derives from Pagan customes must
also be imputed to their doctrines; and then to follow their customes,
will be also to mingle the Religions, to blend <hi>light and darkness,</hi> and to <hi>joyn
Christ with Belial.</hi> It had been a material objection which <hi>Faustus</hi> the
<hi>Manichee</hi> made against the Catholicks, that they did remove the worship
from idols, and give it to Saints and Martyrs. S. <hi>Austin,</hi> who was to answer
<pb n="554" facs="tcp:58903:306"/>
the Objection, could not justify, but did deny the fact, as to that instance
and some few others: for the custome of the Nations in such cases was no
argument, but an objection. From these premisses it will appear to be but
a weak pretence to say, that if many Nations and Religions agree in such
a ceremony, or such an opinion, it will be suppos'd to come from the light
of Nature. For there are not many propositions in all which Nature can
teach; and we should know but a very few things, if we did not goe to
School to God, to Tutors, to experience, and to necessity. This pretence
would not onely establish Purgatory, but the worship of Images, and the
multitude of gods, and idololatrical services, and very many superstitions,
and trifling observances, and confidences in dreams, and the sacrifice of
beasts, and many things more then can well become or combine with Chri<g ref="char:EOLhyphen"/>stianity.
When not onely some Nations but all agree in a proposition, it
is a good corroborative, a good second to our perswasions, but not a prin<g ref="char:EOLhyphen"/>cipal;
it gives <hi>advantage,</hi> but not <hi>establishment, ornament,</hi> but not <hi>founda<g ref="char:EOLhyphen"/>tion</hi>
to a truth: which thing if it had been better observed by the Christi<g ref="char:EOLhyphen"/>ans
who from the Schools of <hi>Plato, Chrysippus, Aristotle</hi> and <hi>Epicurus</hi> came
into the Schools of <hi>Christ,</hi> or from the Temples of <hi>Jupiter</hi> and <hi>Apollo</hi> into
the services of the <hi>Church,</hi> Christianity had been more pure and unmingled
then at this day we finde it. The ceremony of sprinkling Holy-water was
a Heathenish rite, us'd in the sanctifications and lustrations of the Capitol,
as <hi>Alexander ab Alexandro</hi> relates: but because this is not a ceremony of
order or circumstance, but pretends to some real effect, and derives not
from Christ or his Apostles, but from the Gentiles, and relies upon the
doctrine of the effect of such ceremonies, it is not justifiable. Burning
candles by dead bodies was innocent and useful to them that atten<g ref="char:EOLhyphen"/>ded
in the Vigils before interrement; but when they took this from the
custome of the Heathens, who thought those lights useful to the departed
souls, they gave a demonstration by the event of things that they did not
doe well: for the Christians also deriv'd a superstitious opinion along with
the ceremony, and began to think that those lights did entertain the souls
in those cemeteries; and this produc'd the decree of the Council of <hi>Eli<g ref="char:EOLhyphen"/>beris,</hi>
that wax candles should not be burnt in the day time,<note place="margin">Can. 34.</note> 
                        <hi>lest the spirits
of the dead be disturb'd.</hi> Now when any false principle is in the entry of
the ceremony, or attends upon it, or any superstition be in the progress or
in the end of it, any scandal, or any danger, such customes are not at all
to be followed, such rituals are not to be imitated or transcribed: that is,
No Custome is a warranty for any evil.</p>
                  </div>
                  <div n="20" type="rule">
                     <head>RULE XX. The measure of perfection and obedience expected
of Christians, is greater then that of the Jews,
even in moral duties common to them and us.</head>
                     <p>IT matters not whether Christs law have in it more precepts then were
in the law of <hi>Moses:</hi>
                        <note place="margin">1.</note> our work is set before us, and we are not concer<g ref="char:EOLhyphen"/>ned
how much they had to doe; and in most of the instances which are,
or are said to be new Commandements, it may also be said of them as it
<pb n="555" facs="tcp:58903:306"/>
was by the Apostle concerning Charity, <hi>This is a new Commandement,</hi> and
<hi>this is an old Commandement;</hi> there being, at least in most instances, an
obligation upon them to doe what was of it self good and perfective of
humane nature, and an imitation of the Eternal law of God, a conformity
to the Divine perfections. This is true as to the material part: but then be<g ref="char:EOLhyphen"/>cause
that which was an <hi>old Commandement</hi> is also made a <hi>new Comman<g ref="char:EOLhyphen"/>dement,</hi>
and <hi>established upon better promises,</hi> and endeared by new instances
of an infinite love, and we our selves are enabled by many more excellent
Graces, and the promise of the Holy Spirit is made to all that ask him;
it is infinitely reasonable to think, that because this new Commandement
superadds nothing new in the matter, it must introduce something new at
least in the manner, or measure of our obedience.</p>
                     <p>They and we are both of us to pray;<note place="margin">2.</note> but we are commanded to pray
<hi>fervently,</hi> frequently, <hi>continually.</hi> They were to be charitable, and so are we:
but they were tied to be so to their friends and to their neighbours, but we
to our enemies; and though in some instances they were tied to be so,
yet we are bound in more; more men are our Neighbours, and more are
our Brethren, and more is our duty. They were to doe them no hurt; but
we must doe them good. They were to forgive upon submission and re<g ref="char:EOLhyphen"/>pentance;
but we must invite them to repentance, and we must offer par<g ref="char:EOLhyphen"/>don.
They were to give bread to their needy Brother; but we are in some
cases to give him our lives. They were to love God <hi>with all their Souls,
and with all their strength:</hi> and though we cannot doe more then <hi>this,</hi> yet
we can doe more then <hi>they</hi> did; for our strengths are more, our understan<g ref="char:EOLhyphen"/>dings
are better instructed, our shield is stronger, and our breast-plate
broader, and our armour of righteousness is of more proof then theirs was.
<hi>Dares</hi> and <hi>Entellus</hi> did both contend with all their strength; but because
<hi>Entellus</hi> had much more then the other, he was the better champion.</p>
                     <p>1. This Rule does principally concern <hi>Christian Churches</hi> and Com<g ref="char:EOLhyphen"/>munities
of men;<note place="margin">3.</note> that their lawes be more holy, that the condition of the
Subjects be more tolerable, that warres be not so easily commenc'd,
that they be with more gentleness acted, that the lawes of Christ be in<g ref="char:EOLhyphen"/>forc'd,
that malefactors be not permitted, that vice be more discouraged,
that nothing dishonourable to Religion be permitted, that the Kingdome
of Christ in all capacities be advanced, that his Ministers be honour'd and
maintain'd according to the excellency of the present Ministery and the re<g ref="char:EOLhyphen"/>lation
to Christs Priesthood, that the publick and honorary Monuments
of it be preserv'd, and vertue properly encouraged, and great publick care
taken for the advantageous Ministery of Souls, which are the proper pur<g ref="char:EOLhyphen"/>chase
of our Redeemer, that in all things Christ may be honour'd by us
more then <hi>Moses</hi> was by them, and that God through Jesus Christ be more
glorified then he was in the Levitical government.</p>
                     <p>2. This also concerns <hi>single persons;</hi>
                        <note place="margin">4.</note> that they certainly abstain from
all those imperfections of duty which were either permitted in the Law, or
introduc'd by the commentaries of their Doctors, or inferr'd by the general
declination of their first piety, and the corruption of manners. The Jewes
would not take usury of a needy Jew, but of a needy stranger they would:
but we must consider them with a more equal eye; we must be charitable
to all; for to a Christian no man that needs and asks him is a stranger,
<pb n="556" facs="tcp:58903:307"/>
The Jewes had great liberty of divorces indulg'd to them; a Christian
hath not the same: but in that in which he is permitted, he is not to be too
forward.</p>
                     <p>3. In matters of duty a Christian is to expound his obligation to the
advantage of piety,<note place="margin">5.</note> to security of obedience, to the ease of his Brother,
and the pressing upon himself; that whatever be the event of his tem<g ref="char:EOLhyphen"/>poral
affairs, he secure his Spiritual interest, and secure justice though
to the loss of his money, and in all doubts determine for duty rather then
for interest: the Jewes went not beyond the letter of the Commandement.</p>
                     <p>4. In <hi>the interior acts of vertue</hi> a Christian is to be more zealous,<note place="margin">6.</note>
forward, operative and busy, frequent and fervent; he must converse
with God by a more renewed entercourse, give himself no limits, alwaies
striving to goe forward, designing to himself no measure but infinite in
the imitation of the perfections of God, and the excellencies of his most
Holy Son.</p>
                     <p>5. In <hi>the exteriour acts of vertue</hi> Christians must according to their
proportion be asham'd to be outdone by Jewes,<note place="margin">7.</note> not onely in what they
did in obedience, but also in what they in good and prudent zeal for the law
of <hi>Moses</hi> did expend or act. I say, what they did act in good and prudent
zeal for their Law. Thus they adorn'd their Temple, freely gave contri<g ref="char:EOLhyphen"/>butions
for it's support and ornament, lov'd all of their perswasion, endea<g ref="char:EOLhyphen"/>vour'd
to get proselytes; and therefore are in these things not onely to be
imitated, but to be outdone, because all this was a prudent and zealous
prosecution of their duty. But when in zeal they did not onely love their
own Sect, but hate and persecute and were uncivil to all of another per<g ref="char:EOLhyphen"/>swasion,
this was <hi>Zeal</hi> indeed; but it was folly too and a work of the
flesh, and therefore not to be imitated by Christians who are the servants
of the Spirit.</p>
                     <p>6. Where Christians are <hi>left to their liberty</hi> in those instances in which
the Jewes were bound,<note place="margin">8.</note> Christians ought <hi>freely</hi> to doe as much as they did
<hi>by constraint</hi> and <hi>by necessity:</hi> for then properly we doe more then they, when
we voluntarily chuse what was impos'd on them: it is not <hi>more work,</hi> but
it is <hi>more love.</hi> Thus the Jewes were bound to pay tiths to the <hi>Levites;</hi>
we are commanded to maintain them honourably: but because tiths is not
in the Commandement to us, we ought to supply the want of a Command
by the abundance of love, and in this there is no abatement to be made but
by what did concern the nation in some special relation, necessity or pro<g ref="char:EOLhyphen"/>priety.
God was pleas'd to make the more ample provision for the tribe
of <hi>Levi,</hi> because they had no inheritance amongst their brethren; they had
no portion in the division of the land. Now because the Christian Clergy
have a capacity of lands and other provisions, there is not all the same
reason in the quantity of their appartiment as was in the assignation of the
Levitical portion. Now when any such thing can intervene and enter into
consideration, it must be allowed for in the proportions of increase which
are demanded of the Christian. The Jewes gave great contribution to the
Temple; but it was but one, and therefore it is not to be expected that
every Christian Church in such a multitude should be adorn'd and rich like
the Temple of Jerusalem.</p>
                     <p>
                        <pb n="557" facs="tcp:58903:307"/>
7. Where Jewes and <hi>Christians are equally left to their liberty,</hi>
                        <note place="margin">9.</note> it is infi<g ref="char:EOLhyphen"/>nitely
reasonable &amp; agreeable to the excellency of the Religion, that Christi<g ref="char:EOLhyphen"/>ans
should exceed the Jewes. Thus we find that at the erecting of the Taber<g ref="char:EOLhyphen"/>nacle
the Jewes brought silver and gold and other materials till they had too
much, and the people were commanded to cease and bring no more. Now
when an occasion as great in it self and more proportionable to the religion
calls upon us for an offering and voluntary contribution, if the instance be in a
matter as proportionable to the Gospel as that was to the law of <hi>Moses,</hi> the
excellency of the religion and the dignity of the work and the degree of
our grace and love require of us to be more ready and more liberal in equal
proportions.</p>
                     <p>8. In those graces which are proper to the Gospel,<note place="margin">10.</note> that is, such which
are the peculiar of Christians, literally and plainly exacted of us, and but
obscurely insinuated, or collaterally and by the consequence of something
else required of them, it cannot be but that the obedience which we owe
should be more ready, the actions more frequent, the degrees more intense;
because every advantage in the Commandement hath no other end but to
be an advance of our duty; and what was obscurely commanded can be
but dully paid; while the Christians duty must be brisk and potent and
voluntary and early and forward and intense, in proportion to greater
mercies receiv'd, to a better law, to a more determin'd conscience to a
clearer revelation, to more terrible threatnings, and to the better promises
of the Gospel: all which are so many conjugations of aide, and instances
of a mighty grace. And therefore Christians are to be more humble, more
patient, more charitable, more bountiful, greater despisers of the world,
greater Lords over all their passions, then the Jewes were oblig'd to be
by the consequences of their law.</p>
                     <p>9. When this comes to be reduc'd to practice in any particular in<g ref="char:EOLhyphen"/>quiry
of Conscience,<note place="margin">11.</note> every Christian is not to measure his actions by pro<g ref="char:EOLhyphen"/>portion
to the best, and the rare persons under the Mosaick law, in their best
and heroick actions. For who can doe more then <hi>David</hi> did after he had
procured the waters of <hi>Bethlehem</hi> to cool his intolerable thirst, but to deny
his appetite, and refuse to drink the price of blood? who can doe more
then he did and would have done toward the building of the Temple? who
can give better testimony of duty to his Prince then he did to <hi>Saul?</hi> who
can with more valour and confidence fight the battels of the Lord? who
can with more care provide for the service of God, and the beauty and
orderly ministeries of the Tabernacle? who can with more devotion com<g ref="char:EOLhyphen"/>pose
and sing hymnes to the honour of God? In these and such as these
<hi>David</hi> was exemplary; and so was <hi>Moses</hi> for meekness, and <hi>Job</hi> for pati<g ref="char:EOLhyphen"/>ence,
and <hi>Manasses</hi> for repentance, and <hi>Abraham</hi> for faith, and <hi>Jacob</hi> for
simplicity and ingenuity, and <hi>Enoch</hi> for devotion: these in their several
periods before and under the Law were the great lights of their Ages, and set
in eminent places to invite, forward the remiss piety of others, alluring
them by the beauty of their flames to walk in their light and by their ex<g ref="char:EOLhyphen"/>ample.
And it is well if Christians would doe as well as these rare per<g ref="char:EOLhyphen"/>sonages
in their several instances. But as some women are wiser then some
men; and yet men are the more understanding Sex, and have the prero<g ref="char:EOLhyphen"/>gative
of reason and of government: so though some persons of the old
religions were better then many of the new (of the religion of Jesus Christ)
<pb n="558" facs="tcp:58903:308"/>
yet the advantage and the increase must be in the Christian Church,
which must produce some persons as exemplary in many graces as any of
these hath been in any one.</p>
                     <p>10. But then as to single persons;<note place="margin">12.</note> 1. Every man must observe
those increases of duty which our Blessed Saviour either by way of new
Sanction, or new interpretation, superadded to the old, in the Sermon
upon the Mount.</p>
                     <p>2. Every man must doe in proportion to all the aides of the Spirit
which the Gospel ministers, all that he can doe: which proportion if he
observes, it will of it self amount to more then the usual rate of <hi>Moses</hi> law,
because he hath more aides.</p>
                     <p>3. He must be infinitely remov'd from those sins to which they were
propense, and which made God to remove them out of his sight; such
as were idolatry, the admitting of strange Gods, infidelity, obstinacy,
hypocrisy, and sensual low appetites: because these were the crimes of an
ignorant uninstructed people in respect of what the Christian is; and for
a Christian to be an idolater, or easily divorc'd, or incredulous, as they
were, is therefore the more intolerable, because it is almost remov'd from
his possibilities; he can scarce be tempted to such things who knowes any
thing of the doctrine of the Gospel.</p>
                     <p>4. There is no other <hi>positive measures</hi> of his duty, but that which can
have no measure it self, and that is <hi>love;</hi> and a Christian must therefore ex<g ref="char:EOLhyphen"/>ceed
the righteousness of the Subjects of <hi>Moses</hi> law, because they must doe
all their works in faith and love: <hi>in faith,</hi> to make them accepted, though
they be imperfect; <hi>in love,</hi> to make them as perfect as they can be. Now
he that loves will think every thing too little; and he that thinks so will
endeavour to doe more, and to doe it better: and Christians that have
greater experience of God, and understand the nature of Charity, and doe
all of them explicitely and articulately long after the glories of an Eter<g ref="char:EOLhyphen"/>nal
love, and know that all increase of grace is a proceeding towards glory,
need no other argument to inforce the duty, and no other measure to de<g ref="char:EOLhyphen"/>scribe
the duty of this Rule, but to reflect upon the state of his religion,
the Commandements, the endearments, the aids, the example, the means:
all which are well summ'd up by S. <hi>John,</hi>
                        <note place="margin">1 Joh. 3. 2, 3.</note> 
                        <hi>Beloved, we are the sons of God,
and it does not yet appear what we shall be; but we know that when he shall
appear, we shall be like him; for we shall see him as he is: And every man that
hath this hope, purifieth himself as God is pure.</hi> That is, we are for the pre<g ref="char:EOLhyphen"/>sent
children of God by adoption, seal'd with his Spirit, renewed by rege<g ref="char:EOLhyphen"/>neration,
justified by his grace, and invited forward by most glorious
promises, greater then we can understand. Now he that considers this
state of things, and hopes for that state of blessings, will proceed in duty
and love toward the perfections of God, never giving over till he partake
of the purities of God and his utmost glories.</p>
                     <p>I adde no more but this, That in the measures of the practice of this
Rule there is no difficulty, but what is made by the careless lives of Chri<g ref="char:EOLhyphen"/>stians
and their lazy and unholy principles. At the rate as Christians usu<g ref="char:EOLhyphen"/>ally
doe live, it is hard to know how and in what instances and in what de<g ref="char:EOLhyphen"/>grees
our obedience ought to be more humble and more diligent then that
of <hi>Moses</hi> disciples. But they that love, will doe the thing, and so under<g ref="char:EOLhyphen"/>stand
the Rule. <hi>Obedite, &amp; intelligetis, Obey, and ye shall understand.</hi>
                     </p>
                     <p>
                        <pb n="559" facs="tcp:58903:308" rendition="simple:additions"/>
Concerning the interpretation of the Laws of the most Holy Jesus, I
know of no other material consideration here to be inserted.
Onely there are several pretences of exterior and accidental means
of understanding the Laws of Christ, which because they are de<g ref="char:EOLhyphen"/>riv'd
from the authority or from the discourses of men, they are
more properly to be considered in the Rules concerning Humane
Laws, which is the subject of the next Book, where the Reader
may expect them.</p>
                  </div>
               </div>
               <trailer>The end of the Second Book.</trailer>
            </div>
         </div>
         <div n="2" type="volume">
            <div type="title_page">
               <pb facs="tcp:58903:309"/>
               <p>
                  <hi>DVCTOR DVBITANTIVM,</hi>
OR
The Rule of Conscience
In all her generall measures;
Serving as a great Instrument for the determination of
CASES of CONSCIENCE.</p>
               <p>The Second Volume,
By JEREMY TAYLOR, D. D.</p>
               <q>
                  <bibl>Romans 13. 5.</bibl>
                  <p>
                     <gap reason="foreign">
                        <desc>〈 in non-Latin alphabet 〉</desc>
                     </gap>
                  </p>
               </q>
               <p>Ecce agnus Dei gui tollit peccata Mundi</p>
               <p>LONDON,
printed for R Roiston at Y<hi rend="sup">e</hi> Angell
<hi>in Iuy Iane.</hi> 1660.</p>
            </div>
            <div n="3" type="book">
               <div type="title_page">
                  <pb facs="tcp:58903:310"/>
                  <pb facs="tcp:58903:310"/>
                  <p>OF
HUMANE LAWS,
THEIR
OBLIGATION,
AND
RELAXATION:
AND OF
The collateral, indirect, and accidental Bands
of CONSCIENCE.</p>
                  <p>The Third BOOK.</p>
                  <p>LONDON;
Printed by <hi>J. Flesher</hi> for <hi>R. Royston.</hi> 1660.
<pb facs="tcp:58903:311"/>
                     <pb facs="tcp:58903:311"/>
                     <gap reason="duplicate" extent="1 page">
                        <desc>〈1 page duplicate〉</desc>
                     </gap>
                  </p>
               </div>
               <div n="1" type="chapter">
                  <pb facs="tcp:58903:312"/>
                  <pb n="3" facs="tcp:58903:312"/>
                  <head>CHAP. I. Of Humane Laws in general; and what Obligation they
pass upon the Conscience.</head>
                  <div n="1" type="rule">
                     <head>RULE I. The Conscience is properly and directly, actively
and passively, under pains of sin and punishment,
obliged to obey the Laws of men.</head>
                     <p>
                        <seg rend="decorInit">T</seg>HAT the Laws of God and Man are the great mea<g ref="char:EOLhyphen"/>sures
of right &amp; wrong,<note place="margin">1.</note> of good and evil, of that which
is to be followed and what is to be avoided in man<g ref="char:EOLhyphen"/>ners
of men, and the entercourses of societies, is infi<g ref="char:EOLhyphen"/>nitely
certain and universally confess'd. Since there<g ref="char:EOLhyphen"/>fore
Humane Laws are one moiety of the Rule and
measure of Conscience, and that we are bound to obey
our lawful Superiours in what they command, it is
naturally consequent to this, that we acknowledge the conscience boun<gap reason="illegible" resp="#TECH" extent="1 letter">
                           <desc>•</desc>
                        </gap>,
and that in Humane Laws as well as in Divine, though according to their
several proportions, the conscience ought to be instructed. And indeed
there is more need of <hi>Preachers</hi> in the matter of Divine Laws, and more
need of <hi>wise and prudent Guides</hi> in the matter of Humane Laws. For the
Laws of God are wiser and plainer, few and lasting, general and natural, per<g ref="char:EOLhyphen"/>ceiv'd
by necessity, and understood by the easiest notices of things; and
therefore men have more need to be call'd upon to obey, then taught how;
and therefore here the <hi>Preachers</hi> office is most necessary and most requir'd.
But Humane Laws are sometime intricate by weakness, sometimes by de<g ref="char:EOLhyphen"/>sign,
sometimes by an unavoidable necessity; they are contingent, and
remov'd farre from the experiences of most men; they are many and par<g ref="char:EOLhyphen"/>ticular,
difficult and transient, various in their provisions, and alterable by
many parts and many ways: and yet because the conscience is all the way
oblig'd, she hath greater need of being conducted then in the other, where
every wise man can better be a guide in the little intrigues, and every child
can walk in the plain way.</p>
                     <p>But our first inquiry is,<note place="margin">2.</note> Whether the conscience be oblig'd or no. For
if <hi>Conscience</hi> be not, then nothing is concerned but <hi>Prudence,</hi> and care that
a man be safe from the rods and axes: but then the world would quickly
find that fear would be but a weak defence to her Laws; which force, or
wit, or custome, or riches would so much enervate, or so often evacuate.
And therefore the greatest Case of Conscience in this whole matter is,
Whether it be a matter of <hi>Conscience</hi> as well as of <hi>Prudence</hi> and security to
obey the Laws of Man. And this question is so dubious and unresolv'd,
that <hi>Cajetan</hi> and <hi>Henricus de Gandavs</hi> did suppose it fit to be determin'd
<pb n="4" facs="tcp:58903:313"/>
by the Pope in <hi>Cathedra,</hi> as thinking it otherwise to be indeterminable.
The reasons of doubting are these;</p>
                     <p>1. Because God onely is Lord of Consciences,<note place="margin">3.</note> he onely can discern
the secret that is there, and he onely can punish there; and therefore to
suppose any band upon conscience from Humane Laws, would be to devest
God of his royalty: none but he who is <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap> the searcher of the
heart and mind of man can give laws to it; for none else can take cogni<g ref="char:EOLhyphen"/>sance,
or give a compulsory.</p>
                     <p>2. The Conscience is seated in the understanding (as I have already<note place="margin">4.</note>
prov'd,)<note place="margin">Lib. 1. Rule. 1.</note> but that is an imperious faculty that acknowledges no superiour
but God; because he onely being infallible, he onely can instruct and in<g ref="char:EOLhyphen"/>form
it rightly, none else can have power over it. For the understanding
hath a proper way of being rul'd. The will is rul'd by Empire, but the un<g ref="char:EOLhyphen"/>derstanding
by doctrine; that is govern'd by command, this by argument;
the will by power, the understanding by truth: now because God onely is
truth, and every man a liar, God onely can rule the understanding, which
is the Court of Conscience.</p>
                     <p>3. To submit the conscience to any law or power of man,<note place="margin">5.</note> is to betray
our Christian liberty: For Christ having set us free from all the bondage
even of that Law which God himself made and gave to <hi>Moses,</hi> he having
alleviated the burden of rites and ceremonies, and left the Jews at liberty
to be governed as they pleas'd themselves, would not take off the laws of
God to impose upon us the laws of Men; and there is no such thing
as Christian liberty but a freedome from the law of <hi>Moses,</hi> and the law
of carnal ordinances, and the laws of men; for that which the Preachers
speak of, a liberty from sin, and from hell, and the grave, 1. This is ra<g ref="char:EOLhyphen"/>ther
a deliverance then a liberty, a rescue from an evil of another nature,
not a state of freedome and ease. 2. As many men have order'd their
Theology, we are so farre from having a liberty from sin, that they have
left us nothing else but a liberty to sin: and indeed we have no liberty or
freedome from sin as long as we are alive, but we are always in warre and
contention, which is worse then death; and so many men are always captive
under sin, and all men doe so often obey it, (and <hi>his servants we are to
whom we doe obey</hi>) that we have little reason to boast of Christian liberty
in that sense. 3. S. <hi>Paul</hi> using the word <hi>liberty,</hi> and speaking of the
advantages of Christians in this, instances it onely in being freed from those
ordinances of <hi>Moses,</hi> and the impositions which some Philosophers or
some sects of men would bring upon the conscience. 4. Liberty from sin,
or Christian liberty in this sense is nothing but a tropical expression, a me<g ref="char:EOLhyphen"/>taphor
and similitude, and therefore is not that real priviledge by which
we were materially advantag'd upon the publication of the Gospel of
Christ. The result of which considerations is, That all Christians are free
men, servants of Christ, and of none else, it being an express Comman<g ref="char:EOLhyphen"/>dement,
and that strengthned with a reason,<note place="margin">1 Cor. 7. 23.</note> 
                        <hi>Ye are bought with a price, be
ye not the servants of men;</hi> which at least must be understood of Consci<g ref="char:EOLhyphen"/>ence,
and the mind of men.</p>
                     <p>4. For granting it to be lawful for men to make Laws,<note place="margin">6.</note> yet that these
Laws cannot bind the conscience it appears plainly in this; that whatever
<pb n="5" facs="tcp:58903:313"/>
Laws of the Church are made concerning any rite or ceremony, let it be
never so necessary or fitting that they be obeyed, yet the things doe not
become intrinsecally necessary, and therefore are not to be thought so,
lest, expresly against the Commandement of our Blessed Saviour, we <hi>teach
for doctrines the commandements of men.</hi> To keep Holidays may be very
good, so that we observe them to the Lord; but he that thinks it neces<g ref="char:EOLhyphen"/>sary
and a direct duty, wrongs his own conscience: which demonstrates
that Conscience is free when every thing else is bound. You may fast when
you are commanded by your Superiour, but you must not think that fast<g ref="char:EOLhyphen"/>ing
is a part of the Divine Service; that is, though man commands fast<g ref="char:EOLhyphen"/>ing,
yet God does not: and then if man of himself does binde the consci<g ref="char:EOLhyphen"/>ence,
he hath a power equal to God, and can make Divine Commande<g ref="char:EOLhyphen"/>ments:
but if man cannot doe so, then the conscience is free, and not tied
by humane Laws.</p>
                     <p>5. If humane Laws doe binde the conscience,<note place="margin">7.</note> then it is put into the
power of man to save or damne his brother; not directly, but upon the
consequence of his obedience or disobedience, which is all that is done by
the Laws of God; and men shall have power to make more ways to the
Devil, to make the strait way to heaven yet straiter, and the way to hell,
which is already broad enough, yet wider and more receptive of miserable
and perishing souls.</p>
                     <p>6. Christ is the Author and finisher of our faith,<note place="margin">8.</note> and so of every
grace: that is, he onely can give it, and he onely can take it away. Since
therefore that which makes a sin, destroys the grace, no humane authority
can make an action to be a sin; because no humane power can dispose of
grace or take it away.</p>
                     <p>7. In the instance of civil power and civil Laws the case is more cer<g ref="char:EOLhyphen"/>tain,<note place="margin">9.</note>
for this reason; because the civil power cannot remit sins, therefore
neither can they bind to sin: and from hence it will follow, that supposing
Ecclesiastical Laws doe bind the conscience, yet the civil cannot. But
then as for the Ecclesiastical power and Laws, they also are as invalid upon
another account, because the Church having no external compulsory, can
onely bind in those things where God hath already bound; and therefore
can make no Laws of her own, but what are already made by a higher
power, and consequently cannot bind to sin, but there where the conscience
is already bound by God. And if the Church should inflict her censures
for any thing that were not of it self a sin against God, as for not paying
the fees of the Spiritual Court, for a poor mans working for his living
upon a Holiday, the world would cry out of her; which shews, that where
God hath not bound the conscience, neither the Ecclesiastical nor the civil
power can.</p>
                     <p>8. If humane Laws doe directly bind the conscience, then it is as great
a sin to transgress a law of man, as to break a law of God; with our bare
foot to touch the ground within the Octaves of <hi>Easter,</hi> as to call our brother
fool; to eat flesh on <hi>Friday</hi> as great as to commit fornication: which con<g ref="char:EOLhyphen"/>sequent
because it is intolerable, so also is the opinion that inferres it. The
conclusion is, In Christ Jesus there is neither high nor low; that is, Chri<g ref="char:EOLhyphen"/>stian
Religion hath no hand in this Heraldry of <hi>Secundum, sub, &amp; supra;</hi>
but whatsoever difference of person, of order, and of Government is
<pb n="6" facs="tcp:58903:314"/>
amongst us, is by agreement: it is, as S. <hi>Peter</hi> calls it, <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>, <hi>the
ordinance of man;</hi> and for mans sake it is to be obeyed: but the consci<g ref="char:EOLhyphen"/>ence
is still at liberty where onely the commandement of man does inter<g ref="char:EOLhyphen"/>vene.</p>
                     <p>This opinion is taught by <hi>Fernandus Vasquius</hi> a Spaniard,<note place="margin">10.</note> and he
affirms that all the Gentlemen and common people of <hi>Spain</hi> (the Scholars
onely excepted) are of this opinion: it was also taught by some of the
Scholars of <hi>Calvin,</hi> and some <hi>Lutherans,</hi> by all the Anabaptists of <hi>Germany</hi>
of late; and that upon the strength of the first, the third and fourth argu<g ref="char:EOLhyphen"/>ment;
and formerly by <hi>Jacobus Almain,</hi> and <hi>John Gerson,</hi> by <hi>Felinus,
Cajetan,</hi> and <hi>Navarre,</hi> but they mean onely the civil Laws of Princes, upon
the confidence of the sixth and something of the seventh argument; all
which I have thrust forward as farre as the nature of the question would
bear, and added some more: which I have done, not that these arguments
ought to prevail, but that by the examination of them this great question
may have right done it, by being rightly stated, and fully cleared.</p>
                     <p>First therefore to the main inquiry;<note place="margin">11.</note> it is certain as an article of faith,
as necessary as any other rule of manners, that every Subject is bound to
obey the just Laws of his lawful Superiour, not onely under fear of punish<g ref="char:EOLhyphen"/>ment
from man, but under pain of the Divine displeasure. 1. Because the
power by which men make Laws is the power of God:<note place="margin">Prov. 8. 15.</note> 
                        <hi>By me Kings reign,
and the Law-givers decree justice,</hi> says the Wisdome of God; that is, the
Son of God, the Wisdome of the Father, to whom he hath given all power
in heaven and earth, he it is by whom, that is, by whose power and wis<g ref="char:EOLhyphen"/>dome,
Kings reign. For this is the wisdome, <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>, <hi>which
God possessed from the beginning.</hi> The Lxx reads it <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>, <hi>creavit, which
God created from the beginning;</hi> and this word the Arrians make use of to
their evil purposes, but very weakly and against the faith of the original,
where it is <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap> 
                        <hi>Kanan possedit.</hi> This eternal Son of God, and the Wis<g ref="char:EOLhyphen"/>dome
of the Father, the King of Kings and the Lord of lords, is the ori<g ref="char:EOLhyphen"/>ginal
of all humane power, and this is nothing but a derivative from him.
<hi>For power is given you of the Lord,</hi>
                        <note place="margin">Wisdom 6. 3, 4.</note> 
                        <hi>and Soveraignty from the Highest;</hi> and
<hi>ye are ministers of his Kingdome.</hi>
                        <note place="margin">Rom. 13. 1, 2.</note> And S. <hi>Paul</hi> expresly and dogmatically
affirms, <hi>There is no power but from God: the powers that be, are ordained of
God. Whosoever therefore resisteth the power, resisteth the ordinance of God.</hi>
So that the Legislative or supreme power is not the servant of the people,
but the Minister, the Trustee and Representative of God. 2. The power
of the Sword is onely from God; for since no man is Lord of his own life,
no man hath power to kill himself, neither hath he power to warrant any
man else to doe it; for what he may not doe himself, he cannot commis<g ref="char:EOLhyphen"/>sion
and impower any one else to doe. <hi>Vindicta mea,</hi> saith God, <hi>Vengeance
is mine, I will repay:</hi> and it is Gods sword with which the Magistrate
strikes; and therefore Kings and Potentates are <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>, and <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>,
<hi>Gods deputies and ministring officials, in his name
to be the avengers of his wrath:</hi>
                        <note place="margin">John 19. 11.</note> and as Christ said to <hi>Pilate, Thou couldest
have no power unless it were given thee from above,</hi> may be said to all just
humanes Powers, It is given them from above, not from beneath, from
God, not from the people. The consequent of which is this, If it be God
that strikes and pays vengeance by the hand of the Magistrate, then it is
God who is offended when the law of the Magistrate is violated; for who<g ref="char:EOLhyphen"/>ever
strikes is the party injured; and the Magistrate being Gods Mini<g ref="char:EOLhyphen"/>ster,
<pb n="7" facs="tcp:58903:314"/>
as he is the less principal in the justice done, so also in the injustice
suffered. <hi>Dixit Deus quia Dii estis,</hi> It is <hi>God</hi> who <hi>hath said</hi> to the Magi<g ref="char:EOLhyphen"/>strates
that <hi>they are Gods;</hi> that is, in the place of God: by his authority
they strike, and he is the injured person: and therefore he who is so smit<g ref="char:EOLhyphen"/>ten
by the sword of God, is a sinner against God, for he punishes none
else. <hi>Patet culpa, ubi non latet poena.</hi> If God punishes, it is certain man
hath sinn'd, said S.<note n="a" place="margin">L. 2. retract. c. 9. &amp; ep. 105. ad Sixtum.</note> 
                        <hi>Austin,</hi> and S.<note n="b" place="margin">Cap. 20. lib. contr. collato<g ref="char:EOLhyphen"/>rem.</note> 
                        <hi>Prosper.</hi> The one is the indication
of the other.</p>
                     <p>But the thing is expresly affirmed by the Scripture;<note place="margin">12.</note> for having dog<g ref="char:EOLhyphen"/>matically
and fully signified that all humane just power is <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>,
they being the several expres<g ref="char:EOLhyphen"/>sions
of <hi>Solomon</hi> according to the Lxx, and of S. <hi>Paul</hi> in his own words,
it is not content to leave us to find out the consequence of these, but lite<g ref="char:EOLhyphen"/>rally
affirms the main articles.<note place="margin">1 Pet. 2. 13.</note> So S. <hi>Peter, Be ye subject to every ordinance
of man,</hi>
                        <note place="margin">Rom. 13. 5.</note> 
                        <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap> 
                        <hi>for the Lords sake;</hi> which S. <hi>Paul</hi> speaks yet more
explicitely, <hi>Wherefore it is necessary that ye be subject, not onely for wrath, but
also for conscience sake. Sicut Christo, as to Christ, so be obedient to your Ma<g ref="char:EOLhyphen"/>sters,</hi>
or <hi>temporal Lords;</hi> so the same Apostle: that is, by the same neces<g ref="char:EOLhyphen"/>sity,
for the same reason, to avoid the same punishment, to have the same
reward, and by the force of the same Religion, and that you may not pre<g ref="char:EOLhyphen"/>varicate
the laws of God, or doe violence to your conscience. Nothing
can adde light to these so clear words, they are bright as the Sun, certain
as an article of faith, clear, easy and intelligible, according to the nature of
universal Divine Commandements. S.<note n="c" place="margin">In Rom. 13.</note> 
                        <hi>Chrysostom</hi> and <hi>
                           <note n="c" place="margin">In Rom. 13.</note>Theodoret</hi> urging
these precepts, say, that we are not to obey out of courtesie, but of duty;
not out of liberality, but necessity; that is, according to S.<note n="c" place="margin">In Rom. 13.</note> 
                        <hi>Ambrose</hi> and
S. <hi>Austin,</hi> the fearful pains of hell and eternal damnation attend them
that disobey.<note n="d" place="margin">Ep. 54. ad Ma<g ref="char:EOLhyphen"/>ced. Vide etiam S. Hieron. in c. 3. ad Titum.</note>
                     </p>
                     <p>And this whole matter is infinitely demonstrated in this one considera<g ref="char:EOLhyphen"/>tion:
The Laws of man doe so certainly bind the conscience, that they
have a power of limiting and declaring, and making the particulars to be<g ref="char:EOLhyphen"/>come
the Laws of God. For though the Divine Law forbids murder, yet
the Law of man declares concerning the particular, that it is, or it is not
murder, and by such declaration, by such leave or prohibition respectively
makes it so. In <hi>Spain</hi> if a wronged husband or father kill the deprehen<g ref="char:EOLhyphen"/>ded
adulteress, it is no murder; in <hi>England</hi> it is. For in <hi>Spain</hi> the husband
or father is permitted to be Executioner, where notoreity is declared to
be sufficient conviction: here they are not trusted with it; and the Judge
and the Executioner are persons vastly remov'd. If a Law<note n="e" place="margin">Cap. placuit 16. q. 6. &amp; in l. extat. ff. quod metus causa.</note> forbids me
to take my own goods from a Thief, it is theft to doe it, but it is no theft
if the Law permits<note n="f" place="margin">Gl. in cap. Jus gentium dist. 2. verbo Sedium. Capp. 1, 2, 23. q. 2. l. ait prae<g ref="char:EOLhyphen"/>tor. §. si debi<g ref="char:EOLhyphen"/>torem. ff. de his quae in fraud, Creditorum.</note>. It is incest for the Uncle to marry with his Niece:
it is so where the Laws have made it so, but it is not so of it self, for it was
not so always. Since therefore humane Laws can constitute an action in
the habitude of a Divine Law, it is beyond all question, it does oblige the
conscience.</p>
                     <p>2. This obligation is pass'd upon the conscience,<note place="margin">13.</note> and there is this ne<g ref="char:EOLhyphen"/>cessity
of obeying: not onely in case humane Laws be first given by God
<hi>in thesi,</hi> or <hi>in hypothesi,</hi> that is, in words or in sense, in direct affirmation
or just consequence, in substance or in analogy; but though the matter of
the Law be in its own nature wholly indifferent before the sanction and con<g ref="char:EOLhyphen"/>stitution.
<pb n="8" facs="tcp:58903:315"/>
The first conclusion I intended against the <hi>Anabaptist,</hi> and this
second against <hi>Gerson, Almain,</hi> and the dissenting Sectaries: and of the
truth of it we have an instance in the person of S. <hi>Paul,</hi> who by his Apo<g ref="char:EOLhyphen"/>stolical
authority gave an injunction which hath ever since been an Eccle<g ref="char:EOLhyphen"/>siastical
Canon; and yet he alone and not the Lord gave the word, <hi>That a
believing wife or husband should not depart from their unbelieving</hi> correla<g ref="char:EOLhyphen"/>tive,<note place="margin">1 Cor. 7. 12.</note>
if he or she respectively desir'd to stay. It was a matter in which
Christ had not at all interpos'd, but S. <hi>Paul</hi> made it a law to the Christian
Churches; and whoever shall prevaricate it shall bear his burden. And
indeed it were a vain thing to suppose that all humane Laws were derived
from the law of Nature, or the Divine positive; or that those which were
not so derived could not be good and reasonable, and that the authority
binding them were incompetent. For whatsoever is derived from the law
of God cannot by men admit variety, nor suffer diminution, or goe into
desuetude, or be extinguish'd by abrogation: and then it would follow
that no King could command any thing but what was necessary before he
commanded it; and nothing could be a law to the Persians, but what also
did oblige the Greeks; and nothing could bind in the 125 <hi>Olympiad,</hi> but
what was decreed before the days of <hi>Semiramis;</hi> and there were no law but
those of the Medes and Persians; and there could be no provisions made
for new necessities, and the Government of Commonwealths could never
be improved by experience, and all Law-givers were as wise at first as ever
they could be. All which are such foolish consequences, that it must
be granted, that whatever humane Power can justly ordain, or prudently,
or necessarily, or probably, all that is bound upon the conscience of the
Subject certainly and to all events as the Laws of God himself. And
therefore <hi>Plato</hi> said well, <hi>That before the Law is made, men may judge of it,
but after the sanction, not at all:</hi> that is, it is so indifferent in its nature,
that it is fit to be considered and disputed; but when it is made a Law,
there remains nothing but a necessary obedience. And to the same pur<g ref="char:EOLhyphen"/>pose
<hi>Aristotle</hi> largely discourses;<note place="margin">Lib. 5. Ethic. cap. 7.</note> for when he had divided the civil Law,
<gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>, into <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>, the <hi>natural</hi> and the <hi>constituted,</hi> he
says, <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>,
The Law that is not natural, but decreed by man, <hi>in the beginning
it matters not whether it be made or no; but after it is made, it is a great
matter whether it be kept or no.</hi> But this whole affair is put beyond all
scruple by the words of the Apostle, <hi>Obey your Masters, not onely the good
and gentle, but the</hi> morose and <hi>harsh;</hi> that is, not onely if what he com<g ref="char:EOLhyphen"/>mands
be in it self good and fitting, but if it be troublesome, and uneasy,
and unnecessary; any thing, so it be not unlawful: for every thing that
God hath not forbidden, can be bound upon conscience by a lawful Supe<g ref="char:EOLhyphen"/>riour.
Either therefore all humane Laws are nothing else but commenta<g ref="char:EOLhyphen"/>ries
on Scripture or the natural Law, or else are wholly unnecessary, as
being nothing but repetitions of the Divine laws: and there can be no new
law made; or if there can, it must bind the conscience: for all other
things bind the conscience by themselves, and without humane constitu<g ref="char:EOLhyphen"/>tion.
If therefore any humane constitution, as such, can bind the consci<g ref="char:EOLhyphen"/>ence,
it must be of such instances which either are derivatives from the law
of Nature, or of things which before the law did not bind at all, that is, of
things which in their own nature are indifferent.</p>
                     <p>3.<note place="margin">14.</note> That humane Laws bind the conscience does not depend upon
<pb n="9" facs="tcp:58903:315"/>
the intention of the law-giver; for when the arrow is shot out of the bow,
it will hit or miss by its own force and order, not by the intention of the
Archer: and no law-giver can make a law with a purpose not to oblige the
conscience. In the reign of Queen <hi>Elizabeth</hi> this question was much talk'd
of, and little understood; and some discontented Recusants under the Go<g ref="char:EOLhyphen"/>vernment
of the Church of <hi>England</hi> had so talk'd the lawes themselves
out of countenance, that the legislative power durst scarce own the proper
obligation of an Ecclesiastical, or of a law relating to any thing of religion;
insomuch that when the wisdome of the state thought fit to confirm the
ancient lawes of Ecclesiastical fasts, they superadded this proviso, That if
any one should affirm that these lawes were intended to bind the Consci<g ref="char:EOLhyphen"/>ence,
he should be punish'd like the spreaders of false newes: and the <hi>jeju<g ref="char:EOLhyphen"/>nium
Cecilianum,</hi> the <hi>Wednesday fast,</hi> was made without such obligation.
Now this is plainly to them that understand it, a direct artifice to evacuate
the whole law: for a law that is made without intention to bind the con<g ref="char:EOLhyphen"/>science
is no law at all; for besides that it is a plain giving leave to any
man to break it that can doe it without observation, or can bribe the offi<g ref="char:EOLhyphen"/>cers,
or is bigger then the informers, or not easy to be punish'd, or that
dwels alone, or that is himself a Minister of the law, besides this, I say, it
is directly no law at all. For all humane power being deriv'd from God,
and bound upon our consciences by his power, not by man, he that saies
it shall not bind the Conscience, saies it shall be no law, it shall have no
authority from God; and then it hath none at all: and if it be not tied upon
the Conscience, then to break it is no sin, and then to keep it is no duty:
so that a law without such an intention is a contradiction; it is a law which
binds onely if we please, and we may obey when we have a mind to it;
and to so much we were tied before the constitution. ** But then if by
such a declaration it was meant that to keep such fasting-daies was no part
of a direct Commandement of God, that is, God had not requir'd them by
himself immediately, and so it was (abstracting from that law) no duty
Evangelical, it had been below the wisdome of the contrivers of it; for no
man pretends it, no man saies it, no man thinks it: and they might as well
have declar'd that that law was none of the ten Commandements.</p>
                     <p>4. Though Humane lawes doe not bind the Conscience by the inten<g ref="char:EOLhyphen"/>tion
of the law-giver,<note place="margin">15.</note> but by the command of God, yet God does bind the
law upon the Conscience according to the intention of the power that
decrees it. For though a Father cannot command his Son to doe a lawful
and fitting service, and by his intention make that the disobedient Son shall
not sin against God, because he cannot make disobedience to be no sin<g ref="char:punc">▪</g>
yet by intending less obligation in the law, he makes the crime imputable
in a less degree; that is, the authority is the less despis'd, there is less evil
consequent, the mischief is small, the inconvenience little. * And there<g ref="char:EOLhyphen"/>fore
the Doctors of the Canon law doe to very little purpose trouble this
question with inquiries after signs, when the intention of the Law-giver is
to bind to Mortal, when to Venial sins. For besides that the distinction it
self is trifling according to their understanding of it (of which I have given
a large account in a Discourse on purpose) and besides that the commands
of Heathen Parents,<note place="margin">Unum necessa<g ref="char:EOLhyphen"/>rium Chap. 3. p. 101.</note> and Masters, and Princes who knew nothing of that
distinction (if it had been right) did nevertheless bind their Subjects to obe<g ref="char:EOLhyphen"/>dience
under pain of sin; besides these, I say, the law-giver does not at all
make it a sin, or no sin: he onely intends it should be kept, and to that pur<g ref="char:EOLhyphen"/>pose
<pb n="10" facs="tcp:58903:316"/>
binds it with penalties, and consequently and indirectly binds the
Conscience: but God binds the Conscience <hi>properly</hi> and <hi>directly;</hi> for the
law is Divine in respect of the power and authority, but Humane in
respect of the matter and the instance: and that is the meaning of these
words put into the Rule. The conscience of man is by Gods law <hi>properly
and directly</hi> bound to obey the lawes of Men; not indirectly and by the
consequence of some other duty, but by a Commandement and the pur<g ref="char:EOLhyphen"/>posed
solemn declaration of his will in this affair. But this I shall more
fully explicate in my answer to the opposite arguments. Now because al<g ref="char:EOLhyphen"/>though
the law-givers intention does not directly make the disobedience
to be sin or no sin, yet because indirectly it hath influence upon the action
and the conscience of the subject, it is useful that I set down the Rules and
Measures of the difference; and how we may guess (for it can be no more)
at the distinct obligations which from the diversities of humane lawes are
passed upon the Conscience.</p>
                     <p>
                        <hi>Rules of distinction, or the measures by which we shall prudently conjecture
at the gravity or lessening of the sin of disobedience to Humane Lawes.</hi>
                     </p>
                     <p>1. He that breaks a law which is established upon great penalties,<note place="margin">16.</note>
commits a great sin. Because it is regularly to be presumed that the su<g ref="char:EOLhyphen"/>preme
power puts much upon it, when he is so earnest for its observation.
<hi>Rem quae culpâ caret, in damnum vocari non convenit,</hi> saith the Law, <hi>Cap.</hi> 2.
<hi>de constit. If there be no fault there ought to be no punishment;</hi> they are rela<g ref="char:EOLhyphen"/>tives,
and correspond also in their very degree.<note place="margin">Lib. 2. de Bap<g ref="char:EOLhyphen"/>tis. c. 6.</note> 
                        <hi>Quis dubitaverit hoc esse
sceleratius commissum quod est gravius vindicatum?</hi> saith S. <hi>Austin,</hi> If the
punishment was more grievous, the wickedness also was the more intole<g ref="char:EOLhyphen"/>rable:
<hi>ut juxta mensuram delicti sit &amp; plagarum modus:</hi> that's the measure
of punitive justice, <hi>that the number of the stripes be according to the mea<g ref="char:EOLhyphen"/>sure
of the iniquity.</hi> And concerning those things where there is any
doubt, the Subject is not to judge whether the law be very necessary or
no; but to judge concerning the intention and mind of the Superior, and
whether he thinks it very necessary: For he knowes best, and by his know<g ref="char:EOLhyphen"/>ledg
and his authority is the most competent Judge. This Rule hath no
exception, unless it be evident that the punishment is impos'd for terror,
and to affright men from doing that for which it is not very fit they should
be severely punish'd: as if a Prince should under pain of death forbid the
hunting of a hare; the greatness of the punishment neither makes nor de<g ref="char:EOLhyphen"/>clares
the fact more criminal then it is in its own nature under a law that
forbids it under a smaller punishment. But if the case be doubtful, whether
the law be of great purposes and design, the greatness of the punishment
in a prudent and temperate government is the best exterior indication. But
if the punishment be light &amp; trifling, the offence is so too; for the legislative
power can put no more weight upon it then it declares by punishment, but
so much it does: and the Rule of <hi>Alfonsus à Castro</hi> is very useful here and
in some other articles, <hi>Humana lex non magis gravat conscientias quam
corpora.</hi> For Gods Law adding energy and Sanction to the constitutions
of man, binds so far as the Prince or as the Prelate binds: and this is fully
signified in the words and commission of Christ to his Church, <hi>Whatsoever
ye shall bind on Earth,</hi>
                        <note place="margin">John 20.</note> 
                        <hi>shall be bound in Heaven;</hi> for there our Blessed Lord
constituting a Government in his Church, as already there was in the world,
<pb n="11" facs="tcp:58903:316"/>
though of another nature, and by compulsories external, and a proper juris<g ref="char:EOLhyphen"/>diction
(from which the Spiritual differs, as I shall explicate in the fourth
chapter of this book) did promise to doe to them as to the Princes of the
World; that is, verify their ministery of Lawes and Judgments. He in<g ref="char:EOLhyphen"/>deed
appointed other manners of coercion, and a distinct administration;
but the power of giving lawes and judgments he gave then; and he gave
it as firmly as to the greatest Kings: that is, as he commands Subjects to
obey their Princes, so also to obey their Spiritual Superiors; as he will
punish the rebellious and disobedient to Kings, so the disobedient to Bi<g ref="char:EOLhyphen"/>shops,
and to Apostolical Prelates; that is, according as every Superior
can and intends to bind by his temporal or spiritual penalty, God will
verify it and condemn the same person with an eternal. Since therefore
Gods verification of humane lawes and judgments is <hi>after</hi> the Sanction
and <hi>for it</hi> wholly, it must also be <hi>according</hi> to it. He that binds what man
binds, binds so much and no more; as therefore man intends the obligation,
so God obliges the Conscience.</p>
                     <p>2. If the matter of humane lawes be great in it self,<note place="margin">17.</note> to prevaricate
those lawes gives a proportion of greatness to the crime. 1. But this sel<g ref="char:EOLhyphen"/>dome
happens but when a Divine law is complicated with the Civil; such as
the prohibition of publick stewes, the lawes for keeping daies of religion,
the Lords day, Christmas, Ascension, and the Incarnation, the preserving
the persons of them who minister to Religion sacred, the immunity and
intemeration of Holy things as well as holy persons, the matters of Sacri<g ref="char:EOLhyphen"/>lege,
Simony, keeping of vowes, together with all specifications and hu<g ref="char:EOLhyphen"/>mane
instances of Divine Commandements, as that Children should not
marry without their Parents consent, that marriages should not be co<gap reason="illegible" resp="#TECH" extent="1 letter">
                           <desc>•</desc>
                        </gap>
                        <g ref="char:EOLhyphen"/>summate
before they be published. 2. To these also are to be added such
lawes which in their own nature contribute much to the publick security or
advantage: as that men should not in a City fire their own houses, nor cut
the damme of the Sea upon their own ground, that they should not in
times of peace fire a Beacon, nor tell false and disheartning news to an
army ready to joyn battel, nor make false Musters when the Enemy
is near.</p>
                     <p>3. Though the matter of the lawes be in it self light and trifling,<note place="margin">18.</note> yet
if by reason of some present appendages, and visible or probable conse<g ref="char:EOLhyphen"/>quences
it be great, the conscience is tied to obedience under a great crime.
For a single souldier to fly from a battel is of it self no great matter, were
it not for the evil example; but because it may affright the next man and
that may scare the rank, and the rank may disorder the company, and so
proceed to an intolerable mischief, therefore the sin is great by the pro<g ref="char:EOLhyphen"/>portion
to the evil it is likely and apt to produce. To carry corn abroad
is no great matter of it self; but when the price is great and the plenty is
little, the mischief it does by accident is the measure of the sin.</p>
                     <p>2. * Of the same consideration it is, when an action of it self light and
impertinent is made the matter of a great scandal. To kneel or to stand at
the Holy Communion hath been severally used in divers Churches Anci<g ref="char:EOLhyphen"/>ent
and Modern; but when a law is made that we shall kneel, and if I doe
not kneel he that observes will think I doe no reverence to Christs body
and blood, and by my example will learn to despise it, the Conscience is
burden'd with the sin of irreverence something, but very greatly with the
sin of scandal.</p>
                     <p>
                        <pb n="12" facs="tcp:58903:317"/>
3. When the thing of it self is indifferent, and yet the Custome of it
is pass'd into superstition, or causes horror, or some notorious evil effect,
the lawes that prohibit any such thing doe bind the conscience to obey
under the pain of being guilty of the great evil that is introduc'd by it.
To light up candles by dead bodies is as harmless as any thing; but if it be
prohibited for the avoiding of superstition to which it ministers in some
weak persons, the disobedience hath its value not according to the action,
but the evil intention to which it is suppos'd to contribute. Thus we find
a title in the Canon law, <hi>de cadaveribus non exenterandis &amp; in frusta
concidendis ut ad alia loca transferantur:</hi>
                        <note place="margin">De Sepultur. cap. corripian<g ref="char:EOLhyphen"/>tur. c. 25. q. 3. gl. ad verbum [Major.]</note> and it is forbidden under the pain
of the greater excommunication, <hi>that bodies should be imbalmed,</hi> that is,
<hi>unbowell'd and cut in pieces to be carried to other places of Sepulture remote
from where they died.</hi> The thing in it self was innocent and warranted by the
practice of whole nations, and had countenance from the examples of <hi>Jacob</hi>
and <hi>Joseph;</hi> but it did light into the observation of people that thought it
cruel, unnatural and inhumane, and there that opinion, not the nature of
the action, gave the weight and value to the disobedience.</p>
                     <p>4. When an action in it self indifferent is by the law expounded to
signify a sin, though in it self it doe not, nor in the heart of him that does
it, the disobedience to that law is an act of that sin, or at least of a scandal
relative to it. Thus if a civil law, were made to forbid women to goe in
mens cloths, as presuming them that did so were incontinent and wanton,
she that disobeyed that law was really to be judged wanton, because she
would doe that which the law so expounded; and her crime was great, not
according to the thing it self, but to the sense of the law; she despises her
own reputation, does that thing which the law, by which the best judgments
are made, judges to be incontinence, and therefore she is justly to be con<g ref="char:EOLhyphen"/>demned
as an incontinent: and upon this account there was a law made; and
it is recited <hi>cap. si qua mulier, dist.</hi> 30. where women under pain of anathema
are forbidden to appear in a mans habit; where the gloss addes, <hi>scil. ob
malum finem,</hi> if it be for an evil end, it is a sin proportionate to that evil end:
and therefore when the law declares beforehand, that it shall be judged to
be a Ministery to that evil end, the action is that sin which is so adjudged, &amp;
the conscience bound accordingly. But this caution hath one limitation, <hi>viz.</hi>
though the law expounds such an action to be incontinence, and therefore
ordinarily it is to be judged; yet if it really be not so, but be done upon
some great necessity or for some very good end, though till the publication &amp;
approbation of the cause, it be externally and legally dishonest, yet the con<g ref="char:EOLhyphen"/>science
is clear: because in an action that is indifferent, and condemn'd onely
for a presumptive end, when that presumption fails in the particular, and
the indifferent action serves really to a pious, a charitable, or a necessary
end, the action is made good, and therefore the Conscience is disoblig'd.
For <hi>that which is really so, prevails over that which is but presumed so.</hi> Thus
we find that S. <hi>Euphrosyna</hi> liv'd long in a Monastery of men; and the Church
which took cognisance of it, did, upon evidence of her piety and purity, after
death declare her a Saint: and that S. <hi>Eugenia</hi> went in a mans habit [to
avoid the persecutors of Christianity for a while] is told in the <hi>Menologion</hi>
of the Greeks; and her memory as of a Virgin and Martyr is celebrated
in the Greek Church upon Christmas eve. And when <hi>Nonnus</hi> the Bishop
of <hi>Edessa</hi> had converted S. <hi>Pelagia,</hi> who from a common curtezan became
a glorious Saint, after the suffering of most severe penances in the mount
<hi>Olivet,</hi> she estrang'd her self from all probabilities of temptation from vain
<pb n="13" facs="tcp:58903:317"/>
men by living in a mans habit conceal'd all her life-time; and the Church
keeps her memorial in honour upon the 8<hi rend="sup">th</hi> of <hi>October.</hi>
                     </p>
                     <p>5. If the matter of humane Laws be in it self trifling and inconside<g ref="char:EOLhyphen"/>rable,
yet if it meets with a people where it is esteem'd a crime, and the
laws forbid it upon that account of a publick dis-estimation, it is to be pre<g ref="char:EOLhyphen"/>sumed
that the laws doe condemn it equally to the publick fame; and
therefore that the conscience is bound accordingly. Thus in the days of
<hi>Clemens Alexandrinus</hi> the Christians thought it a very horrid thing to
wear false hair; and
<q>Calvo turpius est nihil comato,<note place="margin">Lib. 10. ep. 83.</note>
                        </q>
said <hi>Martial</hi> to <hi>Marinus,</hi> nothing is more deformed, nothing more unhand<g ref="char:EOLhyphen"/>some.
Now though it be not so in it self, yet when the hearts of men are
generally against it, as it was then (though it be not so now) if any law
had prohibited the wearing of Perrukes, the conscience had been greatly
obliged, for the law did lay much upon it, even as much as all the evil of
the publick infamy did amount to. Thus to break a fasting-day which by
custome hath been observed in a Church, is a matter of small account; but
if a law have forbidden it, and forbids it there where it is commonly ac<g ref="char:EOLhyphen"/>counted
a very high impiety, though of it self it be not so, yet under such
a law in such circumstances it becomes so, and is to be valued accordingly.
And upon this account are those words of S. <hi>Chrysostome</hi> to be understood,
<hi>Adveniente tempore jejunii, etiamsi quis millies urgeat, &amp; infinita cruciet;
&amp; cogat vinum delibare, aut aliquid aliud quod jejunii lege non est licitum
gustare, patiendum potius esse, quam prohibitum tangere nutrimentum.</hi> It
was accounted a great matter then to break an Ecclesiastical fast: and
therefore when a law is supported by such an estimate, that law binds hea<g ref="char:EOLhyphen"/>vily;
and it will be a great sin to break it, unless there be a great cause to
legitimate or excuse it. In such cases we must endure a great inconveni<g ref="char:EOLhyphen"/>ence
rather then disobey.</p>
                     <p>6. Though the matter be little, yet if the Legislative power hath a
particular eye and value upon it, however it be expressed, if such a value
be known or observed, the smalness of the matter is no argument of the
smalness of the sin. Thus also in the foregoing instance of Ecclesiastical
Fasts are those words of S. <hi>Basil</hi> to be understood, saying, <hi>Non minus
crimen esse violare jejunium Ecclesiasticum, quam militi abjicere scutum in
bello, aut stationem deserere.</hi> Ecclesiasticall Fasts in his time were the cogni<g ref="char:EOLhyphen"/>sance
of a Christian, his defence and guard; and therefore not to keep
them was as if a Souldier did throw away his shield in a day of battel, or
desert his station. So the Prelates of the Church did then understand it,
so they intended it. When a trifle is made a mark of union, as to wear a
branch in warre, when the Superiour sets his heart upon it; in this case
the mind of the supreme becomes a law to his Subjects, in the former
they become a law unto themselves. Sometimes a smal instance is made
the trial of obedience; and the Superiour hath a great authority, but a little
diocese, or a few Subjects, or small occasions to rule in; in these and the
like cases, the smalness of the matter is not onely to be considered, but the
interpretation and effort which the Superiour puts upon it. If he calls
every such disobedience a contempt of his authority, and accounts it a dis<g ref="char:EOLhyphen"/>solution
of that community where he governs, or a great violence of or<g ref="char:EOLhyphen"/>der;
it is so in conscience, that is, to be valued beyond the matter. For
<hi>he that takes a little piece of iron from an iron forge does no great harm; but if
he takes it from a lock or a chain, he disorders the whole contexture.</hi>
                     </p>
                     <p>
                        <pb n="14" facs="tcp:58903:318"/>
4. When an Ecclesiastical punishment is superadded to a civil law,<note place="margin">19.</note> or
a civil punishment to an Ecclesiastical law, it is to be presumed that the law<g ref="char:EOLhyphen"/>giver
puts much upon it, and therefore the conscience is obliged to obedi<g ref="char:EOLhyphen"/>ence
under a great sin. The reason is plain, because he can by no means
better and more earnestly signify his purpose of obliging strongly then by
using both the swords: he binds more strongly then all the terror of the
civil punishment, who besides that, calls in the aids of Religion; and that
Prelate is passionately desirous to secure obedience to his laws, when be<g ref="char:EOLhyphen"/>sides
the bands of God, he cals in to his help the cords of a man, and so se<g ref="char:EOLhyphen"/>cures
it by all means. And therefore whatsoever is decreed under pain of
solemn excommunication is therefore ordinarily presumed to be of great
band unto the conscience, not onely by force of the first Rule<note n="*" place="margin">Numb. 16.</note>, because it
is a great punishment; but also because the civil power does verify that
sentence, and inflicts some great temporal evil upon them that abide in
contempt or disobedience to the orders and censures of the Church.</p>
                     <p>5. The preceptive or prohibitive words in humane Laws ordinarily
are no sign of a greater obligation of the conscience;<note place="margin">20.</note> that is, when the
words of strict command are the usual style of the Court, as it is both in
Civil and Ecclesiastick Courts. * 1. But if some laws are published with
severe clauses of command, and others on purpose and by design with lesser
and the more gentle, then the case is evident that there is a difference to be
made also by the conscience. And this is in particular made use of by the
Franciscans in the observation of the Rule of their Order. For, <hi>in Clemen<g ref="char:EOLhyphen"/>tina,
Exivi de paradiso, § Cum autem, De verborum significatione,</hi> it is
determin'd that that part of the Rule of S. <hi>Francis</hi> which is established by
preceptive or prohibitive words shall oblige the <hi>Friers Minors</hi> under a great
sin, the rest not; and this wholly upon the account of the different clauses
of sanction and establishment. * 2. Another exception there is to this
Rule, for when the preceptive or prohibitive clauses are reduplicated di<g ref="char:EOLhyphen"/>rectly
or by some solemn appendage, it is presumed that the conscience
is highly bound. Such as are [<hi>We strictly charge and command, we command
in the vertue of obedience, upon your duty and allegeance, upon my blessing, as
you will answer it at the dreadful day of Judgement, upon your oath, and such
like</hi>] And here the reason is plain, because the Superiour calls in to his aid
the interest of some other vertue besides the obedience; as justice or vera<g ref="char:EOLhyphen"/>city,
hope or fear, the helps of God immediately, or a proper appeal to some
other great tie of conscience.</p>
                     <p>6. However the laws were established,<note place="margin">21.</note> yet according as they goe off,
or goe less, or fall into desuetude or disobligation, so the band of conscience
grows less, till it be quite eas'd by abrogation; for the law binding by its
establishment, and the conscience being bound by the life of the law, as the
law dies the conscience is at ease: and by this Rule S. <hi>Paul</hi> largely proves
the Christian Churches not to be obliged in conscience to observe the law
of <hi>Moses,</hi> in the seventh Chapter to the <hi>Romanes.</hi>
                     </p>
                     <p>7. The <hi>contempt</hi> of any law,<note place="margin">22.</note> be the matter never so trifling, be the
Law-giver never so unconcerned, be the publick interest never so little, yet
if it be law, and still in force, is a great sin, and lays a great load upon the
conscience.<note place="margin">Lib. 1. de prae<g ref="char:EOLhyphen"/>cept. &amp; dispens. c. 11.</note> 
                        <hi>Contemptus in omni specie mandatorum pari pondere gravis, &amp;
communiter damnabilis,</hi> saith S. <hi>Bernard, All contempt of laws, be the matter
<pb n="15" facs="tcp:58903:318"/>
little or great, is highly damnable;</hi>
                        <note place="margin">Cap. 12.</note> and the reason he subjoyns a while after,
<hi>Convertit in crimen gravis rebellionis culpam levis transgressionis, Contempt
makes the smallest transgression become a great rebellion.</hi> Because here it is
not the violation of the law, but of the authority; not the <hi>decree,</hi> but the
<hi>power</hi> is undervalued, and ever accuses the Law-giver of want of wisdome,
or supposes him to have no power. This is that which in <hi>Leviticus</hi> is ex<g ref="char:EOLhyphen"/>press'd
by [<hi>Si spreveritis mandata mea,</hi>
                        <note place="margin">Lev. 26. 15.</note> 
                        <hi>&amp; anima vestra fastidierit judicia
mea] a contemning the commandement, and that your soul hate and loath the
judgements.</hi> Such a thing as this, is a deletery to the whole Law, and
tears the knot that ties the mantle upon the Princes shoulders: and this
is acknowledged even by them who believe that humane Laws doe not ob<g ref="char:EOLhyphen"/>lige
the conscience; for they confess that the conscience is at least bound
so farre that the law be not despis'd. Now then besides that this Rule is
established not onely by its own reason but by concession, there is this ad<g ref="char:EOLhyphen"/>vantage
to be made of it; That if the conscience be bound so farre that
the law be not despis'd, then the conscience is bound so farre that the law
be obeyed if it can; that is, that it be always obeyed, unless there be a
competent and sufficient or probable reason to the contrary. And there<g ref="char:EOLhyphen"/>fore
it is remarkable that God calls the not obeying of his laws, a despising
and loathing them in their hearts:<note place="margin">Lev. 26. 15.</note> 
                        <hi>Si judicia mea exhorruerit anima ve<g ref="char:EOLhyphen"/>stra,
ita ut non faciatis, If your soul so hate my judgements that ye doe them
not;</hi> that is properly to despise them: and so it is in humane Laws; he
that breaks them without cause despises them, for nothing else does make
him not to obey.<note place="margin">Gloss. in cap. Metropolita<g ref="char:EOLhyphen"/>num 2. quaest. 7.</note> For this is a certain rule, <hi>Causlesly and contemptuously
are all one.</hi> If therefore the adversaries in this Rule doe affirm that the con<g ref="char:EOLhyphen"/>science
is bound to obey, unless there be reason to the contrary, then we
agree together, and both with truth; and if there be any difference after<g ref="char:EOLhyphen"/>wards,
it is onely in assigning what reasons and what causes are sufficient.
But if they mean that the conscience is onely bound not to despise the law,
but may break the law when there is no reason for it, and if she does, com<g ref="char:EOLhyphen"/>mits
no sin against God; then by despising the law they must mean some<g ref="char:EOLhyphen"/>thing
that no Grammar and no Lexicon ever understood, and that none
despises the law but he that rails upon it, and reviles it, or reproaches the
authority directly; for indirectly he reproaches the authority that despises
the law, and he directly despises, that for no reason disobeys it: for if for
no reason, then it is contempt, for else there can be no account given of
the omission; and nothing is a greater contempt then to esteem the law
so inconsiderable as to be less then nothing. He that thinks it unlawful
hath a reason, real or imaginary: but he that thinks it lawful, and yet will
not obey, and hath no reason why he will not, does despise it infinitely.
Some suppose that to break a law frequently or customarily is contempt:
But to this I assent not, because there may be a lasting reason why the law
is by custome broken: indeed, if there be no reason, then the greater the
custome is, the greater is the contempt; but if there be a reason, neither
one omission nor twenty can be criminal. But in this particular I like well
what is said by the Lawyers, <hi>Ex consuetudine indici prasumptionem contem<g ref="char:EOLhyphen"/>ptus,
licet ipsa contemptus non sit.</hi> It is a very great presumption that who<g ref="char:EOLhyphen"/>ever
frequently breaks the law does despise it: and upon him that does so,
the burden of proving that he does not, by proving his reason, is incumbent.</p>
                     <p>These are the measures by which we shall account concerning the de<g ref="char:EOLhyphen"/>grees
of obligation of conscience to obey humane Laws.<note place="margin">23.</note> The use of them
<pb n="16" facs="tcp:58903:319"/>
is this, That besides they are helps to alleviate the scruples or the doubts
of conscience concerning the greatness of a sin in this instance, and in pro<g ref="char:EOLhyphen"/>portioning
our repentance and amends; they are also of great use both in
the judging concerning the reasons of disobeying, that is, whether the
reason be weighty enough to outweigh the impress and intention of the law,
and also of judging what inconvenience is to be suffer'd to preserve our
obedience respectively to any law.</p>
                     <p>It now remains that for the confirmation of the truth and explication
of the sense of this rule,<note place="margin">24.</note> the objections made be considered.</p>
                     <p>To the first I answer,<note place="margin">25.</note> That to suppose humane lawes to bind the Con<g ref="char:EOLhyphen"/>science
is so far from devesting God of his royalty, that it does very much
establish it; for it is a part of his Royalty to bind the Conscience, and there<g ref="char:EOLhyphen"/>fore
he that saies, that God does bind the Conscience to obey humane
laws, makes no intrenchment upon that. For although humane laws doe
bind the Conscience, yet it is not by vertue or formal energy of the civil
power, but by the authority and power of God; the King and the Bishop
are but Christs deputies, and his power they exercise, by his power they
rule, and to his Kingdome they minister. And therefore the civil power does
not take cognizance of the Conscience, nor pretend a compulsory over it;
but God does, and does exercise it when he punishes the Soul eternally
for contempt and rebellion against the Princes of the people.</p>
                     <p>To the second,<note place="margin">26.</note> We are to consider, that when it is said that Humane
lawes bind the Conscience, the meaning is, it ties us to duty, and we are
guilty before God if we doe not obey man: and Conscience is not here
taken in the physical or natural sense, for a practical understanding alone,
but for the whole mind of man informed and commanded by God; in which
mind one of the Principles or laws of God written there is, that we should
<hi>obey them that have the Rule over us:</hi> but besides this, this whole argument is
a plain paralogisme; for it supposes that because Humane laws are tied upon
the Conscience, that they are tied by man, not by God; which is against the
true state of the Question: therefore if Conscience were wholly a habit or
an act, or the faculty of understanding, and consequently in this last case sub<g ref="char:EOLhyphen"/>ject
to God alone who is truth, yet the truth remains unharm'd, for it is
not man that rules in the Conscience, but God who commands it to obey
man, for fear of Gods displeasure. Humane laws are but the material part
in this obligation; the authoritity and command of God give it life &amp; force
upon the Conscience: it is like the body prepar'd by the Father of the
Country, into which God inspires a living and an operative principle.</p>
                     <p>To the third the answer is easy and short:<note place="margin">27.</note> for granting all that is said,
it not being material to the present inquiry whether it be true or no; it is
a part of Christian liberty that the Conscience be servant to none but
Christ, and whatever be the matter of humane laws, if it be not also the
matter of a Divine law, the Conscience is free from that matter of it self,
because God being onely the Lord of Conscience, and he not having by
his law established that matter, the Conscience is free as to that matter.
But then when a just authority supervening hath made a law in that matter,
though the Conscience was free from <hi>that matter,</hi> yet it is not free from
<hi>that authority:</hi> not that the Conscience is a subject of that authority im<g ref="char:EOLhyphen"/>mediately
<pb n="17" facs="tcp:58903:319"/>
and ultimately, but because God hath subjected it, and com<g ref="char:EOLhyphen"/>manded
it to obey.</p>
                     <div type="part">
                        <head>Of Christian Liberty.</head>
                        <p>But for the fuller satisfaction of Conscience in this great article,<note place="margin">28.</note> it
will not be amiss to give a full, but short account of the nature and preten<g ref="char:EOLhyphen"/>ces
of Christian liberty. In order to which S. <hi>Peter</hi> explicates this article
most excellently, saying, <hi>Be subject to every ordinance of man</hi> 
                           <gap reason="foreign">
                              <desc>〈 in non-Latin alphabet 〉</desc>
                           </gap>,
<hi>for the Lord,</hi> that is, for his Commandement, and for the interest of his
Kingdome, * and his power and his glory:<note place="margin">Isai. 33.</note> for it is a portion of his king<g ref="char:EOLhyphen"/>dome,<note place="margin">Luc. 1.</note>
it is the deputation of his power;<note place="margin">Apoc. 1. &amp; cap. 19.</note> and he is glorified by our obe<g ref="char:EOLhyphen"/>dience,
when the princes of the world by seeing our ready subjection have
no cause to speak evil of us; which was the very argument which the
<note n="*" place="margin">1 Pet. 2. 15.</note> Apostle uses in this question. And therefore S. <hi>Peter;</hi> who in this inquiry
takes notice of our liberty, gives express caution, that though we be free
from many fetters and hard services, yet we should not pretend Christian
liberty as a cover for sedition and rebellion and disobedience, which he
signally calls <gap reason="foreign">
                              <desc>〈 in non-Latin alphabet 〉</desc>
                           </gap>, we render it <hi>maliciousness:</hi> and if it be us'd to express
the effects and evil consequents, it is very well; but it relating here to the
principle of the mischief, it is better rendred,<note n="*" place="margin">See the Doct. and Pract. of Repent. chap. 4 p. 173.</note> 
                           <hi>Craftiness,</hi> 
                           <gap reason="foreign">
                              <desc>〈 in non-Latin alphabet 〉</desc>
                           </gap>,
<hi>not making</hi> this Christian <hi>liberty a pretence
and cover for your Craftiness:</hi> for they well knew the artifices of the Devil,
and that he would endeavour to aliene the hearts of subjects from their
Princes upon pretence of Christian liberty, and of heathen Princes from
Christianity upon supposition it was no friend to government; and so it
fel out in the <hi>Gnosticks</hi> and <hi>Valentinians:</hi> but against these evils the
Apostles by the Spirit of God and the doctrine of the Gospel made ex<g ref="char:EOLhyphen"/>cellent
provisions. For as S. <hi>Peter</hi> so also S. <hi>Paul</hi> us'd the same caution in
this article: for having press'd upon the <hi>Galatians</hi> to insist upon their Chri<g ref="char:EOLhyphen"/>stian
liberty, and not to be brought under the yoak of <hi>Moses,</hi> lest they should
stumble at the name of liberty, he charges them not to abuse it, not to ex<g ref="char:EOLhyphen"/>tend
it beyond its proper limit, not to use it as an occasion to the flesh;
and that it may be manifest where it was he intended to fix his rule, he
instances in the matter of government, adding by way of explication,
<hi>By love serve one another:</hi>
                           <note place="margin">Galat. 5. 13.</note> that is, though you Christians be all free, yet
there is a bond of charity, by which you are tied to the rules of government
and service and subordination; in these things if you pretend your liberty,
it will be but an occasion to the flesh, and a dishonour to the Spirit. For
our liberty is not a <hi>Carnal liberty,</hi>
                           <note place="margin">1 Cor. 7. 20. 21, 24.</note> but it is a <hi>spiritual.</hi> If a slave be called
to Christianity, he is <hi>the Lords freed-man,</hi> but not Mans, he is still a ser<g ref="char:EOLhyphen"/>vant
and commanded to abide in it, if in that state he be called. And it is
an excellent Rule which is given by <hi>Calvin</hi> in this particular,<note place="margin">Lib. 3. instir. cap. 19. § 10.</note> 
                           <hi>We ought to
account that by Christian liberty there is nothing gotten to us before men, but
onely before God.</hi> And it is a horrible folly which abuses some men, they
think that they loose their liberty unless they get possession of it by doing
against that part which is forbidden: not considering that if the matter be
indifferent, then they may as well doe that which is by man commanded,
as doe the contrary, they are as free to one as to the other; and there<g ref="char:EOLhyphen"/>fore
for civility, and for government, and for order, and for humanity sake,
since they must use their liberty one way, let them doe it that way which
<pb n="18" facs="tcp:58903:320"/>
will at least please God as well, and Man better. And for their Christian
liberty, that is in the Spirit, and they need no other testimony but the Con<g ref="char:EOLhyphen"/>science
it self: for the Conscience in this also is a thousand witnesses. And
therefore truly and plainly the liberty that the Apostles speak of is but a
freedome from the <hi>dominion of sin,</hi> and a freedome from the <hi>terrors</hi> and
<hi>obligation</hi> of the Law: the first is a freedome of duty, the second a free<g ref="char:EOLhyphen"/>dome
of priviledge; the first is a Commandement, the second a state of
advantage; that is but a working, this is completed; that is design'd by
Christ, this already wrought, and is the effect of Christs death, while the
other is the product of his Spirit, and the business of the Kingdome of
Grace. But let us see what is the proper and explicite effect of all this.</p>
                        <p>1. It is true that we are freed from sin, that is, we are asserted into
the liberty of grace and pardon; the band of sin is broken, and we may
be rescued from the power and from the punishment of it: and what then?
S. <hi>James</hi> answers this inquiry,<note place="margin">James 1. 25.</note> 
                           <hi>Whoso looketh into the perfect law of liberty,
must be a doer of the work,</hi> that is, of the righteousness evangelical; and
<hi>this man shall be blessed in his deed.</hi> For it is Christ who hath set us
free; but yet be servants of Christ: his Spirit hath made us free, and
asserted us <hi>into the glorious liberty of the Sons of God;</hi>
                           <note place="margin">Rom. 8. 12.</note> 
                           <hi>therefore we are deb<g ref="char:EOLhyphen"/>ters,
not to the flesh, to live after the flesh,</hi> but we must live a spiritual life,
for to doe so is to persist in our liberty; it is entring upon that possession
which God hath given us: but this is like the gift given to the sons
of <hi>Israel;</hi> all the land of <hi>Canaan</hi> was their portion, but they were to
fight for it, and win it by degrees; but it was long before they were in
quiet possession, and so shall we when we are in the land of promise.</p>
                        <p>2. It is also true that we are freed from the curse of the law and the
Spirit of bondage or servile fear, which was produc'd by the curses threat<g ref="char:EOLhyphen"/>ned
to every transgressor without the abatements of infirmity &amp; the allow<g ref="char:EOLhyphen"/>ances
of repentance; and we are adopted into a liberty of the sons of God,
we can <hi>cry Abba Father,</hi> and God will use us not with the severe rights
of a Lord, but with the sweetest measures of a Fathers government. And
what then? what is the effect of this liberty? By the Spirit of God we
cry Abba Father, by him we have this liberty, therefore <hi>we must live in
the Spirit:</hi> for though we be not under fear, yet we are under love; we are
not under the curse of the Law, yet we are under the duty; not under the
coercive power of the first covenant, yet under the directive power of the
Eternal Commandement. For the Spirit of God makes us sons, yet none
are sons but such as are <hi>led by the Spirit;</hi> and we are freed from the
curse and condemnation of the law,<note place="margin">Rom. 8. 1, &amp; 14.</note> but not unless we <hi>walk not after the
Flesh, but after the Spirit.</hi>
                        </p>
                        <p>3. It is also true that we are freed <hi>from the ceremonial law,</hi> the law of
circumcision,<note place="margin">1 Cor. 8. 9.</note> of meats and drinks and carnal ordinances. And what then?
<hi>use it charitably, and take heed lest this liberty of yours become a stumbling-block
to them that are weak.</hi> Some there are that extend this to a liberty
from all things that are indifferent, as meats and garments, and daies, and
ceremonies and the like. Now if they mean that we are not bound to these
things by any law of God under the Gospel, it is very true; that is, Christ
gave us no Commandement concerning them. But if it be meant that
these things are left so free that there can be no accidental and temporary
obligation, rule or limit made concerning them, this is that I am now dis<g ref="char:EOLhyphen"/>puting
against. But that this is no part of Christian liberty purchas'd by the
blood of Christ, is evident, because things in their nature indifferent, that
<pb n="19" facs="tcp:58903:320"/>
is, concerning which there was no Commandement given, were alwaies
free, and to say otherwise were a contradiction in the terms; and no drop
of Christs blood could so vainly fall as to purchase for us what was done
already by the nature of the thing. He onely rescinded the Laws of <hi>Moses</hi>
concerning the instances commanded there; that is, those which were not
indifferent, as being positively commanded, he return'd to their own na<g ref="char:EOLhyphen"/>ture,
to be us'd in another dispensation, to be dispos'd of in another go<g ref="char:EOLhyphen"/>vernment,
in a distinct manner, to other purposes, or (as occasion should
serve) to be wholly let alone. But although Christ broke the yoke of
<hi>Moses,</hi> and so left the instances and matters there us'd to their own indif<g ref="char:EOLhyphen"/>ference;
yet he left it as indifferent to the Law-givers to make laws con<g ref="char:EOLhyphen"/>cerning
them; for he gave no commandement that they should always be
left indifferent as to external usages. Under <hi>Moses</hi> they were tied upon the
conscience by God himself, and therefore unchangeably during that whole
period; but now they are left to a temporary transient use and ministery, to
doe good, or to promote order, or to combine government: and if Go<g ref="char:EOLhyphen"/>vernors
had not a freedome to use them in government, as well as private
persons to use them if they would in their own persons, Christian liberty
had been made for Subjects, and denied to Christian Princes and Christian
Priests.</p>
                        <p>4. There is yet another liberty called <hi>the liberty of glory,</hi>
                           <note place="margin">Rom. 8. 22.</note> or the glorious
liberty of the children of God; that is, the <hi>Redemption of our bodies</hi> from
disease and pain, from death and corruption: but for this we must stay till
the last adoption: For what Christ is by generation and proper inheri<g ref="char:EOLhyphen"/>tance,
that we shall be by adoption if we belong to him. Now of Christ in
his Resurrection it was said,<note place="margin">Acts 13. 33.</note> 
                           <hi>Thou art my Son, this day have I begotten thee.</hi>
That was the last generation or right of Sonship, to which when we are
adopted we shall be partakers of the glory; but <hi>that</hi> was at Christs Re<g ref="char:EOLhyphen"/>surrection,
and <hi>this</hi> shall be in ours.</p>
                        <p>5. Now here being in the days of the Apostles so much talk of liberty,
and that in so many instances, and (without question) made the subject of
many Sermons, and much Table-talk, and many disputes, and us'd as an
argument to perswade strangers, and to comfort the faithful, and the De<g ref="char:EOLhyphen"/>vil
being so ready to make use of any prepared lust, or mistake, or igno<g ref="char:EOLhyphen"/>rance,
or fancy; it could not be but many weak and many false persons did
instantly dream of a temporal liberty, that Sons were free from the laws
of Parents, Wives of Husbands, Servants of Masters, Subjects of Princes:
the Apostles knowing how great a confusion this would be to all relations
and states of men, and what an infinite reproach it would be to the Reli<g ref="char:EOLhyphen"/>gion,
stopt this avenue of mischief, and not onely dogmatically describ'd
the duties of all inferiours, but took care also to doe it in those places
where they had occasion to speak of Christian liberty, that there might
be no pretence to doe evil. For Christianity neither could nor ought to
have been received, if the Preachers of it had destroyed Governments.
The effect of this discourse is plainly this, That Christian liberty does not
warrant disobedience to humane Laws,<note place="margin">1 Cor. 7. 23.</note> or liberty from their obligation.
Whereas therefore the Apostle says, <hi>Ye are bought with a price, be not ye
the servants of men;</hi> it is not to be understood of the conscience or mind
of men, as the objection affirms, but onely is an advice of prudence, to the
purpose of the preceding words in the 21. verse, <hi>If thou mayest be made
free, use it rather:</hi> that is, since it is more convenient for the advantages of
Religion, and the service of Christ, by the price of whose blood you are
<pb n="20" facs="tcp:58903:321"/>
redeemed that ye may serve him all your days, therefore you who are free,
be not easy to give or part with your liberty, but use your state of liberty
for the advantage of the service of Christ; for that nothing else is meant,
appears in the words he immediately subjoyns, <hi>Brethren, let every man
wherein he is called,</hi>
                           <note place="margin">Verse 24.</note> 
                           <hi>therein abide with God:</hi> that is, your being the ser<g ref="char:EOLhyphen"/>vants
of men is not inconsistent with your service of God, nor that servi<g ref="char:EOLhyphen"/>tude
incompossible with Christian liberty. But yet suppose that the in<g ref="char:EOLhyphen"/>terpretation
us'd in the objection be right, and that, <hi>Be not ye the servants of
men,</hi> is to be understood of the conscience or mind of man; yet, save
onely that it was not so intended by the Apostle, it can doe no harm to
this Question: for the understanding and the mind may be free, when the
hands are tied, and a man may have the liberty of opining and judging,
when he may not have the liberty of acting, which is all is pretended to
by the Empire of humane Laws. For as <hi>Origen</hi> excellently, This is no<g ref="char:EOLhyphen"/>thing
but an intellectual liberty, concerning which let a man contend in
an intellectual and Evangelical manner, that is, by good arguments and
the spirit of meekness, and there is no harm done. This is the whole
summe of the doctrine of Christian liberty.<note place="margin">Vide etiam Francisci de Silvestris opus<g ref="char:EOLhyphen"/>culum de E<g ref="char:EOLhyphen"/>vangelica liber<g ref="char:EOLhyphen"/>tate.</note> Concerning which if any
man desire to reade more words, and longer discourses, and some in<g ref="char:EOLhyphen"/>trigues,
he may please to see them in <hi>Driedo,</hi> who hath written three Books,
and <hi>Belliolanus,</hi> who hath written twenty Books of <hi>Christian liberty.</hi>
                        </p>
                        <p>To the fourth I have already answered both in the beginning and end
of the answer to the former,<note place="margin">29.</note> and it proves nothing but what is granted.
For to use the same instance; You may fast when you are commanded by
your Superiour,<note place="margin">If a man have but a right understanding that it is all one before God to eat flesh o<gap reason="illegible" resp="#TECH" extent="1 letter">
                                 <desc>•</desc>
                              </gap> egges, milk or fish; that to him it matters not whether you wear a red or a white garment in your times of solemn prayer; this is enough, says <hi>Calvin [lib.</hi> 3. <hi>cap.</hi> 19. §. 10. <hi>instit.</hi>] he need not tie himself to either, but if he does, his conscience is still free, though his action or choice be determined. And so it is though the law of his Superiour determines him.</note> but you must not think that
fasting is a part of the Divine Service. It is
true, it is no part of Divine Service, the fa<g ref="char:EOLhyphen"/>sting
of it self is not, but the fasting in obedi<g ref="char:EOLhyphen"/>ence
is. For though man commands fasting
now, or so, and God does not, yet God com<g ref="char:EOLhyphen"/>mands
that we should obey those commands
of men;<note place="margin">1 Pet. 2. 19.</note> and then the conscience is <gap reason="foreign">
                              <desc>〈 in non-Latin alphabet 〉</desc>
                           </gap>, <hi>the conscience of God,</hi>
or <hi>toward God,</hi> it is his subject and servant, and his liegeman: and yet at
the same time the law of man pretends not to rule the conscience immedi<g ref="char:EOLhyphen"/>ately,
and therefore the conscience is free, and may judge the thing of it
self to be no Divine Commandement; but the will is not free, and the
duty is bound upon that,<note place="margin">De benefic. 3. 2. 2 ae q. 104. art. 5.</note> when the understanding is at liberty. <hi>Errat enim
si quis putat servitutem in totum hominem descendere; pars enim melior exce<g ref="char:EOLhyphen"/>pta
est. Corpora obnoxia sunt, &amp; adscripta Dominis, mens sui juris est,</hi> said
<hi>Seneca,</hi> and from him <hi>Aquinas.</hi> The whole man is not in subjection;
the body indeed is under Lords and Laws, but the mind is free as aire.</p>
                        <p>To the fifth I answer,<note place="margin">30.</note> by denying the consequence of the argument.
For though humane Laws doe bind the conscience, yet it follows not that
it is put into the power of man to save or damne his brother; because hu<g ref="char:EOLhyphen"/>mane
Laws bind the conscience, but not by force of humane authority pre<g ref="char:EOLhyphen"/>cisely,
or in it self, but by virtue of the Divine Commandement: and
therefore a Prince cannot make a law and threaten damnation to the brea<g ref="char:EOLhyphen"/>kers
of it, because he cannot inflict it; but he may say, that he that breaks
it will sin against God, and God will inflict damnation upon the rebellious
and disobedient. But then whereas it is objected that this makes the broad
<pb n="21" facs="tcp:58903:321"/>
way to hell broader, it is a meer scar-crow; for God onely can inlarge or
streighten this way efficiently and formally; but <hi>objectivè &amp; occasionaliter,</hi>
by way of instance and occasion, by giving new laws to endear obedience in
new instances when it is for the publick good, hath in it no inconvenience:
every Minister of the Word and Sacraments<g ref="char:punc">▪</g> by every invitation of his
people to a more strict Religion, does make the damnation of the disobedi<g ref="char:EOLhyphen"/>ent
greater, and by every check of conscience, and by every opinion of our
own we become a law unto our selves, and make the way of our conversa<g ref="char:EOLhyphen"/>tion
narrower; and every offer of grace, and every call of the Spirit does
adde moments to the eternal misery of them that doe resist; and yet it
were not well to be without them, for fear of that accidental evil. For it
is to be considered that these aids, and all good Laws are intended for good
to us, and will bring good to us if we obey; but the very reward it self
being offered, makes also our punishment just and reasonable if we refuse.
<hi>Ex te tua perditio.</hi> The Law is not in fault, but the rebellious man ruines
himself, who by occasion of the Law might have receiv'd an increase of glo<g ref="char:EOLhyphen"/>ry
if he had pleas'd.</p>
                        <p>To the sixth the answer is given in the premisses:<note place="margin">31.</note> Humane authority
does not make the action of disobedience to be a sin. It makes that the
not compliance of the Subject is <hi>disobedience;</hi> but it is the authority of
God who makes <hi>disobedience</hi> to be a sin: and though no humane power
can give or take grace away; yet we may remember that we our selves
throw away Gods grace, or abuse it, or neglect it, when we will not make
use of it to the purposes of humility, charity and obedience, all which are
concerned in our subordination to the Laws.</p>
                        <p>The seventh objection hath two parts;<note place="margin">32.</note> the one concerns the civil
power, the other the power Ecclesiastical. Concerning the civil, it is af<g ref="char:EOLhyphen"/>firm'd
to be unreasonable that the power which cannot remit sins should
bind to sin; &amp; therefore the civil power cannot bind the conscience, because
it cannot remit the sin to which it binds. In which argument there are four
terms, and therefore it is a perfect fallacy. For it is true that it is reason<g ref="char:EOLhyphen"/>able
that the power which binds should als<gap reason="illegible" resp="#TECH" extent="1 letter">
                              <desc>•</desc>
                           </gap> loose: but that the civil
power cannot loose in the same sense in which it can bind is false; for the
civil power can untie that which it hath tied, unless by tying be meant ty<g ref="char:EOLhyphen"/>ing
to one thing, and loosing be meant of another. The civil power binds
to obey; the same power can untie this band, by dispensing with the person
or abrogating the Law. But when it is said, the civil power cannot remit
the sin, therefore not bind to sin, it is a Sophism, because binding and loo<g ref="char:EOLhyphen"/>sing
doe not signify in the same manner. For it does but accidentally bind
to sin, and in the same manner it does also ease the conscience: it makes
the Law to which God binds the conscience; it takes off the Law, and
from the conscience God takes off the obligation. But because it does not
by it self bind the conscience, but occasions the conscience to be bound by
God, therefore it hath nothing to doe to remit the sin, for that must be
the act of God; but the Law can loose what it bound, and where it bound,
and as it bound, that is, not the sin, but the subject matter, the instance
and the occasion. *** But now concerning the Ecclesiastical power, the
objection says that it hath no power to make Laws, but such as are in the
matter already decreed by God; and therefore it does not bind but what
God hath bound already; and consequently hath of it self no power to bind
<pb n="22" facs="tcp:58903:322"/>
the conscience. To this I answer, 1. that it is true, neither the Eccle<g ref="char:EOLhyphen"/>siastical
nor the Civil power does by its innate authority oblige the con<g ref="char:EOLhyphen"/>science;
but both powers can make Laws, to the observation of which
God doth oblige conscience. 2. It is an error to say that the Ecclesiastick
power cannot make laws in things not decreed by God. For the supreme
Civil power is also Ecclesiastical if it be Christian, and hath a power in
the external regiment of the Church; and therefore to make Laws in
such parts and accidents of Government in which God hath left no special
direction: and for the proper power of the Ecclesiasticks, that also extends
beyond the giving commandements in matters of express duty commanded
by God; as I shall make appear in its own place. 3. If it were granted
that the Church could not make Laws in things not decreed by God, yet
when God hath decreed the thing, the Church can make Laws concerning
the order of the things, the measure and the manner, the number and the
weight, the adjuncts and the circumstances; and that's a field large enough
for her to make Laws to oblige the conscience. And therefore although
it were ridiculous and contemptible, injurious and uncharitable for the
Church to pass her greatest censures upon persons that transgress <hi>bono ani<g ref="char:EOLhyphen"/>mo,</hi>
or through unavoidable infirmity, in small inconsiderable instances,
circumstances and unconcerning forms of law and unconsider'd ceremonies;
yet the smallest thing may be plac'd so as to be of great concernment; and
when these things accidentally become great, the censures of the Church
may be prudently and charitably inflicted. But what power the Church
hath in making Laws will afterwards be considered in its place; thus much
was of present necessity for the answer of the objection.</p>
                        <p>To the last there might be many answers given.<note place="margin">33.</note> It may suffice that
the argument is expresly false; for supposing that humane Laws doe di<g ref="char:EOLhyphen"/>rectly
bind the conscience, it does not follow that it is as great a sin to
break the Laws of Man, as to violate the Laws of God: that it is a sin it
does follow, but not that it is so great. For the law of God against idle
words does oblige the conscience, but it does not therefore follow that it
is as great a sin to talk idly as to kill a man. But this Sophism relies upon
this false supposition, Th<gap reason="illegible" resp="#TECH" extent="2 letters">
                              <desc>••</desc>
                           </gap> all things that bind the conscience doe bind in
the same degree, to the same measures of iniquity. For if they doe not,
then humane Lawes may bind the conscience, and yet they may be broken
at an easier rate then the Commandements of God. 2. But then I adde,
that this is according to the subject matter, and the evil consequent of the
action. For suppose a Prince oppressed by a Rebel party, as <hi>Pompey</hi> was by
<hi>Caesar; Photinus</hi> that told the King of <hi>Egypt</hi> where he lay hid did a greater
fault then if he had rail'd upon <hi>Pompey,</hi> expresly against the Commande<g ref="char:EOLhyphen"/>ment,
<hi>thou shalt not speak evil of the Ruler of the people.</hi> To open the secrets
of a King may be a greater sin, and doe more mischief, and proceed from
greater malice then to call my brother <hi>Fool.</hi> For a Souldier to desert his
station may be a greater crime then to steal a shilling. 3. And yet it can<g ref="char:EOLhyphen"/>not
be denied, but that there is great difference between the Laws of God
and the Laws of Man in their obligation. Concerning which, in order to
many cases of conscience, it is fit that I give account.</p>
                     </div>
                     <div type="part">
                        <pb n="23" facs="tcp:58903:322"/>
                        <head>The difference of Divine and Humane laws in their obligation.</head>
                        <p>1. The law of God binds the Conscience immediately,<note place="margin">34.</note> and by the
right of God; the law of man binds the Conscience mediately, and by the
interposition of the Divine authority: so that we must obey Man for
Gods sake, and God for his own.</p>
                        <p>2. The laws of God bind the will and the understanding;<note place="margin">35.</note> that is, we
are bound to obey, and bound to think them good. But humane laws
meddle not with the understanding; for that's a Prince, and can be go<g ref="char:EOLhyphen"/>verned
as he can be perswaded, but subject to the empire of none but God:
but the will is the subject of humane laws; not onely that the will be
bound to command the inferior faculties and members to obey and doe the
work of the law, but of it self precisely it is bound: for it is not enough
that we doe the outward works, but the will must be of it self obedient.
<hi>Whatsoever ye doe,</hi>
                           <note place="margin">Col. 3. 23.</note> 
                           <hi>doe it heartily,</hi> 
                           <gap reason="foreign">
                              <desc>〈 in non-Latin alphabet 〉</desc>
                           </gap>, <hi>doe it from your very
Soul;</hi> that is, cheerfully, willingly, without murmuring: <gap reason="foreign">
                              <desc>〈 in non-Latin alphabet 〉</desc>
                           </gap>,
<hi>for ye doe it not to men, but to the Lord.</hi>
                        </p>
                        <p>3. The Divine laws are lasting and perpetual;<note place="margin">36.</note> but humane laws cease
to bind the conscience, by desuetude, by contraition, by contrary reason, by
intolerable inconvenience, by dispensation, and lastly by abrogation.</p>
                        <p>4. Divine laws oblige the Conscience not only to an <hi>active obedience,</hi>
                           <note place="margin">37.</note>
but to <hi>activity</hi> and earnestness to doe them, to seek opportunities, to omit
none to doe them presently. Humane laws oblige to an active obedience,
but not to a spontaneous offer, and ultroneous seeking of opportunities.
It may be a sin, it is alwaies an infirmity, to seek for excuses and dispensati<g ref="char:EOLhyphen"/>ons
in Divine laws; but it is lawful by all fair means to seek to be freed
from the band of any humane law that is not of publick concernment, and
is of private incommodity. A man may decline a burden of the law, or
seek a priviledge and exemption. The Citizens of <hi>Rome</hi> were tied to keep
guards in course, and doe other duties; but he that had three children, had
a right of exemption; and he that hath none may lawfully desire and peti<g ref="char:EOLhyphen"/>tion
for the priviledge. The burden of a humane law may be thrust upon
another, if it be done by just and charitable means; but in the laws of God
every man must bear his own burden chusingly and delightfully.</p>
                        <p>5. Humane laws onely consider the outward action,<note place="margin">38.</note> not the secret
opinion; you must obey Man, when at the same time without sin you may
believe the law to be imprudent, or imperfect, or fit to be annull'd. But
in the laws of God we must submit our most secret thoughts, and we must
be sure so to obey humane laws, as we keep for God the prerogative of
his: but though to God we must give account of our thoughts, yet
humane laws meddle not with them at all. <hi>Cogitationis poenam nemo meretur,</hi>
saith the law, <hi>ff. de poenis.</hi>
                        </p>
                        <p>6. Humane laws oblige onely that they be not despis'd,<note place="margin">39.</note> that is, that
they be not transgressed without a reasonable cause: but the laws of God
must be obeyed in all cases; and there is no cause to break them, and
there can be no necessity upon us to commit a sin. In the obedience to
<pb n="24" facs="tcp:58903:323"/>
humane laws we may suppose there was a weakness in the Sanction, they
could not foresee the evil that was future, the inconveniences upon some
men, the impossibilities of many, the intolerable burden upon others: and
therefore although a reason is alwaies to be had when we doe not obey,
and that a good one; yet the reason and the goodness of it is not to be
the greatest and the best, or to be exacted according to the strictest mea<g ref="char:EOLhyphen"/>sures
of necessity alone. For though the laws of God bind to obedience
without dispute, without diminution, without excuse, and in all necessities
and accidents that can supervene; yet beyond that which is good, that
which is equal and probable and profitable, humane laws doe not bind: but
of this in the sequel.</p>
                        <p>7. He that despises the law of God,<note place="margin">40.</note> dies for it; and he that <hi>neglects</hi>
it is accounted to despise it: the not doing it is by interpretation a con<g ref="char:EOLhyphen"/>tempt
of Gods law. He that despises humane laws, is also guilty before
God: but he onely is accounted to despise it, that voluntarily and without
reason disobeys. But he that out of the multitude of other affairs, or an
incuriousness of Spirit, unknowingly or ignorantly neglects it by not
thinking of it, is in most cases innocent before God; but is tied to submit
to the punishment if he be requir'd and deprehended. This onely is to be
added, that a geat and a dissolute negligence even in humane laws is so far
from excusing the breach of the law, that it doubles the guilt: <hi>Dissoluta
negligentia prope dolum est,</hi> saith the law, <hi>ff. mandati, l. fidejussor, &amp; ff.
de action. &amp; obligat. l.</hi> 1. §. <hi>Is quoque.</hi> A great negligence is accounted
malice.</p>
                        <p>8. Ignorance of the laws of God excuses no man,<note place="margin">41.</note> because it is suffici<g ref="char:EOLhyphen"/>ently
revealed to every man; and he is not onely bound to inquire much
if there should be need, but there is also so clear a communication of them,
that a little inquiry will serve the turn, and therefore no man is here ex<g ref="char:EOLhyphen"/>cus'd
by ignorance. But in the laws of man ignorance is easier pleaded,
and does more excuse, and does unavoidably happen to many men in very
many cases; and they are less bound to inquire, and a less matter makes
the ignorance probable and quit from malice: of all which a prudent and
a good man is to be the Judge.</p>
                        <p>9. When Divine and humane laws are oppos'd,<note place="margin">42.</note> these must alwaies
yield to those; and without dispute God is to be obeyed rather then
Man; and although we must obey Man for God, we must never obey Man
against God: and therefore it was excellently counsell'd by <hi>Ben-Sirach,
Let not the reverence of any man cause thee to sin.</hi>
                        </p>
                        <p>10. As a consequent to the former,<note place="margin">43.</note> all the Ministers of Justice are
bound to be more severe in exacting obedience to Gods laws then to their
own in an equal or like matter; they must be easy in the matter of their
own laws, and zealous for God: and this also does prove that where the
effect, and the appendages and circumstances doe not alter it, it is in the
whole a less sin to break a humane law then to break a Divine; that is,
although both are sins, yet in the nature of the action it is of a less degree
of crime to break the law of our <hi>superior</hi> then of our <hi>supreme,</hi> of <hi>Man</hi>
then of <hi>God.</hi>
                        </p>
                        <p>
                           <pb n="25" facs="tcp:58903:323"/>
11. Divine laws are impos'd upon the people;<note place="margin">44.</note> but humane laws are
impos'd indeed, but commonly by their consent, explicite or implicite,
formal or interpretative, and without acceptation in a sweet regiment may
indeed,<note place="margin">Vide Rule 6. of this chapter.</note> but are not usually pass'd into the sanction and sacredness of laws.
For the civil government is not absolute, and meer and supreme; but in
some sense, and to some purposes, and in some degrees, limited, condi<g ref="char:EOLhyphen"/>tional,
precarious and mixt, full of need, and supported by them who are to
be rul'd, who therefore are to be regarded.</p>
                        <p>12. Some adde this; the Divine laws bind both in publick and in pri<g ref="char:EOLhyphen"/>vate,
the humane in publick onely: that is, because humane laws take no
cognisance of what is secret, therefore neither doe they of themselves bind in
secret. But this although in speculation it hath some truth, yet when it is re<g ref="char:EOLhyphen"/>duc'd
to practice, the consideration is different. For though Mans laws know
not what is in secret, &amp; therefore cannot judge; yet God, that binds humane
laws upon our consciences, knows the most secret breach of laws, and he jud<g ref="char:EOLhyphen"/>ges
and discerns. But this hath some difficulties in it, and many very material
considerations,<note place="margin">Rule 4. of this chapter.</note> &amp; therefore is to be distinctly handled in some of the follow<g ref="char:EOLhyphen"/>ing
pages. This onely for the present. When in private we can be excus'd or
innocent before God; in that private, &amp; in those circumstances humane laws
oblige not. But Gods laws equally oblige both in publick and private, re<g ref="char:EOLhyphen"/>spectively
to the subject matter. Of themselves humane laws have nothing to
doe with private actions; that is, neither with the obligation, nor the notice.</p>
                        <p>There are many other material differences between the laws of God
and man,<note place="margin">45.</note> as to their obligation upon Conscience; which I shall afterwards
explicate upon the occasion of particular rules. The great summe of all is
this, so far as relates to Conscience; the law of God binds stronger, and in
more cases then humane laws. A breach of a humane law is not so great a
sin, nor is it so often a sin, as a breach of the Divine; the advantage <gap reason="illegible" resp="#TECH" extent="1 letter">
                              <desc>•</desc>
                           </gap>oth
in the extension and the intension being (as there is all reason it should) on
the part of God; that God who is in all, may be above all.</p>
                        <p>Thus they differ,<note place="margin">46.</note> but in order to the verification of the Rule, it is to
be remembred that in the main obligation of Conscience they doe agree.
The Divine law places things in the order of vertue and vice; and the
Sacraments are therefore good because they are appointed by Christ, our
great Law-giver, and in the old law the eating of swines flesh was therefore
evil because it was forbidden by the law of God. For all the goodness of
Mans will consists in a conformity to the will of God, which is the great
rule and measure of humane actions. And just so it is in humane laws
according to their proportion and degree: when the law of the Church
commands fasting, to doe so then is an act of temperance as well as o<gap reason="illegible" resp="#TECH" extent="1 letter">
                              <desc>•</desc>
                           </gap> obe<g ref="char:EOLhyphen"/>dience,
and to disobey is gluttony; and to wear cloth of gold is luxury
when the law commands us to wear plain broad cloth. To give great gifts
at marriages and feasts may be magnificence; but if the law limits to a
certain summe, to goe beyond is pride and prodigality. This is the work
of God, though by the hands of <hi>Moses</hi> &amp; <hi>Aaron:</hi> for it matters not by what
means he effects his own purposes; by himself, or by his power admini<g ref="char:EOLhyphen"/>stred
by second causes.<note place="margin">Orat. 17.</note> The summe is this, which I represent in the words
of S. <hi>Gregory Nazianzen, Submittamus nos tum Deo, tum aliis, tum iis qui
Imperium in terra gerunt: Deo quidem omnibus de causis; alii autem aliis
propter charitatis foedus, principibus denique propter ordinem; publicaeque di<g ref="char:EOLhyphen"/>sciplinae
rationem. Let us submit our selves to God, to one another, and to
<pb n="26" facs="tcp:58903:324"/>
Princes: to God for all the reason in the world; to one another for charity's sake;
to Princes for order's sake, and the account of publick Government.</hi> But if
we refuse to obey Man, God will punish us; and if we refuse to obey
God, even the Prince ought to punish us; and both promote the inte<g ref="char:EOLhyphen"/>rests
of the same Kingdome. <gap reason="foreign">
                              <desc>〈 in non-Latin alphabet 〉</desc>
                           </gap>,
saith <hi>Justin
Martyr,</hi>
                           <note place="margin">Apolog. 2. pro Christ.</note> 
                           <hi>We pray you,</hi> O Kings and Princes, <hi>to punish them who are Christians
onely in name, and doe not live according to the decrees of our Great Master:</hi>
and then for their own interest this is his account, <gap reason="foreign">
                              <desc>〈 in non-Latin alphabet 〉</desc>
                           </gap>
                           <hi>We worship God alone, but in other things we gladly serve
and obey you,</hi>
                           <note place="margin">Lib. 1. de prae<g ref="char:EOLhyphen"/>cept. &amp; dispens. c. 11, 12.</note> 
                           <hi>confessing you to be the Kings and Princes of the people.</hi> I con<g ref="char:EOLhyphen"/>clude
this in the words of S. <hi>Bernard, Sive Deus, sive homo mandatum
quodcunque tradiderit, pari profecto obsequendum est cura, pari reverentia de<g ref="char:EOLhyphen"/>ferendum,
A law, whether given by God or by man, is to be observ'd by a like
care and a like reverence;</hi> alike in the kind, but not in the degree.<note n="*" place="margin">Videat lector Latomi librum [de Ecclesia &amp; legis humanae obligatione] &amp; Claudium Carninum [de vi &amp; potestate legum humanarum] Cajetanum verb<g ref="char:punc">▪</g> praeceptum, Navarrum, Card. Toletum de hac materia in libello de 7. peccatis mortal.</note>
                        </p>
                     </div>
                  </div>
                  <div n="2" type="rule">
                     <head>RULE II. Humane laws doe not oblige the Conscience to
an active obedience, when there is an imminent
danger of death, or an intolerable, or very grie<g ref="char:EOLhyphen"/>vous
evil in the obedience.</head>
                     <p>THis Rule is to be understood to be true regularly and ordinarily,<note place="margin">1.</note> and in
laws purely humane; that is, such which are not commentaries or de<g ref="char:EOLhyphen"/>fensatives
of a natural and a Divine law. For if the forbidden action have
in it any thing that is intrinsecally evil, then the action must not be done,
though to save our lives: for no sin ought to be the price of our life, and
we ought not to exchange an eternal life for a temporal. Here our Blessed
Saviour's words are plain, <hi>Fear not them which can kill the body;</hi> and
<hi>what profit have you, if you gain the whole world and loose your own soule?</hi>
and <hi>it is better to goe into life maimed and blind, then having two feet or two
eyes to goe into hell fire;</hi> and <hi>God is to be obeyed rather then man;</hi> and <hi>he that
would save his life shall loose it;</hi> and divers others to the same purpose.
Now when any thing of this nature is the subject matter of a humane law
directly, or if the violation of any thing of a Divine Commandement be
the consequent of the breach of a humane law, then the humane law binds
to its observation though with the loss of our lives.</p>
                     <p>But the question here is concerning meer humane laws established in
an indifferent matter;<note place="margin">2.</note> and in this it is that the Rule affirms that humane
laws doe not bind to their observation with the danger of life. The rea<g ref="char:EOLhyphen"/>sons
are these<g ref="char:punc">▪</g>
                     </p>
                     <p>1.<note place="margin">3.</note> Because the end of such laws is onely the good and convenience of
the lives of the Citizens. <hi>Omnibus à natura bene informatis insitum esse ut
<pb n="27" facs="tcp:58903:324"/>
nemini parere velint,</hi>
                        <note place="margin">Lib. 1. Offic.</note> 
                        <hi>nisi utilitatis causa &amp; legitimè imperanti,</hi> said <hi>Cicero,</hi>
Nature her self teaches all wise men to obey Princes that govern by laws,
and for the good of their Subjects. They therefore being wholly made to
minister to the circumstances of life, must not by our lives be ministred
unto; nothing being more unnatural and unreasonable then that a man
should be tied to part with his life for his convenience onely. It is not
worth it, it is like burning a mans house to rost his egges.</p>
                     <p>2. <hi>Eye for eye,</hi>
                        <note place="margin">4.</note> 
                        <hi>and tooth for tooth, and all that a man hath he will give
for his life:</hi> it is indeed the voice of nature and of this world, there is no
capacity to receive any good when our life is gone; and therefore nothing
of this world can make a man recompence for his life. That Law therefore
that pretends to doe advantages to our life, if it shall also require our life
for the securing such advantages, takes away more good then it pretends
to give, and makes the substance less principal then the accessary.</p>
                     <p>3.<note place="margin">5.</note> If humane Laws doe admit of equity (as it is confessed by all men)
there is no case so favourable as that of saving of our life: either then we
are to suppose the Laws to be made of a rock, and to yeeld to nothing, but
for ever to be a killing letter, and an instrument of the hardest bondage;
or else at least to be so compliant as to yeeld to her Citizens in the case
of life and death.</p>
                     <p>4. All humane power is given to man for his good,<note place="margin">6.</note> not for his hurt;
<hi>for edification, not for destruction.</hi> But it very often happens, and it is so
in most laws that are meerly humane, that the good of the particular law
is not so great as the saving the life of one man; and if such laws should
not yeeld to the perservation of so precious a life, it were a law made for
evil and not for good, a snare and no defence, an enemy and no guardian
or friend.</p>
                     <p>5. Necessity is the band,<note place="margin">7.</note> and necessity is the solution of a law. <hi>Ne<g ref="char:EOLhyphen"/>cessitas
facit licitum quod aliàs licitum non est,</hi> saith <hi>Alexander ad l. si ex
toto, ff. de legibus.</hi> To the same purpose is that of <hi>Seneca, Necessitas, ma<g ref="char:EOLhyphen"/>gnum
humanae imbecillitatis patrocinium, quicquid cogit, excusat, Necessity
makes every thing lawful to which it does compel.</hi> But of all necessities that
is the greatest which is the safety of our lives, and a rescue from death:
this case therefore is greater then the band of humane Laws.</p>
                     <p>6.<note place="margin">8.</note> The laws of God in precepts purely affirmative doe not oblige to
an actual obedience in the danger of death. That is, in such positive laws
of God which doe not involve a negative, of an intrinsick malice against
a law of nature or of prime rectitude, the laws of God intend not to oblige,
when death shall be the reward of him that does obey. Thus the <hi>Macca<g ref="char:EOLhyphen"/>bees</hi>
brake the rest of the Sabbath to defend themselves against their ene<g ref="char:EOLhyphen"/>mies;
and the Priests for the uses of Religion, and the Disciples of Christ
to satisfy their hunger; and Christ was their Advocate. Thus <hi>David</hi> and
his followers did eat the Shew-bread expresly against the commandement,
but it was in his great need; and Christ also was his Advocate and defen<g ref="char:EOLhyphen"/>ded
the fact: and if a probable necessity, that is a great charity and re<g ref="char:EOLhyphen"/>lief,
which is but the avenue and the address of an extreme necessity, be a
sufficient excuse from the actual observation of a law of God, positive and
<pb n="28" facs="tcp:58903:325"/>
affirmative, much more shall an extreme necessity excuse from such a law,
and therefore yet more strongly does it conclude against the pressure of a
humane law in such cases. And therefore the Church hath declared that
the Ecclesiastical laws of fasting doe not oblige in case of sickness or old
age, or journey and great lassitude, <hi>cap. consilium de observatione jejunii:</hi>
and thus also no man is bound to goe to Church on a festival to hear Di<g ref="char:EOLhyphen"/>vine
Service when an enemy lies in wait to kill him: that is, the laws of
the Church were intended for the good of the soul, and therefore not suf<g ref="char:EOLhyphen"/>fer'd
to doe hurt to the body; and as God affirms he will have mercy and
not sacrifice, and therefore himself makes his own laws, that can yeeld at
all, to yeeld to the occasions and calls of mercy: so does the Church in
the imitation of God, whose laws and gentleness is our best measure; not
that every little excuse and trifling pretence can excuse, but the danger of
death, or sickness, or some very great evil reasonably fear'd; of which I
shall by and by give an account.</p>
                     <p>Although the Rule thus understood be certain and evident for these
reasons,<note place="margin">9.</note> yet there are some <hi>adversaria</hi> or seeming oppositions very fit to
be considered; because although they doe not evacuate the intent of the
Rule, yet they give limit and further explication to it.</p>
                     <p>1.<note place="margin">10.</note> 
                        <hi>Cajetan</hi> affirms every law that binds under pain of mortal sin,
does also bind to obedience though death attend it; and his reason is, be<g ref="char:EOLhyphen"/>cause
we must rather die then commit a sin: and therefore let the instance
be what it will, if it ties to obedience by obliging the conscience, it is a sin
to disobey, and rather then sin we must chuse to die. 2. * And that no
man should question the power of the Superiour in obliging to suffer death,
we find by the practice and consent of all the world that Princes can call
their Subjects to battel, and command their Officers upon dangerous ser<g ref="char:EOLhyphen"/>vices,
and the Souldiers are bound not to desert their station; and the
Master of the Ship was oblig'd to put to Sea in a storm when <hi>Caesar</hi> bade
him. 3. * For since the law is intended for a publick good, the private
interest (be it never so great) is not to be put in ballance against it. And
therefore as it is in the Laws of God, and in the confession of faith, the
brave sons of <hi>Eleazar</hi> did suffer death with torments rather then eat swines
flesh, and the Martyrs gave their lives in a willing sacrifice rather then de<g ref="char:EOLhyphen"/>ny
their faith: so in their proportion it must be in the laws of men, they
must be kept up though we die for it. <hi>Melius est ut unus quàm Unitas, It is
expedient that one man die for the people,</hi> one member for the whole body,
rather one then the unity be dissolv'd, and the community ruin'd.</p>
                     <p>To these things I answer,<note place="margin">11.</note> first, that the proposition of <hi>Cajetan</hi> is not
true in its latitude. For whatever binds to obedience under pain of sin,
does not intend to bind to obedience with the loss of our life under sin.
It is true that we must rather die then sin; but we doe not sin in not
obeying, when he that obeys shall die for it; and that being the question
ought not to be presum'd by any opponent in prejudice of truth or pro<g ref="char:EOLhyphen"/>babilty.
Humane laws bind to obedience, and Gods law annexes the pe<g ref="char:EOLhyphen"/>nalty
of sin; but then Gods law coming in to second mans law, seconds
it but in what it would oblige. But humane Laws doe not intend, regularly
and in all cases to be obeyed with the loss of life or limb; and when the
Law does not sufficiently express such intention, we are to presume for
<pb n="29" facs="tcp:58903:325"/>
liberty and mercy. * Now that which follows is true in some sense; the
publick is to be preferr'd before the private, and the supreme power can
oblige the Subjects to suffer death or to venture their lives: but this cannot
be in all cases. For if in all, then is the Magistrate the Lord of life and
death, which is Gods peculiar; but if he could in no case, then he were not
the minister of life and death, which is communicated to the Magistrate.
The inquiry therefore now is, since regularly he cannot, and yet extraor<g ref="char:EOLhyphen"/>dinarily
the supreme power can tie on his laws upon our shoulders with
the cords of death, in what cases this is true, and in what it fails.</p>
                     <p>1.<note place="margin">12.</note> When a Law is decreed by man with the appendage of a penalty of
death for its sanction, it can bind to obedience though death be in it. For
since the matter of the law is by the Legislative power valued at the price
of our lives, and by accident the very keeping of it as well as the breaking
is set at no less price, the evils of either side being equal, the presumption
and advantage must be on the part of justice and the law, not for injustice,
tyranny and disobedience. And so much the rather, because that the obe<g ref="char:EOLhyphen"/>dience
should cause death is but rare and accidental, not foreseen, but sel<g ref="char:EOLhyphen"/>dome
happening; but the law threatning death to the disobedient is a re<g ref="char:EOLhyphen"/>gular,
constant, observed, and declared provision: and therefore that
which is for good, and regularly is established by the fear of death, is not
to be put out of countenance by a contingent, rare and extraordinary fear,
and which also is intended for evil; for which in this case there could be
no provision, and therefore there ought to be no regard. But this holds
onely in case that death on either side be equally certain; for if it be cer<g ref="char:EOLhyphen"/>tain
the obedient man shall die by the hand of a Tyrant, or an accident that
is prepar'd, and it be likely he may escape from the hands of the law by con<g ref="char:EOLhyphen"/>cealment,
or by the relief of equity or charity, then the natural right of
self-preservation will be his apology; this man despises not the law, but
extricates himself as well as he can, and for a reason, which of all conside<g ref="char:EOLhyphen"/>rations
meerly humane is the greatest.</p>
                     <p>2.<note place="margin">13.</note> When the Tyrant power threatens death to obedient Subjects, for
no other end but that the Subject should contemn the law, then the Supe<g ref="char:EOLhyphen"/>riour
can oblige us to obedience though we die for it. For it is in this as
in those positive and affirmative laws of God, which although they yeeld
to save the Subjects life, yet they will never yeeld in the corruption of the
Subjects manners: that is, they yeeld in charity, but not to serve a Ty<g ref="char:EOLhyphen"/>rants
lust. And thus we understand the reason of the difference between
the cession of the law of the Sabbath in the case of the Maccabees, and the
not cession of the prohibition of swines-flesh in the case of the Jewish sub<g ref="char:EOLhyphen"/>jects.
For the fear of death was equal to them both: if the Princes did
not fight upon the Sabbath, they should be cut in pieces; and if the Sub<g ref="char:EOLhyphen"/>jects
did not eat swines-flesh, they should die with torments. But they
preserv'd themselves, and these did not, and both were innocent. The
reason of the difference is plainly this; They that offer'd swines-flesh to
these did it as <hi>enemies of the Religion;</hi> they that fought with those upon
the Sabbath did it as <hi>enemies of the Nation,</hi> onely they would take advan<g ref="char:EOLhyphen"/>tage
by the prohibitions of the Religion. Now when death is threatned
by the <hi>enemies of the Religion,</hi> it is with purpose to affront it, or destroy
it; and therefore if the Mother and her seven sons had complied, it had
been a renouncing of their faith and their religion, and a contempt of their
<pb n="30" facs="tcp:58903:326"/>
law; which could not be supposed in the other case of the Princes, not
onely because both the Princes and the Army could not be supposed to be
despisers of the law, but also because that very breaking of the law, was
with fighting in the defence of the law and the whole Nation. And so it
is in humane Laws: The sacredness of the Authority may be established
with our life; and because to contemn them is always a sin, we must ra<g ref="char:EOLhyphen"/>ther
die then doe it, though the matter of it self be less and doe not require
it. But this is also to be limited. For it is true that we must rather die
then contemn the laws, but yet he that breaks them for no other reason
then to save his life, is not a contemner of the law, for he hath great
reason, and a great necessity; and therefore it is not contempt, but is to be
presum'd the contrary, therefore this is to be understood, when</p>
                     <p>1. Either the law expresly commands we should die rather then
break it. Or</p>
                     <p>2. Hath declar'd that in such circumstances to comply shall be a con<g ref="char:EOLhyphen"/>tempt
by interpretation. Or</p>
                     <p>3. When it is notorious that it is so intended by the Tyrant power: and</p>
                     <p>4. The Law-giver expresly requires our fortitude and resistance; for
unless it be in such cases, though the law can bind, yet it does not. The
summe is this; when death is likely to be the consequent of obedience by
accident and the chance of things or the providence of God abstractly, then
it is not to be expounded to be contempt. Because in such cases God
tempts not. But when an enemy or a Tyrant power tempts with the fear
of death, he does it in defiance of the law or the authority, and therefore
here we must obey and die. And this distinction is very much to be regar<g ref="char:EOLhyphen"/>ded.
For if a Prince or an Ecclesiastick Superiour make a Law, it is to be
presumed that they doe it not (for they have no interest to doe it) in despite
of chance to binde to obedience in the danger of death: and therefore it is
a rack of their power to extend it to such a case. But they may have in<g ref="char:EOLhyphen"/>terest
and publick necessity to exact this obedience when an opposite pow<g ref="char:EOLhyphen"/>er
threatens death, that they may destroy the Law.</p>
                     <p>3. The same also is the case of <hi rend="sup">1</hi> Scandal,<note place="margin">14.</note> or <hi rend="sup">2</hi> injury to Religion, or
<hi rend="sup">3</hi> the Confession of our faith, in all which cases we are oblig'd to die ra<g ref="char:EOLhyphen"/>ther
then break a positive law of God or Man. And this is that which
S. <hi>Austin</hi> said, <hi>Satius est fame mori quam idolothytis vesci, It is better to di<gap reason="illegible" resp="#TECH" extent="1 letter">
                              <desc>•</desc>
                           </gap>
with hunger,</hi>
                        <note place="margin">Lib. de bono conjug. cap. 16.</note> 
                        <hi>then to save our lives by eating things sacrificed to idols.</hi> That
is, when the so doing is an interpretative renunciation of our religion, or
the laws of our Superiour forbidding it, or is a scandal to a weak brother.
And this is it that S. <hi>Paul</hi> said, <hi>I will eat no flesh as long as the world stands
rather then cause my brother to offend.</hi> But in this there is no difficulty.</p>
                     <p>4. Humane Laws bind to their observation though with the danger of
death,<note place="margin">15.</note> when that danger is either expresly in the law, or in the matter
and instance of it annexed to the obedience. Thus the supreme Power can
command the Curates of souls to attend a Cure in the time of the Plague,
<gap reason="illegible" resp="#TECH" extent="1 letter">
                           <desc>•</desc>
                        </gap>o goe to Sea in a storm, to stand in a breach for the defence of the Army.
For in these cases he that hath power to doe it, hath expresly commanded
it; and to undergoe the danger of death is of the substance of the action
and obedience, and is neither besides the intention nor the knowledge of
the Law-giver: and therefore if the Law did not bind to obedience not<g ref="char:EOLhyphen"/>withstanding
the danger of death, it were no law at all. For to a Prince
<pb n="31" facs="tcp:58903:326"/>
commanding to goe to Sea in a storm, it is in vain to say it is a storm; and
that Souldier is a fool that tells his General he is afraid to die, when he
sends him upon an honourable service.</p>
                     <p>5. But all these cases are to be provided so that they be <hi>in gravi ma<g ref="char:EOLhyphen"/>teria,</hi>
                        <note place="margin">16.</note>
that the cause be great, and the necessity urgent, and the publick
good concerned, for mens lives are not to be jested away: and though
<hi>Scipio Major</hi> had power to carry his three hundred brave fellows (that he
so boasted of in <hi>Sicily</hi>) to the African warre, yet he had no power to com<g ref="char:EOLhyphen"/>mand
them to run up the neighbouring Tower and leap headlong into the
Sea for bravery and to shew his power.</p>
                     <p>6. One thing more is to be added.<note place="margin">17.</note> In those cases in which humane
Laws doe oblige even in the danger of death, they doe not oblige but for
their whole portion; that is, when the whole end of the law is not de<g ref="char:EOLhyphen"/>stroyed
or hazarded by the disobedience, but that the caution and end of
the law may be secur'd and observ'd in all or in the greatest part; a man
may then by not observing the law, save his own life and be innocent. And
this is the rule of <hi>Aquinas,</hi> and it is very reasonable, <hi>Quando est causa ra<g ref="char:EOLhyphen"/>tionabilis,
&amp; non impeditur finis legis, not peccat mortaliter qui non obser<g ref="char:EOLhyphen"/>vat
legem, Upon a just cause a man may without a crime break a law, when
by such transgression the end of the law is not hindred.</hi> As if a law be made
that corn shall not be transported, because of an imminent famine, and for
the preservation of the Citizens, if any man to save his life shall comply
with an inevitable accident and necessity, and carry some abroad, his ne<g ref="char:EOLhyphen"/>cessity
is a just excuse, because he hath not destroyed the end of the law,
since his proportion and lading causes no sensible detriment to the publick:
and though every single man must not pretend that his single proportion
will be no great matter (because that is not sufficient unless there be a great
necessity to doe it;) yet when there is such a necessity, it will suffice that
he did it not but upon a violent need, and what he did was not a destru<g ref="char:EOLhyphen"/>ction
to the end of the law; and his example cannot have any evil effect
of it self; for other men cannot say, Why may not I as well as he? Un<g ref="char:EOLhyphen"/>less
the necessity be as exemplary as the action, and unless they be in the
like evident danger of death, they cannot pretend to the like impunity.
They that are in no danger may not, but he that is may, when the Sub<g ref="char:EOLhyphen"/>jects
safety can stand with the safety of the publick. For although the
head may expose one member to loss and amputation to preserve the
whole, yet when the whole can be safe without it, the member may pre<g ref="char:EOLhyphen"/>serve
it self and refuse to be cut off: and <hi>nothing is greater then the safety of
a part, but the safety of the whole.</hi>
                     </p>
                     <p>But the Rule affirms that not onely danger of death,<note place="margin">18.</note> but the avoy<g ref="char:EOLhyphen"/>ding
of a very grievous and intolerable evil is sufficient to excuse disobe<g ref="char:EOLhyphen"/>dience
to humane Laws from being a sin. But this is particularly to be con<g ref="char:EOLhyphen"/>sidered
in the following Rules.</p>
                  </div>
                  <div n="3" type="rule">
                     <pb n="32" facs="tcp:58903:327"/>
                     <head>RULE III. The Laws of our Superiour that are not just and
good, doe not oblige the Conscience.</head>
                     <p>1. LAws are publick mischiefs if they bind to injustice; and therefore to
establish any thing that is unjust or evil is against the nature of Laws,
and the power of the Superiour, and the intendment of the Supreme. For
God gives to no man power above or against himself.</p>
                     <p>Now a Law is unjust upon many defects.</p>
                     <p>1. If it be made by an incompetent person,<note place="margin">2.</note> that is, one who hath no
authority. <hi>Cajus</hi> and <hi>Sejus</hi> were fellow-servants to <hi>Ruricanus. Cajus</hi> com<g ref="char:EOLhyphen"/>mands
<hi>Sejus</hi> to goe to plough. <hi>Sejus</hi> demands, <hi>quo jure?</hi> And he was in
the right. <hi>Cajus</hi> was the wiser man, and he was the older, and better im<g ref="char:EOLhyphen"/>ployed,
but he was not his Lord.<note place="margin">Clement. Exivi de Paradiso, de verb. signif.</note> 
                        <hi>Par in parem imperium non habet,</hi> says
the Law.</p>
                     <p>2. If it be made in an incompetent and undue matter.<note place="margin">3.</note> When <hi>Saul</hi>
commanded the man of <hi>Amalek, Sta super me, &amp; interfice me,</hi> Fall upon me
and kill me; he was indeed a Prince, but in that matter he could make no
law, and therefore was not to be obeyed. And the Ancients tell that when
<hi>Mercury</hi> was accus'd for the murder of <hi>Argus,</hi> though he pleaded that he
did it by the command of <hi>Jupiter,</hi> yet the Gods did not acquit him: and
though <hi>Marc Anthony</hi> did worse for his own revenge to kill <hi>Cicero,</hi> yet <hi>Po<g ref="char:EOLhyphen"/>thinus</hi>
did ill too when he kill'd the brave <hi>Pompey,</hi> though at the command
of his Master <hi>Ptolemy.</hi>
                        <q>
                           <l>Antoni tamen est pejor quàm causa Pothini;</l>
                           <l>Hic facinus Domino praestitit, ille sibi.</l>
                        </q>
                     </p>
                     <p>
                        <hi>Anthony</hi> was infinitely to be condemn'd, and <hi>Pothinus</hi> not to be justified.
And upon this account, every law made against Religion, or any thing of
Divine sanction and commandement, is void, and cannot oblige the consci<g ref="char:EOLhyphen"/>ence.
To which purpose who please, may read an excellent discourse of
S. <hi>Bernard</hi> in his seventh Epistle which is to <hi>Adam</hi> the Monk. Upon this
account a Thief cannot begin a prescription against the right of the just
owner, because his theft being against the law of God, cannot begin a just
title by the laws of men. Thus although the laws<note n="*" place="margin">L. in causae. §<g ref="char:punc">▪</g> idem <gap reason="illegible" resp="#TECH" extent="1 letter">
                              <desc>•</desc>
                           </gap>ompo<g ref="char:EOLhyphen"/>nius. ff. de mi<g ref="char:EOLhyphen"/>noribus. &amp; l. item si precio. §. quemadmo<g ref="char:EOLhyphen"/>dum. ff. locati &amp; conducti.</note> permit a man to possess
what by an unjust price or bargain he hath acquir'd, yet because this is un<g ref="char:EOLhyphen"/>just
and uncharitable to deceive his neighbour, the injurious person is
bound to restore, and is not indemnified before God by any warranty from
the contrary civil law: <hi>Ye shall not lie,</hi> saith our Lord God, <hi>nor deceive every
one his neighbour:</hi>
                        <note place="margin">Levit. 19.</note> and let <hi>no man defraud</hi> or <hi>circumvent his neighbour in
bargaining,</hi>
                        <note place="margin">1 Thes<gap reason="illegible" resp="#TECH" extent="1 letter">
                              <desc>•</desc>
                           </gap>. 4.</note> saith S. <hi>Paul.</hi> 
                        <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>, said the old Attick law,
from the voice of nature; which <hi>Cicero</hi> well renders, <hi>tollendum esse ex re<g ref="char:EOLhyphen"/>bus
contrahendis omne mendacium, no lie must at all<gap reason="illegible" resp="#TECH" extent="1 letter">
                              <desc>•</desc>
                           </gap>be used in bargaining:</hi>
and therefore the law of man to the contrary is invalid; though I suppose
the civil Law intends onely to barre an action in the outward Court, but
not to give warrant to the conscience.</p>
                     <p>
                        <pb n="33" facs="tcp:58903:327"/>
3. Humane laws may be unjust when a just power in a competent
matter passes on to excess,<note place="margin">4.</note> and goes beyond it's bounds. He that excom<g ref="char:EOLhyphen"/>municates
one that is not of his Diocess does not oblige the excommu<g ref="char:EOLhyphen"/>nicate
person by the sentence: and <hi>Pilate</hi> had nothing to doe with the
Holy Jesus till <hi>Herod</hi> had sent him back to him; for to his jurisdiction
he did belong. Thus if a Priest or a Bishop absolves a guilty person<g ref="char:punc">▪</g> he
binds himself, but looses not the other. For no excess of power produces
any effect of law, or tie upon the Conscience. And to this purpose is that
Rule of the law,<note place="margin">Cap. at si Cle<g ref="char:EOLhyphen"/>rici. in princip. de Judi<g ref="char:punc">▪</g>
                        </note> 
                        <hi>Sententia non à suo Judice lata, nulla est:</hi> which is excel<g ref="char:EOLhyphen"/>lently
rendred by S. <hi>Paul, What art thou, O man, who judgest another mans
servant?</hi> Upon this account,<note place="margin">Rom. 14.</note> all humane laws prescribing to the Consci<g ref="char:EOLhyphen"/>ence,
or giving bounds to the thoughts, are null. For in these things God
onely is Judge, and all other Judicatories are incompetent: I say all other
<hi>judicatories;</hi> for as for sentences declaratory of a Divine law, that is not
under this restraint. But of that in it's own place.</p>
                     <p>4. Humane laws may be unjust,<note place="margin">5.</note> by a defect of the just and due end;
that is, when the law does not contribute to the publick advantage, but
wholly to his private who made the law. If the law be apt to minister to
the publick good, whatever the private interest and design of the Prince
be, it may spoil the man but not the law. If a Prince espying the luxury of
feasts and garments make sumptuary laws, and impose fines upon the trans<g ref="char:EOLhyphen"/>gressors,
and does this onely to get the money, indeed he is not a good
man; but so long as the law is good, it does oblige the Conscience. The
enemies of the memory of K. <hi>Henry</hi> 8. of <hi>England</hi> pretend that he annull'd
the <hi>Popes</hi> authority in <hi>England</hi> onely upon designs of lust and revenge. Sup<g ref="char:EOLhyphen"/>pose
this true; yet as long as he did good, though for evil ends, it is the
worse for him, but not for us; but if the Prince does not, yet the law must
intend the publick benefit: and that also is the duty of the Prince. <hi>Non
prospectantes proprii jura commodi,</hi>
                        <note place="margin">Cap. 10.</note> 
                        <hi>sed consulentes patriae atque genti,</hi> said the
Fathers of the eighth Council of <hi>Toledo.</hi> Kings must not look after their
own profit, but make provisions for their country and their people. <hi>Offi<g ref="char:EOLhyphen"/>cium
est imperare, non regnum,</hi>
                        <note place="margin">Epist. 91.</note> To rule is not empire, but office, said <hi>Se<g ref="char:EOLhyphen"/>neca;</hi>
and therefore the Greeks call Kings <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>,
saies <hi>Plutarch,</hi> that signifies persons appointed to take care and to defend
the people.
<q>
                           <l>Tu civem patremque geras,<note place="margin">Claudian. ad Honor.</note> tu consule cunctis,</l>
                           <l>Non tibi, nec tua te moveant sed publica damna.</l>
                        </q>
                     </p>
                     <p>Take care of the publick, not of thy particular, and let the common cala<g ref="char:EOLhyphen"/>mity
move thee most: and since the power it self is designed for the publick
good,<note place="margin">L. 1. ff. de legi<g ref="char:EOLhyphen"/>bus.</note> the laws must be so too. And therefore when the law saies that a
law ought to be a common precept; that is, <hi>pro communi utilitate statutum,</hi>
saies the gloss, that is, <hi>it must be for the common good. Conditur uti<g ref="char:EOLhyphen"/>litatis
gratiâ lex,</hi> saies <hi>Plato, every just law is made for the good of the people:</hi>
and from him <hi>Marsilius Ficinus</hi> defines a law to be,<note place="margin">In Hippia.</note> 
                        <hi>a true manner of
governing, which by profitable ways tends to the best end,</hi> that is, <hi>the pub<g ref="char:EOLhyphen"/>lick
good;</hi> and <hi>Isidore</hi> saies, <hi>Lex erit omne quod ratione constiterit, duntaxat
quod religioni congruat, quod disciplinae conveniat, quod saluti proficiat,</hi>
                        <note place="margin">Lib. 3. cap. 3.</note> 
                        <hi>A
law is that which agrees with reason, that is consonant to religion, and accords
with discipline, and is profitable and does good.</hi> And therefore if a Prince
make a law which is for his own profit, and not for the publick good, he is
a Tyrant; and his laws have no sanction but fear, and noe tie at all upon the
<pb n="34" facs="tcp:58903:328"/>
Conscience. And this is the doctrine of <hi>Aristotle,</hi> 
                        <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>
A King and a Ty<g ref="char:EOLhyphen"/>rant
differ very much:<note place="margin">Ethic. lib. 8. c. 10.</note> 
                        <hi>A Tyrant considers his own profit; a King the profit
of his people:</hi> and under this consideration comes that Prince that laies grie<g ref="char:EOLhyphen"/>vous
burthens upon his people. <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>
                        <hi>Those that take
great summs from them they ought not,</hi>
                        <note place="margin">Lib. 4. Eth. cap. 1.</note> 
                        <hi>and those which they ought not, as Ty<g ref="char:EOLhyphen"/>rants,
destroyers of Cities and robbers of Temples, we doe not call them Cove<g ref="char:EOLhyphen"/>tous,
but wicked, and impious, and unjust.</hi> And therefore they who doe such
things by laws made on purpose, doe it by tyranny, and therefore not by
law, or just authority, &amp; consequently by none. In such cases we must suffer
as it happens: but we may avoid the burden of the law, where we can
peaceably and privately. For all such things as are against the good of
the subjects, the law it self declares to be no law; that is, to be more then
the superior hath right or leave to doe. <hi>Nulla juris actio aut benignitas
patitur ut quae salubriter pro hominum utilitate introducuntur, ea nos duriore
interpretatione contra ipsorum commodum producamus ad severitatem,</hi> saies
the law, <hi>l. nulla, ff. de legibus: No law, no charity suffers us to make that by
interpretation hard and against their profit, for whose profit it was first decreed
by a salutary sanction.</hi> And therefore it is observable that all laws doe in<g ref="char:EOLhyphen"/>finitely
decline all harsh senses, and are ambitious of gentle and benign
interpretations; which is in the whole world the greatest declaration that
law-givers as they ought not, so they profess they doe not intend to
grieve the subject by an unequal burden. It was a Princely saying of <hi>Trajan,</hi>
when he put a sword upon the thigh of the Prefect of the Praetorian bands,
<hi>Cape hunc, &amp; si quidem rectè &amp; ex utilitate omnium imperavero, pro me, sin
aliter, contra me utere, Use this sword on my behalf if I govern rightly and
to the publick benefit; if not, use it against me.</hi> That was too much, but his
purpose was excellent; he knew it was his duty to rule by that measure
onely; beyond that his power was incompetent. <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>,
<hi>He that does not so, is a King
by fortune,</hi>
                        <note place="margin">Ubi suprà.</note> 
                        <hi>but indeed a Tyrant, and any thing rather then a King.</hi> 
                        <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>,
saies <hi>Aristotle, For he pursues his own,</hi> not his peoples <hi>good:</hi>
and that is <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>, <hi>the stain of Monarchy,</hi> that is, plainly
Tyranny. <hi>Tiberius</hi> said well, <hi>Dixi &amp; nunc &amp; saepe alias, P. C. bonum &amp;
salutarem principem, quem vos tanta &amp; tam libera potestate instruxistis, Se<g ref="char:EOLhyphen"/>natui
servire debere, &amp; universis civibus; saepe ac plerumque etiam singulis,
neque id dixisse me poenitet.</hi> A good and a gentle Prince ought to serve the
profit of his Nobility, his Senate and Citizens; not onely all but each
single Citizen, as there is occasion: and therefore <hi>Rudolphus</hi> of <hi>Austria</hi>
was very angry with his Guards for hindring petitioners to come to him;
Let them come, saies he, for I was not made an Emperor to be shut up in a
box. <hi>Sinite parv<gap reason="illegible" resp="#TECH" extent="1 letter">
                              <desc>•</desc>
                           </gap>los ad me venire</hi> saith our Bl. Lord, the King of Kings,
and the Lord of Lords, <hi>Suffer my little ones to come unto me.</hi> But the
reason and demonstration of all is contained in those words of <hi>Seneca,</hi> say<g ref="char:EOLhyphen"/>ing
a Prince should think with himself,<note place="margin">De Clemen<gap reason="illegible" resp="#TECH" extent="1 letter">
                              <desc>•</desc>
                           </gap>. 1.</note> 
                        <hi>Ego ex omnibus mortalibus placui
electusque sum qui Deorum vice in terris fungerer, I am chosen from the heap
of mortals to stand in the place of God,</hi> to doe as he does; that is, to doe
all things justly, and to doe all things for the benefit of the people: now
since the Prince hath his power from God, he can have no power to doe
otherwise then God does. <hi>Admittere in animum totius reip. curam &amp;
<pb n="35" facs="tcp:58903:328"/>
populi fata suscipere, &amp; oblitum quodammodo sui, gentibus vivere; noctes
omnes diesque perpeti solicitudinem, pro salute omnium cogitare.</hi> So <hi>Pliny</hi>
describes the office of a Prince, <hi>to take care of the whole republick, to live to
them not to himself; daies and nights to suffer anxiety in thinking for the
profit and welfare of all.</hi> This is the limit of a Princes power so far as he
relates to Conscience. For beyond this the Conscience is not bound. The
body is, and we must suffer patiently the evil which we cannot deprecate;
but laws that are made to purposes beyond these measures doe no waies
oblige the Conscience. <hi>He is the Minister of God for thy good,</hi> saith S. <hi>Paul;</hi>
otherwise he is not Gods Minister, and hath to other purposes none of
Gods authority, and therefore cannot oblige the Conscience to an active
obedience in such where his power is incompetent to command.</p>
                     <p>5. Thus,<note place="margin">6.</note> when a law by the change of things or cases is become an
enemy to the common good, it is not to be observed, saith <hi>Aquinas;</hi> and
he gives this instance: A law is made that in the time of sieges the gates
of a City be alwaies kept shut; but the guards are not tied to obey this
law, when the citizens fly thither from the danger of the enemy: and so
in all equal cases, concerning which this is the Rule.</p>
                     <p>The Prince is to be presumed good and gentle;<note place="margin">7.</note> and if he be not so,
he is to be suppos'd so, and made so at least by fiction of law: whatso<g ref="char:EOLhyphen"/>ever
therefore case does happen in which the Citizens are grieved, it is to
be supposed that it is besides the intention of the law, and was not in the
prevision of the Prince; but we are to rely upon this, That he who is
good and gentle, and a Father of his Country, would, if he were here and
observed this evil, untie the law, that he might not tie us to the evil: and
because he is not here, but his will is here, the law with so much evil to us
is not to be observed; for his leave to break it is to be presumed.</p>
                     <p>6. Hither is to be reduced the injustice of unequal distributions;<note place="margin">8.</note> such
as is, a law forbidding beggers to goe from place to place to seek relief,
when there is no relief at home; the law of commanding every village or
parish to provide for their poor, which indeed is piously and charitably
intended, but because when it is reduc'd to practice it falls heavily upon some,
and others touch it not with the top of their fingers, the law which was
good <hi>in thesi,</hi> proves unjust <hi>in hypothesi,</hi> and therefore does not oblige
the Conscience; but they who are under it, may not onely seek relief by
petition, but by avoiding it where they can piously and charitably, accor<g ref="char:EOLhyphen"/>ding
to the measures by and by to be described. For it is the voice of
natural justice and reason, which S. <hi>Paul</hi> urges to his <hi>charges, not that there
should be ease to one and burden to another:</hi> this is against equity, as having
in it so great disproportionate inequality.</p>
                     <p>7. Lastly,<note place="margin">9.</note> of the same consideration it is, that in the making laws of
burden, there be equality and proportion between the burden and the cause
of the imposition; that the burden be not greater then the evil it intends
to remedy, nor the remedy greater then the disease needs, nor yet greater
then men can bare. For what is excessive in these case, is against the
charity and justice of the Prince, and is matter of rapine and impiety, not
of subsidy and prudent provisions: and therefore though it may oppress
the subject, who hath no remedy but prayers and tears; yet the Conscience
<pb n="36" facs="tcp:58903:329"/>
is at liberty, and may procure remissions by any waies of peace and
piety.</p>
                     <p>But in the reducing of this to practice,<note place="margin">10.</note> these cautions are to be ob<g ref="char:EOLhyphen"/>served.</p>
                     <p>1. That though the conscience be free from all laws which are unjust
upon any of these accounts, yet that the law be not disobeyed with the
scandal and offence of others, it must be so done that none be taught to
rebel, or evacuate the law upon pretences and little regards, nor that our
duty and religion be evil spoken of, nor that the Superiour be made jea<g ref="char:EOLhyphen"/>lous
and suspicious. When our Blessed Saviour had proved himself free
from tribute, and that in conscience he was not bound to pay it, yet that
he might not give offence, he submitted to the imposition. And this cau<g ref="char:EOLhyphen"/>tion
is given by all the Doctors, who follow <hi>Bartholus</hi> in it, <hi>capite</hi> 1. <hi>de
constitutionibus.</hi>
                     </p>
                     <p>2. The inconvenience of the republick must not be trifling and con<g ref="char:EOLhyphen"/>temptible,<note place="margin">11.</note>
but so great as must in the judgement of good and prudent men
be a sufficient cause of annulling the law, so great as must reasonably out<g ref="char:EOLhyphen"/>weigh
the evil of material disobedience. And therefore in the injustice of
unequal distributions, and imposition of taxes, we are not to complain for
every little pressure, nor yet to weigh the proportions in gold-scales; for
it is a greater duty of charity that the Subject quietly bear a little load for
peace sake and example and compliance, then it can be of duty in the
Prince to make such exact, curious and Mathematical proportions.</p>
                     <p>3. The inconvenience and injutice must be certain,<note place="margin">12.</note> notorious, and re<g ref="char:EOLhyphen"/>lied
upon, before it can be made use of to the breach of a law. For it is no
warranty to disobey, that I fancy the law to be unjust: &amp; therefore in this
case the best security we can have is, that either it be so declared by the
voice of all men, or the more sober accents of the wise men, or be evident
in it self according to the strictest measures; for where there is a doubt<g ref="char:EOLhyphen"/>ful
case, the presumption always is for obedience, not against it: for al<g ref="char:EOLhyphen"/>though
usually in doubts, the presumption is for liberty, yet that is either
between private persons, or when the Superiour makes a doubt concerning
his own laws, then he is to judge for liberty and ease; but in our own cases,
and in dispute with a law, the presumption is on behalf of the law, because
ordinarily that is the greates interest, and the greatest reason.</p>
                     <p>4. When there is a favourable case for breaking a law,<note place="margin">13.</note> if we have
time and opportunity we must ask leave of the Superiour. Because as
that does honour to the Superiour, and gives value to the law; so it is the
greatest course of security, because it makes him Judge who onely can
complain. But to this we are not oblig'd if the case be evident, or if the
danger of evil be imminent and sudden, and there be no time or opportu<g ref="char:EOLhyphen"/>nity
to require it: In these cases a leave is to be presumed, or else it need
not, for the law does not oblige.</p>
                     <p>5. This is to be practis'd onely when the law is against the publick
good.<note place="margin">14.</note> For if it be still consistent with the publick interest, though it be
against the good of a particular person, the law hath left a power of dispen<g ref="char:EOLhyphen"/>sation
in the appointed Ministers; but a private person may not so easily
break the law, at least he is tied to other conditions, and more caution,
<pb n="37" facs="tcp:58903:329"/>
and a severer conduct; of which I am to give account in the Chapter of the
Diminution of Laws. But for the present, the difference is onely in specu<g ref="char:EOLhyphen"/>lation:
for notwithstanding the personal inconvenience, the law does still
bind the conscience of the Subjects in general; but if it be against the pub<g ref="char:EOLhyphen"/>lick
emolument, then the law ceases, and it does not oblige. In the first
case the particular is to be relieved by a way of his own; of which I am
afterwards to speak: but in this case the conscience is at liberty. Thus
when the Church makes a law that upon a certain day the people shall meet
in publick, and spend their day in fasting and prayer; it is a good law,
and may be for the publick good, though <hi>Petronia</hi> and <hi>Abbatilla</hi> be with
child and cannot fast: All are bound, but from these the yoke may be lif<g ref="char:EOLhyphen"/>ted
up for the present. But if a Church make a law that all the Clergy
shall lose their livings and their office if they marry; here there is a mis<g ref="char:EOLhyphen"/>chief
to the publick, to a whole order of men; and the law cannot doe so
much good accidentally, as it directly does mischief. And the confession
of <hi>Suarez</hi> upon another occasion, but in this very instance, is remarkable,
<hi>Custodiam virginitatis esse opus supererogationis, quod necessariam non habet
conjunctionem cum fine publici commodi;</hi>
                        <note place="margin">Lib. 3. de le<g ref="char:EOLhyphen"/>gib. cap. 30. <gap reason="illegible" resp="#TECH" extent="1 letter">
                              <desc>•</desc>
                           </gap>. 11.</note> 
                        <hi>&amp; ergo non posse praecipi lege hu<g ref="char:EOLhyphen"/>mana,
That virginity should be kept is a work of supererogation, that hath no
necessary conjunction with the end of any publick good; and therefore cannot
be enjoyn'd by a humane law.</hi> Either then the law of the Church of <hi>Rome</hi>
forbidding the Clergy to marry, does not tie them to be Virgins, but gives
them leave to fornicate; or if it does tie them to a Virgins state, she makes
a law which is not for the publick good, and therefore in which she hath
no competent authority. This therefore is an unjust law, and does not
oblige the conscience. <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>,
said <hi>Polycarpus; We are
taught to give to Princes and the powers set over us by God such honour and
obedience as may not hurt us.</hi>
                     </p>
                  </div>
                  <div n="4" type="rule">
                     <head>RULE IV. A law that is founded upon a false presumption,
does not oblige the Conscience.</head>
                     <p>THE case is this;<note place="margin">1.</note> 
                        <hi>Francisco Biretti</hi> a Venetian Gentleman, full of <hi>amours,</hi>
&amp; us'd to vain and wanton addresses, courts <hi>Julia</hi> a Senators daughter,
but with secret intent to abuse her and so to leave her. <hi>Marco Medici</hi> the
Father of <hi>Julia</hi> by threats and harsh usages forces his daughter <hi>Julia</hi> to
consent to a contract with <hi>Francisco:</hi> who perceiving himself surprised,
and that the matter was pass'd further then he intended it, resolv'd to
make the best of it, to make a contract, to lie with her, and so to leave her.
He does so, surprises her in the careless hours of the day, and the nakedness
of her soul, and with flatteries mingled with the affrighting name of her
harsh Father, acts his intention, and then pursues it till he was weary of
her, and then forsakes her. She complains, and desires remedy. The
law declares their congress to be a marriage. But in the mean time <hi>Fran<g ref="char:EOLhyphen"/>cisco</hi>
pass'd into <hi>Sicily,</hi> and there married <hi>Antonia Peronetta</hi> a Sicilian La<g ref="char:EOLhyphen"/>dy;
her he lov'd, intended to make her his wife, and did so. Now the law
presumes that after contract, their congress did declare a marriage, <hi>cap. Is
qui fidem,</hi> and <hi>cap. Tua nos, de sponsal.</hi> for it supposes and presumes a con<g ref="char:EOLhyphen"/>sent,
<pb n="38" facs="tcp:58903:330"/>
and yet withal says if there was no consent, it was no marriage. Here
<hi>Francisco</hi> is condemn'd by the presumption, and reliev'd in conscience. For
if he did not lie with her <hi>affectu maritali,</hi> but onely intended to abuse her,
he was indeed extremely impious and unjust; but he made no marriage,
for without mutual consent marriages are not made. Yet because of this,
the law could no way judge but by outward significations, and <hi>ut pluri<g ref="char:EOLhyphen"/>mùm,</hi>
for the most part it is so that contract and congress doe effect as
well as signify a marriage, the law did well to declare in the behalf of <hi>Ju<g ref="char:EOLhyphen"/>liae:</hi>
but <hi>Francisco,</hi> who knew that which the law could not know, was
bound to make amends to <hi>Julia</hi> as well as he could, but to pursue the
marriage of <hi>Anthonia</hi> and dwell with her. For the presumption upon
which this law was founded was false; the congress did not prove a mar<g ref="char:EOLhyphen"/>riage,
for it was never intended: the presumption was probable, but fail'd
in this instance, and therefore in this case did not oblige the conscience.
Conscience is to be guided by presumptions when it hath no better guide;
but when it hath a certain truth to guide it, it is better then the best pre<g ref="char:EOLhyphen"/>sumption
or probability. * Besides this, when a law is made upon a sup<g ref="char:EOLhyphen"/>position,
and relies upon that alone, in case that should fail, it is to be pre<g ref="char:EOLhyphen"/>sum'd
that the Law-giver does not intend to bind. When the men of <hi>Ae<g ref="char:EOLhyphen"/>gina</hi>
were at warre with the Athenians, they made it death by their law for
any Athenian to be seen in their Country. But when <hi>Plato</hi> was made a
slave and was carried thither by a storm, one of the Citizens sav'd his life
by an artifice, and did it according to the intention of the law. For the
law being founded upon a presumption that if an Athenian came thither,
it was for evil to their Town, they could not suspect that <hi>Plato</hi> had such
an evil intention, when they knew his case and his sad story; and therefore
ought to judge him quit from the burden of that law. <hi>Dom. Joseph</hi> of <hi>Car<g ref="char:EOLhyphen"/>reras</hi>
a Spaniard walking one night in <hi>Sivil,</hi> was taken by the <hi>Alcalde,</hi> and
found to have arms about him, against the Law; but carrying of him to
prison they found at the end of that street a man newly murdered: the law
presum'd him to be the murderer, as it does aptly suspect such persons
who at unseasonable times walk arm'd: he was accus'd, but finding friends
was acquitted for his life, but sentenc'd to maintain the widow and chil<g ref="char:EOLhyphen"/>dren
of the dead man. He knew himself innocent, and therefore was not
bound in conscience to maintain her, because the law relying upon a false
presumption, was a dead letter, and could not bind.</p>
                     <p>But that there be no error in the practice of this,<note place="margin">2.</note> we must distinguish
of presumptions. One sort is in matter of fact, the other is upon presup<g ref="char:EOLhyphen"/>position
of dangers usually arising: <hi>that</hi> is of justice, <hi>this</hi> of caution. The
examples which I have already brought are all meer and unmixt presum<g ref="char:EOLhyphen"/>ptions
of fact; in which cases the rule does hold without exception. But
in presumptions of caution it is otherwise. The law does irritate and eva<g ref="char:EOLhyphen"/>cuate
the contracts of <hi>minors,</hi> because they being weak and indiscreet, it
is presum'd that they doe it foolishly whatever they doe; and it is fit that
the laws should be their defensatives against the evils of their ignorance.
But now some <hi>minors</hi> under sixteen years of age are of a ripe wit, and
competent judgement, and have craft enough to make a bargain, to consi<g ref="char:EOLhyphen"/>der
what they promise, and to beware of the artifices of evil men. But yet
although the presumption of the law fails as to their particulars, yet their
parents may annul their promises, their vows, and their professions,
though the presumption of the law in their case doe fail. The reason of
<pb n="39" facs="tcp:58903:330"/>
the difference is this: In presumptions of fact, if the truth of the fact fails,
the whole foundation of the law does fail; for the foundation is indivi<g ref="char:EOLhyphen"/>sible,
and the law had no other support; if any thing of it fails, it all fails.
But in presumptions of caution, or of presupposition of danger which does
usually happen, it is wholly otherwise; for though it does fail in some in<g ref="char:EOLhyphen"/>stances,
yet it is true in most, and that is sufficient to support a law, which
looks after that which is most common, not after rare emergencies. And
therefore the law in this case does not in proper speaking rely upon a pre<g ref="char:EOLhyphen"/>sumption,
but a certain judgement; for it is certainly true that it is so
most commonly; and it is presum'd so of every particular: at least the
law knows not how to distinguish them, and therefore is a just and a wise
law, conducing to the publick benefit, and consequently is a good measure
to the conscience.</p>
                     <p>Onely this caution is to be inserted,<note place="margin">3.</note> That if a <hi>minor</hi> make a contract,
as if a young man under 16, or a maiden under 14 make a contract of mar<g ref="char:EOLhyphen"/>riage,
although this is not valid in law till their years of consent be com<g ref="char:EOLhyphen"/>pleted;
yet if they have a mature judgement otherwise then the law did
presume them to have, they are tied in conscience to verify this contract,
if all those conditions were observed which could make the act valid <gap reason="illegible" resp="#TECH" extent="1 letter">
                           <desc>•</desc>
                        </gap>n the
law of nature, because no civil law can evacuate a natural; and where they
are naturally able, they are by their own act under that law naturally ob<g ref="char:EOLhyphen"/>lig'd:
but this, although it be an essential consideration as to conscience,
yet it is wholly extrinsecal to this Rule.</p>
                     <p>But there is one distinction more of use to the explication of this Rule.<note place="margin">4.</note>
Laws founded upon presumption are either laws <hi>of favour</hi> or <hi>laws of duty.</hi>
Those that are made <hi>in favour</hi> may be made use of onely when that supposi<g ref="char:EOLhyphen"/>tion
upon which it is founded is really true, but must not be us'd to the pre<g ref="char:EOLhyphen"/>judice
of any, whether it be true or false. And of this nature, or reducible to
it, is the case that <hi>Cicero de Oratore</hi> speaks of. A Roman Citizen supposing
his onely son to be dead, declares a kinsman to be his heir. The son after<g ref="char:EOLhyphen"/>wards
appears; and by a true presumption that if his Father had suppos'd
him living, he would not have disinherited him, is reliev'd against a false
presumption which suppos'd him dead. And it hath left a stain upon the
honour of <hi>Davids</hi> justice and friendship with <hi>Jonathan,</hi> that when he had
listned to the false information of <hi>Ziba</hi> against his friends son <hi>Mephibosheth;</hi>
and gave the land to the informer; he yet upon a right notice of the cause
restor'd but half. For this cause, say the Doctors of the Jews, God divi<g ref="char:EOLhyphen"/>ded
his Kingdome, and gave the bigger half from his Grandchild <hi>Rehoboam</hi>
to his servant. But if the laws be matter <hi>of duty,</hi> and enjoyn something that
is good or useful to the publick, whether the presumption be right or
wrong, they doe oblige: and the reason is, because the presumption, whe<g ref="char:EOLhyphen"/>ther
it was <hi>in fact</hi> or <hi>in caution,</hi> yet it was not the whole foundation of
the law; or if it was alone built upon it at first, yet it is supported by other
arguments strong enough to affirm the law. If a law were made in <hi>England,</hi>
that whoever comes not to Divine Service in publick Churches should be
punished by a mulct of 20 li. a moneth, the fine of Recusancy, upon a pre<g ref="char:EOLhyphen"/>sumption
that he that is absent is so indeed, this law were as much incum<g ref="char:EOLhyphen"/>bent
upon them that are not Recusants: for although the law was at first
made upon that presumption, yet because otherwise it commands a very
good act, which alone and without the presumption were a sufficient in<g ref="char:EOLhyphen"/>ducement
<pb n="40" facs="tcp:58903:331"/>
to the law, the Conscience of those who are, and those who are
not in the first presumption are equally oblig'd.</p>
                  </div>
                  <div n="5" type="rule">
                     <head>RULE V. Humane laws doe bind the Conscience to or from
an act in secret, as well as in pubick.</head>
                     <p>SOme things are secret or private in their own nature,<note place="margin">1.</note> such as are onely
the prerogative of God to judge of; as the word of the mind, the
thoughts of the heart, the desires and repudiations of the affections, the
inclinations and tendencies to an object, love and hatred, the pleasures or
displeasures of the fancy, acts of judgment and understanding. These God
onely knowes, and he onely punishes. * Others are secret, but yet they
are such onely by accident, and for want of proof: and these also are more
or less; for some are seen by one witness, and some by more; and they
that are seen, either are brought to judgment, or not. Now according
to the parts of these distinctions, this Rule is in several manners to be
verified.</p>
                     <p>1. Those actions which were done in secret,<note place="margin">2.</note> but under the observation
of a few, when they are brought to judgement change their nature, and be<g ref="char:EOLhyphen"/>come
publick, and therefore are equally under the power of the Law, as if
they were done in the Market. For in the Law, <hi>that</hi> is called <hi>Notorious</hi>
which is either declar'd in judgment, or prov'd by witnesses, or evident by
the intuition of the fact. And that actions, in this sense at first <hi>secret,</hi> are
subjicible to laws, is clear by the very examination of witnesses and the
whole process of law. For the Judge takes notice of no other notoreity:
if a Judge sees a thing done, he cannot punish it; he must witness it, and
another punish it. All that is notorious to the Judge must first be secret,
and then publick; that is made manifest or notorious by witnesses and
sentences of Judges.</p>
                     <p>2. Some actions are secret,<note place="margin">3.</note> because they can be proved onely by one
witness. Now it is true that in some cases one witness is sufficient, as in
the case of treason; or in case of confession, for his own witness against
himself is as good as ten thousand: when it is so, it is <hi>manifestum</hi> as before,
and therefore the same thing is to be affirmed of it. But if it be secret, so
that it cannot be competently proved, it is true that the law does not
punish it, but it fain would; and therefore declares that the private action
is a disobedience and transgression.</p>
                     <p>3. If the action be done wholly in secret,<note place="margin">4.</note> then indeed the criminal
Judge takes no notice of it any more then a man abiding in the city does
of his country house on fire before he knows of it; but as one is an unknown
calamity to the man, so the other is an unknown transgression of the law.
For that the thing is known or unknown it alters the case as to the punish<g ref="char:EOLhyphen"/>ment,
yet nothing at all as to the offence, the scandal onely excepted and
the example. Now that the law does intend to forbid such actions, it ap<g ref="char:EOLhyphen"/>pears
by the acts of scrutiny, and the proceedings against such as come ac<g ref="char:EOLhyphen"/>cidentally
<pb n="41" facs="tcp:58903:331"/>
to be discover'd. If a suspicion doe arise or any probability, any
fame or rumor, the law begins her process, somewhere by torture, some<g ref="char:EOLhyphen"/>where
by examination upon oath, and sometimes gives sentence upon con<g ref="char:EOLhyphen"/>jectures.
Now if to this it be replied, that this is the beginning of publica<g ref="char:EOLhyphen"/>tion,
and the law proceeds onely in proportion to its being publick; I an<g ref="char:EOLhyphen"/>swer,
that it is true, she can proceed no otherwise: and therefore if the
question here had been whether secret actions were punishable by humane
laws, I should have answer'd otherwise, and so the lawyers dispute it: but
here the inquiry being whether <hi>the Conscience</hi> be oblig'd, I am to say that
the publication of it does not make it to be a sin; this reveals the action,
&amp; the law declares or makes it to be a sin; for a man is not hanged for theft
unless he be discover'd, but if he be, then it is for his theft he is punished,
not for his discovery. The consequent of which is this; that if the action be
against the law, be it never so secret, it is a sin: and here is the advantage
of the wisdome and Oeconomy of God in the verification of humane laws;
he confirms the laws of men, and he binds in heaven what they bind on
earth, and he also knows in earth what is done in the most secret corner,
and judges accordingly.</p>
                     <p>4. But as for those things which are secret in their own nature,<note place="margin">5.</note> such
which are not onely not known, but not cognoscible by humane laws and
judicatories, the case is much more difficult, it being generally taught by
Divines that no humane laws have power to prescribe internal acts; and
consequently that whatever we think or wish, so we doe the thing that is
commanded, the law of man is satisfied.</p>
                     <p>
                        <hi>Question.</hi>
                     </p>
                     <p>
                        <hi>Whether humane laws can command or forbid inward acts.</hi>
                     </p>
                     <p>But having as well as I could consider'd the secret of this thing,<note place="margin">6.</note> I rest
finally upon this account. It being certain and confessed that the laws of
Man have power to constitute actions of themselves indifferent, into the
order of vertue and vice, making that to be incest which before the law
was not, and that to be theft which in other countries is lawful, and so in
other instances; if the law does change the action onely so as to make it
meerly to be an instance of obedience or disobedience, then the law hath no
power over internal actions: for man is not the Lord of Consciences and
minds, and we are not tied to obey any man commanding an internal
act; his judicatory here is not competent, his authority is not sufficient.
For it serves no end of the publick, and it hath no judicatory, no cogni<g ref="char:EOLhyphen"/>sance,
and no interest: and it were as foolish as for a King to sit upon the
strand and command the waters not to flow to his feet. * But if the law
of man have chang'd an action not onely to an instance of obedience or dis<g ref="char:EOLhyphen"/>obedience,
but plac'd it also in the order of some other vertue or vice, as by
changing it to incest, or adultery, or chastity, or temperance respectively,
then the law of man hath power over the Conscience even in the most
secret act; not directly, and by the energy of its own power, but indi<g ref="char:EOLhyphen"/>rectly,
collaterally, and by accident, by reason of the laws of God. The
reason is plain: because it is not lawful to commit adultery, or murder, or
incest in our heart; the law therefore that constitutes this action and makes
<pb n="42" facs="tcp:58903:332"/>
it to be murder, does consequently oblige the Conscience not so much as to
desire it. <hi>Voluntus facti origo est, quae ne tunc quidem liberatur quum aliquae
difficultas perpetrationem intercepit. Ipsa enim sibi imputatur, nec excusari
poterit per illam perficiendi infelicitatem operata quod suum fuerat:</hi>
                        <note place="margin">De Poenit.</note> so <hi>Tertul<g ref="char:EOLhyphen"/>lian:
The will is the original of action; and is not free'd when she is hindred
from doing what she would. Her own act is imputed to her; for though no
event succeeded, yet she did all her part.</hi> Thus in the Canon law <hi>Clementi<gap reason="illegible" resp="#TECH" extent="1 letter">
                              <desc>•</desc>
                           </gap>.</hi>
1. § <hi>verum de haereticis,</hi> the inquisitor of heretical pravity is excommunicate
if either out of hatred or hope of gain he condemn the innocent, or for
love and favour absolve the criminal: upon which the Gloss observes that
the Superior can punish the sin of the heart, though it never proceed to
action; and to this Gloss <hi>Panormitan</hi> and <hi>Adrianus</hi> doe consent. Now if
it be objected that here is an action external complicated with the internal,
and that the law proceeds against that, not against this; I answer, that
it is certain the law cannot proceed to sentence against the internal,
unless it be some way or in some degree publick: but that which I
affirm is, that the law forbids the internal, or commands it, and that, in
case the action be plac'd in the rank of vertue or vice distinct from the meer
obedience or disobedience, and this is a pregnant instance of it; for the
condemning the innocent is therefore the more forbidden and the more
condemned because it is presum'd to proceed from hatred. And there<g ref="char:EOLhyphen"/>fore
<hi>Cato</hi> argued well in behalf of the <hi>Rhodians,</hi> against whom it was mov'd
in the Senate that a warre should be made, because they had some little
light conjectures that they were not well affected to them; and because
some of the <hi>Rhodians</hi> had mov'd that they might help <hi>Perseus</hi> the King of
<hi>Macedonia,</hi> in case peace could not be obtained for him: <hi>Cato</hi> made an
oration in their behalf, affirming it to be unreasonable to punish them be<g ref="char:EOLhyphen"/>cause
they had a mind once to have made a warre. But this was therefore
well said of <hi>Cato,</hi> because there was no proof that the <hi>Rhodians</hi> did intend it,
and secretly or openly decree it. If they had intended it, it was penal, and
when the intention had been prov'd, it might have been more reasonable
to proceed to punish their breach of friendship. And this the <hi>Rhodians</hi>
themselves confessed, that the <hi>Romans</hi> warr'd justly with <hi>Perseus</hi> for inten<g ref="char:EOLhyphen"/>ding
a warre against them; but he so intended it, that he did something
towards it; but no City, no nation would destroy them who did nothing
towards the evil which they secretly intended. <hi>Quis hoc statuit unquam, aut
cui concedi sine summo omnium periculo potest, ut eum jure poterit occidere
à quo metuisse se dicat ne ipse posterius occideretur?</hi> said <hi>Cicero;</hi> He indulges
too much to his fear, and destroies the publick, that will kill any man whom
he is pleas'd to fear, or say that he would first kill him. And the reason
of that is, because there can be no sufficient proof of the secret thought,
without it break forth at least into words and decrees and preparations.
But <hi>Injuriam facit, qui facturus est,</hi> said <hi>Seneca.</hi> If it appears he was
about to doe a mischief, he is guilty; his secret was criminal: and that is
it which is punished as often as it can.</p>
                     <p>And this is more evident in the civil Law,<note place="margin">7.</note> 
                        <hi>l. si quis non dicam rapere,
C. de Episcopis &amp; Clericis.</hi> Where the very thought of ravishing a Virgin
is punished. It is true, this thought was declared by the attempt or ad<g ref="char:EOLhyphen"/>dress
to it: but because it was not consummate, it is evident that humane
Laws bind to more then to or from the external action. The law that pu<g ref="char:EOLhyphen"/>nishes
the criminal before he hath acted the evil, punishes the internal prin<g ref="char:EOLhyphen"/>cipally:
<pb n="43" facs="tcp:58903:332"/>
for in the address &amp; first preparations nothing is done but the dis<g ref="char:EOLhyphen"/>covery
of the thought; but when the thought is so discovered, &amp; the action is
not done, if the man be punished, it is not for the action, but for the thought.
And to this purpose is that of <hi>Cicero</hi> in his Oration <hi>pro T. Annio Milone,
Nisi fortè quia perfecta res non est, non fuit punienda: perinde quasi exitus
rerum, non hominum consilia, legibus vindicentur. Minus dolendum fuit, re
non perfecta, sed puniendum certè nihilo minus. Not to punish the fault be<g ref="char:EOLhyphen"/>cause
the mischief was not done is as much as to say, that the laws are not aven<g ref="char:EOLhyphen"/>gers
of evil purposes, but of evil events onely. Indeed if the mischief be not
done, we grieve the less; but if it was but intended, we punish it never the less.</hi>
And to this <hi>Seneca</hi> in his controversies gives testimony, <hi>Scelera quoque,
quamvis citra exitum subsederunt, puniuntur.</hi> The same with that of <hi>Peri<g ref="char:EOLhyphen"/>and<gap reason="illegible" resp="#TECH" extent="1 letter">
                              <desc>•</desc>
                           </gap>r,</hi>
                        <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>, <hi>not onely
those that doe, but those that would sin are to be punished.</hi> And to this sense
all those laws which punish the affection, though the effect follows not,
are to be understood, as <hi>Cap. pro humani,</hi> §. <hi>Sacri, de homicidio l.</hi> 6. <hi>&amp; l. quis<g ref="char:EOLhyphen"/>quis,
C. ad legem Juliam majestatis; &amp; cap.</hi> 1. <hi>de schismaticis,</hi> §. <hi>omnem,
l</hi> 6. <hi>&amp; l. Fugitivus, ff. de verborum signif. l. Divus, ff. ad leg. Cornel.
de Sicariis.</hi>
                     </p>
                     <p>But this is also further manifest in the differences of <hi>chance-medly,</hi>
                        <note place="margin">8.</note> 
                        <hi>man-slaughter,</hi>
and <hi>wilful murder;</hi> where the action being wholly differenc'd
by the thought of the heart, proves plainly that the thougts also are
punish'd by humane Laws ever when they are manifest. And if the Divines
and Lawyers would distinguish in this question the punishment from the
crime, the Court external from the Court of Conscience, they would not
erre in this article. For although a mans thoughts without some external
action are not punished, because they are not known; yet they could
not be punished when they are known, if they were not punishable and
criminal in themselves even against the laws of man. And therefore when
<hi>Ulpian</hi> had said,<note place="margin">L. 18. ff. de poe<g ref="char:EOLhyphen"/>nis. l. fugitivus. ff. de verbor. signific.</note> 
                        <hi>Cogitationis poenam nemo patitur: Accursius</hi> addes, <hi>Si
statum in finibus cogitationis est.</hi> No man can be punished for his thought;
that is, if it proceeds no further; for then it is known to none but God.</p>
                     <p>Upon this account we find sometimes in Laws,<note place="margin">9.</note> commands expresly
enjoyning the internal action. Thus when the Council of <hi>Lateran</hi> had
complained of some Clerks and Prelates that either wholly omitted their
office, or said it negligently, it addes, <hi>Haec &amp; similia sub poena suspensionis
penitus inhibemus, districtè praecipientes in virtute obedientiae ut Divinum
officium nocturnum pariter &amp; diurnum, quantum eis dederit Deus, studiosè
celebrent pariter &amp; devoté: viz.</hi> that they <hi>say their office diligently and
devoutly;</hi> which because it is an act of the heart as well as of the outward
man,<note place="margin">Novel. 135.</note> it gives a clear evidence in this inquiry. But above all is that <hi>Novel</hi>
of <hi>Justinian,</hi> which the late Greek Books have brought to light, it ne<g ref="char:EOLhyphen"/>ver
having been noted by the Latine interpreters, in which the Emperour
commanded that insolvent debtors who by misfortune, not by their crimes,
were made poor, if they swore their insufficiency, were to be freed from
all further trouble; and the Creditors that refus'd to obey the edict should
pay ten pound of gold; and <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>, for their meer thought
of doing otherwise should be put to death. I end this with the saying of
the Jewish Doctors, <hi>Quicquid sapientes vetant palàm fieri, id etiam in pe<g ref="char:EOLhyphen"/>netralibus
vetitum est,</hi> Whatever the wise men forbid to be done in pub<g ref="char:EOLhyphen"/>lick,
<pb n="44" facs="tcp:58903:333"/>
the same must be understood to be forbidden in your closet. It was
the saying of <hi>Rabbi Bachai.</hi>
                     </p>
                  </div>
                  <div n="6" type="rule">
                     <head>RULE VI. Humane Laws, before sufficient promulgation, doe
not oblige the Conscience.</head>
                     <p>AS the faults of Subjects are not cognoscible without publication:<note place="margin">1.</note> so
neither are the wills of Princes.<note place="margin">Vide etiam Au<g ref="char:EOLhyphen"/>thent. ut factae novae constit.</note> 
                        <hi>Leges sacratissimae quae constringunt
hominum vitas intelligi ab hominibus debent,</hi> says the Law, <hi>l. leges, C. de
legib. &amp; constit.</hi> But in this there is no difficulty: all that is made is in the
assignation of the sufficiency of the promulgation. A Spanish Lawyer,
<hi>Selva,</hi>
                        <note place="margin">De benefic. q. 22. n. 14.</note> and he alone, so farre as I have heard or read, affirms the very so<g ref="char:EOLhyphen"/>lemn
edition of it and declaration in the Court or Council to be sufficient.
But as he speaks it wholly without reason, so he is to be rejected without
farther trouble. Others require one proclamation in one or more places,
according to the greatness of the Province or Jurisdiction; but it can ne<g ref="char:EOLhyphen"/>ver
be agreed positively how much is enough. Therefore so farre as our
consciences can be concerned in it, these following propositions are certain,
and they are sufficient.</p>
                     <p>1. It is not necessary that laws in their promulgation be so divulged,<note place="margin">2.</note>
as that the notice of them reach every single subject. Not onely because
in most laws all persons are not concerned, but also because it is morally
impossible; I mean in a great Province, where the laws are commonly of
greatest concern, and the promulgation more to be regarded and more di<g ref="char:EOLhyphen"/>ligently
endeavoured. For laws of men are not like the Sun, searching into
all corners; but as the law it self is such as regards that thing which hap<g ref="char:EOLhyphen"/>pens
most commonly, so the promulgation is of a symbolical nature, and
can arrive but to most persons.</p>
                     <p>2. In all Princely and sweet Governments there must be such a pub<g ref="char:EOLhyphen"/>lication
of laws as must be fit to minister to the publick necessity and the
publick duty,<note place="margin">3.</note> that laws be no snares, but piously intended, prudently
conducted, sufficiently communicated, and reasonably exacted with abate<g ref="char:EOLhyphen"/>ment
of all those deficiencies which are incident and unavoidable to man<g ref="char:EOLhyphen"/>kind;
so that if what be in Council judg'd sufficient for promulgation,
doe not prove so in the event of things, and in the Province, the defect
be put upon the insufficient publication, not upon the account of disobe<g ref="char:EOLhyphen"/>dience.</p>
                     <p>3. Be the publication legally sufficient, or not sufficient,<note place="margin">4.</note> it is certain
that the conscience is not tied by the law, till it be known. I doe not say
but that the prevarication may be justly punish'd, because the law may be
published as well as is morally possible, or prudently and civilly is requir'd,
and yet some may inculpably be ignorant of it. But be it so or otherwise,
it is impossible that they who know not of it can obey; and if they can<g ref="char:EOLhyphen"/>not,
they cannot be oblig'd: for that is no law, but madness, which obliges
a man to that which is impossible.</p>
                     <p>
                        <pb n="45" facs="tcp:58903:333"/>
4. The care and sufficiency of publication is wholly incumbent upon
the Law-giver,<note place="margin">5.</note> not at all upon the Subject; that is, the Subject is not
bound to seek after the law, but onely to see that he doe not turn his ear
from it, or studiously decline it, or endeavour to be ignorant. For a law,
though it be for good to the publick, yet to the particular being a restraint
upon our natural or political liberty respectively, no man is bound to seek
his own fetters, or put the burden upon his own neck, but to wear it well
when it is imposed: but to refuse to hear is the first act of disobedience;
but to hear is the first instance of obeying; therefore till he hath heard,
he is oblig'd to nothing. This hath no limitation or exception but this.
If the Subject hath heard there is a law, he is bound to inquire after it,
for then it is sufficiently publish'd: the Law-giver hath done his duty.
But before he hath heard, it is to him as if it were not; and that which is
not cannot be numbred, cannot be accounted for. The first is sufficient to
oblige him, he is bound because he knows, the will of the Law-giver hath
bound him; but then he must inquire for his own sake, for otherwise he
cannot perform his obligation.</p>
                     <p>5. Although as to conscience the former measures are certain,<note place="margin">6.</note> yet the
Legislator hath power to declare when the promulgation is sufficient for
the nullifying of all contracts intervening, or evacuating priviledges, and
changing all exteriour events of law; because the being of all these de<g ref="char:EOLhyphen"/>pends
upon the will of the Prince and of his law. Onely when this is re<g ref="char:EOLhyphen"/>duc'd
to practice, in the matter of contracts, if they were valid by the law
of nature, he that did contract is oblig'd to stand to it, if the other requires
it; but if it be his own advantage, he is bound to quit it, if the other
recedes and makes use of his advantage. For the law can tie him to suffer
inconvenience for the publick interest, but not to doe any evil. Thus if
<hi>Titius</hi> contract with <hi>Mavius</hi> to carry twenty Tun of wheat from <hi>Sicily</hi> to
<hi>Rome,</hi> and before the contract a prohibition of such contracts was legally
published, and yet he heard not of it; he is bound to obey it: but if <hi>Ma<g ref="char:EOLhyphen"/>vius,</hi>
who is like to be the gainer, stand upon his right of justice and natu<g ref="char:EOLhyphen"/>ral
consent, <hi>Titius</hi> must make him amends, but he must not transport the
corn. But this is in case they be not both Subjects of the same Prince.
And the reason of this is plain, because the stranger hath a natural right by
justice and stipulation, but the Subject hath a law upon him; therefore
the other is not tied to quit that, but the Subject must obey this: not to
doe an injury, for no law can oblige him to that; but to suffer one that is
tolerable and is outweighed by the publick advantage. But if they be
both the Subjects of the same law, the law that forbids one to make the
contract, does also by implication forbid the other to exact that which is
illegal. So that although the law cannot disoblige <hi>Titius</hi> from verifying a
contract that is valid in the law of nature; yet <hi>Mavins</hi> can remit his
right, and the law can tie him to that.</p>
                     <p>This holds in all things where the parties can give consent to the in<g ref="char:EOLhyphen"/>validating
of the contract.<note place="margin">7.</note> But sometimes they cannot, and then the rule
of conscience is, <hi>standum est juri naturali,</hi> whatever was ratified by nature
and religion must remain for ever. The Council of <hi>Trent</hi> makes a saw that
all clandestine marriages shall be null: she publishes the law, and declares
it from a certain time to be valid. A poor Vine-dresser in the <hi>Valtoline</hi> hears
nothing of it, but gets the daughter of his Master the Farmer with child
<pb n="46" facs="tcp:58903:334"/>
after contract <hi>per verba de praesenti.</hi> The law is urg'd upon him; the par<g ref="char:EOLhyphen"/>ties
are both threatned, and are in that fright willing to recede. But they
were told by a prudent Confessor, that they could not consent to any such
separation: and he told them truly. For in marriage there is a necessitude
contracted by a law of nature, and not onely a mutual right transmitted to
each other, but there is a band of Religion, a Sacramental tie, or relation
that God hath joyn'd, and no man can put asunder. But until the contract
is pass'd so farre as that it is become a marriage in the law and state of na<g ref="char:EOLhyphen"/>ture,
the prohibition ought to prevail upon them.</p>
                     <p>Lastly,<note place="margin">8.</note> in priviledges there is no difficulty, because the law is not bound
to give any at all; and therefore many restrain them at any time, without
giving a reason. Thus if a law were made that all illegitimate children
that were born after the death of the Emperour <hi>Maximilian</hi> should be un<g ref="char:EOLhyphen"/>capable
of a Prebend or benefice in a Church; he that heard not of the
law might justly be put out after solemne investiture. For <hi>no man is inju<g ref="char:EOLhyphen"/>red,
because he hath not a favour done him.</hi>
                     </p>
                  </div>
                  <div n="7" type="rule">
                     <head>RULE VII. That a law should oblige the Conscience, does not
depend upon the acceptation of the Law by the
people.</head>
                     <p>THis Rule hath suffered great prejudice,<note place="margin">1.</note> not onely by the contrary opi<g ref="char:EOLhyphen"/>nion
of the Civilians and Canonists, who in very great numbers op<g ref="char:EOLhyphen"/>pose
it, but by all persons almost who live under Governments Democra<g ref="char:EOLhyphen"/>tical,
or doe not well consider the powers and consequents of government.
But the case in short is this;</p>
                     <p>All Governments in the world did either begin right or wrong.<note place="margin">2.</note> If
right, it was by Divine appointment, or by the multiplication of the po<g ref="char:EOLhyphen"/>sterity
of a Patriarch, and the <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap> increase of Paternal Government.
This is the natural way, and this is founded upon natural reason, and a
Divine Commandement. This hath in it no evil, and no question, and it
is the just beginning of Monarchy, it produces no other Government.</p>
                     <p>But if the Government comes not this way,<note place="margin">3.</note> it comes in wrong. Ei<g ref="char:EOLhyphen"/>ther
from tumults, by necessity and evil experience being forc'd to per<g ref="char:EOLhyphen"/>mit
and establish an order and government; or directly by warre and vio<g ref="char:EOLhyphen"/>lence;
or else in the destitution of a Governour when all are left to them<g ref="char:EOLhyphen"/>selves,
and none hath power over them, they may doe what they list, and
order things as they please, and part with as much power as they think fit,
and keep some to themselves, and confound all politick principles, and di<g ref="char:EOLhyphen"/>vide
power, as two earnest disputants doe divide the truth when they have
torn her in pieces, each part running away with that share that comes next
his hand.</p>
                     <p>Now from these beginnings of Governments several Republicks and
Principalities have been established;<note place="margin">4.</note> and when it hapned that any famous
<pb n="47" facs="tcp:58903:334"/>
government entred the wrong way, they became exemplary to others in
their policy and in their principles, and made their actions become rules
to others. Thus it was that the Roman people, keeping the legislative
power in their own hands, made Kings and Consuls and officers at their
pleasure, but their consent was alwaies demanded when a law was to be
made, as is affirmed by <hi>Asconius Pedianus in orationem pro C. Cornelio,</hi> and
by <hi>Budaeus</hi> and <hi>Zasius in l.</hi> 2. <hi>ff. de origine juris.</hi> These laws were made in
a convocation of the people in thirty Courts, and were called <hi>Curiatae,</hi> as
is affirm'd by <hi>Suetonius in Augusto,</hi> and in <hi>Cicero</hi> in his epistles to <hi>Lentulus:</hi>
they were also called <hi>Populares</hi> by <hi>Cicero</hi> in his orations. Now this people
so largely reigning over the world, and being exemplary by their wis<g ref="char:EOLhyphen"/>dome
and their laws, did easily transmit this licence unto the people of most
Nations, who needed but little teaching to bridle the power of their Prin<g ref="char:EOLhyphen"/>ces,
to which they were but too much tempted by that <hi>libido regnandi,</hi>
that lust of empire which possesses the greatest part of the world; and by
their own strength, which they often made their Kings to feel, and would
not lend to them in their needs but upon hard conditions. * Adde to all
this, that many princes have been gentle and kind, and many wise, and
would not put a bridle upon such an untam'd beast without their own con<g ref="char:EOLhyphen"/>sent;
not onely that they might obey more willingly, but lest they should
not obey at all, as knowing it to be better that they should be rul'd as they
please, then not at all.
<q>
                           <l>—Libertatis servaveris umbram</l>
                           <l>Si quicquid jubeare velis—</l>
                        </q>
This phantastick liberty the people would seldome be without; and they
must have what they were resolv'd on; for when they please, they are
all Kings.</p>
                     <p>Upon the account of these and some other causes it is come to pass
that in many places laws have their binding power onely by the consent of
the people;<note place="margin">5.</note> in their tribes and Courts, or by their representatives,
or by their manners and customes: and from hence from these sayings of
some very wise men; <hi>Lex nullam vim obligandi habet nisi ex more;</hi>
                        <note place="margin">Lib. 2. Polit. c. 6. § leges dist. 4. l. dequibus ff. de legibus.</note> so <hi>Ari<g ref="char:EOLhyphen"/>stotle:</hi>
and, <hi>Leges promulgatione constitui, firmari autem usu,</hi> saies <hi>Gratian:</hi>
and the civil law most expressly, <hi>Ipsae leges nullâ aliâ causâ nos tenent quam
quod judicio populi receptae sunt,</hi> The reception and approbation of the
people is the onely firmament and Sanction of the law. Now that the civil
law saies it, it was <hi>ex more Romanorum;</hi> among the old <hi>Romans</hi> it alwaies
was so: and <hi>Aristotle</hi> speaks at the rate of him who had been bred under
the popular government of the Greeks, and therefore it is no wonder that
any of them speaks so: but as for the words of <hi>Gratian, Laurentius</hi> and the
<hi>Arch-Deacon</hi> expound them to mean that the laws receive from the use of
the people <hi>firmitatem stabilitatis, non authoritatis;</hi> that is, <hi>de facto</hi> they
are made more firm and lasting by the consent and manners of the people,
but not <hi>de jure</hi> more obliging;<note place="margin">Apolog. c. 4.</note> according of that of <hi>Tertullian, Neque civis
fideliter legi obsequitur ignorans quale sit quod ulciscitur lex. Nulla lex sibi
soli conscientiam justitiae suae debet, sed eis à quibus obsequium expectat: caete<g ref="char:EOLhyphen"/>rum
suspecta lex est quae probari se non vult; improba autem si non probata
dominetur.</hi> A Citizen does not faithfully obey that law (meaning of going
to warre) who knows not what that is which is to be punish'd. For that a
law is just is owing in part to him that is to obey it. That law is to be su<g ref="char:EOLhyphen"/>spected
<pb n="48" facs="tcp:58903:335"/>
which will not indure a trial; but if being tried it be rejected, it
cannot prevail without injustice.</p>
                     <p>Having now by this narrative laid open the secret and foundation of
this opinion,<note place="margin">6.</note> and prevented the objections that can be made, the Rule is
certain and easy. The consent of the people gives no authority to the law; &amp;
therefore is no way necessary to the Sanction and constitution, save onely to
prevent violence, rebellion and disobedience. But because I am not writing
rules of policy, but rules of conscie<g ref="char:cmbAbbrStroke">̄</g>ce, I am to say, that if the legislative power
be in the Prince, that is, if he be supreme, he is to decree the law; but where<g ref="char:EOLhyphen"/>ever
the authority be, that authority is derived from God, and is onely less
then him: and although a horse sometime cannot be ruled without stroak<g ref="char:EOLhyphen"/>ings
and meat and gentle usages, yet for all that his rider in his Master: and
he that said, <hi>obey them that have the rule over you, and submit your selves to
every ordinance of man for the Lords sake, whether to the King as to the su<g ref="char:EOLhyphen"/>preme,
&amp;c.</hi> did not appoint the supreme to rule by a precarious power;
and if he who hath authority makes a just law, either the people are bound
to accept the law, or they despise the authority. And indeed it is a contra<g ref="char:EOLhyphen"/>diction
in the terms, that a law be impos'd, and yet that it be no law of it
self; that is, that the effect of the cause should be a necessary condition in the
cause it self; and that it's own work is nothing, unless what it does work
give it force. It must be a law before they accept it, and if it be a law they
are bound to accept it; and therefore their accepting cannot make it a law.</p>
                     <p>In popular governments the people have their suffrages in the legis<g ref="char:EOLhyphen"/>lative;<note place="margin">7.</note>
but then it is because they govern: but when they have not the
legislative, he that hath it must not ask them leave to use it, when God
hath given him power. They indeed who suppose Kings to be trustees
and ministers of the people have some pretence (if they suppos'd true) to
affirm the acceptation of the people to be necessary. But yet if they did
suppose true, it were indeed <hi>a pretence</hi> but no more. For when the King is
chosen, and is by the people (that I may use the expression of <hi>Tiberius)
tantâ temque liberâ potestate instructus,</hi> invested with a Princely power, and
the legislative; he, by himself or by his Senate, according to the constitu<g ref="char:EOLhyphen"/>tion
of the province, is to make the law, and to punish them that break it,
and not to ask them if they will please to obey it. <hi>Lex institutir cum pro<g ref="char:EOLhyphen"/>mulgatur,</hi>
saies the <hi>Authentick:</hi> and therefore whosoever does not obey,
whether it be a single person or a multitude, they sin against God; it is
disobedience in a single person, and rebellion in the multitude. All which
is true with the provisos of the former rules, that the laws be upon all their
just accounts in all other things obligatory.</p>
                     <p>This Rule does also fail in all arbitrary conventions and precarious
governments;<note place="margin">8.</note> in such which have no coercitive power but what is by vo<g ref="char:EOLhyphen"/>luntary
concession; such which can convene and dissolve at pleasure, as
Colleges and Fraternities. For as they meet at pleasure, so they must be
governed as they please; their power comes not from God, but from man;
and their authority is equivocal.</p>
                     <p>Some insert one case here,<note place="margin">9.</note> saying that if a law be refus'd by the greater
part of the people, then single <gap reason="illegible" resp="#TECH" extent="2 letters">
                           <desc>••</desc>
                        </gap>sons are excus'd, because it is to be sup<g ref="char:EOLhyphen"/>pos'd
that the Prince cares not <gap reason="illegible" resp="#TECH" extent="1 word">
                           <desc>〈◊〉</desc>
                        </gap> single persons observe the law, since so
<pb n="49" facs="tcp:58903:335"/>
little will serve no interest. But if this were true, yet there is in it so much
caution to be us'd, so many provisos, and so much probability to the con<g ref="char:EOLhyphen"/>trary,
that it were as good that it were not true; for it cannot give rest
or peace to the Conscience. For 1. whether the Prince doe secretly give
leave or no, is a presumption of infinite uncertainty. 2. The contrary may
very well be suppos'd; for he that is troubled at the rebellion of many will
not give leave to one to disobey. 3. If these few single persons doe sub<g ref="char:EOLhyphen"/>mit,
they become good examples, and are confessors for the reputation
of the Kings wisdome and authority. 4. What is evil in the whole is so
in every particular; because the people is but an aggregate body of single
persons. 5. <hi>We must not follow a multitude to doe evil:</hi> and all rebellion
is of that nature, that it is as the sin of witchcraft; and who would be a
witch because all the Country is so? 6. He that partakes of other mens
sins shall also partake of their punishment. Upon these accounts, I judge
it very unsafe for any single person to resist a just law of a just superior,
upon hope of escaping in the Croud.<note n="*" place="margin">Rule 3.</note> But this Rule is onely true when
the law is just and good for publick profit and usefulness of the people.
For if it be an unreasonable law, it binds not as a law, but as by promise
and contract; that is, it does not bind by the sanction of the law, but the
acceptation of the people. And so the ancient lawyers are to be understood;
<hi>Lex praecepti tollitur,</hi>
                        <note place="margin">Panormit. c. cum olim. de cleric. conjug.</note> 
                        <hi>si moribus utentium non recipitur,</hi> The obligation of
the law is taken off, unless it be receiv'd into the manners of the Subjects.
But the instance tells in what sense this is true. The <hi>Pope</hi> and Council
cannot command continence to a certain sort of persons after promotion
against their wills; <hi>quia continentia est res quae potest persuaderi, imperari
autem non,</hi> Because continence is a thing that may be perswaded, but not
commanded. The matter of the law is to be order'd according to the
measures of the third Rule; but supposing that, this Rule is certain.</p>
                  </div>
                  <div n="8" type="rule">
                     <head>RULE VIII. Humane laws of indifferent matter doe not oblige
the Conscience of the Subjects out of the domi<g ref="char:EOLhyphen"/>nions
of the Superior.</head>
                     <p>
                        <hi>EXtra territorium jus dicenti,</hi>
                        <note place="margin">1.</note> 
                        <hi>non paretur, impune,</hi> is a famous saying in the
Canon law,<note place="margin">Cap. 2. de con<g ref="char:EOLhyphen"/>stitut. n. 6.</note> A man may safely disobey the law of his Prelate if he be out
of the Diocess. And the reason is, because beyond his Diocess he hath
no jurisdiction;<note place="margin">L. omnes po<g ref="char:EOLhyphen"/>puli de justitia &amp; jure.</note> and beyond his jurisdiction a Prince hath no power. <hi>Lex
est jus proprium civitatis,</hi> saith the law; The law hath no power beyond it's
own city. Thus anciently, in the Province of <hi>Canterbury</hi> the people did not
fast upon S. <hi>Marks</hi> day; but if they were within the Province of <hi>York</hi>
they were tied to the common law, or custome of the Church besides.
Thus also it is in maritime places, especially in places of publick Trade
and Merchandize: if the several Subjects should keep the several Laws
of their own Princes, it would cause great confusion and disorder upon
the place of Trade; and since it is certain that strangers must live by
the laws of the Country where they sojourn, it is certain they are not tied
to the laws of their own, because they may be contrary.</p>
                     <p>
                        <pb n="50" facs="tcp:58903:336"/>
1. But this hath divers limitations.<note place="margin">2.</note> For 1. It does not hold in the
substantial matters of religion, where the religions of the Country differ.
It is not lawful for a Subject of <hi>England</hi> to goe to Mass in a forein Coun<g ref="char:EOLhyphen"/>try;
not onely upon supposition that the office is suspicious or to be
blam'd by the measures of the Divine Law, but if the laws of our Coun<g ref="char:EOLhyphen"/>try
have upon other prudent and just considerations forbidden it. The
sons of the Church of <hi>England</hi> professing under the government Episco<g ref="char:EOLhyphen"/>pal
may not lawfully communicate in the <hi>Huguenot</hi> Churches with them
that believe Episcopacy to be Antichristian or unlawful, because this does
relate to the evil and detriment of those laws and that government and
that authority under which we still are tied. But in the ceremonial and ri<g ref="char:EOLhyphen"/>tual
part of religion, where the religion is the same, we are not tied abroad
to our Country customes. A Subject of the Church of <hi>England</hi> may
stand at the Holy Communion, or eat it in leavened bread, if he come into
Protestant Countries that have any such custome: and the reason of this
is, because the contrary would give scandal, to which our own laws nei<g ref="char:EOLhyphen"/>ther
doe nor can oblige abroad; and if any be offended at our different ce<g ref="char:EOLhyphen"/>remonies
at home, he must look to it, we are not concerned in any thing,
but to obey our Superiour, and quietly to render a reason to our bre<g ref="char:EOLhyphen"/>thren.</p>
                     <p>2. This Rule does not hold in such laws which are the specification of
the Divine laws.<note place="margin">3.</note> Thus if a Subject of <hi>England</hi> should be in <hi>Spain,</hi> and
there see his Daughter dishonoured, or his Wife consent to her shame,
and take her in Adultery; he may not kill her, though in <hi>Spain</hi> it be law<g ref="char:EOLhyphen"/>ful
for them to doe it. The reason is, because she is not a Subject of <hi>Spain,</hi>
but hath an habituall relation to <hi>England,</hi> and therefore it is Murder if it
be done by an English Subject. Concerning all his own Subjects, the
Prince of the Countrey and the Legislative is to give limits to the inde<g ref="char:EOLhyphen"/>finite
lawes of God; and the reason is that which S. <hi>Paul</hi> gives, because
he who hath <hi>the rule over them</hi> is to <hi>give an account</hi> of their Souls. Every
law therefore is to acquit or condemn herown Subjects: and therefore if a
Spaniard does dishonour the bed of an English Subject in <hi>Spain,</hi> it is law<g ref="char:EOLhyphen"/>full
there to kill him; because his own Princes law condemns him, and
gives leave to the injur'd person to be Executioner. All these particulars
rely upon the same reason.</p>
                     <p>3. This Rule does not hold,<note place="margin">4.</note> when though the Subject be abroad, yet
the action does relate to his own Country. Thus it is not lawful abroad to
coyn or counterfeit the money of his Country, to rail upon his Prince, to
prejudice his Subjects, to violate his honour, to disgrace his Nation, to
betray the secrets and discover the Counsels of his Prince. Because the
evil done out of the territory being an injury to them within, is as if it
were done within. When the dispute was between the Athenians and
Thebans about their confines, and the parties stood at a little distance,
disputing and wrangling about the breadth of an acre of ground, <hi>Timo<g ref="char:EOLhyphen"/>theus</hi>
shoots an arrow and kills a young Theban Gentleman. The Thebans
demand that <hi>Timotheus</hi> be put to death by the laws of <hi>Athens,</hi> as being
their Subject: they refuse to doe so, but deliver <hi>Timotheus</hi> to the The<g ref="char:EOLhyphen"/>bans,
giving this reason, He shot the arrow within the Athenian limit, but
it did the mischief within the territory of <hi>Thebes;</hi> and where the evil is
done, there and by them let the criminal be punish'd. Being abroad is no
<pb n="51" facs="tcp:58903:336"/>
cuse in this case. If a Subject shoots an arrow into his own Country,
though he bent his bow abroad, at home he shall find the string.</p>
                     <p>4. If the action be something to be done at home,<note place="margin">5.</note> the Subject abroad
is bound to obey the summons of the law. When <hi>Henry</hi> the second of
<hi>England</hi> commanded all Prelates and Curates to reside upon their Dio<g ref="char:EOLhyphen"/>ceses
and charges, <hi>Thomas Becket</hi> of <hi>Canterbury</hi> was bound in conscience,
though he was in <hi>France,</hi> to repair to his Province at home. The summe
of all is this, A law does not oblige beyond the proper territory, unless it
relate to the good or evil of it. For then it is done at home to all real
events of nature, and to all intents and purposes of law. For if the law be
affirmative, commanding something to be done at home, at home this omis<g ref="char:EOLhyphen"/>sion
is a sin: <hi>Qui non facit quod facere debet, videtur facere adversus ea
quae non facit,</hi>
                        <note place="margin">L. Qui non facit ff. de regu<g ref="char:EOLhyphen"/>lis juris.</note> saith the Law, The omission is a sin there where the action
ought to have been done. But if the Law be nagative, <hi>Qui facit quod fa<g ref="char:EOLhyphen"/>cere
non debet, non videtur facere id quod facere jussus est.</hi> He that does
what he is forbidden to doe is answerable to him who hath power to com<g ref="char:EOLhyphen"/>mand
him to doe it.</p>
                     <p>This Rule thus explicated is firm;<note place="margin">6.</note> and is to be extended to exempt
or priviledged places, according to that saying of the Lawyers, <hi>Locus ex<g ref="char:EOLhyphen"/>emptus
habetur pro extraneo,</hi> He that lives in an exempt place, lives abroad.</p>
                     <p>By the proportions of this Rule it is easy to answer concerning stran<g ref="char:EOLhyphen"/>gers,<note place="margin">7.</note>
whether they be bound by the Laws of the Nation where they pass
or traffick. For in all things where they are not oblig'd by their own
Prince, they are by the stranger, and that upon the same account; for if
they who are abroad are not ordinarily bound by the Laws of their Coun<g ref="char:EOLhyphen"/>try
(except in the cases limited) it is because the jurisdiction and dominion
of their Prince goes not beyond his own land; and in such cases <hi>the place
is more then the person:</hi> but therefore it must goe so farre, and be the per<g ref="char:EOLhyphen"/>son
what he will, yet in the territory he is under the law of that Prince.
He is made so by that place. It is <hi>Lex terrae,</hi> the Law of the land in which
he is: and <hi>in the peace of that he shall have peace,</hi> as God said to the Jews
concerning the land of their Captivity.</p>
                  </div>
                  <div n="9" type="rule">
                     <head>RULE IX. Obedience to Laws is to be paid according to what
is commanded, not according to what is best.</head>
                     <p>WHen <hi>Lacon</hi> was fighting prosperously,<note place="margin">1.</note> and had prevail'd very farre
upon his enemies,<note place="margin">Vide A. Gelli<g ref="char:EOLhyphen"/>um lib. 1. cap. 13.</note> it happened that a retreat was sounded just as he
was lifting up his hand to smite a considerable person; he turned his blow
aside and went away, giving this reason to him that asked him why, <hi>It is
better to obey then to kill an enemy.</hi> But when <hi>Crassus</hi> the Romane Gene<g ref="char:EOLhyphen"/>ral
sent to <hi>Athens</hi> to an Engineer a command to send him such a piece of
timber towards the making of a battery, he sent him one which he sup<g ref="char:EOLhyphen"/>pos'd
was better; but his General caused him to be scourged for his di<g ref="char:EOLhyphen"/>ligence:
and <hi>Torquatus Manlius</hi> being Consul commanded his son not to
fight that day with the Enemy, but he espying a great advantage fought and
<pb n="52" facs="tcp:58903:337"/>
beat him and won a glorious victory, for which he was crown'd with a tri<g ref="char:EOLhyphen"/>umphant
lawrel, but for his disobedience lost his head. It is not good to
be wiser then the laws; and sometimes we understand not the secret rea<g ref="char:EOLhyphen"/>son
of the Princes command, or the obedience may be better then a good
turn, or a better counsel; which is very often ill taken, unless it be re<g ref="char:EOLhyphen"/>quir'd.
<hi>Corrumpi atque dissolvi officium omne imperantis ratus si quis ad id
quod facere jussus est, non obsequio debito, sed consilio non desiderato respon<g ref="char:EOLhyphen"/>deat,</hi>
said <hi>Crassus</hi> in <hi>A. Gellius.</hi>
                     </p>
                     <p>Thus also it is in the observation of the Divine Commandements:<note place="margin">2.</note>
when God hath declared his will, and limited our duty to circumstances and
particulars, he will not be answered by doing that which we suppose is bet<g ref="char:EOLhyphen"/>ter.
We must not be running after Sermons, when we should be labouring
to provide meat for our family: for besides that it is direct disobedience
in the case now put, there is also an error in the whole affair; for that
which we think is better then the Commandement, is not better: and this
God declared in the case of <hi>Saul, Obedience is better then sacrifice.</hi> No work
is better then that which God appoints.</p>
                     <p>3. This is to be understood so that it is not onely left to our liberty,<note place="margin">3.</note> but
it is also rewardable, for the Subject to prevent a Commandement, and to
excell the measures of the Law in the matter of a Commandement, when
to doe so we know will be accepted, and is to the pleasure and use of the
Prince. Thus <hi>Astyages</hi> preferr'd <hi>Chrysantas</hi> before <hi>Hystaspes,</hi> because he did
not onely obey as <hi>Hystaspes</hi> did, but understood the mind of the Prince,
and when he knew what would please him, did it of his own accord. But
then this is upon the same account, it is obedience, onely it is early and it
is forward.</p>
                     <p>This also is to be added,<note place="margin">4.</note> that if the choice of the Subject differing
from the command of the Prince be very prosperous and of great benefit,
the Prince does commonly <hi>ex post facto</hi> allow the deed; that is, he does
not punish it. <hi>P. Crassus Mutius</hi> and <hi>T. Manlius</hi> did otherwise; but they
were severe and great examples. But when it is not punish'd, it is not be<g ref="char:EOLhyphen"/>cause
it does not deserve it, but because it is pardon'd: for if it should mis<g ref="char:EOLhyphen"/>carry,
it would not escape vengeance: and therefore though the prospe<g ref="char:EOLhyphen"/>rous
event be lov'd, yet it came in at a wrong door, and the disobedience
was criminal. <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>, <hi>Masters
are to command, but the province of servants is to obey,</hi> saith S. <hi>Chrysostome.</hi>
                     </p>
                     <p>This Rule is to be understood according to the intention,<note place="margin">5.</note> not accor<g ref="char:EOLhyphen"/>ding
to the letter of the law; for if the intention of it be that which is
better, it is evident that is to be done which is better in the intention,
not that which is commanded in the letter. But of this in the Chapter
of interpretation of Laws.</p>
                  </div>
               </div>
               <div n="2" type="chapter">
                  <pb n="53" facs="tcp:58903:337"/>
                  <head>CHAP. II. Of Laws Penal and Tributary.</head>
                  <div n="1" type="rule">
                     <head>RULE. I. It is lawful for Christian Magistrates to make penal
Laws, not onely pecuniary and of restraint, but
of loss of member and life it self.</head>
                     <p>
                        <seg rend="decorInit">W</seg>Hatsoever is neccessary is just;<note place="margin">1.</note> that is, that must be
done which cannot be avoided: and therefore the
power of the Magistrate in punishing the transgres<g ref="char:EOLhyphen"/>sors
of their laws of peace, and order, and interest, is
infinitely just<note n="*" place="margin">Nemo sibi pu<g ref="char:EOLhyphen"/>tabit turpe quod aliis fuit fructu<gap reason="illegible" resp="#TECH" extent="1 letter">
                              <desc>•</desc>
                           </gap>sum. Pa<g ref="char:EOLhyphen"/>tercul. lib. 2. in princ.</note>; for without a coercitive power there
can be no government, and without government
there can be no communities of men; a herd of wolves
is quieter and more at one then so many men, unless
they all had one reason in them, or have one power over them. <hi>Ancus
Rex primus Carcerem in Romano foro aedificavit, ad terrorem increscentis au<g ref="char:EOLhyphen"/>daciae,</hi>
says <hi>Livy.</hi> King <hi>Ancus</hi> seeing impiety grow bold, did erect a prison
in the publick markets. When iniquity was like to grow great, then that
was grown necessary. And it is observ'd that the Macedonians call Death
<gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap> from the Hebrew word DAN, which signifies a Judge, as intima<g ref="char:EOLhyphen"/>ting
that Judges are appointed to give sentences upon criminals in life and
death.<note place="margin">1 Chron. 29. 12.</note> And therefore God takes upon himself the title of a King and a
Judge,<note place="margin">1 Tim. 6. 15. Psal. 82. 6.</note> of a Lord and Governour; and gives to <hi>Kings</hi> and Judges the
title of <hi>Gods,</hi> and to <hi>Bishops</hi> and Priests the style of <hi>Angels.</hi>
                     </p>
                     <p>But here I will suppose that Magistracy is an ordinance of God,<note place="margin">2.</note> ha<g ref="char:EOLhyphen"/>ving
so many plain Scriptures for it; and it being by S. <hi>Paul</hi> affirmed, that
<hi>he beareth not the sword in vain,</hi>
                        <note place="margin">Rom. 13.</note> and that they who have done <hi>evil ought to
fear;</hi> and of himself he professed that if he <hi>had done ought worthy of death
he did not refuse to die;</hi> and a caution given by S. <hi>Peter,</hi> that Christians
should take care that <hi>they doe not suffer as malefactors:</hi> and it being made
a note of hereticks that they are <hi>Traytors,</hi> that they are <hi>murmurers,</hi> that
<hi>they despise dominion,</hi> that <hi>they speak evil of dignities;</hi> and that we are com<g ref="char:EOLhyphen"/>manded
to <hi>pray for Kings and all that are in authority,</hi> for this reason, be<g ref="char:EOLhyphen"/>cause
they are the appointed means that men should <hi>live a peaceable and a
godly life;</hi> for piety, and peace, and plenty too depend upon good Go<g ref="char:EOLhyphen"/>vernments:
and therefore <hi>Apollo Pythius</hi> told the Lacedemonian Embassa<g ref="char:EOLhyphen"/>dors
that if they would not call home <hi>Plistonax</hi> their King from banish<g ref="char:EOLhyphen"/>ment
and restore him to his right, they should be forc'd to till their ground
with a silver Plough; that is, they should have scarcity of corn in their
own Cities, and be forc'd to buy their grain to relieve the famine of their
Country: for so the event did expound the Oracle; they grew poor and
<pb n="48" facs="tcp:58903:338"/>
starv'd because they unjustly suffer'd their King to live in exile. Adde to
these, that we are often commanded to <hi>obey them that have the rule over us;
to be subject to every ordinance of man;</hi> that <hi>Rulers are not a terror to good
works but to the evil,</hi> and many more to equal purposes.</p>
                     <p>Neither ought the precept of charity and forgiveness,<note place="margin">3.</note> which Christ so
often, so earnestly, so severely presses, evacuate the power of Princes.
For the precept of forgiving offendors does not hinder parents from cor<g ref="char:EOLhyphen"/>recting
their offending children; nor Masters from chastising their rebel<g ref="char:EOLhyphen"/>lious
servants; nor the Church from excommunicating them that
walk disorderly: these things rely upon plain Scriptures, and upon neces<g ref="char:EOLhyphen"/>sity,
and experience; and they doe evince thus much without any further
dispute, that some punishment may stand with the precept of forgiveness;
or at least, if he who is injur'd may not punish without breach of charity,
yet some one else may. And if it be permitted to the power of man to
punish a criminal without breach of charity; the power of the Magistrate
must be without all question; and that such a power can consist with cha<g ref="char:EOLhyphen"/>rity
there is no doubt, when we remember that the Apostles themselves
and the primitive Churches did deliver great Criminals over to the power
of Sathan to be <hi>buffeted, even to the destruction of the flesh, that their Souls
might be sav'd in the day of the Lord.</hi> S <hi>Paul</hi> delivered <hi>Elymas</hi> to blindness,
and S. <hi>Peter</hi> gave <hi>Ananias</hi> and <hi>Saphira</hi> to a corporal death.</p>
                     <p>But the great Case of Conscience is this.<note place="margin">4.</note> Although all punishments
less then death may like paternal corrections consist with charity (for they
may be disciplines and emendations) yet in death there is no amendment;
and therefore to put a man to death <hi>flagrante crimine,</hi> before he hath
mortified his sin, or made amends for it; that is, before it is pardon'd,
and consequently to send him to hell, is the most against charity in the
world, and therefore no man hath power to doe it: for God never gave
to any man a power to dispense justice to the breach of charity; and that
dispensation which sends a man to Hell, is not for edification, but for
destruction.</p>
                     <p>To this I answer,<note place="margin">5.</note> 1. That it is true that whatsoever is against cha<g ref="char:EOLhyphen"/>rity
is not the effect of justice; for both of them are but imitations and
transcripts of the Divine attributes and perfections, which cannot be con<g ref="char:EOLhyphen"/>trary
to each other. But when the faults and disorders of mankind have
intangled their own and the publick affairs, they may make that necessary
to them, which in the first order and intention of things was not to be en<g ref="char:EOLhyphen"/>dur'd.
Thus we cut off a leg and an arm to save the whole body; and the
publick magistrate, who is appointed to defend every mans rights, must
pull an honest mans house to the ground to save a town or a street: and
peace is so dear, so good, that for the confirming and perpetuity of it, he
may commence a warre which were otherwise intolerable. If therefore
any evil comes by such ministeries of justice, they who introduc'd the
necessity must thanke themselves. For it is necessary it should be so;
though it be but a suppositive and introduc'd necessity; onely he that in<g ref="char:EOLhyphen"/>troduc'd
it, is the cause of the evil; not he that is to give the best remedy
that he hath.</p>
                     <p>2. No man is to answer for an accidental effect that is consequent to<note place="margin">6.</note>
                        <pb n="37" facs="tcp:58903:338"/>
his duty. <hi>In omni dispositione attenditur quod principaliter agitur,</hi> saies the
law, <hi>l. si quis nec causam, ff. si certum petatur.</hi> I am to look to what is
principally design'd, not what accidentally can happen. If I obey God, it is
no matter who is offended. If I see that my neighbour will envy me
for doing good, and his eye will be evil because I am good, I am not to
omit the good, for fear his Soule perish; when my good is rather apt to
doe him good then evil: he is to answer for it, not I, for nothing that I
doe makes him evil, he makes himself so by his own choice. There are
many men that turn the grace of God into wantonness; and abuse the long
suffering and patience of God, and turn that into occasions of sin which
God meant for the opportunities and endearments of repentance; but if
God should leave to be gracious to mankind in the same method, out of
charity and compliance with the interest of the Souls of such miserable per<g ref="char:EOLhyphen"/>sons,
as they would be never the better, so the other parts of mankind
would be infinitely the worse.</p>
                     <p>3. It is true that Charity is the duty of every Christian;<note place="margin">7.</note> but as all Chri<g ref="char:EOLhyphen"/>stians
are not to express it in the same manner, so there are some expressions
of charity which may become some persons, and yet be the breach of
anothers duty: and some may become our wishes which can never be re<g ref="char:EOLhyphen"/>duc'd
to act; and because that is all we can doe, it is all we are oblig'd to
doe. When <hi>Vertagus</hi> was condemn'd to die for killing the brother of
<hi>Aruntius Priscus;</hi> the poor Father of the condemned man came and beg'd
for the life of his miserable son; but <hi>Priscus</hi> out of the love of his murder'd
brother beg'd with the same importunity that he might not escape; and
both their effects were the effects of charity. The charity of a Prelate and
a Minister of religion is another thing then the charity of a Prince. A
Mother signifies her love one way and a Father another; she by fond<g ref="char:EOLhyphen"/>ness
and tender usages, he by severe counsels and wise education; and when
the Minister of religion takes care concerning the Soul of the poor con<g ref="char:EOLhyphen"/>demn'd
man, the Prince takes care that he shall doe no more mischief, and
increase his sad account with God. The Prince and the Prelate are both
of them Curates of Souls and Ministers of Godliness; but the Prince
ministers by punishing the evil doer and rewarding the vertuous, and the
Prelate by exhortation and doctrine, by reproof and by prayer, by Sacra<g ref="char:EOLhyphen"/>ments
and discipline, by the key of power and the key of knowledg. The
effect of this consideration is this; that the magistrate by doing justice in
the present case does not doe against charity; because he does minister to
charity in the capacity and proper obligation of a Magistrate, when he does
his own work, which being ordain'd for good and not for evil, the office is
then most charitable and most proper for him, when he ministers to charity
in his own way that God hath appointed him. By his justice he ministers
to the publick Good, and that is his office of charity. That is his work;
let others look to their share.</p>
                     <p>4. The cutting off of a Malefactor is some charity to his person,<note place="margin">8.</note>
though a sad one; for besides that it prevents many evils, and forces him
to a speedy recollection, and a summary repentance, and intense acts of ver<g ref="char:EOLhyphen"/>tue
by doubling his necessity; it does also cause him to make amends to
the law; and that oftentimes stands him in great stead before the Tri<g ref="char:EOLhyphen"/>bunal
of Gods justice; <hi>paullum supplicii satis est Patri;</hi> God is sometimes
pleas'd to accept of a small punishment for a great offence; and his anger
<pb n="56" facs="tcp:58903:339"/>
many times goes not beyond a temporal death, and the cutting off some
years of his life.</p>
                     <p>5. That which concerns the Magistrate is,<note place="margin">9.</note> that he be just and chari<g ref="char:EOLhyphen"/>table
too. Justice of it self is never against charity; but some actions of
suppos'd charity may be against justice. Therefore the Magistrate in that
capacity is tied to no charity but the charity of justice, the mercies of the
law; that is, that he abate of the rigor as much as he can, that he make
provisions for the Soul of the criminal such as are fit for his need, that if
he can delay, he doe not precipitate executions. In what is more, the su<g ref="char:EOLhyphen"/>preme,
the law-giver is to take care, and to give as much leave to the
ministers of justice as can consist with the publick interest. For here it is
that there is use of that proposition, that all men are not tied to all the
exterior kinds and expressions of charity, but as they are determin'd acci<g ref="char:EOLhyphen"/>dentally.
It will not be suppos'd that the Judge is uncharitable if he doe
not preach to the condemn'd criminal; or if he doe not give him money
after sentence, or visit him in prison, or goe to pray with him at the block;
these are not the portions of his duty: but as his justice requires him to
condemne him; so his charity exacts of him as <hi>Judge</hi> nothing but the
mercies of the law.</p>
                     <p>6. That which is necessary to be done,<note place="margin">10.</note> is not against any mans duty,
or any precept of Christianity. Now that some sorts of persons should be
put to death is so necessary, that if it were not done it would be certainly,
directly and immediately a very great uncharitableness; and the Magistrate
should even in this instance be more uncharitable then he can be suppos'd
to be in putting the criminal to death. For a high-way thief and murderer
if he be permitted does cut off many persons who little think of death; and
such as are innocent as to the Common-wealth, are yet very guilty before
God: for whose Souls and the space of whose repentance there is but very
ill provision made, if they may live who shall send many Souls to hell, by
murdering such persons who did not watch and stand in readiness against
the sad day of their sudden arrest. If all such persons were to be free from
afflictive punishments, the common-wealth would be no society of peace,
but a direct state of warre, a state most contrary to governments; but if
there were any other less then death, the gallies and the Mines, and the
prisons would be nothing but nurseries of villains, which by their numbers
would grow as dangerous as a herd of Wolves and Lions: and if ever they
should break into a warre, like <hi>Spartacus</hi> and his rabble, who knows how
many Souls should be sent to Hell for want of time to finish their re<g ref="char:EOLhyphen"/>pentance?</p>
                     <p>7. If the condemn'd Criminal had never any time to repent,<note place="margin">11.</note> if he had
never thrown away any opportunities of salvation, he had never come to
that pass; and if he have, who is bound to give him as much as he will
need? And if it be unlawful for a magistrate to put a criminal to death that
hath not sufficiently repented, then no villain shall ever die by the pub<g ref="char:EOLhyphen"/>lick
hand of justice; and the worse the man is, the longer he shall live, and
the better he shall escape: for in this case, if he resolves privately that he
never will repent, he hath blunted the edge of the sword, and weakned
the arme of justice for ever that she shall never strike.</p>
                     <p>
                        <pb n="57" facs="tcp:58903:339"/>
8. God hath given a commission to Magistrates which they must not
prevaricate:<note place="margin">12.</note> if therefore a Criminal falls under the rods and axes of the
Consuls who are Gods Ministers for good to them that doe well, and for
evil to them that doe evil; it is not the Magistrate who is to be blam'd,
but the hand of God that is to be rever'd, who by this hand cuts him off,
and it may be therefore thus cuts him off because he will give him no lon<g ref="char:EOLhyphen"/>ger
time. However the Magistrate is to look to his rule, not to rare, and
accidental events; which are onely in the power of the Divine providence
and in the will of the Man to prevent.</p>
                     <p>9. No man can say that a condemn'd Criminal that makes the best
use of his time after sentence,<note place="margin">13.</note> or after his just fears of it, or after the appre<g ref="char:EOLhyphen"/>hension
of the probabilities of it, shall certainly be damn'd for want of more
time. For as no man knows just how much time is necessary; so neither
can he tell how deep the repentance of the Man is, nor yet how soon God
will return to mercy. Therefore upon so great uncertainties, and the pre<g ref="char:EOLhyphen"/>sumption
and confidences relying upon such a secret, to omit a certain duty
is no way allowable. It is true there are amongst some wise and pious per<g ref="char:EOLhyphen"/>sons
great fears in this case; but fear is very good when it is made use of
to good purposes, to obstruct the course of sin, but not the course of justice.
And some men fear in other cases very bad; which yet ought not to be made
use of to preserve the lives of Murderers. Some fear that all Papists shall
be damned, and some say that all Protestants are in as bad condition; and
yet he that thinks so, would suppose the case too far extended if it might
not be consistent, with charity to put (for examples sake) the gunpowder
Traytors to death, till they had chang'd their religion. Whatsoever we
fear, we are to give our brethren warning of it while it is time for them to
consider; but these doubtful disputes must not be us'd as artifices to eva<g ref="char:EOLhyphen"/>cuate
the purposes and defensatives of laws. And since the Magistrates
cannot know what the sentence of God concerning such persons shall
be, they may hope well as readily as ill, and then there is no pretence to
arrest the sentence beyond the prudent and charitable periods of the
law.</p>
                     <p>10. No change in government,<note place="margin">14.</note> no alteration of laws, no publick sen<g ref="char:EOLhyphen"/>tences
are to be made or alter'd upon the account of any secret Counsel of
God; but they are to proceed to issue upon the account of rules, and mea<g ref="char:EOLhyphen"/>sures
of choice, and upon that which is visible, or proved, that which is
seen and heard, that which God commands and publick necessities require;
for otherwise there can be no rule, no orderly proceedings, no use of wise
discourses, but chance and fear and irregular contingencies must overrule
all things.</p>
                     <p>11. The Magistrate gives sentence against Criminals for single acts,<note place="margin">15.</note>
not for vitious habits; for concerning these he hath nothing to doe, and if
the Criminal perish for these, it is onely chargeable upon his own account.
But if by the hand of justice he dies for a single act; the shorter time that
is usually allowed to those that are appointed to die may be so sufficient
that if the Criminal make full use of it, his case is not so desperate, as that
the objection can prevail: for if there be nothing else to hinder him, it may
be very well; but if there be any thing else, <hi>that</hi> he and not the Magi<g ref="char:EOLhyphen"/>strate
was first to have considered; for himself knew of it, the Magistrate
did not.</p>
                     <p>
                        <pb n="58" facs="tcp:58903:340"/>
12. Every man that lives under government knows the conditions
of it,<note place="margin">16.</note> those publick laws, and the manners of execution; and that he who
is surpris'd in his sin by the Magistrate, shall be cut off like him who by a
sudden sickness falls into the hands of God. It is a sudden death, which
every man ought to have provided for; onely in this case it is more cer<g ref="char:EOLhyphen"/>tain,
and to be expected: and he that knows this to be his condition, if
he will despise the danger,<note place="margin">See the Doctr. and Practise of Repentance, chap. 5. sect. 5. p. 280.</note> when he falls into it, cannot complain of the
justice of the law, but of his own folly which neglected life, and chose death
and swift destruction.</p>
                     <p>Though from these considerations it appears that the pretence of cha<g ref="char:EOLhyphen"/>rity
cannot evacuate that justice which hath given commission to all lawful
Magistrates,<note place="margin">17.</note> and warrant to all capital sentences, and authority to all just
warrs, in which it is more then probable many will be kill'd that are not
very well prepared: yet this power of inflicting capital punishments must
not be reduc'd to act in trifling instances, for the loss of a few shillings or for
every disobedience to command; it must not be done, but in the great and
unavoidable necessities of the Common-wealth. For every Magistrate is
also a Man; and as he must not neglect the care and provisions of that, so
neither the kindnesses and compassion of this. Nothing can make recom<g ref="char:EOLhyphen"/>pence
for the life of a man, but the life of a better, or the lives of many, or
a great good of the whole community. But when any of these is at stake,
it is fit the innocent be secur'd by the condemnation of the Criminal. And
this was excellently disputed by <hi>Cicero</hi> in his argument against <hi>Calenus</hi>
upon this very question.<note place="margin">
                           <gap reason="illegible" resp="#TECH" extent="1 letter">
                              <desc>•</desc>
                           </gap>hilippi<gap reason="illegible" resp="#TECH" extent="1 letter">
                              <desc>•</desc>
                           </gap>. 8.</note> 
                        <hi>Hoc interest inter meam sententiam &amp; tuam: ego nolo
quenquam civem committere ut morte multandus sit; tu etiamsi commiserit,
etiam conservandum putas. In corpore si quid ejusmodi est quod reliquo cor<g ref="char:EOLhyphen"/>pori
noceat, uri secarique patiamur, ut membrorum aliquod potius quam totum
corpus intereat. Sic in Reip. corpore ut totum salvum sit, quicquid est pestife<g ref="char:EOLhyphen"/>rum
amputetur. Dura vox; multo illa durior: salvi sint improbi, deleantur
innocentes, honesti, boni, tota Respublica.</hi> Cicero <hi>would have no Citizen de<g ref="char:EOLhyphen"/>serve
to die;</hi> but <hi>Calenus</hi> would have <hi>none die though he did deserve it.</hi>
But <hi>Cicero</hi> though it reason that as <hi>in the body</hi> natural <hi>we cut off an arm to
save the whole, so in the body politick</hi> we doe the same, <hi>that nothing remain
alive that will make the other die. It is a hard sentence: it is true, but this is
a harder. Let the wicked be safe; and let the innocent, the good, the just men,
the whole common-wealth be destroyed.</hi>
                     </p>
                     <p>This we see is natural reason,<note place="margin">18.</note> but it is more then so; it is also a na<g ref="char:EOLhyphen"/>tural
law,<note place="margin">Gen. 9. 6.</note> express'd and established by God himself. <hi>He that sheddeth mans
blood, in man,</hi> or <hi>by man, shall his blood be shed:</hi> which words are further
explicated by the <hi>Chaldee Paraphrast, Qui effuderit sanguinem hominis cum
testibus, juxta sententiam Judicum sanguis ejus fundetur,</hi> He that sheds
the blood of man with witnesses, his blood shall be shed by the sentence of
the Judge. For the Majesty of the supreme Prince or Judge.
<q>
                           <l>—justi</l>
                           <l>Vim terroris habet, procul an propè, praesto vel absens:</l>
                           <l>Semper terribilis, semper metuenda, suoque</l>
                           <l>Plena vigore manet,<note place="margin">Lib. 4</note> nullique impunè premenda</l>
                           <l>Creditur, &amp; semper cunctis, &amp; ubique timetur.</l>
                        </q>
said <hi>Guntherus</hi> with greater truth then elegance: he hath the force of a
just terror in all places, at all times, and upon all persons. And in pursuance
<pb n="59" facs="tcp:58903:340"/>
of this law all communities of men have comported themselves, as know<g ref="char:EOLhyphen"/>ing
themselves but Ministers of the Divine sentence; and that which is the
voice of all the world is the voice of nature, and the voice of God. The
summe of these things I give in the words of S. <hi>Austin. Non ipse occidit
qui ministerium debet jubenti, sicut adminiculum gladius est utenti. Ideo ne<g ref="char:EOLhyphen"/>quaquam
contra hoc praeceptum fecerunt, quo dictum est, Non occides, qui Deo
authore bella gesserunt, aut personam gerentes publicae potestatis, secundum
ejus leges, hoc est, justissimae rationis imperium, sceleratos morte puniverunt.</hi>
They who make just warrs, and those publick persons who according to
the laws put malefactors to death, doe not break the Commandement
which saies, Thou shalt not kill. For as the sword is not guilty of murder
which is the instrument of just executions, so neither is the man that is the
Minister of the Judge, nor the Judge who is the Minister of God; <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>,
<hi>God Minister of revenge and anger:</hi> and by fear
to restrain the malice of evil men, and to prevent mischief to the good, is
the purpose of authority and the end of laws.<note place="margin">Lib. 4. Etymol. c. 21. &amp; habe<g ref="char:EOLhyphen"/>tur. dist. 4. can. factae sunt leges</note> So <hi>Isidore, Factae sunt leges
ut earum metu humana coerceatur audacia, tutaque esset inter improbos inno<g ref="char:EOLhyphen"/>centia,
&amp; in ipsis improbis formidato suplicio refraenaretur nocendi facultas.</hi>
Fear is the beginning of wisdome, and fear is the extinction and remedy of
folly; and therefore the laws take care by the greatest fear, the fear of
death, to prevent or suppress the greatest wickedness.</p>
                  </div>
                  <div n="2" type="rule">
                     <head>RULE II. Penal laws doe sometimes oblige the guilty person
to the suffering the punishment, even before the
sentence and declaration of the Judge.</head>
                     <p>THat this is true concerning Divine Laws is without peradventure:<note place="margin">1.</note>
not onely because the power of God is supreme, meer, absolute, and
eternal, and consequently can oblige to what, and by what measure, and in
what manner, and to what purposes he please; but also because we see it
actually done in the laws and constitutions both Mosaical and Evangelical.</p>
                     <p>He that strake out an eye or tooth from a servant was bound to give
him his liberty:<note place="margin">2.</note> that is,<note place="margin">Exod. 21. 25, 26.</note> as his servant was a loser, so must he that caused
it; the man lost his tooth, and the Master lost the man; he gains his li<g ref="char:EOLhyphen"/>berty
that lost an eye. Now that this was to be done by the Master himself
without compulsion from the Judge, is therefore more then probable, be<g ref="char:EOLhyphen"/>cause
God who intended remedy to the injur'd servant had not provided
it, if he left the matter to the Judge, to whom the servant could have no
recourse without his Master please; and if he give him leave to goe, it is
all one as doing of it himself, for he that gives leave that himself be com<g ref="char:EOLhyphen"/>pell'd,
first chuses the things, and call is in aid from abroad to secure the thing
at home. But therefore God bound the conscience of the man, tying him
under pain of his own displeasure that the remedy be given, and the pe<g ref="char:EOLhyphen"/>nalty
suffered and pai'd under the proper sentence of the obliged criminal.</p>
                     <p>To the same purpose was that law made for him that lies with a wo<g ref="char:EOLhyphen"/>man
in the days of her separation,<note place="margin">3.</note> he shall be unclean until the evening;
<pb n="60" facs="tcp:58903:341"/>
Now that this was not to be inflicted by the Judge, but that the guilty per<g ref="char:EOLhyphen"/>son
should himself be the executioner of the penalty, is therefore certain,
because by another law concerning the same legal uncleanness it was de<g ref="char:EOLhyphen"/>creed,
that the fact shall be capital,<note place="margin">Lib. 2. chap. 2. Rule 3. n. 8.</note> that is, if it come before the Judge:
of which I have already given account.</p>
                     <p>Thus also God imposed upon him that eat of the holy things unwit<g ref="char:EOLhyphen"/>tingly,<note place="margin">4.</note>
the burden of paying the like, &amp; a fifth part besides for punishment
of his negligence and want of caution.<note place="margin">Levit. 22. 14.</note> This himself was to bring, toge<g ref="char:EOLhyphen"/>ther
with the price of redemption or expiation. Now this being done
against his will, might also be done without the observation of any other;
and yet upon the discovery he was thus to act his own amends and pe<g ref="char:EOLhyphen"/>nalty.</p>
                     <p>And indeed the very expence of Sacrifices,<note place="margin">5.</note> to the bringing of which
the criminals were sentenc'd by the law, is sufficient demonstration of this
inquiry; for it was no small burden to them, and diminution of their
estates, to take long journeys, and bring fat beasts and burn them to the
Lord; but to this they themselves were tied, without injunction from
the Priest, or sentence from the Judge. And this appears, because they
were tied to a distinct punishment if the matter fell into the Judges hand:
they were in case of theft to restore four-fold:<note place="margin">Num. 5. 6.</note> But if they had sinn'd in
this instance or in any other that men commit, they were bound to come
and confess it, and shall recompence the trespass with the principal thereof,
and adde a fifth part to him against whom they have trespassed. This the
Jews call <hi>confessionem super peccato singulari,</hi>
                        <note place="margin">
                           <gap reason="foreign">
                              <desc>〈 in non-Latin alphabet 〉</desc>
                           </gap>
                        </note> a special confession of a sin;
to which because the sinner was sentenc'd by the law, and had a lighter
amends appointed him if he did it voluntary, but a much heavier if he
came before the criminal Judge; it follows plainly that God tied these
delinquents to a voluntary or spontaneous susception of their punishment.
It was indeed an alleviation of their punishment; for the criminal was
bound to confess (say the Jewish Doctors) and say when the beast goes to
sacrifice, thinking as if he were going as the beast is, <hi>O Domine, ego reus
sum mortis, ego commeruissem lapidari propter hoc peccatum, vel strangulari
propter hanc praevaricationem, vel comburi propter hoc crimen, O Lord, I am
guilty of death, I have deserv'd to be ston'd, or strangled, or burnt alive for
this crime,</hi> according as the sin was: but his being the executioner of the
Divine sentence in the lesser instance did prevent the more severe and in<g ref="char:EOLhyphen"/>tolerable
condemnation.</p>
                     <p>For indeed such is the mercy and dispensation of God:<note place="margin">6.</note> Gods law de<g ref="char:EOLhyphen"/>crees
evil to him that does evil: if we become executioners of the law of
God and of his angry sentence, we prevent the greater anger of God; ac<g ref="char:EOLhyphen"/>cording
to that of S. <hi>Paul, judge your selves, brethren, that ye be not judged
of the Lord.</hi> If we humble our selves, God will exalt us; if we smite, he
will spare;<note place="margin">1 Cor. 11.</note> if we repent, he will repent: but therefore in these cases be<g ref="char:EOLhyphen"/>tween
God and us it is so far from being a grievance, that we become
executioners of the sentence decreed by law against us, that though it be
an act of justice in God to oblige us to it, yet it is also a very great mercy.
For as in the law of <hi>Moses,</hi> the spontaneous susception of the punishment
did prevent the heavier hand of the Judge from falling on him; so in the
Evangelical law, it prevents the intolerable hand of God. So that in
<pb n="61" facs="tcp:58903:341"/>
relation to the law of God it is an action of repentance; and repentance
being a penal or punitive duty, he that was tied to bring in his own obla<g ref="char:EOLhyphen"/>tion,
to make his own amends, to confess willingly his sin, was in effect tied
to nothing but to a voluntary repentance.</p>
                     <p>And thus it is also in some proportion in humane laws.<note place="margin">7.</note> For by these
premisses thus much is gain'd, that to oblige the criminal to a spontaneous
suffering of the punishment appointed by the laws of a just superior is not
naturally unjust, and it is not alwaies intolerable, and it may be very
reasonable, and it may be a design of mercy, or at least a very apt ministery
of justice: and therefore there can be no reasonable objection against it,
but that upon just account, and in just measures, and for great reason, and
by the proportions of equity it may be done in humane laws.</p>
                     <p>For 1.<note place="margin">8.</note> Whatsoever is not against the law of Nature, nor the law of
God, may be done or enjoyn'd to be done by the laws of Man; for the
power of Magistrates is the next great thing to God and Nature. Now
concerning this, we have security not onely from the foregoing instances,
but from the law of Christ concerning divorce upon the instance of adul<g ref="char:EOLhyphen"/>tery:
the offending party looses his or her right respectively over the
body of the other, and cannot lawfully demand conjugal rights. The in<g ref="char:EOLhyphen"/>jurious
person may begge for pardon and restitution; but is unjust if he
require any thing as duty. The woman looses her rights of society, and
the Man of superiority, in case they be adulterous; and if they doe not
quit their former rights, and sit down under their own burden, and minister
the sentence of God by their own hands, they sin anew: every such demand
or act of dominion is iniquity and injustice, it is an act of an incompetent
power, and therefore, under pain of a new sin, they must not act under it.</p>
                     <p>2. A man can inflict punishment upon himself.<note place="margin">9.</note> Thus <hi>Zacheus</hi> in
expiation of his sins offer'd half his goods to the poor, and restitution
fourfold; which was more then he did need; for if his confession and re<g ref="char:EOLhyphen"/>stitution
were spontaneous, he was tied onely to the principal, and the
superaddition of a fifth part, as appears above. But he chose the punish<g ref="char:EOLhyphen"/>ment,
even so much as the Judge himself could have inflicted. Thus we
read of a Bishop in the primitive ages of the Church who, <hi>quia semel tactu
foemineo sorduerat, because he had once fallen into uncleanness,</hi> shut himself up
in a voluntary prison for nine years together: and many we read of who
out of the Spirit of penance liv'd lives of great austerity, using rudenesses
to their bodies; by the pain of their bodies to expiate the sin of their Souls.
Now whatsoever any man hath power to doe to himself; that the law hath
power to command him; supposing a reason or a necessity in the law pro<g ref="char:EOLhyphen"/>portionably
great to the injunction, and to be of it self a sufficient cause of
the suffering. It is true a man may doe it to himself to please his humor,
or for vain-glory, or out of melancholy. I doe not say he does well in so
doing; but that he hath power to doe it, without doing injury to any one:
and if he does it to himself without cause, or without sufficient cause, he
does no man wrong; he does no more then he hath power to doe, alwaies
provided he keeps within the limits of the sixth Commandement. Now
although the law pretends not to this power of doing it without reason,
because all the power of the law is <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap> 
                        <hi>in relation</hi> to others, in
commutative and distributive justice, and publick and private charities; yet
<pb n="62" facs="tcp:58903:342"/>
the same authority which any man hath over himself in order to private
ends, the law hath over him in order to the publick; because he is a part
of the publick, and his own power over himself is in the publick, as every
particular is in the universal. Nay the law hath a greater power then
the man; for a man hath not power over his own life, which the law hath;
so that whatever a man alone can doe, that the law can command him to
doe: (except it be in such things which are wholly by God left in a mans
power, and are subjected to no laws of man, and commanded by no law of
God; as in the matter of single life, and other counsels Evangelical) the
same things (I say) though not for the same reasons. If therefore the man
can upon himself inflict an evil which he hath deserved, the law can com<g ref="char:EOLhyphen"/>pel
him, that is, she hath competent authority to doe it: and then he is
bound in Conscience.</p>
                     <p>3. In matters favourable,<note place="margin">10.</note> and yet of great interest, we find that there
are many events by the sentence of the law without the sentence of a Judge.
Thus the right of Primogeniture is sufficient ordinarily to enter upon the
inheritance without a solemn decree of Court; and if we consider the rea<g ref="char:EOLhyphen"/>son
of this, it will be of equal force in the present inquiry. For when mat<g ref="char:EOLhyphen"/>ters
are notorious, and the people willing, and it is every mans case, and
there is a great necessity, and publick utility, it is sufficient when the rule
is set; every man knowes his part, and his way, and Judges are not neces<g ref="char:EOLhyphen"/>sary.
But when men are to blame, and there are intrigues in causes, and men
will snatch at what is none of their own, and they will not understand their
duty, nor judge righteous judgements in things concerning themselves and
their neighbours; it is necessary that there be Judges and Advocates and
all the inferior Ministers of laws, that where the law is intricate, and men
cannot judge and discern aright, or when they are interested and will not,
the law may be interpreted, and their duty explained, and every man righted
that otherwise would be wrong'd. The sentence of the Judge is but
accidentally necessary: for the law saying that the eldest Son is heir
to an intestate Father, the case is plain, and who is the eldest Son is no<g ref="char:EOLhyphen"/>torious,
and he is willing enough to enter upon the inheritance; and there<g ref="char:EOLhyphen"/>fore
besides the law in this case there needs no sentence of the Judge. Now
the law is as plain in the condemnation of some crimes, and the assignation
of some punishments. But because men are not willing to enter into punish<g ref="char:EOLhyphen"/>ment,
and they are not tied publickly to accuse themselves, therefore there
are Judges to give sentence, and executioners appointed. And this is well
enough in some cases: but because there are some cases in which it is necessary
that the laws be obeyed in private as well as in publick, and yet without pe<g ref="char:EOLhyphen"/>nalties
a law is but a dead hand and a broken cord; the law annexes punish<g ref="char:EOLhyphen"/>ments,
but is forc'd to trust the sinning hand to be the smiter, because the
private action cannot be publickly punish'd, because not brought before
the Judge.</p>
                     <p>4. Besides this,<note place="margin">11.</note> there are some actions of so evil effect as to the pub<g ref="char:EOLhyphen"/>lick,
that for detestations sake they are to be condemn'd as soon as done,
hated as soon as nam'd, strangled as soon as born; and when by such a
sentence the act is represented so foul, the man stands more ready for re<g ref="char:EOLhyphen"/>pentance,
and himself is made the instrument. It is like a plain case in which
any man may be allowed to be a Judge: for modesty's sake and for huma<g ref="char:EOLhyphen"/>nity
every man will condemn some sins; even though themselves be the
<pb n="63" facs="tcp:58903:342"/>
guilty persons. However the law takes the wisest course to give an univer<g ref="char:EOLhyphen"/>sal
sentence, that as the man is <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>, so he may be <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>,
<hi>self-accus'd,</hi> and <hi>self-condemn'd;</hi> and not to expect the contingent
discovery, and the long deferred solemnities of law. <hi>Some sins goe before
unto judgment,</hi> saies the Apostle, <hi>and some follow after:</hi> that is, some are
condemn'd <hi>ipso jure</hi> by the law, and the man does <hi>ipso facto</hi> incurre the
penalty; others stay for the sentence of the Judge.</p>
                     <p>5. In the Court of Conscience every man is his own accuser,<note place="margin">12.</note> and his
own executioner; and every penitent man is a Judge upon himself: God
trusts man with the infliction of punishments and hard sentences upon him<g ref="char:EOLhyphen"/>self
for sin; onely if man fails, God will judge him to worse purposes; and
so does the law. And as the impenitent people favour themselves to their
own harm, for they sin against God even in their very forbearing to pu<g ref="char:EOLhyphen"/>nish
and to kill the sin: so doe the impenitent disobey the law by not
being their own executioners of wrath: but in both cases the Conscience
is oblig'd,</p>
                     <p>
                        <hi>The thing therefore is just, and reasonable, and useful.</hi>
                     </p>
                     <p>Now for the reducing of this to practice,<note place="margin">13.</note> and stating the cases of
Conscience for the subject, as I have already done for the law-giver, I am
to shew,</p>
                     <p>1. In what cases the Conscience of the subjects <hi>can be bound</hi> to inflict
penalties upon themselves without the sentence of the Judge.</p>
                     <p>2. By what signs we shall know when the law <hi>does intend so to bind;</hi>
that is, when the sentence is given by the law, so that the sinner is <hi>ipso facto</hi>
liable to punishment, and must voluntarily undergoe it.</p>
                     <div type="part">
                        <head>In what cases the Criminal is to be his own executioner.</head>
                        <p>1. When to the execution of the punishment appointed by the law
there is no action requir'd on the part of the guilty person,<note place="margin">14.</note> the conscience is
bound to submit to that sentence, and by a voluntary or willing submis<g ref="char:EOLhyphen"/>sion
verify the sentence, such as are excommunication, suspension, irre<g ref="char:EOLhyphen"/>gularity
and the like. Thus if irregularity be <hi>ipso facto</hi> incurr'd, the offen<g ref="char:EOLhyphen"/>ding
person is bound in Conscience not to accept a benefice or execute an
office to which by that censure he is made unhabile and unapt. If a law be
made that whoever is a common swearer shall be <hi>ipso facto</hi> infamous, he
that is guilty is bound in Conscience not to offer testimony in a cause
of law; but to be his own Judge and executioner of that sentence. But
this is not true in all cases, but with the provision of the following
measures.</p>
                        <p>2. If the law imposes a penalty to be incurred <hi>ipso facto,</hi>
                           <note place="margin">15.</note> yet if the
penalty be moderate, equal and tolerable, the Conscience is oblig'd to a
voluntary susception of it, before the sentence of the Judge, although the
sentence be not privative, but executive; that is, though there be some<g ref="char:EOLhyphen"/>thing
to be acted by the guilty person upon himself. Thus if excommu<g ref="char:EOLhyphen"/>nication
be incurred <hi>ipso facto,</hi> he that is guilty of the fact deserving it,
&amp; is fallen into the sentence, is not onely bound to submit to those estrange<g ref="char:EOLhyphen"/>ments
<pb n="64" facs="tcp:58903:343"/>
and separations, those alienations of society and avoidings which he
finds from the duty of others, but if by chance he be in a stranger place
where they know not of it, and begin Divine service, he is bound in Con<g ref="char:EOLhyphen"/>science
to goe away, to resign an Ecclesiastical benefice if he be possessed of
one, and other things of the same necessity for the verification of the sen<g ref="char:EOLhyphen"/>tence:
and the reason is, because every act of Communion or office is in
his case a rebelling against the sentence of the law, the verification of
which depends upon himself as much as upon others: for every such
person is like a man that hath the plague, all men that know it avoid him;
but because all men doe not know it, he is bound in Conscience to avoid
them, and in no case to run into their company, whether they know him, or
know him not. Now because this does not oblige to all sorts of active
executions of the sentence, the following measures are the limit of it.</p>
                        <p>3. The law does not oblige the guilty person to such active executi<g ref="char:EOLhyphen"/>ons
of the sentence which are meerly and intirely active;<note place="margin">16.</note> that is, which doe
not include a negative, or something contrary to the passive obedience.
Thus if a Traitor be sentenc'd to a confiscation of goods, &amp; this be <hi>ipso jure</hi>
incurred; the guilty person is not tied to carry all his goods to the pub<g ref="char:EOLhyphen"/>lick
treasure, but he is tied not to change, not to diminish, not to aliene,
not to use them otherwise then the law permits; because if he doe any
thing of these he does something against the sentence of the law, which in
his case is rebellion and disobedience. He may be truly passive and perfectly
obedient to the sentence of the law without hiring porters or wag<g ref="char:EOLhyphen"/>gons
to carry his goods away; and the custome of the law requires it
not: but if he does aliene his goods he hath not so much as the passive
obedience.</p>
                        <p>4. In punishments corporal the laws doe not proceed without the
sentence of the Judge;<note place="margin">17.</note> except it be in the court of Conscience, which is
voluntary and by choice. Thus no man is <hi>ipso jure</hi> condemn'd to be
hang'd, or to be whipp'd, and no man is by any law bound to inflict such
punishments on himself; because there is a natural abhorrency in such
actions, and it is that odious part of the law which is so much against nature
and natural affection that none but the vilest part of mankind are put to
doe it unto others: &amp; therefore because the laws doe enjoyn no such thing,
the inquiry is needless, whether in such cases the Conscience be oblig'd.
But this is wholly depending upon the manners of men, and the present
humors of the world. Amongst some nations it was otherwise; and no
question but it might be so, if by circumstances and the accidents of opinion
and the conversation of the world the thing were not made intolerable.
<hi>Plutarch</hi> tels of <hi>Teribasus,</hi>
                           <note place="margin">De supersti<g ref="char:EOLhyphen"/>tione.</note> that being arrested by the officers of death he
resisted with such a bravery as he us'd against the Kings enemies; but be<g ref="char:EOLhyphen"/>ing
told that they were sent by the King, he presently reached forth his
hands and offer'd them to the <hi>Lictors</hi> to be bound. But this was no great
matter, it was necessary, and he that is condemn'd to die by a just autho<g ref="char:EOLhyphen"/>rity,
ows to it at least so much that he resist not, that he goe to death
when he is called, that he lie down under the axe when he is commanded:
So did <hi>Stilico</hi> at the command of his son in law, <hi>Honorius</hi> the Emperour.
It was more which was done by the <hi>Lithuanians</hi> under <hi>Vitoldus</hi> their King,
who was brother to that <hi>Vladislaus</hi> famous for a memorable battel against
the Turks; he commanded many to death, and they died without the
<pb n="65" facs="tcp:58903:343"/>
Hang-man's hand, being the executioners of their King's laws upon them<g ref="char:EOLhyphen"/>selves.
And <hi>Sabellicus</hi> tels,<note place="margin">Lib. 2. En<g ref="char:EOLhyphen"/>nead. 1.</note> that the <hi>Ethiopians,</hi> when their King sent a
Messenger with the Ensigns of Death, they presently went home and died
by their own hands. And this was accounted among them so sacred an
obligation, that when a young timorous person thought to have fled, his
mother took her girdle and strangled him, lest he should dishonour his fa<g ref="char:EOLhyphen"/>mily
by disobeying the law out of fear of death. This was brave; but
some men cannot be willing to dye, and few can well suffer it: but there<g ref="char:EOLhyphen"/>fore
it is hard that any one should be compelled to doe it to himself.
Therefore the laws of Christendome are wise and gentle; and excepting
that of the Lithuanian Prince, who is reported to have been a Tyrant,
it is not enjoyned by any Prince or any law amongst us, that I know of.
But this is not onely true in active executions, but in the passive penalties,
which are very violent and extreme. Thus if a man were justly condemn'd
to be immur'd and starv'd to death, he is tied to submit to it, as not to re<g ref="char:EOLhyphen"/>bel,
and by violence quit himself: but he is not tied so much as to the
privative execution; that is, he is not bound to abstain from meat, if it
be brought to him. Thus we find in story, of the pious Persian Lady,
who to her Father condemn'd to death by starving gave her breasts to
suck, and preserv'd his life; and he not at all made infamous by not dying;
but had his life given as the reward of his Daughters piety.</p>
                        <p>5. Condemn'd persons are not tied to put themselves to death,<note place="margin">18.</note> or
cut off a member with their own hands, or doe execution, by doing any
action, or abstaining from doing any thing, when such doing or abstaining
is the sufficient, or the principal, or the immediate killing or dismem<g ref="char:EOLhyphen"/>bring.
But to the under-ministeries they are ti'de, which cannot be done
without them; that is, they are tied so far to act, as without which they
cannot suffer: and this is to be extended even to the principal and imme<g ref="char:EOLhyphen"/>diate
act of killing, if they onely ordinarily can doe it. Thus a condemn'd
Criminal is bound to go to execution, or suffer himself quietly to be car<g ref="char:EOLhyphen"/>ried;
to lie down under the Hangman's Axe, to ascend the Ladder: and
it is a great undecency of dying, and directly criminal, which is frequent
enough in <hi>France,</hi> and is reported of <hi>Marshal Biron,</hi> to fight with the Exe<g ref="char:EOLhyphen"/>cutioner,
to snatch the Weapons from the Souldiers, to force the Officers
to kill him, as a wild Bull or Lion is kill'd. * But a condemn'd man is also
tied to drink his poyson, if that be appointed him by law; for though this
be the immediate act of killing, to which ordinarily condemn'd persons
are not oblig'd, yet because it cannot well be done by an Executioner with<g ref="char:EOLhyphen"/>out
his consent, or extreme violence, the guilty person is bound to drink
it: the reason is, because the law must be obeyed, and at least a passive
obedience is to be given to the severest of her sentences; and the passive<g ref="char:EOLhyphen"/>ness
of a man is to be distinguish'd from the passiveness of a beast; that
which cannot be avoided, must be born well: and therefore if a man be
banished, he must go away, and not be dragg'd; and he that so resists the
laws, that he forces her Ministers to hale the Criminal to death like an un<g ref="char:EOLhyphen"/>willing
Swine, deserves the burial of an Asse or Dog. But this alwayes
must suppose the laws to be just, and the power competent; for else the
suffering person may consider, whether the quiet submission to it be not a
verification of the sentence, or of the authority, though even in such ca<g ref="char:EOLhyphen"/>ses
it is not the Hang-man that is unjust, or to be resisted, but the
Judge or the laws; and therefore they are to be protested or de<g ref="char:EOLhyphen"/>clar'd
<pb n="66" facs="tcp:58903:344"/>
against; for that is all which is left to be done by the oppressed
person.</p>
                        <p>6. When the punishments are principally or meerly medicinal,<note place="margin">19.</note> the
Conscience is bound to a voluntary execution of the sentence, if the law
requires it. For then the laws are precepts of institution and discipline;
and they are intended as mercies to the man, as well as to the publick;
and of mercy every man may very well be Minister. It hath in it no un<g ref="char:EOLhyphen"/>decency
for a man to mingle his own severe potion, or let himself blood,
or lance an Ulcer; and there is no more in the medicinal punishments of
the law. Thus the laws can command us to fast, to wear sackcloth upon
the bare skin, to go barefoot, to watch all night upon a solemnity of ex<g ref="char:EOLhyphen"/>piation,
to inflict disciplines, and the like; and for these we are to expect
no other process but the sentence of the law, no Judge but our Con<g ref="char:EOLhyphen"/>sciences,
no Executioners but our selves. This relies upon the former rea<g ref="char:EOLhyphen"/>sons,
and the meer authority of the law, and the nature of the thing free
from all objections.</p>
                        <p>7. All sentences of law which declare a fact to be void,<note place="margin">20.</note> or a charge
and expences to be lost, or a priviledge to cease, are presently obligatory
to the Conscience. <hi>Irrita prorsus ex nunc, &amp; vacua nunciamus,</hi> is usual in
the stile of laws: <hi>&amp; sit ipso jure irritum &amp; inane; &amp; careat omni robore
firmitatis, non obtineat vires;</hi> let it be of no force, let it not prevail, let it
be void, let him want all priviledge, all honour, dominion, action, or pro<g ref="char:EOLhyphen"/>fit.
For these and the like words, say the Logicians, have the force of an
universal sign, and doe distribute the Noun that is governed by the Verb;
so they speak; that is, it signifies and hath force in every particular, and
in every period of time; <hi>let it want force,</hi> that is, <hi>let it want all force,</hi> that
is, be of no use at all; <hi>careat</hi> is as much as <hi>omnino, penitus, prorsus careat.</hi>
                        </p>
                        <p>8. But these particulars suffer one limitation.<note place="margin">21.</note> A man is not bound to
suffer the penalty of the law before the sentence of the Judge, though the
fact be sentenc'd and condemn'd <hi>ipso jure,</hi> if the fact be made publick, and
brought before the Judge: Because he taking it into his cognisance, re<g ref="char:EOLhyphen"/>vokes
the former obligation, by imposing a new; by changing the method
of the law, and lessening the expectation. Thus by the laws Ecclesiastical,
which were antiently of force in <hi>England,</hi> and are not yet repeal'd, <hi>Not<gap reason="illegible" resp="#TECH" extent="1 letter">
                                 <desc>•</desc>
                              </gap>
                              <g ref="char:EOLhyphen"/>rius
percussor Clerici,</hi> he that openly or manifestly strikes a Bishop or Priest,
is <hi>ipso jure</hi> excommunicate; and to this sentence the guilty person is bound
to submit: but in case he be brought before the Criminal Judge, and
there be solemn process form'd, he may suspend his obedience to the law,
because the Judge calls him to attend to the <hi>sentence of a man.</hi>
                        </p>
                        <p>9. But yet this is also so to be understood to be true in all <hi>exceptis
sententiis irritantibus,</hi>
                           <note place="margin">22.</note> 
                           <hi>excepting sentences of the declaring actions to be null,</hi>
or <hi>priviledges void.</hi> For in these cases, though the Judge doe take into
his cognisance the particular fault, and give a declarative sentence of such
a nullity and evacuation, yet the action does not begin to be null, or the
priviledge to cease from the sentence of the Judge, but from the doing of
the fault, and the sentence of the law: and therefore if a question arises,
and the Judge declare in it, the nullity is onely confirm'd by the Judge,
but it was so by the sentence of the law. Now the reason of the difference
<pb n="67" facs="tcp:58903:344"/>
in the case of nullities and evacuations from other cases, is, because that
which is not, hath no effect, and can produce no action; and as a Citisen
told the people of <hi>Athens,</hi> who upon the first news of <hi>Alexander</hi>'s death
would have rebelled, Stay (sayes he) make no hast; for if he be dead to
day, he will be dead to marrow: So if the Judge declare that such an acti<g ref="char:EOLhyphen"/>on
was null, it was null all the way; if he sayes it be dead now as a pu<g ref="char:EOLhyphen"/>nishment
of the fault, it was dead as soon as the fault was done; for it
died by the hand of the law, not by the hand of the Judge. In other
things the limitation is to be observed.</p>
                        <p>10. And this also holds,<note place="margin">23.</note> in case that it be upon any account necessary
that the Judge give a declarative sentence: for sometimes in regard of
others, the Judge must declare such a person excommunicate, or depriv'd,
or silenc'd, or infamous, that they also may avoid him, or doe their respe<g ref="char:EOLhyphen"/>ctive
duties. But although the guilty person be in conscience regularly ob<g ref="char:EOLhyphen"/>lig'd
before that declarative sentence, it being nothing but a publication
of what was in being before; yet it being a favourable case, and the law not
loving extremities and rigours of animadversion, it is to be presumed that
the law gives leave to the guilty person to stay execution till publication.
Because no man is bound <hi>directly</hi> to defame himself; which he will hazard
to doe, if he executes the sentence upon himself before the Judge calls
others into testimony and observation of the sentence. But though the
sentence may upon favourable conditions be retarded, it must at no hand
be evacuated. Therefore if the Judge meddle not, the man is left to the
sentence of the law. And it is in all these particulars to be remembred,
that the law is a mute Judge, and the Judge is a speaking law. It is the
saying of <hi>Cicero;</hi>
                           <note place="margin">Lib. 1. Offic.</note> and from thence is to be concluded, that when the Judge
hath spoken, he hath said no new thing, and he hath no new authority;
and therefore if the law hath clearly spoken before, she hath as much au<g ref="char:EOLhyphen"/>thority
to bind where she intends to bind, as if she speaks by her Judges.</p>
                        <p>These considerations and this whole question is of great use in order
to some parts of repentance,<note place="margin">24.</note> and particularly of restitution. For if a law
be made, that if a Clerk within twelve months after the collation of a
Parish-Church be not ordain'd a Priest, he shall <hi>ipso jure</hi> forfeit his Eccle<g ref="char:EOLhyphen"/>siastical
Benefice; if he does not submit to the sentence, and recede from
his Parish, he is tied in Conscience to make restitution of all the after
profits which he receives or consumes. So that it hath real effect upon
Consciences, and the material occurrences of men.</p>
                        <p>But then for the reducing of it to practice,<note place="margin">25.</note> I am next to account by
what signs we shall know when it is <hi>sententia lata à jure,</hi> when it is <hi>lata ab
homine;</hi> when it is <hi>lata,</hi> and when <hi>ferenda;</hi> that is, when the Criminal is
to attend the sentence of the Judge, and the solennities of law and execu<g ref="char:EOLhyphen"/>tion
by the appointed Officer; and when he is to doe it himself, by his
own act or positive submission upon the sentence of the law.</p>
                     </div>
                     <div type="part">
                        <head>Signs by which we may judge when the Criminal is condemn'd
ipso facto.</head>
                        <p>The surest measures are these.<note place="margin">26.</note> Those laws contain <hi>sententiam latam,</hi>
                           <pb n="68" facs="tcp:58903:345"/>
and oblige the Criminal to a spontaneous susception of the punish<g ref="char:EOLhyphen"/>ment,
when 1. the law expresly affirms, that the guilty person does
<hi>ipso facto</hi> incurre the sentence without further process, or sentence of
the Judge.</p>
                        <p>2. When the law sayes,<note place="margin">26.</note> that the Transgressor shall be bound in con<g ref="char:EOLhyphen"/>science
to pay the fine, or suffer the punishment contain'd in the Sanction
of the law: which thing because it is not usual in laws, lest I should seem
to speak this to no purpose, I give an example out of the Spanish laws:
for I finde in the laws of the Kingdome of <hi>Castile</hi> divers instances to this
purpose;<note place="margin">Lib. 2. ordinat. Regal. tit. 9. l. 1.</note> particularly, after the assignation of the Secretaries fee, ap<g ref="char:EOLhyphen"/>pointing
how much he may receive for the instruments of grace which he
makes, it is added, <hi>Jurent quod observabunt eaquae in pracedenti capitulo
ordinata sunt, &amp; quod non accipient munera, &amp; quod solvent poenas si in eas
inciderint, ad quas ex nunc eos condemnamus, ità ut sint obligati in foro con<g ref="char:EOLhyphen"/>scientiae
ad solvendum eas, absque hoc quod sint ad illas condemnati.</hi> And the
same also is a little after decreed concerning Judges and publick Notaries,<note place="margin">Ibid. tit. 15.</note>
that they take nothing beyond their allowed fees and salaries; and if they
doe, they are to pay a certain fine. They are also to swear to observe that
ordinance; and in case they doe not, that they will pay the fines to
which the law does then sentence them, that they be bound in Con<g ref="char:EOLhyphen"/>science
to doe it without any further condemnation by the sentence of any
man. Now the reason of this is, because the Conscience being intrusted
and charg'd with the penalty, must suppose onely the duty and obligation
of the man whose Conscience is charg'd. It were foolish to charge the
Conscience, if the Conscience were not then intended to be bound to see
to the execution: but that could not be, if the sentence of the Judge were
to be expected; for that is a work of time, and will be done without
troubling the Conscience. Therefore the Conscience being made the
Sheriff or the Witness with the charge of execution, supposes the whole
affair to be his own private duty.</p>
                        <p>3. In censures Ecclesiastical it hath sometimes been the usage of the
<hi>Legislator</hi> to impose a penalty,<note place="margin">27.</note> adding, that <hi>donec satisfecerit,</hi> untill such or
such a thing be done, the Criminal shall not be absolved: and this also is
an indication that the sentence is made by the law, and is <hi>ipso facto</hi> incurred
by the Delinquent, because it leaves a secret tie upon his Conscience ob<g ref="char:EOLhyphen"/>liging
him to doe it; which were needless, if the Criminal Judge were to
be intrusted with it, for he is otherwise sufficiently intrusted with com<g ref="char:EOLhyphen"/>pulsories
to secure the executions. Of this nature is that Constitution of
<hi>Innocentius</hi> 4. <hi>cap. Romana,</hi> §. <hi>procurationes, de censibus, lib.</hi> 6. describing
the order for an Archbishop's visitation of his own, and the Dioceses of
his Suffragan Bishops; forbidding severely him or any of his followers to
receive a fee, bribe, reward, or present, <hi>qualitercunque offeratur, under
what pretence soever it be offer'd,</hi> lest he be found to seek that which is his
own, not that which is of Jesus Christ; adding, <hi>Quod si fuerit contrà prae<g ref="char:EOLhyphen"/>sumptum,
recipiens maledictionem incurrat, à qua nunquam nisi duplum re<g ref="char:EOLhyphen"/>stituat
liberetur, He that shall presume to doe otherwise, and receive any thing,
shall incurre a curse, from which he shall never be absolved till he have resto<g ref="char:EOLhyphen"/>red
it two-fold.</hi> This relies upon the former reason.</p>
                        <p>
                           <pb n="69" facs="tcp:58903:345"/>
4. <hi>Panormitan</hi> gives this rule,<note place="margin">28.</note> That when a sentence is set down in
the law in words of the present or preter tense,<note place="margin">Cap. Caeterum, &amp; cap. Nonnulli de rescriptis. cap. Novit. in fine de his quae fiunt à praelato.</note> it concludes the sentence to
be <hi>ipso facto</hi> incurred; for whatsoever is <hi>ipso jure</hi> decreed, is <hi>ipso facto</hi> in<g ref="char:EOLhyphen"/>curred:
and of this decree, the present and past tenses (saies the Abbat) are
sufficient indication. That is, if the words be damnatory; [as <hi>excommu<g ref="char:EOLhyphen"/>nicamus,
anathemate innodamus,</hi> we doe deprive him of all rights and offi<g ref="char:EOLhyphen"/>ces,
&amp;c.] for if the Judge using the like words passes a sentence by virtue
of those words, so does the law, there being the same reason, the same
aurhority, the same purpose signified by the same form of words. But if the
words be of the present or past time, and yet not immediately damnatory,
they doe imply the sentence to be made afterwards; as <hi>decernimus, defi<g ref="char:EOLhyphen"/>nivimus,
declaramus,</hi> and the like. But if these words signify onely <hi>mini<g ref="char:EOLhyphen"/>sterially,</hi>
and not <hi>principally,</hi> that is, if they be joyned with other words
in the present or past tense, then they declare the sentence past and <hi>ipso
facto</hi> to be incurred; as <hi>declaramus eum privatum dominio bonorum;</hi> then
the case is evident.</p>
                        <p>5. Of the same consideration it is when the sentence of the law is set
down with the verb substantive <hi>Sum,</hi>
                           <note place="margin">29.</note> of what tense soever, unless by a fu<g ref="char:EOLhyphen"/>ture
participle his nature be altered. Thus if a law saies, he that is absent
from his parish, without just cause to be approved by his Bishop, above six
moneths, <hi>est,</hi> or <hi>erit infamis, is</hi> or <hi>shall be infamous;</hi> the sentence is <hi>ipso
jure lata,</hi> inferr'd by law, and <hi>ipso facto</hi> incurr'd; because the verb annexes
the punishment to the fact without further process. But if the verb be
annexed to a future participle the case is altered; the sentence is not to be
undergone till the Judge have declared it. Now this relies upon the force
of the words and the proper grammatical way of speaking, which is the
best way of declaring the mind of a man, or the mind of the law; unless
where it is confessed that the law-giver did not intend, or use to speak pro<g ref="char:EOLhyphen"/>perly
or by grammar,<note place="margin">Lib. 17. cap. 7. Noct. Attic.</note> but by rude custome. This note I have in <hi>A. Gellius,
Verbum esse &amp; erit, quando per se ponuntur, habent atque retinent tempus
suum; cum vero praeterito junguntur, vim temporis sui amittunt, &amp; in prae<g ref="char:EOLhyphen"/>teritum
contendunt.</hi> If these words be not altered, they signify just by them<g ref="char:EOLhyphen"/>selves;
<hi>est</hi> or <hi>erit excommunicatus,</hi> or <hi>infamis,</hi> signifies the punishment
to begin as soon as the fact is done: but <hi>est excommunicandus,</hi> that is a fu<g ref="char:EOLhyphen"/>ture
that relates to another time, and staies for the sentence of the Judge.
But there must be something more to clear this. For if <hi>erit</hi> be the future
tense, why shall it not as well signify <hi>sententiam ferendam,</hi> as <hi>est excommu<g ref="char:EOLhyphen"/>nicandus;</hi>
since the verb is to be left to his own time, as well as the present
tense brought thither by a future participle? Therefore to this I adde,
that when the verb or participle does signify the action or ministery of
some other person besides the law and the Criminal, then it shews that the
declaration of the Judge is to be expected; as in [<hi>est excommunicandus</hi>]
that is, <hi>he is to be excommunicated, viz.</hi> by the sentence of his <hi>ordinary judge:</hi>
but <hi>erit infamis,</hi> or <hi>erit excommunicatus,</hi> implies no mans action at all,
but supposes the thing finish'd without any more to doe; and then comes
in the rule of <hi>Nigidius</hi> in <hi>A. Gellius</hi> before spoken of. <hi>Infamis</hi> signifies pre<g ref="char:EOLhyphen"/>sently,
that is, he shall be so from the doing of the crime; and <hi>excommuni<g ref="char:EOLhyphen"/>catus</hi>
signifies present or past, and therefore by it the future tense shall be
altered, and therefore the sentence presently incurred. But concerning
this particular, who pleases to be Critical and curious in minutes may de<g ref="char:EOLhyphen"/>light
himself by seeing seventy five fallencies, and alterations of cases
<pb n="70" facs="tcp:58903:346"/>
by the variety of tenses expressed in words of law, in <hi>Tiraquel</hi> in his ex<g ref="char:EOLhyphen"/>cellent
and large commentaries <hi>in L. Si unquam, C. De revocandis donationi<g ref="char:EOLhyphen"/>bus,</hi>
in the interpretation of the word <hi>Revertatur.</hi> For my own part, I
am content to assign such measures as are sure, plain, easy and intelligible.
<hi>Nobis non licet esse tam disertis.</hi>
                        </p>
                        <p>6. The sentence of the law does presently oblige the Conscience if it
be expressed in adverbs of hasty or present time;<note place="margin">30.</note> such as are <hi>confestim,
illico, extunc, extemplo, presently, forthwith, from thence forward,</hi> and the
like: for those who appoint the punishment to be incurred without any in<g ref="char:EOLhyphen"/>terval
of time, in effect say that we are not to expect the dull and long pro<g ref="char:EOLhyphen"/>tracted
methods of Courts, and Judges, and commissions, and citations, and
witnesses, and adjournments. <hi>Protinus, i. e. non expectato judiciorum
ordine,</hi> say the Lawyers.</p>
                        <p>Protinus ad regem cursum detorquet Hiarbas.</p>
                        <p>
                           <hi>Forthwith,</hi>
                           <note place="margin">Virgil. lib. 4. Aeneid. &amp; lib. 4. Geor.</note> that is, without the longer methods of the Court.</p>
                        <p>Nec mora, continuò matris praecepta facessit.</p>
                        <p>These words and their like have a present effect; and therefore doe signify
a present obligation of Conscience. Concerning the signification of which
and the like words it is hard to say whether we are to be guided by the
Lawyers or by the Grammarians. The Lawyers are the best witnesses of
sentences, and precedents, and the usages and customes of laws; and there<g ref="char:EOLhyphen"/>fore
can best tell how the laws are said to bind, and what sentences they
are said to contain: and because by them we are to be judg'd in publick if
questions doe arise, from them also we may take our rule in private. This
seems reasonable: but on the other side, I find that Lawyers themselves say
otherwise; and I have seen <hi>Tiraquel</hi> much blamed for quoting <hi>Bartholus,
Baldus,</hi>
                           <note place="margin">Alph. à Castro lib. 2. de leg. poen. cap. 7.</note> and <hi>Salicetus</hi> for the signification of the word [<hi>Mox, by and by</hi>]
which is of use in this present rule: because though they were great Lawyers,
yet they were no good Grammarians; and therefore that in these cases, <hi>Era<g ref="char:EOLhyphen"/>smus</hi>
and <hi>Calepine, Valla</hi> and <hi>Linacre, Cicero</hi> and <hi>Terence, Priscian</hi> and <hi>Dona<g ref="char:EOLhyphen"/>tus,</hi>
were the most competent Judges. There is something on both sides
which is to weigh down each other according as some other cosidera<g ref="char:EOLhyphen"/>tion
shall determine. But therefore as to the case of Conscience, I shall
give a better and surer rule then either one or other, or both: and
that is,</p>
                        <p>7. This being in matters of load and burden,<note place="margin">31.</note> by the consent of all
men, the Conscience and the guilty person is to be favour'd as much as
there can be cause for. Therefore whenever there is a dispute whether the
sentence of the law must be incurr'd presently, or that the sentence of the
Judge is to be expected; the presumption is alwaies to be for ease, and for
liberty, and favourable senses. Burdens are not to be impos'd upon Con<g ref="char:EOLhyphen"/>sciences
without great evidence, and great necessity. If the Lawyers differ in
their opinions concerning the sentence, whether it be already made, or is
to be made by the Judge, let them first agree, and then let the Conscience
doe as she sees reason. Thus if the word [<hi>Mox, by and by</hi>] be us'd in a
sentence of law, because we find that in some very good Authors it signi<g ref="char:EOLhyphen"/>fies
with some interval of time,<note place="margin">Lib. 1. de Divi<g ref="char:EOLhyphen"/>nat.</note> (as in <hi>Cicero, Discedo parumper à somniis,
ad quae mox revertor;</hi>
                           <note place="margin">Epist. ad Attic.</note> &amp;, <hi>praeteriit villam meam Curio, jussitque mihi nun<g ref="char:EOLhyphen"/>ciari
se mox venturum;</hi>) therefore we may make use of it to our advantage,
and suppose the Conscience of a delinquent at liberty from a spontaneous
<pb n="71" facs="tcp:58903:346"/>
execution of a sentence of law, if for that sentence he have no other sign,
but that the word <hi>Mox</hi> is used in the law.<note place="margin">Cap. in poenis de reg. ju<gap reason="illegible" resp="#TECH" extent="1 letter">
                                 <desc>•</desc>
                              </gap>. lib. 6.</note> 
                           <hi>In poenis benignior est interpre<g ref="char:EOLhyphen"/>tatio
facienda,</hi> In matters of punishment we are to take the easier part;
and that is, to stay from being punish'd as long as we can: and in propor<g ref="char:EOLhyphen"/>tion
to this <hi>Panormitan</hi> gives this rule, <hi>When the words of the law signifiy
the time past, or the time to come, we are to understand it in the more favoura<g ref="char:EOLhyphen"/>ble
sense; and that it includes the sentence of the Judge, before which the
Criminal is not oblig'd.</hi> And to this very purpose the words of infinite
and indefinite signification are to be expounded: and this answers many
cases of Conscience, and brings peace in more; and the thing being reaso<g ref="char:EOLhyphen"/>nable,
peaceful, and consonant to the common opinion of the Lawyers,
ought to pass for a just conclusion and determination of Conscience.</p>
                        <p>8. After all,<note place="margin">32.</note> as there is ease to the Criminal, so there must be care
of the law; and therefore when a law imposes a punishment which would
prove invalid, to no purpose and of no effect, unless it be of present force
upon the committing of the fact, it is to be concluded, the law intends it
for a <hi>sententia lata à jure,</hi> that it presently obliges the Conscience of the
guilty person. The reason is, because it cannot be supposed that the law
should doe a thing to no purpose, and therefore must intend so to oblige as
that the sin be punished. If therefore to expect the sentence of the Judge
would wholly evacuate the penalty, or make it insufficient to doe the pur<g ref="char:EOLhyphen"/>pose
and intention of the law; the sentence of the law must be suffered by the
guilty person without the Judge. And this is true, however the words of law
be used, whether in the past, present, or future time, whether simply or by
reduplication, whether imperatively or infinitely: such are the penalties of
infamy, irregularity, nullity of actions or contracts, especially if they be of such
contracts which if they once prove valid, are so for ever, as in the contract
of marriage. And therefore if a law be made that a man shall not marry her
whom in her husbands life-time he had polluted; this must be suppos'd to
be meant of nullifying the contract before it is consummate; that is, it is a
sentence which the criminal must execute upon himself: for if he does not,
but <hi>de facto</hi> marries the adulteress, and consummates the marriage, it will
be too late to complain to the Judge; for he cannot annul the contract
afterwards.</p>
                     </div>
                  </div>
                  <div n="3" type="rule">
                     <head>RULE III. Penalties impos'd by the Judge must be suffered
and submitted to, but may not after such sentence
be inflicted by the hands of the condemned.</head>
                     <p>THE first part of this Rule hath in it but little difficulty:<note place="margin">1.</note> for there is
onely in it this variety; In all punishments that are tolerable, that is,
all but death, dismembring, or intolerable and extremely disgraceful scourg<g ref="char:EOLhyphen"/>ings,
and grievous and sickly imprisonments, we owe not onely obedi<g ref="char:EOLhyphen"/>ence
to the laws, but reverence and honour; because whatsoever is less
then these, may without sin, and without indecency, and without great
violations of our Natural love and rights be inflicted and suffered.</p>
                     <p>
                        <pb n="72" facs="tcp:58903:347"/>
But the other evils are such as are intolerable in civil and natural ac<g ref="char:EOLhyphen"/>count;<note place="margin">2.</note>
and every Creature declines death, and the addresses and prepara<g ref="char:EOLhyphen"/>tions
to it with so much earnestness, that it would be very unnatural and
inhumane not to allow to condemn'd persons a civil and moral power of
hating and declining death, and avoiding it in all means of natural capacity
and opportunity. A man may, if he can, redeem his life with money, but
he must not corrupt justice; a man may run from Prison if he can, but to
doe it he must not kill the Gaoler; he may escape death, but he must not
fight with the Ministers of justice; he may run away, but he must not
break his word; that is, he may doe what is in his natural capacity to
avoid these violences and extremities of nature, but nothing that is against
a moral duty.<note place="margin">Lib. de men<g ref="char:EOLhyphen"/>dac. c. 13.</note> 
                        <hi>Non peccat quisquam cum evitat supplicium, sed cum facit ali<g ref="char:EOLhyphen"/>quid
dignum supplicio; He that avoids his punishment sins not, provided that
in so doing he act nothing else worthy of punishment.</hi> So S. <hi>Austin.</hi>
                     </p>
                     <p>This relies also upon a tacit or implicit permission of law;<note place="margin">3.</note> for in
sentences given by Judges, and to be executed by the Ministers of law,
the condemn'd person is not commanded, nor yet trusted with the execu<g ref="char:EOLhyphen"/>tion,
and it is wholly committed to Ministers of purpose: and therefore
the law supposes the condemn'd person infinitely unwilling, and layes bars,
restraints, guards and observators upon him; from all which if he can
escape, he hath done no more then what the law-giver suppos'd he was
willing to doe, and from which he did not restrain him by laws, but by
force. But if to fly from prison, or to decline any other sentence be ex<g ref="char:EOLhyphen"/>presly
forbidden in the law, or if it be against his promise, or if a distinct
penalty be annexed to such escapings, then it is plain that the law intends
to oblige the Conscience, for the law cannot punish what is no sin; it is in
this case a transgression of the law, and therefore not lawfull. But because
greater then death the law hath no punishment, it cannot but be lawfull for
a condemn'd man to escape from prison if he can, because the law hath no
punishment to establish a law against flying from prison after the sentence
of death. And if it be said, that if a prisoner who flyes be taken, he hath
more irons and more guards upon him, and worse usage in the prison, that
is matter of caution, not punishment, at least not of law: for as for the
Gaoler's spite and anger, his cruelty and revenge, himself alone is to give
accounts.</p>
                     <p>But now for the other part of the Rule there is some more difficulty;<note place="margin">4.</note>
which is caused by the great example of some great and little persons,<note place="margin">Vide Diogen. Laert. in Ze<g ref="char:EOLhyphen"/>non.</note> who
to prevent a death by the hand of their Enemies, with the additions of
shame and torment,<note place="margin">Alexander A<g ref="char:EOLhyphen"/>phrodisaeus in 2. de anima. Lucian. in Macrob.</note> have laid violent hands upon themselves. So did
<hi>Zeno</hi> and <hi>Chrysippus, Cleanthes</hi> and <hi>Empedocles, Euphrates</hi> the Philosopher
and <hi>Demosthenes, Cato Uticensis</hi> and <hi>Porcius Latro, Aristarchus</hi> and <hi>Anaxa<g ref="char:EOLhyphen"/>goras,
Cornelius Rufus</hi> and <hi>Silius Italicus.</hi> The Indians esteem'd it the
most glorious way of dying,<note place="margin">Galen. 5. de loc. affect. Plutarch. in Pericle. Suidas. <gap reason="illegible" resp="#TECH" extent="1 letter">
                              <desc>•</desc>
                           </gap>lin. l. 1. ep. 12.</note> as we find in<note n="*" place="margin">Lib. 15.</note> 
                        <hi>Strabo,</hi>
                        <note n="a" place="margin">In Phaedon. Platon.</note> 
                        <hi>Olympiodorus,</hi> and
<note n="b" place="margin">
                           <gap reason="foreign">
                              <desc>〈 in non-Latin alphabet 〉</desc>
                           </gap>. 4.</note> 
                        <hi>Porphyry:</hi> and <hi>Eusebius</hi> tels, that most of the Germans did use to hang
themselves. And amongst the Romans they that, out of shame of being
in debt, or impatience of grief, kill'd themselves, might make their Wils,
and after death they stood; <hi>manebant testamenta, pretium festinandi,</hi>
saith<note n="c" place="margin">Annal. 6.</note> 
                        <hi>Tacitus,</hi> that was <hi>the price of their making hast. Plato</hi> discoursing
of this question, said, <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>,
<hi>Peradventure a man must not doe violence to himself, for they say it is not
<pb n="73" facs="tcp:58903:347"/>
lawfull.</hi> Upon this, <hi>Olympiodorus</hi> discoursing on these words, reckons five
cases in which the Stoicks held it lawfull to kill themselves. 1. For publick
good. 2. For private necessity, to avoid a Tyrant's snare. 3. In cases of
natural madness. 4. When the body is intolerably afflicted. 5. and lastly.
In extreme poverty. And the Greeks commended a Pythagorean wo<g ref="char:EOLhyphen"/>man,
who being ask'd why she and her Sect did not eat beans, she said, she
would rather eat them then tell: but being commanded by a Tyrant to eat
them, she said, she would rather tell then eat them: but in fine she cut out
her tongue, because she would neither tast nor tell. Thus <hi>Seneca</hi> tels of a
Prisoner, that being to be expos'd to Beasts in the Theatre, he broke his
neck in the spondels of the wheel upon which he was drawn to the spe<g ref="char:EOLhyphen"/>ctacles;
and of another that dyed by a pertinacious holding of his breath.
But that of <hi>Sampson,</hi> and <hi>Saul,</hi> and <hi>Razis,</hi> are also brought into example;
and are alledged to prove, that a man may a few hours or dayes hasten his
death, if by so doing he takes the lighter part. S. <hi>Chrysostome</hi> tels of S. <hi>Pe<g ref="char:EOLhyphen"/>lagia;
Pelagia virgo quindecim annos nata sponte sibi necem maturavit.
Parata quidem erat ad cruciatus tormentáque &amp; omne suppliciorum genus per<g ref="char:EOLhyphen"/>ferendum:
sed metuebat tamen ne virginitatis coronam perderet: Being a
Virgin of fifteen years of age, of her own accord she hastned death unto her
self: she was indeed ready to have suffered all sorts of most exquisit torments,
but she was not willing to lose the Crown of her Virginity.</hi> Upon which fact
of hers he thus discourses, <hi>Hence you may perceive,</hi>
                        <note place="margin">Vide Front. Ducaeum Tom. 1. S. Chrysost. n. 628.</note> 
                        <hi>that the lust of the
wicked Hang-men struck fear into</hi> Pelagia, <hi>and therefore from their injurious
lust the Maiden remov'd and snatch'd her self: for if she might have kept the
Crown of her Virginity, and receive the Crown of Martyrdome besides, she
would not have refus'd the Judgement-seat; but because it was altogether ne<g ref="char:EOLhyphen"/>cessary
to lose the one of them, she had a just cause by her own voluntary death
to prevent so great an injury.</hi>
                        <note place="margin">Lib. 3. de Virgin.</note> And S. <hi>Ambrose</hi> writing to his Sister <hi>Mar<g ref="char:EOLhyphen"/>cellina,</hi>
expresly commends those Virgin-Martyrs, who, to prevent their
ravishments, did hasten their death by voluntary precipices, or drowning;
and particularly allows the fact of <hi>Pelagia.</hi>
                        <note place="margin">In cap. 1. Jonae, in haec verba, <hi>Mittite me in mare.</hi>
                        </note> To which I adde also S. <hi>Hie<g ref="char:EOLhyphen"/>rome,</hi>
who though he gives express testimony to the Rule, yet he excepts
the case of Chastity; <hi>Non est nostrum mortem arripere, sed illatam ab aliis
libenter excipere: unde &amp; in persecutionibus non licet propriâ perire manu,
absque eo ubi castitas periclitatur, sed percutienti colla submittere, We must not
snatch death with our own hands, but willingly receive it when it is impos'd by
others: and therefore in persecutions we must not dye by our own hands, unless
it be when our Chastity is in danger,</hi>
                        <q>
                           <l>—heu quanto melius vel cade peractâ</l>
                           <l>Parcere Romano potnit fortuna pudori?</l>
                        </q>
                        <hi>in other cases we must lay down our necks under him that strikes.</hi> And this
seems reasonable,<note place="margin">§. quod si ff. quod metus causâ.</note> because as the Emperour said, <hi>Viris bonis metum istum
[pudicitiae amittendae] majorem esse debere quam ipsius mortis,</hi> He that
fears to lose his Chastity, fears more justly then he that fears to lose his
Life.</p>
                     <p>To this I answer,<note place="margin">5.</note> that the case is indeed very hard; and every one
in this is apt not onely to excuse, but to magnifie the great and glorious
minds of those who to preserve their honour despis'd their life. And
therefore when the Moscovites broke into <hi>Livonia,</hi> and in their sacking of
the City <hi>Wenden</hi> us'd all manner of cruelties and barbarous immanities to
men and women, filling all the streets and houses with blood and lust; a
<pb n="74" facs="tcp:58903:348"/>
great many of the Citizens running to the Castle, blew up themselves
with their Wives and Children, to prevent those horrours and shames of
lust which they abhorred more then death.<note place="margin">Hii<gap reason="illegible" resp="#TECH" extent="1 letter">
                              <desc>•</desc>
                           </gap>or. Sep<gap reason="illegible" resp="#TECH" extent="1 letter">
                              <desc>•</desc>
                           </gap>entr.</note> Now <hi>Laurentius Muller,</hi> who
tels the story, sayes, that although the Preachers of <hi>Riga</hi> did in their Pul<g ref="char:EOLhyphen"/>pits
condemn this act of the Women and Maidens: yet the other Livoni<g ref="char:EOLhyphen"/>ans
and the Moscovites themselves did not onely account it sad and pi<g ref="char:EOLhyphen"/>tiable,
but excellent and admirable. And so the Author of the Books of
<hi>Maccabees</hi> commends the fact of <hi>Razias</hi> as glorious and great: but yet this
does not conclude it lawfull; for it is upon no account lawfull for a man of
his own accord to kill himself.</p>
                     <p>S. <hi>Austin</hi> denies to him the praise of magnanimity; <hi>Magis enim mens
infirma deprehenditur,</hi>
                        <note place="margin">Exposit. in Johan. tract. 52.</note> 
                        <hi>quae ferre non potest duram corporis sui sanitatem, vel
stultam vulgi opinionem,</hi> It is not greatness, but littleness of spirit, it is
either impatience or pride,<note place="margin">Et lib. 19. de Civit. Dei.</note> that makes a man kill himself to avoid trouble
to his body, or dishonour to his name amongst fools. I suppose he had it
from <hi>Josephus,</hi>
                        <note place="margin">Bell. Judaic. l. 3. c. 25.</note> who excellently and earnestly proves it to be cowardise to
lay violent hands upon our selves; and both of them might have it from
<hi>Aristotle,</hi> who will not allow it so much as to be brave and magnanimous
for a man to kill himself for the avoiding of any evil,<note place="margin">Lib. 3. Ethic. cap. 7. &amp; lib. 5. cap. ult.</note> 
                        <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>,
<hi>To dye
that we may avoid poverty, the torments of love, or any evil affliction what<g ref="char:EOLhyphen"/>soever,
is not the part of a valiant man, but of a coward.</hi>
                        <q>
                           <l>Hostem cum fugeret, se Fannius ipse peremit.</l>
                           <l>Hic rogo, non furor est, ne moriare mori?</l>
                        </q>
                        <hi>Fannius</hi> being pursued by the Enemy, kill'd himself for fear. It may be
cowardise to dye in some cases; and to dye to preserve our Chastity, is to
sin to avoid a sin,<note place="margin">Metamorph l. 7. fab. 25.</note> like <hi>Fannius</hi> his case of fear,
<q>
                           <l>—mortísque timorem</l>
                           <l>Morte fugant, ultróque vocant venientia fata:</l>
                        </q>
or as S. <hi>Chrysostome</hi>'s expression is, <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>,
<hi>To dye before the wound
is given, and to leap into the sea for fear of shipwreck:</hi> It is to doe violence
to our body to preserve it chast, to burn a Temple to prevent its being pro<g ref="char:EOLhyphen"/>phan'd.
And therefore it is no just excuse to say the Virgin-Martyrs did
it lest they should lose their Crown of Virginity: for though I shall not
urge the example of <hi>Abraham,</hi> who rather ventur'd his Wives Chastity
then his own life; yet this I say, that she that loses it by violence is never
the less a Virgin before God, but much more a Martyr. But then if any
one can suppose it fit to be objected, that if they lost their Material Vir<g ref="char:EOLhyphen"/>ginity,
there was danger, lest while they were abus'd, they should also be
tempted, and consent: I suppose it will be sufficient to answer, that a cer<g ref="char:EOLhyphen"/>tain
sin is not to be done to avoid an uncertain; and yet further, that this
could not be considerable in the case of the Martyrs: for besides that it is
suppos'd that they were infinitely fortified by the grace of God, their au<g ref="char:EOLhyphen"/>stere
<gap reason="illegible" resp="#TECH" extent="2 letters">
                           <desc>••</desc>
                        </gap>ves, and holy Habits, the rare discourses of their spiritual Guides,
their expectations of particular Crowns, the great reputation and honour
of Virgins, and the spirit of Chastity, which then very much prevail'd;
besides all this, I say, they had then (particularly S. <hi>Pelagia,</hi> and the Vir<g ref="char:EOLhyphen"/>gins
which S. <hi>Ambrose</hi> speaks of, had then) the sentence of death not onely
within them, but upon them; and the immediate torments which they
expected after ravishments, were a very competent mortification for any
<pb n="75" facs="tcp:58903:348"/>
such fears. And therefore as we should call it cowardise or impatience for
a man to kill himself that he may dye an easy death, and prevent the Hang<g ref="char:EOLhyphen"/>man's
more cruel hands; so it is a foolish and unreasonable caution, and a
distrust of the sufficiency of the Divine grace, to rush violently to death<g ref="char:punc">▪</g>
lest we should be dishonour'd or tempted in another instance: and it is not
bravery, but want of courage; <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>,<note place="margin">Ubi suprá.</note> It is
<hi>softnesse</hi> and <hi>effeminacy</hi> by death to flie the labours of a sadder accident,
saies <hi>Aristotle.</hi> But be it this or not this, it is certain it is something as
bad.</p>
                     <p>1. It is directly against the Commandement:<note place="margin">7.</note> 
                        <hi>and it is not for nothing
that in all the Canonical books we find no precept, no permission from God,</hi>
saith S.<note place="margin">Lib. 1. cap. 20. de Civit. Dei.</note> 
                        <hi>Austin, ut vel adipiscendae ipsius immortalitatis, vel ullius carendi,
cavendíque mali causâ nobismet ipsis necem inferamus. Nam &amp; prohibitos
nos esse intelligendum est, ubi Lex ait, Non occides: That either for the gai<g ref="char:EOLhyphen"/>ning
of immortality it self, or for the avoiding of any evil we should kill our
selves.</hi>
                        <note place="margin">Eth. Nic. li. <gap reason="illegible" resp="#TECH" extent="1 letter">
                              <desc>•</desc>
                           </gap>. cap. 11.</note> It is something like this which <hi>Aristotle</hi> saies, <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>.
<hi>Those things which the decrees
have appointed agreeable to vertue those are to goe for laws; as for example,
The Law does not command any man to kill himself, and because the law does
not command, therefore it does forbid:</hi> that is, because the law commands
no man (though he be condemn'd) to kill himself, therefore the law for<g ref="char:EOLhyphen"/>bids
him to doe it to himself; the law will not make a man executioner
even of her sentence, therefore she permits him not to execute his own.
But S. <hi>Austin</hi> addes beyond this, <hi>For then we were forbidden to doe it, when
God said, Thou shalt doe no Murder.</hi> And therefore it is observable that
although God said, Thou shalt not bear false witnesse <hi>against thy Neighbour;</hi>
yet he did not in this Commandement adde that clause of [<hi>contra proxi<g ref="char:EOLhyphen"/>mum</hi>]
nor in that of adultery; intimating that we must neither pollute nor
destroy <hi>our own</hi> bodies any more then the body of <hi>our neighbour.</hi>
                     </p>
                     <p>2. To prevent the hand of justice or of Tyranny in striking,<note place="margin">8.</note> is some<g ref="char:EOLhyphen"/>times
to prevent the hand of God in saving, and is an act of desperation
against the hopes of a good man, and the goodness of God: for helpe
may come in the interval. <hi>Caius</hi> the Emperor commanded some to be put
to death, whom he presently after infinitely wish'd to have been alive; the
hast of the Executioners destroyed the men, more then the rage of the
Prince: and it is all one if the man himself be hasty. And <hi>Pontanus</hi> tells
that when <hi>Angelus Ronconius</hi> was accus'd to Pope <hi>Nicolas</hi> the fifth that he
had given way to <hi>Aversus</hi> whom the Popes forces had enclosed, and gave
leave to him to pass over <hi>Tiber,</hi> the Pope commanded him to be proceeded
against according to law; but when he rose in the morning, and told his
Ministers he would more maturely consider the cause of <hi>Ronconius,</hi> they
told him he was that very night put to death, which caus'd extreme grief
to the Pope. Concerning a mans life all delay is little enough: and there<g ref="char:EOLhyphen"/>fore
for himself to hasten it is against prudence, and hope, and charity.</p>
                     <p>3. The argument of <hi>Lactantius</hi> is very good;<note place="margin">9.</note> 
                        <hi>Si homicida nefarius
est qui hominis extinctor est, eidem sceleri obstrictus est qui se necat,</hi>
                        <note place="margin">Lib. 3. Instit. cap. 18.</note> If
he that kills another is a wicked homicide, so also is he that kills himself.
Nay he is worse, said S. <hi>Chrysostom.</hi> And this besides that it relies upon the
<pb n="76" facs="tcp:58903:349"/>
unlimited, indefinite Commandement, which must be understood univer<g ref="char:EOLhyphen"/>sally
but where God hath expresly set it limits; and though he hath given
leave to publick Magistrates to doe it, who therefore are not under that
Commandement, yet because he hath not given leave to our selves to doe it
to our selves, therefore we are under the Commandement: besides this, I
say, it relies also upon this reason, that our love to our selves is the mea<g ref="char:EOLhyphen"/>sure
of charity to our neighbours; and if we must not kill our neighbour
because we must love him as our self, therefore neither must we kill our
selves, for then we might also kill our neighbour, the reason and the mea<g ref="char:EOLhyphen"/>sure,
the standard and the proportion being taken away.</p>
                     <p>4. To put our selves to death without the Command of God or his
lieutenant is impiety and rebellion against God;<note place="margin">10.</note> it is a desertion of our mi<g ref="char:EOLhyphen"/>litary
station, and a violation of the proprieties and peculiar rights of God,
who only hath power over our lives, and gives it to whom he pleases: and
to this purpose <hi>Cicero</hi> commends that saying of <hi>Pythagoras,</hi>
                        <note place="margin">Lib. de Senect.</note> 
                        <hi>nequis injussu
Imperatoris, id est, Dei, de praesidio &amp; statione vitae discedat;</hi> God is our
General, and he hath commanded to us our abode and station, which till he
call us off must not be deserted: and the same doctrine he recites out of
<hi>Plato,</hi>
                        <note place="margin">Somn. Scip. Vide Platonem in Phaedone.</note> 
                        <hi>Piis omnibus retinendum esse animum in custodia corporis, nec injussu
ejus à quo ille est datus ex hominum vita migrandum esse, ne munus huma<g ref="char:EOLhyphen"/>num
assignatum à Deo defugisse videamur.</hi> The reason is very good: God
gave us our soul and fixt it in the prison of the body, tying it there to a cer<g ref="char:EOLhyphen"/>tain
portion of work, and therefore we must not without his leave goe
forth, lest we run from our work that God hath commanded us. <hi>Josephus</hi>
saies it is like a servants running away from his Masters service: <hi>Et serv<gap reason="illegible" resp="#TECH" extent="1 letter">
                              <desc>•</desc>
                           </gap>s
quidem fugientes ulcisci justum creditur, quamvis nequam Dominos fugerint;
ipsi verò fugimus Deum &amp; optimum Deum, impiè facere non videbimur?
If servants flie from their cruel Masters they are justly punished; shall it not
be accounted impiety to flie from our good God, our most gracious Master?</hi> And
therefore <hi>Brutus</hi> condemn'd the fact of <hi>Cato</hi> his Father-in-law, <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>,
It was neither manly nor pious to sink under his for<g ref="char:EOLhyphen"/>tune,
and to flie away from those evils which he ought to have born nobly.
And therefore the <hi>Hebrews</hi> called dying, <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>, a dismission: <hi>Lord,
now lettest thou thy servant depart in peace,</hi> said old <hi>Simeon; Nunc dimittis.</hi>
When God gives us our pass, then we must goe, but we must not offer it
an hour before: he that does otherwise is, 1. ungrateful to God, by de<g ref="char:EOLhyphen"/>stroying
the noblest of his works below; 2. impious, by running from his
service;<note place="margin">Lib. 1. Tuscul.</note> and 3. distrustful of his providence. <hi>Nisi Deus is, cujus hoc Tem<g ref="char:EOLhyphen"/>plum
est omne quod conspicis, istis te corporis custodiis liberaverit, in coelum
aditus tibi patere non potest,</hi> said <hi>Cicero,</hi> Unlesse God open the gate for you,
you can never pass from the prison of the body, and enter into Heaven.
And the same is affirm'd by <hi>Hierocles,</hi>
                        <note place="margin">Ad Carm. aur. Pyth.</note> which I tell for the strangeness of it;
for he was a Stoick, yet against the opinion of his Sect, he spake on the
behalf of reason and religion: And this is the Christian sense,
<q>
                           <gap reason="foreign">
                              <desc>〈 in non-Latin alphabet 〉</desc>
                           </gap>,<note place="margin">Jamb. 18.</note>
                        </q>
Said S. <hi>Gregory Nyssen, We must stand bound, till God untie us.</hi>
                     </p>
                     <p>5. For a man to kill himself is against the law,<note place="margin">11.</note> and the voice, and the
very prime inclination of Nature. Every thing will preserve it self: <hi>No
man hateth his own flesh, but nourisheth and cherisheth it,</hi> saith the Apostle:
<pb n="77" facs="tcp:58903:349"/>
and therefore generally all Nations, as taught by the voice of Nature, by
the very first accents which she utters to all men, did abhor the laying vio<g ref="char:EOLhyphen"/>lent
hands upon our selves. When some of the old Romans hanged them<g ref="char:EOLhyphen"/>selves
to avoid the slavery that <hi>Tarquinius Superbus</hi> impos'd upon them of
making publick draught-houses; he commanded the dead bodies to be cruci<g ref="char:EOLhyphen"/>fied,
saies <hi>Servius.</hi>
                        <note place="margin">In 12. Aeneid.</note> So did <hi>Ptolemy</hi> to the body of <hi>Cleomenes</hi> who had killed
himself; and <hi>Aristotle</hi> saies it was every where receiv'd, that the dead bo<g ref="char:EOLhyphen"/>dies
of self-murderers should be disgrac'd some way or other; <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>,
by denying them burial: that was the usual way. So
did the <hi>Milesians</hi> to their maidens who hang'd themselves, they expos'd
their bodies to a publick spectacle: and <hi>Strabo</hi> tells that the Indian Priests
and wise men blam'd the fact of <hi>Calanus,</hi> and that they hated those hasty
deaths of impatient or proud persons. <hi>Alieno scelere quam meo mori malo,</hi>
said King <hi>Darius, I had rather die by the wickedness of another, then by my
own.</hi>
                     </p>
                     <p>6.<note place="margin">12.</note> 
                        <hi>Aristotle</hi> saies that they who kill themselves [hastening their own
death before God or the publick commands them] are injurious to the
Commonwealth; from whose service and profit they subtract themselves if
they be innocent, and if they be criminal, they withdraw themselves from
her justice:<note place="margin">Lib. 5. c. 11. Eth.</note> 
                        <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>,
<hi>He that kills himself does wrong to the
city; and is after death disgrac'd as an unjust person to the publick.</hi>
                     </p>
                     <p>Now then to the examples and great precedents above mentioned I
shall give this answer.<note place="margin">13.</note> 1. That <hi>Sampson</hi> is by all means to be excus'd, be<g ref="char:EOLhyphen"/>cause
S. <hi>Paul</hi> accounts him in the Catalogue of Saints who died in faith;
and therefore S. <hi>Austin</hi> saies he did it by a peculiar instinct and inspiration
of the Spirit of God. But no man can tell whether he did or no: and there<g ref="char:EOLhyphen"/>fore
I like that better which <hi>Peter Martyr</hi> saies in this inquiry; He did pri<g ref="char:EOLhyphen"/>marily
and directly intend onely to kill the enemies of God, which was
properly his work to which he was in his whole calling design'd by the
Spirit of God; but that he died himself in the ruine was his suffering, but
not his design; but like a Souldier fighting against his enemies at the com<g ref="char:EOLhyphen"/>mand
of his General undertakes the service though he knows he shall die
for it. Thus doe the Mariners blow up themselves in a sea-fight when they
can no otherwise destroy the enemy; they doe it as Ministers of justi<gap reason="illegible" resp="#TECH" extent="1 letter">
                           <desc>•</desc>
                        </gap>e,
and by command; else they are not to be excused: and he that gives it
must take care it be just and reasonable.<note place="margin">1 Macc. 6. 43.</note> Thus did the brave <hi>Eleazar Ha<g ref="char:EOLhyphen"/>baran</hi>
the brother of <hi>Judas Maccabaeus:</hi> he supposing their grand enemy
<hi>Antiochus</hi> to be upon a tower'd Elephant goes under the beast and kills
him, who with his fall crush'd the brave Prince to death; he intended
not to kill himself, but to kill <hi>Antiochus</hi> he would venture himself or
suffer death.</p>
                     <p>2. The fact of <hi>Saul</hi> is no just precedent,<note place="margin">14.</note> it looks like despaire: but
the Hebrews say that it is not lawful for any man to die by his own hands,
unless the prolongation of his life be a dishonour to God, and to a cause
of religion; and upon this account they excuse both <hi>Saul</hi> and <hi>Sampson,</hi> for
they knew that if they should fall or abide respectively in the hands of
scorners, the dishonour of their persons would disparage the religion, and
reach to God. So they. But this is not right: for we onely are to take care
<pb n="78" facs="tcp:58903:350"/>
of the laws of God, and of his glory in the waies of his own appointment;
for extraordinaries and rare contingencies, let him alone, he will secure his
own glory.</p>
                     <p>3. For <hi>Razias, Lipsius</hi> saies it is a question whether it was well or ill
done;<note place="margin">15.</note> and who please to see it disputed may read <hi>Lucas Brugensis</hi> on one
side and <hi>Nicolaus de Lyra</hi> upon the other. For my own part I at no hand
believe it fit to be imitated; but concerning what brave and glorious per<g ref="char:EOLhyphen"/>sons
doe, and by what Spirit they acted, I am not willing to give hasty
sentence: for there are many secrets which we know not; but we are to
follow our Rule, and not to trust any Spirit of which we are not sure it is
from God.</p>
                     <p>4. But of that which is most difficult I have already spoken something;<note place="margin">16.</note>
but shall adde more: for it is a pitiable case that vertuous women, highly
sensible of their honour, zealous for chastity, despisers of life, should not
as well receive the reward of their suffering to preserve the interest of
chastity, as of any other grace; especially since they chuse death rather
then shame, and would not willingly chuse either, but being forc'd, run to
death for sanctuary. It is true, it is much to be pitied; but that's all: <hi>ac
per hoc &amp; quae se occiderunt, ne quicquam hujusmodi paterentur, quis humanus
affectus eis nollet ignosci?</hi> Every man (saies S. <hi>Austin</hi>) will pity, and be
ready to excuse, or to wish pardon to such women who kill'd themselves to
preserve their honour.<note place="margin">Orat. de Pro<g ref="char:EOLhyphen"/>vinciis consu<g ref="char:EOLhyphen"/>laribus. Adv. Jovinian.</note> 
                        <hi>Cicero</hi> tells of certain noble Virgins that threw
themselves into pits to avoid the shame of their enemies lust: and S. <hi>Hie<g ref="char:EOLhyphen"/>rom</hi>
tels of seven <hi>Milesian</hi> Virgins, who, to prevent the rudeness of the
Gaules that destroyed all <hi>Asia,</hi> laid violent hands upon themselves. The
Greek Epigram mentions them with honour, but tells but of three:
<q>
                           <l>
                              <gap reason="foreign">
                                 <desc>〈 in non-Latin alphabet 〉</desc>
                              </gap>
                              <note place="margin">Lib. 3. <gap reason="foreign">
                                    <desc>〈 in non-Latin alphabet 〉</desc>
                                 </gap>
                              </note>
                           </l>
                           <l>
                              <gap reason="foreign">
                                 <desc>〈 in non-Latin alphabet 〉</desc>
                              </gap>.</l>
                           <l>
                              <gap reason="foreign">
                                 <desc>〈 in non-Latin alphabet 〉</desc>
                              </gap>
                           </l>
                           <l>
                              <gap reason="foreign">
                                 <desc>〈 in non-Latin alphabet 〉</desc>
                              </gap>.</l>
                        </q>
They chose a sad death before a mixture with the lustful blood of the <hi>Gala<g ref="char:EOLhyphen"/>tians.</hi>
And the Jews tell of a captive woman of their nation, who being in
a ship and design'd to ravishment, ask'd her Husband if the bodies of them
th<gap reason="illegible" resp="#TECH" extent="1 letter">
                           <desc>•</desc>
                        </gap>m that were drown'd in the sea should rise again: and when he had said
they should, she leap'd into the Sea. And among the Christians that did
so, there were many examples. Divers women of <hi>Antioch</hi> under <hi>Diocle<g ref="char:EOLhyphen"/>tian;</hi>
more under <hi>Chosroes</hi> the Persian; <hi>Sophronia</hi> under <hi>Maxentius;</hi>
S. <hi>Pelagia</hi> before mention'd; and divers others. These persons had great
Advocates; but I suppose it was upon the stock of pity and compassion
that so much bravery should be thrown away upon a mistake: and therefore
I find that S. <hi>Chrysostome,</hi> who commended this manner of death upon the
account of chastity, yet is not constant to it, but blames it in his commen<g ref="char:EOLhyphen"/>taries
upon the <hi>Galatians:</hi>
                        <note place="margin">Gal. 1. 4.</note> and the third <hi>Council</hi> of <hi>Orleans</hi> commanded that
the oblations of them that died by the hands of justice should be received,
<hi>Si tamen non ipsi sibi mortem probentur propriis manibus intulisse,</hi> alwaies
provided that they did not prevent the hand of justice, that they did not
lay violent hands upon themselves. I end this with the saying of <hi>Procopius,</hi>
                        <note place="margin">Gothicor. 4.</note>
which is a just determination of the case in it self. <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>,
<pb n="79" facs="tcp:58903:350"/>
                        <hi>A violent death, or a death
hastned by our own hands, is a thing unprofitable, and full of foolish violence;
and since it wants prudent counsel, it is by wise men judged to be but the image
and hypocrisie of valour and magnanimity.</hi> To which he addes, <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>,
<hi>This also ought to
be considered, that no man ought to be impious or ungratefull towards God.</hi>
This is the definition of the case. But then as to the persons of them that
did so, I have nothing to say but this, that they ought not to be drawn
into example: but for the whole, it was modest and charitable which was
decreed by the French Capitulars,<note place="margin">Lib. 6. c. 70.</note> 
                        <hi>Concerning him who hath kill'd himself,
it is consider'd, that if any one out of pity or compassion will give alms for
their souls</hi> (so was the custome of those times) <hi>let him give, and say prayers
and psalms, but not celebrate the solemn sacrifice for them; quia incomprehensi<g ref="char:EOLhyphen"/>bilia
sunt judicia Dei, &amp; profunditatem consilii ejus nemo potest investigare,
Because the judgements of God are incomprehensible, and the depth of his coun<g ref="char:EOLhyphen"/>sels
no man can fathom.</hi> This was more gentle then that of <hi>Virgil,</hi>
                        <note place="margin">Aeneid 6.</note>
                        <q>
                           <l>Proxima deinde tenent moesti loca qui sibi lethum</l>
                           <l>Insontes peperere manu, lucémque perosi</l>
                           <l>Projecere animas, quam vellent aethere in alto</l>
                           <l>Nunc &amp; pauperiem, &amp; duros perferre labores.</l>
                        </q>
He appointed a sad place in Hell for them that so cheaply out of impati<g ref="char:EOLhyphen"/>ence,
or to avoid a great trouble, threw away their souls. Fain would they
now return to light, and joyfully would change their present state with
all the labours and shames which they with hasty death so earnestly de<g ref="char:EOLhyphen"/>clin'd.
But he knew nothing of it, neither doe I, onely that it is not law<g ref="char:EOLhyphen"/>full.
But how they shall fare in the other World who upon such great ac<g ref="char:EOLhyphen"/>counts
are tempted, is one of God's secrets, which the Great Day will ma<g ref="char:EOLhyphen"/>nifest.
If any man will be pleased to see more against it, he may find it in
<note n="a" place="margin">Lib. 1. de ci<g ref="char:EOLhyphen"/>vit. Dei, c. 20. 21, 26. ep. 61. ad Dulcit. &amp; l. 11. contra 2. ep. Gaudent. c. 23.</note> S. <hi>Austin,</hi>
                        <note n="b" place="margin">Excid. Hie<g ref="char:EOLhyphen"/>ros. 3. c. 17.</note> 
                        <hi>Hegesippus,</hi>
                        <note n="c" place="margin">Epitom. log. c. 4.</note> 
                        <hi>Nicephorus Blennidas,</hi>
                        <note n="d" place="margin">Aethiop. 2.</note> 
                        <hi>Heliodorus,</hi> and di<g ref="char:EOLhyphen"/>vers
others, well collected by <hi>Fabrot</hi> in his 5<hi rend="sup">th</hi> Exercitation.</p>
                  </div>
                  <div n="4" type="rule">
                     <head>RULE IV. He that hath suffered the punishment is not dis<g ref="char:EOLhyphen"/>charg'd
in Conscience, unless he also repent of
the disobedience.</head>
                     <p>THis Rule is in effect the same with the first Rule of the first Chapter
of this Book:<note place="margin">1.</note> but because it is usually discours'd of also under the
head of Penal Laws, and there are many persons who, when they have
broken the law, and have suffered punishment, think themselves dis<g ref="char:EOLhyphen"/>charg'd,
and because it ministers some particularities of its own, I have
therefore chosen distinctly to consider it.</p>
                     <p>In this inquiry penal laws usually are distinguish'd into laws purely
penal,<note place="margin">2.</note> and mix'd. 1. Laws purely penal are such which neither directly
command, nor forbid, but impose a penalty upon him that does or omits
an action respectively.<note place="margin">Exod: 22. 1.</note> So <hi>Moses</hi> to the Children of <hi>Israelxf, If a man
shall steal an oxe or a sheep, and kill it or sell it, he shall restore five oxen for
one oxe, and four sheep for one.</hi> 2. A mix'd penal law is when with the
<pb n="80" facs="tcp:58903:351"/>
precept or prohibition the penalty is adjoyn'd: so said God, <hi>Ye shall not hurt
the widow or the fatherless;</hi>
                        <note place="margin">Ibid.</note> 
                        <hi>if ye hurt them, they shall cry unto me, and I will
hear their cry, and my fury shall be kindled, and I will strike you with the sword,
and your wives shall be widows, and your children fatherless.</hi> And of the same
nature is that Canon of the Council of <hi>Agatho,</hi>
                        <note place="margin">Can. Miss. de consecrat. dist. 1.</note> 
                        <hi>We doe by a special order com<g ref="char:EOLhyphen"/>mand
all secular persons to hear the whole Divine Service upon the Lord's Day,
so that the people presume not to go forth before the blessing of the Priest: but
if any man shall presume to doe so, let him be publickly punish'd by the Bishop.</hi>
3. Other laws are purely moral, that is, preceptive without any penalty.
This distinction <hi>Silvester</hi> derides as childish, and of no use; but others de<g ref="char:EOLhyphen"/>ride
him: but whatever use it can be of to other purposes, it is of little in
this. For whether the penalty be annexed or no, it obliges to penalty<note n="*" place="margin">Tacitè per<g ref="char:EOLhyphen"/>
                           <gap reason="illegible" resp="#TECH" extent="1 letter">
                              <desc>•</desc>
                           </gap>issum est quod sine ultione prohibetur. <hi>Tertull.</hi> 1. <hi>adv. Marc.</hi>
                        </note>;
and therefore whether it be preceptive or no, it also obliges to duty: and
we see it in ocular demonstration in divers of the Levitical and moral laws
of God, which sometimes are set down in the stile of laws purely penal, and
the same laws in other places are <hi>penal</hi> and <hi>prohibitive.</hi>
                     </p>
                     <p>1. But why are punishments decreed in laws?<note place="margin">3.</note> are they for the obe<g ref="char:EOLhyphen"/>dient,
or for the disobedient? for good men, or for bad? Certainly, for
them that doe not obey. Now they that obey not, doe well or ill, or it is
indifferent whether they doe or no: if they doe well, they are to be re<g ref="char:EOLhyphen"/>warded,
and not punished; if the thing after the sanction be still indiffe<g ref="char:EOLhyphen"/>rent,
why shall he suffer evil that does none? But the case is plain, that in
all just Governments the punishment is decreed in the laws, that the law
may be obeyed; and unless it be equally good to the Prince that his Sub<g ref="char:EOLhyphen"/>jects
obey or be punish'd, that is, unless it be all one to him whether they
be happy and advantaged, or miserable and punished, and that he cares not
whether the subject receives the good or the evil of the law, it cannot be
suppos'd that when the subject is punished, the law is satisfied in its first
intention.</p>
                     <p>2. Adde to this,<note place="margin">4.</note> If suffering the punishment does satisfie the law,
then the Subject is not tied to obey for Conscience sake, but onely for
wrath, expresly against the Apostle; and then laws would quickly grow
contemptible: for the great Flyes that break through the Cobweb-lawns
of penal laws, would be both innocent and unconcerned; innocent, as not
being tied in Conscience, and unconcerned, as having many defensatives
against the fine.</p>
                     <p>3. The saying therefore of S. <hi>Austin</hi> hath justly prevail'd,<note place="margin">5.</note> 
                        <hi>Omnis
poena si justa est,</hi>
                        <note place="margin">Lib. 1. Retract. c. 9.</note> 
                        <hi>peccati poena est, &amp; supplicium nominatur, Every penalty is
relative to an offence, and is called punishment.</hi> And there can be no reason
given why in laws there are differing punishments assign'd, but that they be
proportionable to the greatness of the fault. It follows therefore, that
whoever is oblig'd to suffer the punishment of the law, doe ask God's par<g ref="char:EOLhyphen"/>don
and the King's, for having done a sin by which onely he could be ob<g ref="char:EOLhyphen"/>lig'd
to punishment. <hi>Reatus</hi> or guilt, both in Divine laws and in humane,
is an obligation to punishment: for <hi>reatus poenae</hi> and <hi>reatus culpae</hi> differ but
as the right and left hand of a pillar; it is the same thing in several aspects
and situations.<note place="margin">A. Gellius, lib. 20. cap. 1.</note> And <hi>Lucius Neratius</hi> was a fool, and a vile person; and
having an absurd humour of giving every man he met a box on the ear, he
caused a servant to follow him with a bag of money, and caused him to pay
<pb n="81" facs="tcp:58903:351"/>
him whom he had smitten XXV <hi>Asses,</hi> a certain summe which was by the
law of the XII Tables impos'd upon him that did an injury: but con<g ref="char:EOLhyphen"/>sider'd
not that <gap reason="illegible" resp="#TECH" extent="1 word">
                           <desc>〈◊〉</desc>
                        </gap> that while he was a base and a trifling fool for doing in<g ref="char:EOLhyphen"/>jury
to the Citizens.</p>
                     <p>This Rule hold<g ref="char:punc">▪</g> in all without exception:<note place="margin">6.</note> it seems indeed to fail
in two cases, but it does not; onely the account of them will explicate and
confirm the Rule.</p>
                     <p>1. In actions which are not sins, but undecencies,<note place="margin">7.</note> or unaptnesses to a
state or office and action, the evils that are appendant to them are also but
<hi>quasi poenae,</hi> half punishments: such as is the irregularity that is incurred by
a Judge that gives sentence in a cause of Blood; he is incapable of entring
into Holy Orders by the antient laws of the Church. A Butcher is made
incapable of being of the Inquest of Life and Death: which incapacity is
not directly a punishment, any more then it is a sin to be a Butcher; but
certain persons are without their fault declar'd unfit for certain states o<gap reason="illegible" resp="#TECH" extent="1 letter">
                           <desc>•</desc>
                        </gap>
imployments. Now this confirms the Rule, for still the proportion is
kept; and if it be but like a fault, the consequent of it is but like a punish<g ref="char:EOLhyphen"/>ment.
And if at any time these appendages are called <hi>punishments,</hi> it is by
a <hi>Catachresis</hi> or an abuse of the word, and because of the similitude in the
matter of it. So we say, the righteous are punished, that is, they suffer evil,
for their own trial, or for the glory of God: and so it is in the Law, <hi>Sine
culpa, nisi subsit causa, non est aliquis puniendus, No man is to be punished
without his fault, unless there be cause for it:</hi> that is, no man is to suffer
that evil, which in other cases is really a punishment, and in all cases looks
like one. And from hence comes that known Rule, and by the same mea<g ref="char:EOLhyphen"/>sure
is to be understood, <hi>Etsi sine causa non potest infligi poena, potest tamen
sine culpa.</hi> The word <hi>poena</hi> is taken improperly for any evil consequent or
adjunct.</p>
                     <p>2. This seems to fail in laws that are conditional or conventional;<note place="margin">8.</note>
such as are when the Prince hath no intention to forbid or command any
thing, but gives leave to doe it, but not unless you pay a fine. Thus if a
Prince commands that none shall wear Spanish cloth, or ride upon a Mule,
or go with a Coach &amp; six Horses, under the forfeiture of a certain sum; this
sum is a punishment, and the action is a fault: but if the subjects shall ask
leave to doe it, paying the sum, then it is a conditional or conventional law,
and obliges not to obedience, but to pay the fine. For these laws are not
prohibitive, but concessory; and there is no sign to distinguish them from
others, but the words of the law, the interpretation of the Judges, and the
allowed practice of the subjects.</p>
                     <p>Of the same consideration are all promises and vows and contracts<note place="margin">9.</note>
which are made with a penalty annexed to the breakers. The interested
person is first tied to keep his word: if he does not, he sins. But if he does
sin he must therefore pay the penalty; and if he does not, he sins twice.
<hi>Haud scio</hi> (saies <hi>Cicero) an satis sit eum qui lacesserit, injuriae suae poenitere.</hi>
                        <note place="margin">Lib. 1. Offic.</note>
It is not enough for him to repent of the injustice, but he must also pay
his fine; and yet that does not acquit him from the first fault, but pre<g ref="char:EOLhyphen"/>vents
a second. He that so contracts is twice obliged, and the later fault
is paid by the penalty, and the first fault by repentance and <hi>that</hi> together.</p>
                  </div>
                  <div n="5" type="rule">
                     <pb n="82" facs="tcp:58903:352"/>
                     <head>RULE V. It is not lawfull for a guilty person to defend himself
by calumny, or a lie, from the penalty of the law,
though it be the sentence of death.</head>
                     <p>ALL the wisdome of Mankind hath ever been busy in finding out and
adorning <hi>Truth,</hi>
                        <note place="margin">1.</note> as being that in which we are to endeavour to be like
God,<note place="margin">Lib. 12. variar. hist.</note> who is Truth essentially: and therefore <hi>Pythagoras</hi> in <hi>Aelian</hi> did
say, that the two greatest and most excellent works that God gave to
Mankind to doe, are the pursuits of <hi>Truth</hi> and <hi>Charity;</hi> for these are ex<g ref="char:EOLhyphen"/>cellencies
for which God himself is glorious before Men and Angels.
The Persian <hi>Magi</hi> say, that <hi>Oromagdes</hi> (so they called the greatest of their
Gods) was in his body like <hi>light,</hi> and his soul was like <hi>truth;</hi> and that
therefore by truth we are like to God, but by a lye we are made mortal
(sayes <hi>Plato.</hi>)<note place="margin">Lib. 6. de Rep.</note> 
                        <hi>Veritas, quomodo Sol illuminans colores, &amp; album &amp; nigrum
ostendit, qualis sit unusquisque eorum, sic ipsa quoque refellit omnem sermonis
probabilitatem;</hi>
                        <note place="margin">Clem. Alex. lib. 6. cap. 4.</note> 
                        <hi>merto à Graecis quoque acclamatum est, Principium magnae
virtutis est Regina veritas, As the Sun gives light to us, and distinction to
black and white, so does truth to speech; and therefore the Greeks did rightly
affirm, that Truth is the beginning of the great Vertue,</hi> that is, <hi>of perfection,</hi>
or <hi>vertue Heroical,</hi> said S. <hi>Clement.</hi>
                     </p>
                     <p>This is true in all regards: but the question is,<note place="margin">2.</note> whether Truth can
be practis'd at all times. For God speaks Truth because it is his nature,
and he fears no man, and hath power directly to bring all his purposes to
pass: but the affairs of men are full of intrigues, and their persons of in<g ref="char:EOLhyphen"/>firmity,
and their understandings of deception, and they have ends to
serve which are just, and good, and necessary; and yet they cannot be ser<g ref="char:EOLhyphen"/>ved
by truth, but sometimes by errour and deception. And therefore the
Antients described <hi>Pan,</hi> who was the son of <hi>Mercury,</hi> their God of speech,
with the upper part like a man, and the lower part like a beast, rough, hai<g ref="char:EOLhyphen"/>ry
and deformed; not onely to signifie truth and falshood, and that truth
is smooth, even and beauteous, and a lye is rough, ugly, deformed, and
cloven-footed, (<hi>quia mendacii multiplex divortium,</hi> sayes one) but to
represent, that in our superiour faculties, and our intercourse with the
power above us, we must speak truth, but that in our conversation with
men below it is necessary sometimes by a lye to advantage charity, by losing
of a truth to save a life. Here then is the inquiry,</p>
                     <p>1. Whether it can in any case be lawfull to tell a lye.</p>
                     <p>2. Whether it be lawfull to use restrictions and mental reservations,
so that what we speak, of it self is false, but joyned to something within is
truth.</p>
                     <p>3. Whether and in what cases it is lawfull to equivocate, or use words
of doubtfull signification with a purpose to deceive, or knowing that they
will deceive.</p>
                     <p>4. Whether it be lawfull by actions and pretences of actions to de<g ref="char:EOLhyphen"/>ceive
others for any end; and in what cases it is so.</p>
                     <div n="1" type="question">
                        <pb n="83" facs="tcp:58903:352"/>
                        <head>Question I. Whether it can in any case be lawful to tell a lie.</head>
                        <p>To this I answer,<note place="margin">3.</note> that the Holy Scriptures of the Old &amp; New Testa<g ref="char:EOLhyphen"/>ment
doe indefinitely and severely forbid lying.<note place="margin">Prov. 13. 5. 30. 8. Psal. 5. 7.</note> 
                           <hi>A righteous man hateth ly<g ref="char:EOLhyphen"/>ing,</hi>
saith Solomon; and <hi>Agur's</hi> prayer was, <hi>Remove from me vanity and lies.
For the Lord will destroy them that speak lies.</hi> And our Blessed Saviour con<g ref="char:EOLhyphen"/>demns
it infinitely by declaring every lie to be of the Devil. <hi>When he
speaketh a lie he speaketh of his own, for he is a lier and the Father of it. Lie
not therefore one to another,</hi>
                           <note place="margin">Col. 3. 9. Revel. 21. 8, 27.</note> saith S. <hi>Paul: For all liers shall have their part
in the lake which burneth with fire and brimstone.</hi> Beyond these things no<g ref="char:EOLhyphen"/>thing
can be said for the condemnation of lying.</p>
                        <p>But then lying is to be understood to be something said or written
to the hurt of our neighbour,<note place="margin">4.</note> which cannot be understood otherwise then
to differ from the mind of him that speaks. <hi>Mendacium esse petulanter, aut
cupiditate nocendi aliud loqui, seu gestu significare, &amp; aliud sentire:</hi> so <hi>Me<g ref="char:EOLhyphen"/>lanchthon:</hi>
To lie is to deceive our neighbour to his hurt. For in this sense
a lie is naturally and intrinsecally evil; that is, to speak a lie to our neigh<g ref="char:EOLhyphen"/>bour
is naturally evil. Not because it is different from an eternal truth, for
every thing that differs from the Eternal truth is not therefore criminal
for being spoken, that is, is not an evil lie: and a man may be a lier
though he speaks that which does not differ from the Eternal truth; for
sometimes a man may speak that which is truth, and yet be a lier at the same
time in the same thing. For he does not speak truly because the thing
is true; but he is a lier because he speaks it when he thinks it is false. That
therefore is not the essence or formality of a lie. <hi>Vehementer errant qui
tradunt orationis esse proprium significare verum necessarium,</hi> said <hi>Scaliger:</hi>
A man may be a true man though he doe not alwaies speak truth. If he
intends to profit and to instruct, to speak probably and usefully, to speak
with a purpose to doe good &amp; to doe no evil, though the words have not in
them any necessary truth, yet they may be good words. <hi>Simonides</hi> and <hi>Plato</hi>
say it is <hi>injustice</hi> and therefore evil: so does <hi>Cicero,</hi> and indeed so does
the Holy Scripture, by including our neighbours right in our speaking
truth; it is <hi>contra proximum,</hi> it is against our neighbour; for to himself
no man can lie, and to God no man can lie, unless he be also an Atheistical
person, and believes that God knows nothing that is hidden, and so is impi<g ref="char:EOLhyphen"/>ous
when he saies a lie. But a lie is an injury to our neighbour; who be<g ref="char:EOLhyphen"/>cause
he knows not the secret, is to be told that in which he is concerned,
and he that deceives him abuses him.</p>
                        <p>For there is in mankind an universal contract implied in all their enter<g ref="char:EOLhyphen"/>courses,<note place="margin">5.</note>
and words being instituted to declare the mind, and for no other
end, he that hears me speak hath a right in justice to be done him, that as
far as I can what I speak be true; for else he by words does not know your
mind,<note place="margin">S. Gregor. lib. 26. Moral. cap. 7.</note> and then as good and better not speak at all. <hi>Humanae aures verba
nostra talia judicant, qualia foris sonant. Divina vero judicia talia esse audi<g ref="char:EOLhyphen"/>unt,
qualia ex intimis proferuntur.</hi> Though God judges of our words by
the heart, yet Man judges of the heart by the words; and therefore in justice
we are bound to speak so as that our neighbour doe not loose his right
<pb n="84" facs="tcp:58903:353"/>
which by our speaking we give him to the truth that is in our heart. And
of a lie thus defin'd, which is injurious to our neighbour so long as his
right to truth remains,<note place="margin">Epist 8. ad Hieron.</note> it is that S. <hi>Austin</hi> affirms it to be simply unlawful,
and that it can in no case be permitted, <hi>Nisi forte regulas quasdam datu<g ref="char:EOLhyphen"/>rus
es quibus noverimus ubi oporteat mentiri, ubi non oporteat;</hi> by way of
confidence and irony: he condemus it all, <hi>unless peradventure</hi> (sayes he)
<hi>you are able to give us rules when a man may lie,</hi>
                           <note place="margin">Eurip. in Phoeniss. Lactant. 6. instit. 16.</note> 
                           <hi>and when he may not. Quod
non est bonum, nunquam erit bonum,</hi> that which is not innocent in it self,
can never be made so. But <hi>vitia non sunt quibus rectè uti licet;</hi> if it can in
any case become good, it is not of its own nature evil: so that if a lye be
unjust, it can never become lawfull; but if it can be separate from injustice,
then it may be innocent. Here then I consider,</p>
                        <p>This right though it be regularly and commonly belonging to all men,<note place="margin">6.</note>
yet it may be taken away by a Superior right supervening; or it may be
lost, or it may be hindred, or it may cease upon a greater reason.</p>
                        <p>1. Therefore upon this account it was lawful for the Children of <hi>Israel</hi>
to borrow Jewels of the <hi>Egyptians,</hi>
                           <note place="margin">7.</note> which supposes a promise of restitution,
though they intended not to pay them back again: God gave them com<g ref="char:EOLhyphen"/>mandement
so to spoil them, and the <hi>Egyptians</hi> were devested of their
rights, and were to be us'd like enemies.</p>
                        <p>2. It is lawful to tell a lie to children or to mad-men,<note place="margin">8.</note> because they
having no powers of judging, have no right to truth: but then the lie must
be charitable and useful; because they are defended by the laws from
injury, and therefore must not have a lie told them that can doe them mis<g ref="char:EOLhyphen"/>chief.
So that if a lie be told it must be such as is for their good; for though
they have no right to truth, yet they have right to defence and immunity:
and an injurious lie told to a child or mad-man is a sin, not because it de<g ref="char:EOLhyphen"/>ceives
him, but because it deceives him to his prejudice. <hi>Quintilian</hi> the
great Master of children saies, <hi>Utilitatis eorum gratiâ multa fingimus,</hi> We
feign many things to affright or allure Children to good, and from evil re<g ref="char:EOLhyphen"/>spectively.
And so doe Physitians to their Patients, abusing the fancies
of hypochondriacal and disordered persons into a will of being cured. Some
will doe nothing without a warrant; others are impatient of your converse
unless you seem to believe them: and Physicians can never apply their
remedies, unless they pretend warrants, or compliances, and use little arts
of wit and cosenage. This and the like were so usual, so permitted to Phy<g ref="char:EOLhyphen"/>sitians,
that it grew to a Proverb, <hi>Mentiris ut medicus;</hi> which yet was al<g ref="char:EOLhyphen"/>waies
to be understood in the way of charity, and with honour to the pro<g ref="char:EOLhyphen"/>fession.
But this any Physitian may not doe, that is, not to every Patient:
for if the man be wise and can chuse and can consider, he may not be cosen'd
into his cure by the telling of a lie, because he is capable of reason, &amp; there<g ref="char:EOLhyphen"/>fore
may chuse what he hath a mind to, and therefore to cosen him is to in<g ref="char:EOLhyphen"/>jure
him; &amp; no man must commit a sin to doe a good turn to a man against
his will. * And thus also in the case of Children: their Tutors or Pa<g ref="char:EOLhyphen"/>rents
may not tell them every lie; they may not teach them lies and make
them confident in vanities;<note place="margin">Luc<gap reason="illegible" resp="#TECH" extent="2 letters">
                                 <desc>••</desc>
                              </gap>.</note> but for their good, govern them as they can
be governed. <hi>Ut puerorum aetas improvida ludificetur,</hi> all the world con<g ref="char:EOLhyphen"/>sents,
when it is for their improvement. And to this is reduc'd the per<g ref="char:EOLhyphen"/>mission
of inventing a wittie fable, or telling a false story, to gain ground
<pb n="85" facs="tcp:58903:353"/>
upon him that believes a false opinion, and cannot any other way so easily be
confuted.<note place="margin">Niceph. 16. c. 35.</note> Thus when two Eutychian Bishops, who believing that the two
natures of Christ made but one, did consequently believe that the Divi<g ref="char:EOLhyphen"/>nity
did die as well as the Humanity in the death of Christ, came to the
Court of a <hi>Saracen</hi> Prince, he pretended great sorrow and conste<gap reason="illegible" resp="#TECH" extent="1 letter">
                              <desc>•</desc>
                           </gap>
                           <g ref="char:EOLhyphen"/>nation
of mind at the receipt of some letters; into the contents where<g ref="char:EOLhyphen"/>of
when they with some curiosity inquired, the Prince with a seeming great
sorrow told them he had receiv'd certain intelligence that the Archangel
<hi>Gabriel</hi> was dead. They to comfort him told him certainly it could not be
true; and for their parts they did believe it to be impossible. O Fathers,
said the Prince, you doe not believe it to be impossible that an Archangel
should, when you affirm that the Divinity did die. Such a fiction as this
no wise man reproves; it is but like the supposing a false Proposition in dis<g ref="char:EOLhyphen"/>putation,
that upon that false supposition a true Conclusion may be erected.</p>
                        <p>3. It is lawful to tell a lie to our neighbour by consent,<note place="margin">9.</note> provided the
end be innocent or pious. Thus S. <hi>Chrysostom</hi> and S. <hi>Hierom</hi> say that S.
<hi>Peter</hi> suffer'd himself to be reprov'd by S. <hi>Paul</hi> before the <hi>Gentiles</hi> for
too much compliance with the Jews: not that he did it seriously, but <gap reason="foreign">
                              <desc>〈 in non-Latin alphabet 〉</desc>
                           </gap>,
he acted a part by consent to establish Christian liberty amongst
the <hi>Gentiles.</hi> I doe not consent to the instance, because S. <hi>Paul</hi> tels it to
the <hi>Galatians</hi> as a solemn story and a direct narrative, adding withall dog<g ref="char:EOLhyphen"/>matically,
that S. <hi>Peter was to be blam'd:</hi> but the instance will serve rightly
to illustrate this limitation of the Rule. But thus the parties in a warre
may write exactly contrary to the truth; when they are understood to what
purpose, and when it is by consent. Because he who hath the right to
truth hath quitted it, and his communication does serve the ends of soci<g ref="char:EOLhyphen"/>ety
well enough, and his words, though they are not agreeable to his ordi<g ref="char:EOLhyphen"/>nary
mind, yet they are made to be so by particular institution and de<g ref="char:EOLhyphen"/>signe.
Thus in besieged places they write letters of confidence and great
ostentation of the strengths which they have not; when their parties have
consented that they should doe so for their just advantages.</p>
                        <p>4. To tell a lie for charity,<note place="margin">10.</note> to save a mans life, the life of a friend, of a husband, of a Prince, of an useful and a publick person, hath not onely
been done in all times, but commended by great and wise and good men.
<gap reason="foreign">
                              <desc>〈 in non-Latin alphabet 〉</desc>
                           </gap>, <hi>To tell a lie to save a life is no
harm,</hi> said old <hi>Pisander.</hi> Thus the <hi>Egyptian</hi> midwives are commended be<g ref="char:EOLhyphen"/>cause
by their lie they sav'd the <hi>Israelitish</hi> infants. <hi>O magnum humanitatis
ingenium! O pium pro salute mendacium!</hi> saies S. <hi>Austin</hi> of them: it was an
excellent invention of kindness, and a pious lie for the safety of the inno<g ref="char:EOLhyphen"/>cents:
and S. <hi>Ambrose</hi> and S. <hi>Jerome</hi> commend them so, that they sup<g ref="char:EOLhyphen"/>pos'd
them to receive eternal rewards. The same was the case of <hi>Rahab;</hi>
to whom it should seem that <hi>Phinehas,</hi> who was one of the spies, had given
instruction and made in her fair dispositions to tell a lie for their conceal<g ref="char:EOLhyphen"/>ment.
For when she had hidden <hi>Caleb, Phinehas</hi> said to her, <hi>Ego sum
Sacerdos, Sacerdotes verò, quippe Angelorum similes, si volunt, aspectabiles
sunt; si nolunt, non cernuntur.</hi> But she made no use of that, but said
directly they were gone away. Concerning which lie of hers S. <hi>Chry<g ref="char:EOLhyphen"/>sostom</hi>
cries out, <gap reason="foreign">
                              <desc>〈 in non-Latin alphabet 〉</desc>
                           </gap>,<note place="margin">Homil. 5. de poenitent.</note>
                           <hi>O excellent lie! O worthy deceit of her
that did not betray the Divine persons, but did retain piety!</hi> Thus we find
<pb n="86" facs="tcp:58903:354"/>
S. <hi>Felix</hi> telling a lie to save his life from the Heathen Inquisitors.
<q>
                              <l>Felicem sitit impietas—</l>
                              <l>Felicemque rogant, Felix ubi cernitur: &amp; non</l>
                              <l>Cernitur ipse,<note place="margin">Natali 5. S. Felicis.</note> nec ipse vir est, cum sit propè, longè est.</l>
                              <l>—persensit &amp; ipse faventis</l>
                              <l>Consilium Christi, ridensque rogantibus infit,</l>
                              <l>Nescio Felicem quem quaeritis: ilicet illi</l>
                              <l>Praetereunt ipsum; discedit at ille plateâ,</l>
                              <l>Illudente canes Domino frustratus hiantes.</l>
                           </q>
They ask'd where <hi>Felix</hi> was; himself answer'd, that he knew not <hi>Felix</hi>
whom they look'd for: and yet no man finds fault with this escape. <hi>De<g ref="char:EOLhyphen"/>ceptio
&amp; mendacium semper aliàs mala res, tunc tantum sunt usui quando pro
remedio sunt amicis curandis, aut ad vitandum apud hostes periculum;</hi> they
are the words of <hi>Celsus</hi> in <hi>Origen. A lie is otherwise evil, onely it is then
useful when it is for remedy to cure the evils of our friends, or to avoid
the evils from our enemies.</hi> The same almost with the expression of
<hi>Clemens Alexandrinus,</hi> who allows <gap reason="foreign">
                              <desc>〈 in non-Latin alphabet 〉</desc>
                           </gap>, <hi>to lie
when it is a remedy.</hi>
                           <note place="margin">In Philopseu.</note> So <hi>Lucian</hi> amongst the Heathens, <hi>Qui cum usus postu<g ref="char:EOLhyphen"/>lat
mentiuntur, veniâ nimirum hi, imò laude plerique eorum digni sunt;
quicunque vel hostes fefellerunt, vel ad salutem tali quopiam pharmaco usi
sunt in necessitatibus: They are not onely to be excus'd or pardon'd, but to be
commended, that lie, when they use it as a remedy or a medicine in the danger
or necessities of our friends;</hi> where also the Scholiast does allows an officious
lie.<note place="margin">Lib. 5. Constit. cap. 37.</note> So we must use a lie, saies <hi>Cassian, quasi naturae ei insit hellebori,</hi> as a man
uses hellebore: and he commends <hi>Archebius</hi> for deceiving some persons
with a charitable lie. It is therefore no wonder if <hi>Pliny</hi> commends <hi>Arria</hi>
the wife of <hi>Caecinna Paetus</hi> for so often lying to her sick husband in the con<g ref="char:EOLhyphen"/>cealment
of the death of their beloved boy;<note place="margin">Lib. 3. Epist. 16.</note> which she therefore hid lest
the grief should extinguish her Husband. In short, S. <hi>Austin</hi> saies that all
the Philosophers,<note place="margin">Quaest. 68. in Levit.</note> as <hi>Plato, Xenophon, Lucian,</hi> the Lawyers, the Physicians,
the Rhetoricians and Theologues did affirm that it was sometimes lawful
to tell a lie; that is, when it did good and no evil: <gap reason="foreign">
                              <desc>〈 in non-Latin alphabet 〉</desc>
                           </gap>,
said <hi>Proclus, For Charity is better then truth,</hi> and to save
a mans life is better then a true story. The Archbishop of <hi>Tyre</hi> (as I re<g ref="char:EOLhyphen"/>member)
tells a story, that a malicious <hi>Saracen</hi> had secretly defiled one of
the Mosques or places of worship which the <hi>Turks</hi> have in <hi>Jerusalem.</hi> The
fact was imputed to the Christians, who generally denying it, but having
no credit with their enemies, were all presently drag'd to the place of exe<g ref="char:EOLhyphen"/>cution.
Amongst them there was young man pious and noble, who seeing
all his brethren in a sad condition and himself equally involved, by an offi<g ref="char:EOLhyphen"/>cious
and a charitable lie took the fact upon himself, and confess'd himself
alone to be the doer of it, and that the rest knew nothing of it. Himself
indeed was put to death with exquisite torments, but he sav'd the lives of
all the rest; who, I doubt not, believ'd that young man to have in heaven
a great reward for his piety, and no reproof for his innocent and pious lie:
for in memory of this noble act the Christians in <hi>Jerusalem</hi> once a year
marched with palms in their hands into the City to perpetuate the memory
of that deliverance.</p>
                        <p>5. Now this may be better admitted in case the charitable lye be
told to him to whom the good accrues;<note place="margin">11.</note> for then there is a leave justly pre<g ref="char:EOLhyphen"/>sumed,
and he that receives the good is willing to receive it with the loss
<pb n="87" facs="tcp:58903:354"/>
of an useless or hurtfull truth, and therefore there is no injustice done: as
he that takes his neighbour's goods, for which he hath reason to believe his
neighbour willing, is no thief, nor the other a deceiver. <gap reason="foreign">
                              <desc>〈 in non-Latin alphabet 〉</desc>
                           </gap>,
sayes <hi>Andronicus Rhodius, He does indeed deceive, but he is no deceiver;
because not the cosening but the curing of his friend is the purpose of his false
affirmative.</hi> And to this we suppose that every man is willing enough,
and therefore not at all injur'd. And this reason was good in such chari<g ref="char:EOLhyphen"/>table
deceptions which are by implicit consent or leave justly presumed:
so <hi>Darius Hystaspes</hi> in <hi>Herodotus, Ubi expedit mendacium dicere, dicatur;
nam idem optamus, &amp; qui mendacium dicimus, &amp; qui veritatem.</hi> Every
man is willing enough to be deceived into his own advantage; and there<g ref="char:EOLhyphen"/>fore
when it is so, in such things where the man is willing to receive advan<g ref="char:EOLhyphen"/>tage,
there is no harm done, if he be deceiv'd that he may not be undone.
He that is in danger of drowning is willing enough to be pull'd out of the
water, though by the ears, or the hair of his head; and we have reason to
believe so in the present affair. <hi>Mendacium nemini noxium, sed alicui com<g ref="char:EOLhyphen"/>modum,
honestum esse,</hi> said Bishop <hi>Heliodorus</hi> in his Fair Ethiopian. He was
indeed then writing a Romance, by which he intended to doe good and no
harm, and therefore believ'd himself innocent. Upon this account the
Apologues or Fables of <hi>Aesop,</hi> the Parables of wise men, and their dark
sayings, the cases which Lawyers put, and the fictions of law, have their
justification, <hi>Et prodesse solent, &amp; delectare</hi>—They hurt no man, and doe
good to every man; they doe him profit, and they doe him pleasure.
<q>
                              <l>Exit in immensum foecunda licentia vatum,</l>
                              <l>Obligat historicâ nec sua verba fide.<note place="margin">Ovid. 3. <gap reason="illegible" resp="#TECH" extent="1 word">
                                       <desc>〈◊〉</desc>
                                    </gap>.</note>
                              </l>
                           </q>
Poets doe intend to teach, not to deceive, in their fictions, and therefore
are allowed.</p>
                        <p>6. But if the lye be told to another for the preservation not of him<g ref="char:EOLhyphen"/>self,<note place="margin">12.</note>
but of a third person, then the case is more difficult, for here is no pre<g ref="char:EOLhyphen"/>sumptive
leave, but it is against the mind of the inquirer. Now concer<g ref="char:EOLhyphen"/>ning
this, though it be allowed by very many of the antient Doctours of
the Church, and by the wisest amongst the Heathens, and hath in it a very
great charity; yet I cannot see sufficient cause to allow it.
<q>
                              <l>
                                 <gap reason="foreign">
                                    <desc>〈 in non-Latin alphabet 〉</desc>
                                 </gap>
                              </l>
                              <l>
                                 <gap reason="foreign">
                                    <desc>〈 in non-Latin alphabet 〉</desc>
                                 </gap>,<note place="margin">Sophocl. in Creusa.</note>
                              </l>
                              <l>
                                 <gap reason="foreign">
                                    <desc>〈 in non-Latin alphabet 〉</desc>
                                 </gap>.</l>
                           </q>
                           <hi>It is at no hand good to tell a lye: but when a truth brings an intolerable evil,
it is pardonable, but not commendable;</hi> so the Greek Tragedy: because it is
of it self evil to lye to our neighbour. Not that every false propo<g ref="char:EOLhyphen"/>sition
spoken knowingly is a sin; but if it be spoken to deceive, and
not to profit, it is spoken to the injury of him that hears, and is a sin be<g ref="char:EOLhyphen"/>cause
it is unjust, and therefore not to be done for any good; and it is in
this very instance in which S. <hi>Paul</hi> was angry at them who intimated that
he told a lye for a good end: it may not be done, when to doe it is unjust
or injurious.<note place="margin">Caus. 22. qu. 2. c. Nequis.</note> I approve therefore the opinion of S. <hi>Austin,</hi> I am sure it
was one of his opinions, for in this question he had more then one; <hi>Duo
sunt genera mendaciorum in quibus non est magna culpa, sed tamen non sunt
sine culpa, There are two sorts of lyes which have in them no great fault, but
yet they are not innocent: the one is to lye in jest; which is therefore not per<g ref="char:EOLhyphen"/>nicious,
because it does not deceive, for it is taken but for a jest: the other is to
<pb n="88" facs="tcp:58903:355"/>
lye for the good of our neighbour; which therefore is the less, because it hath some<g ref="char:EOLhyphen"/>thing
in it of good will.</hi>
                           <note place="margin">Lib. de pudicit.</note> And <hi>Tertullian</hi> is of the same opinion, who reckons
this of <hi>necessitate mentiri,</hi> to lye in the time of need, amongst the sins of
daily incursion, or of an unavoidable infirmity. And S. <hi>Austin</hi> discourses it
very well;<note place="margin">De mendacio, ad Consenti<g ref="char:EOLhyphen"/>um.</note> 
                           <hi>When it is ask'd whether a good man may lye or no, we ask not
after him that belongs to</hi> Egypt, <hi>to</hi> Jericho, <hi>or to</hi> Babylon, <hi>or to the earthly</hi>
Jerusalem <hi>which is in bondage with her children: but what is his office that
belongs to the Mother of us all, that City that is from above? and then we an<g ref="char:EOLhyphen"/>swer,
that no lye is of the truth: but concerning the Citizens of this City it
is written, that a lye was not found in their mouths.</hi> So that upon this ac<g ref="char:EOLhyphen"/>count
all those examples recorded in Scripture of great persons telling a
lye in the time of the danger of themselves or others is no warrant, no ar<g ref="char:EOLhyphen"/>gument
of the lawfulness of it; for they were under a looser law, but we
under a more perfect and more excellent: and yet they did not doe well,
and if we imitate them we doe worse.</p>
                        <p>And therefore we find great examples of Christians and of Heathens,<note place="margin">13.</note>
whose Charity was not cold, but their love of truth and righteousness was
much warmer then in the former examples.<note place="margin">Lib. de men<g ref="char:EOLhyphen"/>dac. cap. 13.</note> S. <hi>Austin</hi> tels of <hi>Firmus</hi>
Bishop of <hi>Tagasta,</hi> that when one who by evil chance had kill'd a man fled
to him to be conceal'd from the avengers of blood; to the inquirers he
answer'd, <hi>Nec mentiri se posse, nec hominem prodere,</hi> He could neither lye,
nor yet betray the man. For which answer and refusal the Bishop being
brought before the Emperour, as a reward both of his charity and his truth,
he obtain'd pardon for the man. And it was a great thing which <hi>Probus</hi>
tels of <hi>Epaminondas,</hi> and <hi>Plutarch</hi> of <hi>Aristides,</hi> that they were so great and
severe lovers of truth, that they would not lye so much as in jest. Indeed
that was very well: and it is of greater obligation to Christians, to whom
not onely purity and simplicity, ingenuity and sincerity is commanded, but
all vain talking is forbidden. But the case is not so clear in the matter of
difference, when it happens between a great charity and an unconcerning
truth. For who would not save his Father's life, or the life of his King, or
of a good Bishop and a Guide of Souls, at the charge of a harmless lye,
from the rage of Persecutors and Tyrants? God indeed in his providence
hath so order'd the affairs of the world, that these cases seldome happen:
but when any man is surpris'd or tried, unless he be sure that it is in that
case a sin to tell a lye, he may be sure it is a very great sin to betray his
Prince or Prelate, his Father or his Friend. Every man in that case would
dispute hardly, rather then give up a good man to death. And if it be come
to a dispute, and that it be doubtfull on either hand whether the lye in that
case, or whether the betraying the man to death, be the sin, it is the safer
way to determine for the charity then for the veracity; because in case it
be a sin to give him up, it is much a greater sin then to tell such a lye: and
then comes in the rule, <hi>Caret peccato quod ex duobus minus est.</hi> The lye is
the less evil, and therefore it is no sin when it is chosen to avoid that which
for ought we know is the greater. But this is upon supposition that the
case is doubtfull. * To which also must be added, that it must also sup<g ref="char:EOLhyphen"/>pose
that it is just to save the man, or that we think it so: for to rescue a
Malefactor, a <hi>Bandito,</hi> a Fugitive of law, hath in it no such obligation.
But if it be just that the man be sav'd, <hi>that</hi> is a higher justice then the ob<g ref="char:EOLhyphen"/>ligation
of telling truth to the Persecutor; to whom it is as great charity,
if from him we take the power of doing evil, as it is justice to rescue the
<pb n="89" facs="tcp:58903:355"/>
innocent. Now this, and the opinion of so many great men that allow it,
and the favourable nature of the case, is enough at least to make this mat<g ref="char:EOLhyphen"/>ter
probable; and if there be a doubt, it is enough to establish it: the que<g ref="char:EOLhyphen"/>stion
being uncertain, is enough to make the practice certain.</p>
                        <p>And indeed if we consider things without the prejudice of easy and
popular opinions, though it be said, that to tell truth is an act of justice;
yet this is not true in all propositions, but in such truths onely which con<g ref="char:EOLhyphen"/>cern
a man for some real good to him, or for some imaginary good which
hath no real evil. But when the telling of a truth will certainly be the
cause of evil to a man, though he have right to truth, yet it must not be gi<g ref="char:EOLhyphen"/>ven
to him to his harm: it is like the giving to a mad-man his own sword;
you had better give him a wooden dagger, though the other be his own.
But in an unconcerning truth what interest can any man have that is worth
preserving? What wrong is done to me if I be told that <hi>Alexander</hi> dyed
upon the floor, and not upon a feather-bed? or that <hi>Pittacus</hi> his wife hurt
her fingers when she threw down the table of meat before her husband's
friends? Truth is justice when it does good, when it serves the end of
wisedome, or advantage, or real pleasure, or something that ought or may
be desir'd; and every truth is no more justice, then every restitution of
a straw to the right owner is a duty. <hi>Be not over-righteous,</hi> sayes <hi>Salomon.</hi>
In these things there is no question but the pretences of little justice
<hi>ought to serve the great end of charity;</hi> and much rather if the truth will
doe no good, and will doe hurt to him that inquires, and more to him who
is inquir'd after. The Persecutor hath a right to truth, but no right to be
undone; and therefore he is not wrong'd by that lye that saves him harm<g ref="char:EOLhyphen"/>less
in some measure, and his brother in more; and if he be not wrong'd,
then no man is: and then the lye that so well serves Charity, is not against
Justice; and unless every lye be intrinsecally evil and malicious, it hath in
such cases no irregularity. And if it be objected, that we must not tell a
lye for God, therefore much less for our Brother; I answer, that it does
not follow: for God needs not a lye, but our Brother does: and besides
this, there can no service be pretended to be done to God by a lye, but it
must be in the matter of justice or religion, in both which cases a lye is nei<g ref="char:EOLhyphen"/>ther
to be told for God nor our Brother; but a real service may be done
for our Brother by such a lye as sins neither against justice nor religion; in
which case onely I say it may seem to be allowable.</p>
                        <p>But then from these premisses the truth in the instance of the Rule is
established;<note place="margin">14.</note> for it is not lawfull for a guilty prisoner to say <hi>Not guilty,</hi>
when he is justly interrogated. <hi>Christianum non mentiri etiamsi moriatur
ex tormentis,</hi> said <hi>Clemens Alexandrinus,</hi> A Christian will not lye, though
to escape death with torments:<note place="margin">Num. 16.</note> For the law sayes, <hi>Thou shalt not kill;</hi> and
the law sayes, <hi>Thou shalt not lye:</hi> but the law it self does sometimes kill,
but the law does never lye. For although it be said, that no man is bound
to accuse himself, and indeed the laws of man doe not tie him to doe it:
yet this hinders not the conclusion in this case; for in the present case the
man is accused already, and he is not called to be his own accuser, but to
confess the fact if he be justly accused by the law: for why does the Judge
ask, but to be answer'd truly? For there being three wayes in law of pro<g ref="char:EOLhyphen"/>ceeding
to definitive sentence, 1. <hi>the notoreity of the fact,</hi> 2. <hi>the convi<g ref="char:EOLhyphen"/>ction
by witnesses,</hi> and 3. <hi>the confession of the party;</hi> in the destitution of
the <hi>first,</hi> to prevent the trouble of the <hi>second,</hi> the law interrogates con<g ref="char:EOLhyphen"/>cerning
<pb n="90" facs="tcp:58903:356"/>
the <hi>third;</hi> and it is as in the case of <hi>Joshuah</hi> and <hi>Achan, My son,
give glory unto the Lord, and confess thy fault.</hi> It is true, it is a favourable
case; and when a mans life is at stake, he hath brought himself into an evil
necessity: but there is no excusing of a false denial, but it is certainly Cri<g ref="char:EOLhyphen"/>minal,
and nothing can excuse it, unless the law should give leave to such
persons to say what they would, which cannot be suppos'd in any good Go<g ref="char:EOLhyphen"/>vernment;
for then trials of Criminal causes between the Judge and the
Thief would be like a match at fencing, and it is infinitely confuted by
those laws which use to examine by scourgings or torture; which whe<g ref="char:EOLhyphen"/>ther
it be lawfull or unlawfull, I doe not here determine, but I affirm to
be a great testimony, that laws doe not love to be played withall, but
when they ask soberly, intend to be answered truly.</p>
                        <p>This is also to be extended to the case of Advocates, who in a good
cause must not use evil arts. For we must not tell a lie for God, and there<g ref="char:EOLhyphen"/>fore
not for the interest of any moral vertue, nor for the defence of righ<g ref="char:EOLhyphen"/>teousness;
for a cavil or an injurious lie is out of the way to justice, and
she must not be directly wronged that she may be indirectly righted.
In the civil law it is permitted, that to avoid abuses and the injurious craft
of the opposite party, the advocate of the right may use all arts that are
not lies and falsity; <hi>Nec videtur dolo fecisse qui fraudem excluserit,</hi> saies
the law, l. <hi>Compater,</hi> § <hi>Titio,</hi> ff. <hi>de legat. secundo.</hi> He may be overthrown by
art, so he be not by that which is false: <hi>sic ars deluditur arte.</hi> But in the case
which the lawyers out of <hi>Baldus</hi> put, the question is evident. <hi>Agricola</hi> borrows
of <hi>Sempronius</hi> five hundred pounds, and pays him at the day, but without
witness: <hi>Sempronius</hi> sues him for the money: <hi>Agricola</hi> owes him none, but
cannot prove the payment; but yet may not when he is particularly in<g ref="char:EOLhyphen"/>terrogated,
to save himself from injury, deny that ever the received any.
He must confess the truth, though he pay the money again. <hi>Covaruvias</hi>
affirms that he may in this case lawfully deny that ever he received any;
because he is not indebted, he received none that remains in his hand: and
to other purposes the Judge cannot question him; and if he does he is un<g ref="char:EOLhyphen"/>just,
and therefore <hi>Agricola</hi> is not tied to answer rightly. But this is not
well said nor well considered. For the Judge being competent may re<g ref="char:EOLhyphen"/>quire
him to answer; and the intention of the question is not to know
whether <hi>Agricola</hi> have paid the money yea or no; but whether he bor<g ref="char:EOLhyphen"/>rowed
it. For if he did, the Judge is afterward to inquire concerning the
payment: and as <hi>Sempronius</hi> was tied to prove <hi>that,</hi> so is <hi>Agricola</hi> tied
to prove <hi>this;</hi> and a lie is not to be confuted by a lie, nor the error of
<hi>Agricola</hi> in not taking witnesses or an acquittance to be supplied by a direct
denial of a truth. * But if <hi>Sempronius</hi> have lent <hi>Agricola</hi> 500 li. whereof
he hath received 200 li. if the Judge aske whether he ows him that sum
which <hi>Sempronius</hi> demands, he may indefinitely and without more pun<g ref="char:EOLhyphen"/>ctuality
deny the debt, that is, of 500 li. saying that he owes it not: and
if the law be such that the confession of one part intitles him to the whole,
he may deny the whole to be due, in case he have paid a part. But with
these two Cautions, 1. That if he be ask'd concerning a part, he answer
to that as justly as he answers to the whole: 2. That he do not make use
of this subterfuge to defraud <hi>Sempronius</hi> of what is due debt, but only to
defend himself from the undue demand. These cautions being observed,
he hath liberty so to defend his cause, because <hi>majori summae negative pro<g ref="char:EOLhyphen"/>latae
minorem nec naturaliter nec civiliter inesse,</hi> say the lawyers. A man
by denying the whole does not deny the part, though he that affirms the
<pb n="91" facs="tcp:58903:356"/>
whole affirms the part; and therefore this defence is just because it is
true. * But now if in a just cause the Advocate or party may not tell a
lie; I conclude that <hi>much less</hi> may he doe it in an unjust cause, and for the
defence of wrong. But [<hi>much less</hi>] signifies nothing, for it may not at
all be done in either; and in pure, perfect negatives there can be no degrees.
But in artifices and crafty entercourses there is some difference; these may
be used to defend a just cause that can no other way be defended; but they
may not be used to promote an evil cause; because they of themselves
though they be indifferent, yet not serving a good end but an evil, do there<g ref="char:EOLhyphen"/>fore
become evil. And therefore the Greek that denyed the <hi>depositum</hi> of his
friend, and offered to swear at the Altar that he had restor'd it already,
did not preserve his conscience and his oath by desiring his friend to hold
the staffe in which he had secretly conveyed the money. It is true, he de<g ref="char:EOLhyphen"/>livered
it into his hand, desiring that he would hold it till he had sworn;
but that artifice was a plain cosenage, and it was prettily discovered: For
the injur'd person in indignation at the perjury smote the staff upon the
ground, and broke it, and espied the money. But that made all right in<g ref="char:EOLhyphen"/>deed,
though against the intention of the perjurer. Such like arts as these
must not be us'd to doe a mischief: if they doe charity and justice, if they
have not something to ligitimate them, they have very much to excuse
them.</p>
                        <p>7. It is lawfull to doe otherwise then we have said,<note place="margin">15.</note> when the doing
is better then the saying: if the saying were ill, there is no scruple of it;
for it ought not to be done, but the saying is to be repented of: not that the
saying was a lie, for there is no way of making it good but by causing it to
pass into a lie, that is, into vanity and nothing. But then, if the saying be
less good, and the deed be contrary, and yet much better, the truth is not so
much as the bounty; and there is no injustice in the lie, because there is
charity in the action, and a sufficient leave presum'd to be given by him
that is concerned. Thus the Emperor that said he would cut off every
one that pissed against the wall, being afterwards appeased and perswaded
to mercy towards them that had done amiss, he expounded his words con<g ref="char:EOLhyphen"/>cerning
dogs, and caused all the dogs in the Town to be kill'd. No man
here was injur'd; and it had been an importune adhering to a truth, and a
cruel verification of his word, to have prefer'd his word before the lives
of so many Citizens.</p>
                        <p>8. It is not lawfull to tell a lie to save our fame;<note place="margin">16.</note> but we must rather
accuse our selves then tell a lie, or commit any other sin. <hi>Nemo tenetur in<g ref="char:EOLhyphen"/>famare
se,</hi> is a rule universally admitted amongst the Casuists, <hi>No man is
bound to discover his own shame.</hi> And upon this account they give leave to
men to hide their sin, to leave their repentance imperfect, to tell a lie, to
hazard the not doing of a known duty, to injure innocent persons. Thus
when a man hath stolen goods, he is bound to restore, but not if it cannot
be done without discovering his person, because no man is bound to dis<g ref="char:EOLhyphen"/>grace
himself. If an adulteress hath some children by her husband, others
secretly by a stranger, she is bound not to suffer the legitimate to be injur'd
by provisions for the other: this is true: but if she cannot prevent the in<g ref="char:EOLhyphen"/>jury
to the legitimate without discovering her self to her husband, <hi>Non
tenetur, She is not bound</hi> to defame self. If her husband examine her con<g ref="char:EOLhyphen"/>cerning
it, she may hold her peace: but if that increases the suspicion, she
<pb n="92" facs="tcp:58903:357"/>
hath no way to escape but by denying it; for she is not oblig'd to betray
or accuse her self. This is the doctrine of the Canonists and Masters of
Conscience in the Church of Rome, which (as yet) are almost all that have
written upon Cases.<note place="margin">Habetur in compendio Navarri per Petr. Guivar. edit. Antverp. 1595. pag. 93.</note> 
                           <hi>Navarre</hi> is the man whom I chuse for all the rest.
<hi>Nemo tenetur restituere cum periculo famae consequentis virtutem moralem
vel theologicam; non famae partae in aliis rebus praeclaris, ut ingenio, divitiis,
No man is bound to make restitution with the hazard of his fame consequent
to a moral or theological vertue;</hi> that is, if it will make him suspected not
to be a good man: but if it will only hinder or hazard his reputation of
wisdome or wealth or any thing of these natures, it hinders not. And
again in the case of an adulteress,<note place="margin">Pagina 82.</note> 
                           <hi>Peccavit, sed potest absolvi, licet taceat,
&amp; noceat patri putativo &amp; haeredibus, quando timetur mors, vel amissio fa<g ref="char:EOLhyphen"/>mae,</hi>
&amp;c. <hi>She hath sinn'd, but she may be absolved, though she hold her peace,
and be injurious to the supposed Father, and wrong the heires; that is, if she
be in peril of her life, or fears the loss of her fame. To save a mans credit,
an honest man, to whom it would be a great shame to begg, videtur posse clancu<g ref="char:EOLhyphen"/>lum
necessaria surripere,</hi>
                           <note place="margin">Vide Compen. impress. Lugd. 1641. pag. 335.</note> 
                           <hi>may privately steale necessaries.</hi> So <hi>Diana.</hi> And
if so, I do not doubt but he may also lie, and deny it to save his credit, if
he be asked uncivilly concerning it. But this also the Doctors expresly af<g ref="char:EOLhyphen"/>firm,
that if <hi>Titius</hi> have disgrac'd <hi>Caius</hi> by punishing his secret shame to
defame him, he is bound to make restitution of his good name, by deny<g ref="char:EOLhyphen"/>ing
what he said, that is, by telling of a lie, or by mental reservation; and
that's all one, as I shall prove in the sequel. So <hi>Emonerius.</hi> Against
these prodigies of doctrine I intend this paragraph. We must not commit
a sin to save our life, much lesse to save our fame; and indeed nothing
does more deserve infamy then to tell a lie, nothing disgraces a man more:
and if a lie be an injustice, then no end can save it harmeless.</p>
                        <p>But then concerning our fame,<note place="margin">17.</note> we must rather let it goe, then let our
duty goe.<note place="margin">S. Aug. lib. de bono viduit. cap. 22.</note> For though our fame is a tender part, and very valuable, yet
our duty is more: although our fame is necessary for others, yet a good
conscience is necessary to our selves: and he is cruel that neglects his own
fame; but he is more cruel that neglects his own soul: and therefore we
may expose our good name to goe as God shall please, 1. When we ask
counsel and remedy for our soul. 2. To avoid the sin of pride, and punish
the vanities of our spirit. 3. To exercise and increase the grace of humi<g ref="char:EOLhyphen"/>lity.
4. In humiliation and penance for our sins, when our fame is not
necessary to others, that is, when we are not eminent and publick persons.
5. When we are tied to any express duty which is indispensably necessary,
as restitution of fame or goods, and yet cannot be done without the publi<g ref="char:EOLhyphen"/>cation
of our person and our shame. 6. When for our own greater good
or for the publick interest we are commanded by a just and competent au<g ref="char:EOLhyphen"/>thority.
7. And lastly, When we must either confess our sin or tell a lie,
which is the thing now in question; for we must rather suffer shame then
doe things worthy of shame, rather be ashamed before men then be a<g ref="char:EOLhyphen"/>shamed
before God, that is, rather be disgrac'd then damn'd: for nothing
needs a lie but a sin to hide it, and by a lie a sin is made two.</p>
                        <p>9. It is not lawfull to tell a lie in humility,<note place="margin">18.</note> or the confession of sins
and accusation of our selves.<note place="margin">De verbi Apost.</note> 
                           <hi>Cum humilitatis causâ mentiris, si non eras
peccator antequam mentireris, mentiendo efficer is quod evitâras,</hi> said S. <hi>Austin.</hi>
He that lies in humility, and calls himself a sinner in that wherein he was
<pb n="93" facs="tcp:58903:357"/>
innocent, hath made himself a sinner by his lying. And this was it which
Abbat <hi>Zozimus</hi> wittily and piously replied; For when he said he was the
greatest sinner,<note place="margin">Dorotheus doctr. 2. n. 11.</note> and the vilest of men, to him that reprov'd him for say<g ref="char:EOLhyphen"/>ing
so, and telling him that it was not truly said of him, because every one
knew he serv'd God with great diligence and great sincerity, and therefore
he ought to speak more truly of himself and more thankfully of God;
<hi>Zozimus</hi> replied, You say very well, I ought to speak truth of my self
&amp; thankfully of God; but I am false and unthankful, but therefore I did say
true, and not unthankfully. But we have truth enough to say of our selves
to make us humble without saying what is false.<note place="margin">Eth. lib. 4. c. 7.</note> 
                           <gap reason="foreign">
                              <desc>〈 in non-Latin alphabet 〉</desc>
                           </gap>,
saies <hi>Aristotle; to deny the good things that
are in us, or to make them less, is dissembling.</hi> All pride is a lie; but humi<g ref="char:EOLhyphen"/>lity
is truth: and therefore it is but a dissembling humility that lives upon
the bread of deceit. <hi>Synesius</hi> Bp. of <hi>Ptolemais</hi> was a wise man and a great
Philosopher. But when he was chosen Bshop he refus'd it passionately,
&amp; that his refusal might be accepted, declaim'd most bitterly against him<g ref="char:EOLhyphen"/>self;
that he was a man given to gaming, from which a Bishop should be free
as God himself; that he did not believe that the world would ever perish;
that he did not assent to the article of the resurrection of the dead; that
being a Philosopher of the Stoical Sect, he was something given to lying;
that he was not popular in his opinions, but humorous and morose, secret
and resolute; that if he was forc'd to be a Bishop, he would then preach all
his opinions. For all this <hi>Theophilus</hi> Bishop of <hi>Alexandria</hi> consecrated him
Bishop, as knowing all this to be but stratagem and the arts of an odde
phantastick humility.<note place="margin">Evagr. lib. 1. c. 15. hist. Niceph. lib. 14 c. 55.</note> But it was ill done; and <hi>Synesius</hi> had this punish<g ref="char:EOLhyphen"/>ment
for his lying modesty, that he was believ'd by posterity to be so
heathenish and unworthy, that that Church chose him Bishop onely upon
hopes he would mend. So <hi>Evagrius</hi> and <hi>Nicephorus</hi> report.</p>
                        <p>10.<note place="margin">19.</note> In a just warre it is lawful to deceive the unjust enemy, but not
to lie; that is, by stratagems and semblances of motions, by amuse<g ref="char:EOLhyphen"/>ments
and intrigues of action, by ambushes and wit, by simulation or
dissimulation,
<q>
                              <gap reason="foreign">
                                 <desc>〈 in non-Latin alphabet 〉</desc>
                              </gap>,</q>
                           <hi>by force or craft, openly or secretly,</hi> any way that you can, unless you
promise the contrary: for it is in open warre, if the warre be just, lawful to
doe justice upon the enemy all the waies we can; <hi>craft is but the facilitation
of the force;</hi> and when it is a state of warre, there is nothing else to be
look'd for. But if there be a treaty, or a contract, a promise or an agree<g ref="char:EOLhyphen"/>ment
in any thing, that is a state of peace so farre, and introduces a law;
and then to tell a lie or to falsify does destroy peace and justice, and by
breaking the law reduces things to the state of warre again.
<q>
                              <gap reason="foreign">
                                 <desc>〈 in non-Latin alphabet 〉</desc>
                              </gap>,<note place="margin">Pindar.</note>
                           </q>
                           <hi>It is lawful to doe any thing to destroy your enemy;</hi> that is, so long as you
profess hostility: and therefore if you tell a false tale to him to deceive him,
when you are fighting against him, he is a fool if he believes you, for then
you intend to destroy him; but you are not unjust, you are in a state of warre
with him, and have no obligation upon you towards him. Thus <hi>Elisha</hi> told a
lie to the <hi>Syrian</hi> army which came to apprehend him,<note place="margin">2 Kings 6. 19.</note> 
                           <hi>This is not the City,
and this is not the way:</hi> &amp; this is approv'd and allowed by <hi>Plato</hi> and <hi>Xenophon,
Homer</hi> and <hi>Pindar, Polybius</hi> and <hi>Thacydides, Plutarch</hi> and <hi>Lucian</hi> amongst the
Greeks, <hi>Philo</hi> amongst the Jews; and S. <hi>Chrysostom</hi> amongst the Christi<g ref="char:EOLhyphen"/>ans
<pb n="94" facs="tcp:58903:358"/>
saies,<note place="margin">Lib. 1. de Sa<g ref="char:EOLhyphen"/>cerdotio.</note> 
                           <hi>If you examine all the bravest Generals, you shall find their bravest
trophies to be the production of fraud and craft.</hi> 
                           <gap reason="foreign">
                              <desc>〈 in non-Latin alphabet 〉</desc>
                           </gap>,
<hi>and that they were more commended then such who
did their work by fine force.</hi> Thus the causing false rumors to be spread
amongst the enemies is an allowed stratagem in warre, neither ignoble nor
unjust.<note place="margin">Livius l. 3. 29.</note> 
                           <hi>Flaccus</hi> told that <hi>Aemilius</hi> had taken the enemies town, to dis<g ref="char:EOLhyphen"/>hearten
the party he fought against: and <hi>Quinctius</hi> the Consul caus'd it to
be spread abroad that the enemies on the right wing were fled. By such
arts it is very usual to bring consternation to the hostile party: and he
whom you may lawfully kill, you may as well deceive him into it, as force
him into it; you being no more oblig'd to tell him truth then to spare his
life: for certainly of it self killing is as bad as lying; but when you have no
obligation or law to the contrary, and have not bound your self to the con<g ref="char:EOLhyphen"/>trary,
you may doe either. But this is at no hand to be done in matters of
treaty or promise, either explicite or implicite, as in parties, and truces;
and therefore it was a foul stain upon <hi>Hannibal,</hi>
                           <note place="margin">Val<gap reason="illegible" resp="#TECH" extent="2 letters">
                                 <desc>••</desc>
                              </gap>. Max.</note> that he professing open
warre against the <hi>Romans</hi> did also profess it against faith and justice, keeping
no word or promise if it was for his advantage to break it; and the <hi>Trojans</hi>
were troubled in conscience at their fallacious conducting of their warrs,
not by stratagem, but by breaking their oaths and Covenants,
<q>
                              <l>—<gap reason="foreign">
                                    <desc>〈 in non-Latin alphabet 〉</desc>
                                 </gap>
                              </l>
                              <l>
                                 <gap reason="foreign">
                                    <desc>〈 in non-Latin alphabet 〉</desc>
                                 </gap>,<note place="margin">Iliad. 8.</note> &amp;c</l>
                           </q>
                           <hi>We fight with lying and breaking promises,</hi> which is unlawful to doe. For
concerning this thing, that even in warre we are bound to keep faith &amp; pro<g ref="char:EOLhyphen"/>mise
made to our enemies, it is certain &amp; affirmed by almost all wise &amp; good
men of the world:<note place="margin">De offic. l. 1. c. 29.</note> 
                           <hi>Liquet etiam in bello fidem &amp; justitiam servari oportere,
nec ullum decorum oportere servari, si violetur fides,</hi> said S. <hi>Ambrose;</hi> and he
proves it by the example of <hi>Joshuah,</hi> who kept his promise which the <hi>Gi<g ref="char:EOLhyphen"/>beonites</hi>
got fraudulently from him. And the same is the sentence of S. <hi>Au<g ref="char:EOLhyphen"/>stin;
fides quando promittitur, etiam hosti servanda est,</hi>
                           <note place="margin">Epist. 1. ad Bonifac.</note> 
                           <hi>contra quem bellum
geritur:</hi> and therefore when <hi>Nebuchadnezzar</hi> had conquered <hi>Zedechiah,</hi>
and taken him into protection and peace upon his word and promise of fide<g ref="char:EOLhyphen"/>lity,
because he afterwards did privately sollicite the King of <hi>Egypt</hi> to fight
against the King, he was put to death with greatest cruelty. And this is
not onely true between those who are publick enemies, forreiners and stran<g ref="char:EOLhyphen"/>gers,
and supreme in their respective dominions, which the law properly sig<g ref="char:EOLhyphen"/>nifies
under the word <hi>Hostes, l. quos nos, ff. de verborum signif.</hi> for this is
without question; and therefore all men condemn those that violate Em<g ref="char:EOLhyphen"/>bassadors,
or that break the laws of truce; and every one blames <hi>Titus
Labienus</hi> for wounding <hi>Commius</hi> of <hi>Arras</hi> under the colour of parlee:<note place="margin">Hi<gap reason="illegible" resp="#TECH" extent="1 letter">
                                 <desc>•</desc>
                              </gap>ius, Bell. Gallic. 8. c. 3. Cicero, lib. 3. Offic.</note> but
<hi>Attilius Regulus</hi> is commended for refusing to give his voice in the Senate
so long as he was not discharged of his oath made to the <hi>Carthaginians.</hi> But
this is also true, and our word and faith is sacred, when it is pass'd to all
sorts of enemies, to Rebels, to Thieves, to civil Adversaries, to con<g ref="char:EOLhyphen"/>demned
persons, to Fugitive servants, such as <hi>Spartacus, Eunus</hi> and <hi>Athe<g ref="char:EOLhyphen"/>nio;</hi>
and the reason of all is the same. <hi>Inter quos juris alicujus communio est,
inter eos obligationem contrahi, They that are under the same law are equally
bound;</hi> and whoever promise or treat, doe it at least by the law of Nature
or Nations, which alike bind them who are free from any civil obligation.
This is that which <hi>Triphoninus</hi> said, That if a thief intrusts any goods to
the right owner, not knowing that they are his own, he is not oblig'd to
restitution; but every man else is, if he have promis'd, because they are
<pb n="95" facs="tcp:58903:358"/>
none of his, and therefore he can be oblig'd to repay them: and for thieves
and fugitives the people of <hi>Rome</hi> did treat with them, and send Embassa<g ref="char:EOLhyphen"/>dors;
and all that was bound upon them by that entercourse they kept
religiously. And the same they did to condemned persons; as appears in
that famous case of <hi>Caius Rabirius,</hi>
                           <note place="margin">Vide Orat. Cicer pro C<gap reason="illegible" resp="#TECH" extent="1 letter">
                                 <desc>•</desc>
                              </gap> Rabirio. Appian. bel Civil. 1.</note> who was question'd for killing <hi>L. Apu<g ref="char:EOLhyphen"/>leius
Saturninus</hi> against the publick faith given him by the people, when he
and his companions fled to the Capitol for immunity and a guard against the
sentence of death which he had deserv'd.</p>
                        <p>But all this is to be understood so, that the faith and word be given
by him who hath power to verify it: but when <hi>A. Albinus</hi> made a peace
with King <hi>Jugurtha,</hi> for which he had no commission, the Senate was not
oblig'd to verify it; and <hi>Camillus</hi> the Dictator broke the peace which the
<hi>Romans</hi> had foolishly made with the <hi>Gaules;</hi> and <hi>Scipio</hi> dissolv'd the con<g ref="char:EOLhyphen"/>tract
which <hi>Masinissa</hi> and <hi>Sophonisba</hi> made without his leave, who had the
power. In this there is onely caution to be had that there be no combi<g ref="char:EOLhyphen"/>nation
to deceive or rescind what is found to be disadvantageous, nor ad<g ref="char:EOLhyphen"/>vantages
taken by the change of hands. For if the <hi>Romans</hi> finding relief
come, made <hi>Camillus Dictator</hi> that they might by pretence of his com<g ref="char:EOLhyphen"/>mand
break the peace, they did dishonourably and false; but if he was
<hi>Dictator</hi> before the peace, he had power, and he had reason. To this can
be referr'd the case of two Italian Gentlemen. <hi>Guarino</hi> had injur'd <hi>Antonio
de Imola;</hi> but confess'd his fault, ask'd pardon, made amends: and then
<hi>Antonio</hi> swore his peace and his forgiveness, and that his hand should never
be upon him; but in his heart bore him a secret grudge, and therefore
smote him secretly, saying that <hi>Guarino</hi> was a <hi>Bandito,</hi> and therefore con<g ref="char:EOLhyphen"/>demn'd
by the laws. This is to make our promise the cover of a lie, and
the laws to minister to crafty mischiefs. After a promise a man must not
change his mind, and then make excuses. <hi>Renunciatio sui juris per poeni<g ref="char:EOLhyphen"/>tentiam
revocari non potest,</hi> saith the law, <hi>l. pactum, ff. de pact.</hi>
                        </p>
                        <p>
                           <hi>But deceiving the enemy by the stratagem of actions or words is not
properly lying; for this suppose a conversation of law or peace, trust or
promise explicite or implicite. A lie is the deceiving of a trust or confi<g ref="char:EOLhyphen"/>dence,
but in fighting there is none of that; it is like wrastling and fen<g ref="char:EOLhyphen"/>cing,
a design to make that part unarm'd where he may strike the surer:
and of this S.</hi> Clemens of Alexandria <hi>affirms expressly concerning strata<g ref="char:EOLhyphen"/>gems
in warre,</hi>
                           <note place="margin">Stromat. l. 1. c. 13.</note> Haec omnia licebit efficere, vel persuadendo, vel cogendo, vel
injuriam faciendo in iis ulciscendis quibus expedit, vel faciendo id quod
justum est, vel mentiendo, vel vera dicendo, vel etiam simul utendo aliquibus
eorum in eodem tempore. All these things it is lawful to bring to pass by per<g ref="char:EOLhyphen"/>swasion,
or by force, by doing injury or harm there where we are to doe revenge,
by doing that which is just, or by telling that which is true, or by lying, or by
doing any one or more of these together. Haec autem omnia, &amp; quomodo opor<g ref="char:EOLhyphen"/>teat
uti unoquoque eorum, cum Graeci accepissent à Moyse, non parvam acce<g ref="char:EOLhyphen"/>pere
utilitatem, When the Greeks receiv'd all these things from Moyses, and
how they were to use any one and every one of these, they received no small
advantage.</p>
                        <p>In this case,<note place="margin">20.</note> all the prejudice which the Question is like to have, is in
the meaning and evill sound of the word <hi>lying;</hi> which because it is so hate<g ref="char:EOLhyphen"/>ful
to God and man, casts a cloud upon any thing that it comes near: but
lying (which S. <hi>Basil</hi> calls <hi>extremam malitiae lineam, the extremity of malice,</hi>
which S. <hi>Ephrem</hi> calls <hi>the Rust of conversation</hi>) is indeed an enemy; but
<pb n="96" facs="tcp:58903:359"/>
in warre so it should be; onely in peace and contracts, and civil conversa<g ref="char:EOLhyphen"/>tion,
it is intolerable. In warre it is no lie, but an engine of warre, against
which the enemy is to stand upon his guard: and if a man may falsify a blow,
much more may he falsify a word; and no justice, no promise, no charity, no
law restrains the stratagems in a just warre; they which may be destroy'd,
may be deceiv'd, and they may be deceiv'd by false actions, may by false
words, if there be no collateral obligation or law to the contrary. <hi>A just
man,</hi>
                           <note place="margin">Qu. 10, &amp; 11. in Josu<gap reason="illegible" resp="#TECH" extent="1 letter">
                                 <desc>•</desc>
                              </gap>.</note> saith S. <hi>Austin,</hi> is <hi>to take care of nothing but that his warre be just;</hi> that
is, by a just authority, and for a just reason. <hi>Cum autem justum bellum susce<g ref="char:EOLhyphen"/>perit,
utrùm apertâ, pugnâ, utrùm insidiis vincat, nihil ad justitiam interest,
But if it be a just warre, it matters not as to the question of justice, whether he
overcome by force or by deceit. Dolus &amp; perfidia</hi> are extremely different
<hi>—dolus an virtus quis in hoste requirat?</hi> and,<note place="margin">Virg. L. 1. ff. de dolo male.</note> 
                           <hi>bonum esse dolum si quis ad<g ref="char:EOLhyphen"/>versus
hostem latronemve machinetur,</hi> said <hi>Ulpian,</hi> Craft against a thief or
enemy is good; but not perfidiousness. <hi>Nullo discrimine virtutis ac doli
prosperos omnes laudari debere bellorum eventus,</hi>
                           <note place="margin">Lib. 17.</note> said <hi>Ammianus Marcellinus.</hi>
To bring warre to a happy end, you may use force or wit; but at no hand
break a promise, or be treacherous.</p>
                        <p>He that desires to see more particulars to the same purpose,<note place="margin">21.</note> may, if he
please, see<note n="a" place="margin">5 Politic. c. 17.</note> 
                           <hi>Lipsius</hi> his politicks, and<note n="b" place="margin">Lib. 10. Pol. c. 38, &amp; 46, 47.</note> 
                           <hi>Adam Contzen,</hi> together with
the excellent examples of great and wise personages in <hi>Polyaenus</hi> and <hi>Fron<g ref="char:EOLhyphen"/>tinus.</hi>
                        </p>
                        <p>11. But this is not to be extended to a licence of telling a lie of the
enemy in behalf of our own country, for fame and reputation, for noises
and triumph; and I remember that <hi>Poggius</hi> upon this account lost the repu<g ref="char:EOLhyphen"/>tation
of a good historian.
<q>
                              <l>Dum patriam laudat, damnat dum Poggius hostem,</l>
                              <l>Nec malus est civis,<note place="margin">Sanazar. 1. Epig.</note> nece bonus historicus.</l>
                           </q>
He was a good Citizen, but an ill historiographer, that commended all the
actions of the <hi>Florentines,</hi> and undervalued their enemies.</p>
                        <p>12.<note place="margin">22.</note> Princes may not lie for the interests and advantages of Govern<g ref="char:EOLhyphen"/>ment.
Not in contracts, treaties, bargains, embassies and all the enter<g ref="char:EOLhyphen"/>courses
of peace and civil negotiation. For besides it is an argument of fear
and infirmity to take sanctuary in the little subterfuges of craft when they
are beaten from their own proper strengths, it is also a perfect destruction
of government and the great bands of society and civil entercourse; and if
they be us'd to fail, no man can be confident of that affirmative which
ought to be venerable and sacred up to the height of religion; and therefore
the <hi>Egyptian</hi> law press'd this affair well, Let all that break their word
and oaths die for it; because they are loaden with a double iniquity, <hi>&amp;


pietatem in Deos violant, &amp; fidem inter homines tollunt, maximum vinculum
societatis, They destroy piety and reverence towards God, and faith amongst
men, which is the great ligature of society.</hi> And if Princes doe falsify their
word and lie, their neighbours can have no entercourse with them but by
violence and warre, and their subjects none but fear and chance. For Prin<g ref="char:EOLhyphen"/>ces
to lie is the greatest undecency in the world: and therefore <hi>Diodorus
Siculus</hi> tells that the <hi>Egyptian</hi> Princes us'd to wear a golden chain mix'd and
distinguish'd with curious stones,<note place="margin">Lib. 2. Anti<g ref="char:EOLhyphen"/>quit.</note> and they call'd it <hi>Truth;</hi> meaning that
nothing was a greater ornament to a Prince, nothing ought to be more
sacred, or more remembred.</p>
                        <p>
                           <pb n="97" facs="tcp:58903:359"/>
                           <hi>Bodinus</hi> saies otherwise,<note place="margin">23.</note> and that Princes and Judges have leave,<note place="margin">Lib. 3. de rep.</note> be<g ref="char:EOLhyphen"/>cause
sometimes they have necessity to lie; and of the same opinion was
<hi>Plato,</hi> provided it was done for the good of the people. But that which
they mean is onely in affirmations and narratives, in adding confidences
or producing fears, in making laws and establishing religions; such as was
that of <hi>Numa;</hi> who when he had a mind to endear to the people those good
laws which he had made, said that he receiv'd them from the Goddess
<hi>Aegeria.</hi> This may be done against an enemy; and if it be for the good
of the people, it hath in it charity and some shew of prudence, but not to
the bravery and magnanimity of a Prince: but however it be in this, it
can never be permitted to violate a promise or a treaty, nor yet to tell
false in a treaty, for that is against peace and against justice. When there is
in it no harm, but all good, as in order to perswade the people to a duty,
or to their benefit, they in a matters of publick life being like children in the
affairs of their private, that is, when their need and incapacity of being
otherwise governed requires it, they may be us'd as they can, according to
that of the <hi>Persians, Sapientes dicunt quod mendacium beneficium faciens
melius est vero exitium parturiente, When a lie does charity, it is better then
an uncharitable and pernicious truth:</hi> alwaies supposing, that the lie which
serves charity be not against justice; but when it is in treaties, there a lie
does not onely disgrace the sincerity of the prince that treates, but is of it
self apt to hurt the other; and therefore at no hand to be admitted.</p>
                        <p>The next inquiry is concerning person Criminal,<note place="margin">24.</note> and so for others
in proportion.</p>
                     </div>
                     <div n="2" type="question">
                        <head>Question II. Whether it be lawful to use restrictions and mental reservations, so that what
we utter is false, but joyned to something within does integrate a truth,
and make up a true answer.</head>
                        <p>To this I answer,<note place="margin">25.</note> That this hath no distinct consideration of it's own;
but whether a mental reservation makes that to be true which would
otherwise be a lie. For if it be still a lie, a criminal person may no more speak
half truths then whole lies; for that which is but the half of a true propo<g ref="char:EOLhyphen"/>sition,
either signifies nothing, or is directly a lie. And upon this suppo<g ref="char:EOLhyphen"/>sition,
this question is just to be governed by the measures of the first; and
in the same cases in which it is lawful to tell a lie, in the same cases it is law<g ref="char:EOLhyphen"/>full
to use a mental reservation: for that which is lawful without it, is
also lawful with it; and the mental reservation does not save it harm<g ref="char:EOLhyphen"/>less,
if it be still a lie. That therefore is the question, Whether he that
speaks a lie, and thinks the other part which makes it a true proposition,
speaks truth yea or no.</p>
                        <p>The case is this.<note place="margin">26.</note> When <hi>Campian</hi> was taken in <hi>England,</hi> he gave out
that his name was <hi>Butler:</hi> the Magistrate inquires, and is so answered:
he gives him his oath, and he swears that his name is so; so much he said:
but he added withall to himself, secretly, [It is my name that I have bor<g ref="char:EOLhyphen"/>rowed,
or my name for this time] But that was not the question; for he
was ask'd that he might be known, and he answer'd that he might not be
known. And he might as well have said, that is my name, and have added
<pb n="98" facs="tcp:58903:360"/>
in his thought, <hi>not at all,</hi> or, <hi>Hoc est nomen meum,</hi> and in mind have
added, <hi>falsum;</hi> and then the case would have been too plain, and too con<g ref="char:EOLhyphen"/>temptibly
ridiculous: like the <hi>Sycophant</hi> in <hi>Plautus, Advenio ex Selencia,
Macedonia, Asia atque Arabia:</hi> this was a lye; but he turn'd aside and
spake softly, <hi>quas ego neque oculis neque pedibus unquam usurpavi meis,</hi> and
so he made up the matter; but he was a lyar still: for let the whole be
true, yet he speaks but half, and by that half deceives. All that he sayes
is a lye, for the contradictory of it is true; and it is concerning his <hi>answer,</hi>
and the <hi>saying,</hi> that the question is. It is not inquired whether the man
think a lye, but whether he speaks one; and not what it is to himself, for
no man can lye to himself, but what this is to him that asks, for to him he
lyes. And suppose a man should write a proposition, and think the rest, to
make it true, would not all the world say he wrote a lye? What it is in
writing, it is in speaking; that which he speaks in the present case is a
lye, and for that he is condemn'd. For if the words are a lye with<g ref="char:EOLhyphen"/>out
a mental reservation, then they are so with it; for this does not
alter the words, nor the meaning of the words, nor the purpose of him
that speaks them.</p>
                        <p>And indeed this whole affair is infinitely unreasonable;<note place="margin">27.</note> and the think<g ref="char:EOLhyphen"/>ing
one thing, and speaking it otherwise, is so far from making it to be
true, that therefore it is a lye, because the words are not according to what
is in our mind; and it is a perverting the very end and institution of words,
and evacuates the purpose of laws, and the end of oaths, making them not
to be the end of questions, and the benefit of society, and all humane in<g ref="char:EOLhyphen"/>tercourse,
and makes that none but fools can lye, none can lye but they
which cannot dissemble, that is, they which cannot think one thing and
speak another, they which cannot so much as think what is true, or what
words would make it true. Certain it is, the Devil need not ever tell a
lye, and yet serve all his ends. And besides all this, such a person gives
the scandal of a lye, and produces the effect of a lye, and does intend the
end of a lye, and it is the material part of a lye; onely what the man
ows to justice, he payes with thinking.</p>
                        <p>But then I consider further,<note place="margin">28.</note> If the words spoken be of themselves a
lye, and therefore he thinks it necessary by a secret supply of thought to
new-mould it into truth; to what purpose is that done? that it may be no
lye to himself? or that it may be no lye before him to whom he speaks it?
As for himself, he is not concerned in it, but onely that he speak truth;
but the other is: and if it be a lye without that supplement, (for therefore
he supplyes it secretly) then till it be supplyed and made up to him before
whom he speaks it, it is a lye to him, to whom it ought to be a truth. If
the man be bound to speak truth to the Magistrate, let him doe it; but if
he be not obliged, let him tell a direct lye, for this supplement is but a
confessing in conscience that it is a lye; and therefore there is no need of
such a dissembling artifice; there is more ingenuity in saying that they are
not tied to tell truth: but he that tels a lye, and by his mental reservation
sayes he tels a truth, tels two lyes, one practical, and the other in theory;
one to the Magistrate, and the other to himself.</p>
                        <p>I doe not say that in all cases it is unlawfull to use mentall reservati<g ref="char:EOLhyphen"/>ons,<note place="margin">29.</note>
even in craftiness and escape. 1. S. <hi>Gregory</hi> hath a case in which he
<pb n="99" facs="tcp:58903:360"/>
affirms it lawfull,<note place="margin">Lib. 6. in 1 Reg. c. 3.</note> 
                           <hi>Tyrannorum versutiam atque saevitiam quandoque esse piâ
fraude deludendam, &amp; objicienda eis quae credant, ut nocendi aditum non in<g ref="char:EOLhyphen"/>veniant,
To prevent and elude the craft and cruelty of Tyrants, they must
sometimes be deluded by a pious cosenage; and something must be impos'd upon
their credulity, that their wayes of mischief may be obstructed.</hi> And then he
addes, this is to be done so, <hi>ut caveatur culpa mendacii; quod tunc bene per<g ref="char:EOLhyphen"/>ficitur,
cum illud fit quod asseritur, sed quod sit sic dicitur, ut celetur; quia ex
parte dicitur, &amp; ex parte reticetur:</hi> when there is nothing told that is false,
but yet the matter is hid, because it is not all spoken. Indeed this is one
kind of innocent doing it; but this is lawfull to be done without great
necessity, even for a probable reason: it is nothing but a concealing of
some part of the truth, and a discovery of another part, even of so much
as will serve our turn. But.</p>
                        <p>2. Restrictions conditional are lawfull to be us'd in our entercourses:<note place="margin">30.</note>
that is, the affirmation or negation, the threatning or promising of a thing
may be <hi>cum tacita conditione,</hi> with a condition concealed; when that con<g ref="char:EOLhyphen"/>cealment
is not intended for a snare, but is <gap reason="foreign">
                              <desc>〈 in non-Latin alphabet 〉</desc>
                           </gap>, unusual dispensa<g ref="char:EOLhyphen"/>tion,
and is competently presumed, supposed or understood. Thus God
commanded <hi>Jonah</hi> to preach against <hi>Nineveh, Yet fourty dayes and</hi> Nine<g ref="char:EOLhyphen"/>veh
<hi>shall be destroyed;</hi> meaning, unless they did repent. Thus we may
say, I will to morrow distribute my alms, and will give you a part, mean<g ref="char:EOLhyphen"/>ing,
if you will come for it. So for affirmations: The Physician sayes to
his Patient, [you are but a dead man;] that is, unless some extraordi<g ref="char:EOLhyphen"/>nary
blessing happen: [you are in no danger;] meaning, if you will use
the remedies prescribed. But in all these cases the condition must not be
insolent, undiscerned, contrary to reasonable expectations, impossible<g ref="char:punc">▪</g> or
next to impossible: for if it be such which cannot be understood, the reser<g ref="char:EOLhyphen"/>vation
is a snare, and the whole entercourse is a deception and a lye.</p>
                        <p>3. If the reservation be not purely mental,<note place="margin">31.</note> but is understood by ac<g ref="char:EOLhyphen"/>cidents
and circumstances, it is lawfull. The Shepherd of <hi>Cremona</hi> that
was ask'd concerning the Flock he kept, whether those were his Sheep or
no, answered confidently, that they were; meaning secretly, not his own
possession, but his own charge, and not his Neighbour <hi>Morone</hi>'s Flock.
He said true, though his thought made up the integrity of his true propo<g ref="char:EOLhyphen"/>sition,
because it was not doubted, and he was not ask'd concerning the
possession, as not being a likely man to be so wealthy. So the guide
whom you ask upon the road, tels, you cannot goe out of your way,
meaning, if you follow your plain directions, and be not wilfull, or care<g ref="char:EOLhyphen"/>less,
or asleep; and yet he sayes truth, though he speaks but half, be<g ref="char:EOLhyphen"/>cause
he deceives none, and is understood by all. Thus the Prophet <hi>Isaiah</hi>
said to <hi>Hezekiah</hi> when he was sick,<note place="margin">Isa. 38.</note> 
                           <hi>Thou shalt dye and not live;</hi> meaning,
that the force of the disease is such as to be mortal, and so it stands in the
order of Nature: and when afterwards he brought a more comfortable
message, he was not thought a lyar in the first, because they understood
his meaning, and the case came to be alter'd upon a higher account.</p>
                        <p>4. When things are true in several sense,<note place="margin">32.</note> the not explicating in
what sense I mean the words is not a criminal reservation. Thus ou<gap reason="illegible" resp="#TECH" extent="1 letter">
                              <desc>•</desc>
                           </gap>
Blessed Saviour affirmed, that himself did not know the precise day
when himself should come to judge the World; that is, as S. <hi>Austin,</hi> and
<pb n="100" facs="tcp:58903:361"/>
generally the Christian Doctors say,<note place="margin">Theophylact. in 24. Matth.</note> as Man he did not know it, though be<g ref="char:EOLhyphen"/>ing
God he did know all things. But 1. this liberty is not to be us'd by in<g ref="char:EOLhyphen"/>feriours,
but by superiours onely; 2. not by those that are interrogated,
but by them which speak voluntarily; 3. not by those which speak of
duty, but which speak of grace and kindness: Because <hi>superiours,</hi> and the
<hi>voluntary speakers,</hi> and they which <hi>out of kindness</hi> speak, are tied to no
laws in this particular, but the measures of their own good will; and the
degrees of their kindness, of their instruction, of their communication,
are wholly arbitrary: but the inferiours, the examined, the speakers out
of duty and obligation, are tied to answer by other mens measures, by
their exigencies, demands, understandings, and purposes; and therefore
must not doe any thing whereby that truth which they have right and inte<g ref="char:EOLhyphen"/>rest
to enquire after, may be hindred. The conclusion is this, in the words
of S. <hi>Gregory,</hi>
                           <note place="margin">Moral. lib. 10. c. 27.</note> 
                           <hi>Sapientia justorum est, nil per ostensionem fingere, sensum ver<g ref="char:EOLhyphen"/>bis
aperire, The wisedome of just men is to make no pretences for deception, but
by words to open the secret of their heart.</hi>
                        </p>
                     </div>
                     <div n="3" type="question">
                        <head>Question III. Whether it be lawfull to equivocate,<note place="margin">33.</note> or use words of doubtfull signification
with a purpose to deceive, or knowing that they will deceive; and in
what cases it is so.</head>
                        <p>To this I answer as to the former,<note place="margin">34.</note> Where it is lawfull to lye, it is law<g ref="char:EOLhyphen"/>full
to equivocate, which may be something less then a plain lye: but
where it is not permitted to tell a lye, there the equivocation must be in<g ref="char:EOLhyphen"/>nocent,
that is, not deceiving, nor intended that it should. And this is that
which the Hebrews call, <hi>corde &amp; corde loqui,</hi> to speak dissemblingly, <hi>la<g ref="char:EOLhyphen"/>biis
dolosis, with lips of deceit.</hi> For it is remarkable, that <hi>corde &amp; corde</hi>
signifies diligence and sincerity, when it means work or labour; but it
signifies falshood and craft, when it means speaking: for Nature hath given
us two hands, and but one tongue; and therefore a duplicate in labour is a
double diligence, but in talking it is but a double fraud. <hi>Tacitus</hi> observes
of <hi>Tiberius, Verba ejus obscura, suspensa, perplexa, eluctantia, in speciem com<g ref="char:EOLhyphen"/>posita,
His words were obscure, broken, interrupted, perplex and intricate, stri<g ref="char:EOLhyphen"/>ving
and forc'd, and made for shew and pretences.</hi> Now if by artifices you
deceive him that trusts you, and whom you ought not to deceive, it is but
a lye dress'd in another way,<note place="margin">S. Aug. de conflictu virt. &amp; vitiorum.</note> and it is all one: For <hi>nec artificioso ingenio,
nec simplici verbo oportet decipere quenquam, quia quolibet artis modo men<g ref="char:EOLhyphen"/>tiatur.</hi>
So that in solution of this question we are onely to consider what
equivocal speeches may be us'd, that is, which of them are no lyes: for
the rest, they are lawfull or unlawfull by the measures of the first question;
for sometimes equivocation is a lye, and equally destructive of civil enter<g ref="char:EOLhyphen"/>course.
<hi>Duplex responsio habet effectum simplici<gap reason="illegible" resp="#TECH" extent="1 letter">
                                 <desc>•</desc>
                              </gap> silentii.</hi> You had as good
not speak at all, as speak equivocally; for a double speech is as insignifi<g ref="char:EOLhyphen"/>cant
as a single silence.</p>
                        <p>1. It is lawfull upon a just cause of great charity or necessity to use
in our answers and entercourses words of divers signification,<note place="margin">35.</note> 
                           <hi>though it
does</hi> deceive him that asks. Thus <hi>Titius</hi> the Father of <hi>Caius</hi> hid his Fa<g ref="char:EOLhyphen"/>ther
in a Tub, and to the Cut-throats that inquired for him to bloody pur<g ref="char:EOLhyphen"/>poses
he answered <hi>Patren in doliolo latere:</hi> now that did not only signifie
<pb n="101" facs="tcp:58903:361"/>
a little Tub, but a Hill near <hi>Rome,</hi> where the villains did suspect him to be,
and were so diverted. Thus we read of a Greek that in the like case hid
his Brother under a wood-pile; and to the inquisitors answered that he did
lie hid <gap reason="foreign">
                              <desc>〈 in non-Latin alphabet 〉</desc>
                           </gap>, somewhere <hi>in the wood.</hi> Now in these cases where there
is no obligation to tell the truth, any man may use the covers of truth;
especially when in this case it is not a lie: for an equivocation is like a
dark-lanthorn; if I have just reason to hold the dark side to you, you are
to look to it, not I. If Christian simplicity be not concerned in it, nor
any other grace indirectly, certain it is that truth is not concerned: For,
<hi>In ambiguo sermone non utrumque dicimus, sed duntaxat quod volumus,</hi> said
<hi>Paulus</hi> the Lawyer, l. 3. ff. <hi>de rebus dubiis.</hi> Now that part of the ambigu<g ref="char:EOLhyphen"/>ity
which I intend it in, is true, I would never else use that way to save my
conscience and to escape a lie; so that if nothing else be concerned, truth
is safe. But then care also must be taken that he who hath right to be an<g ref="char:EOLhyphen"/>swered,
be not defeated without his own fault. For,</p>
                        <p>2. If I intend to deceive him,<note place="margin">36.</note> it must be such a person whom I have
power to deceive; some one that is a child, or a mad-man, or an incom<g ref="char:EOLhyphen"/>petent
person to judge for his own good, and one that no other way will be
brought to doe himself good, one that is willing, or justly so presumed.
For unless I have power or right to deceive him, I must not intend to de<g ref="char:EOLhyphen"/>ceive
him by any act of mine directly.</p>
                        <p>3. If it be fit that he be deceived,<note place="margin">37.</note> though I have no right to doe it,
let him deceive himself; it must be by his own act; to which I may in<g ref="char:EOLhyphen"/>deed
minister occasion by any fair and innocent means. It is fit that he
who by violence and injury intends to doe mischief to innocent persons, be
hindred from it; and there is much good done if an innocent be rescued,
and no harm done to the Tyrant if he be diverted, and no wrong or in<g ref="char:EOLhyphen"/>justice
if he doe deceive himself. Thus if he runs into error by a just and
prudent concealment of some truth; if he is apt to mistake my words out
of a known and by me <gap reason="illegible" resp="#TECH" extent="1 letter">
                              <desc>•</desc>
                           </gap>bserved weakness; if his malice is apt to make
him turn all ambiguous words into his own sense that will deceive him;
if I know he will listen to my whispers to another person, and watch my
secret talk to others; I am not bound to say what will inform him, but
what will become my entercourse with the other: In all these and the
like cases, if I use my own liberty, I doe no man injury. I am not bound
to speak words of single signification: if it be sufficient to express my
meaning, if it be in the nature and use of the words apt to signifie my mind,
and to speak that which is true, let him that stands by look to it; I doe all
that I am oblig'd to doe by the interest of justice and truth. For in these
cases, he that speaks does but minister occasion to him that is mistaken;
like him that represents artificial sights before the eye, or as the rain-bow
in the clouds is occasion of a popular error that it is full of colours.</p>
                        <p>4. But then this must be so us'd,<note place="margin">38.</note> that the amphibology or equivoca<g ref="char:EOLhyphen"/>tion
be not insolent and strange, but such as is usual in forms of witty
speech. For then he who uses them does no more deceive his hearer,
then he that speaks obscurely or profoundly is the cause of error in the ig<g ref="char:EOLhyphen"/>norant
people. Thus if <hi>Caius</hi> promise to pay to <hi>Regulus</hi> an hundred At<g ref="char:EOLhyphen"/>tick
drachmes; he is tied to doe it if he does owe it, else not: for if he
owes none, he must pay none, and he did not promise to give him any
<pb n="102" facs="tcp:58903:362"/>
thing. For if a meaning be clearly contained in the word spoken, it may
be made use of to any just and reasonable advantage; especially if that
word ought or was likely to have been understood by the concerned hear<g ref="char:EOLhyphen"/>er.
But this may not be done in fraud and to the diminution of any mans
rights. <hi>Asper</hi> buyes corn and linnen of <hi>Camillus</hi> who is newly come from
Egypt: they agree together that <hi>Camillus</hi> shall receive ten talents; but
that he shall give him as a free gift halfe of it back again; and call the ten
talents the just price, and the telling it a just solution. If <hi>Asper</hi> sells his
linnen by the proportion of the great price told over, he is a Cosener;
and uses the words of <hi>price,</hi> and <hi>payment,</hi> and <hi>gift,</hi> fraudulently: the am<g ref="char:EOLhyphen"/>phibologie
might have been us'd to ends of justice and reason, but not of
knavery and oppression.</p>
                        <p>5. And this must also be upon just cause.<note place="margin">39.</note> For if a Magistrate sends
to inquire for <hi>Titius,</hi> and the officers ask <hi>an Titius sit domi, if he be at
home:</hi> to him we may not answer, <hi>Titius non est domi, he does not eat at
home;</hi> meaning the word <hi>est</hi> in a sense less usual, to deceive him in the
more common, who ought not to be deceived at all: but to save a mans
life from violence and injury it may be done. This way hath been some<g ref="char:EOLhyphen"/>times
used to vile purposes. Thus <hi>Cleomenes</hi> having made truce with his
Enemies for thirty daies, us'd to plunder his Country in the night; and
<hi>Labeo</hi> having agreed to give up half his Navy to <hi>Antiochus,</hi> cut his
ships in pieces and made them good for nothing. The like stories are told
of <hi>Alexander,</hi> of the <hi>Locrians,</hi> of <hi>Otho Moguntinus.</hi> But it was a barbarous
thing of <hi>Pericles,</hi> who promised safety to the Enemy if he would lay aside
his iron, that is, their arms, as all the world understood it, and as the na<g ref="char:EOLhyphen"/>ture
of the thing did signifie: when he had done so he fell upon the whole
body of them and cut them in pieces, shewing for his excuse, the iron but<g ref="char:EOLhyphen"/>tons
that they had upon their Coats. Such frauds as these are intolerable
in their event, and evil in their cause, and detested by all good and just
men. To this purpose I remember a worthy story told by <hi>John Chokier,</hi>
of a Spanish Governour of a Town in Millain who kept a Noble person
prisoner with hard usage, and when his Lady came to petition for his liber<g ref="char:EOLhyphen"/>ty,
promised to deliver her Husband to her if she would let him lie with
her. The poor woman being wearied with his temptation and the evil
usage of her Husband, consents and suffers it. When the Governour had
obtained his lust, he would also satisfie his anger too; and kills her Hus<g ref="char:EOLhyphen"/>band,
and to verifie his promise, gives her Husband to the Lady, but newly
murdered. The Lady complains of this, and tells her sad story to <hi>Gonzaga</hi>
the Spanish General: he finds it to be truth, and made the Lady this amends.
He commands the Governour to marry the Lady, that by his estate she
might be recompenced for the dishonour: and then, the same day causes
the Governour to loose his head to pay for his dishonourable falshood and
bloody lie. It was a justice worthy of a great Prince; and the reward was
justly paied to such a cruel equivocation. This was <hi>subdolus congressus, a
craftie treatie, quo nil turpius,</hi> said <hi>Antoninus</hi> the Emperor, <hi>nothing is ba<g ref="char:EOLhyphen"/>ser
and more dishonourable then it.</hi> Thus did <hi>Darius</hi> to the Noble <hi>Oebasus</hi>
the Father of three brave Sons, and <hi>Xerxes</hi> to <hi>Pythius</hi> the Father of five;
they kill'd what they promised to leave with the Father, adding to their
cruelty the reproach and scorn of cosenage. A man hath right to use
what words he will according to the received use; but he must not use
them to evil purposes: and a man may goe a little from the more common
<pb n="103" facs="tcp:58903:362"/>
use to that which is rare, so it be within the signification of the word, pro<g ref="char:EOLhyphen"/>vided
there be just cause; that which hath good in it to some, and no in<g ref="char:EOLhyphen"/>jury
to any.</p>
                        <p>6. There is between lying and equivocation this only difference,<note place="margin">40.</note> that
this may upon less necessity and upon more causes be permitted then ly<g ref="char:EOLhyphen"/>ing.
For provided that these measures now described, which are the ne<g ref="char:EOLhyphen"/>gative
measures of lying, be observed; if a man speaks doubtfull words
and intends them in a true sense, he may use his liberty; alwayes provided
that he use it with care, and to the reputation of Christian simplicity. In
arts and sciences, in jest and entercourses of wit, in trial of understandings
and mystical teachings, in prudent concealments and arts of secrecy, equi<g ref="char:EOLhyphen"/>vocal
words may be us'd with more freedome. <hi>Solvite Templum hoc,</hi> saies
Christ, <hi>Dissolve this Temple,</hi> viz. of my body, <hi>and I will raise it up in three
daies.</hi> So did that excellent Confessor in <hi>Eusebius,</hi>
                           <note place="margin">8. l. Hist. c. 22.</note> to <hi>Firmilianus</hi> asking
of what Country he was, he answered, that <hi>Jerusalem</hi> was his Country;
<hi>Seorsim apud animum suum ita Divinitus philosophatus, privately in his
mind speaking Divine mysteries,</hi> saies the <hi>Historian.</hi> This was well and
innocent, because an equivocal speech hath a light side as well as a dark:
it is true as well as false, and therefore it is in its own nature innocent; and
is only changed into a fault, when it is against justice and charity, under
which simplicity is to be plac'd.</p>
                        <p>Under these measures are to be reduced those little equivocations
which are us'd sometimes in craft,<note place="margin">41.</note> but most commonly in wit; such as
are to answer by anagrams, so as to tell a true name but disguis'd by trans<g ref="char:EOLhyphen"/>position
of letters and syllables, or to give the signification of a name in
other words. Thus if a man whose name is <hi>Dorotheus</hi> calls himself <hi>Theo<g ref="char:EOLhyphen"/>dorus,</hi>
for <hi>Nicolaus, Laonicus,</hi> for <hi>Demonicus, Nicodemus;</hi> it is an equi<g ref="char:EOLhyphen"/>vocation
or an art of deception, but such as may be legitimated by the
cause: but if the inquiry be in a serious matter, the answer must be seri<g ref="char:EOLhyphen"/>ous
and material, true, and significative to the purposes of law, and justice,
and society. And therefore if <hi>Nicodemus</hi> had been interrogated by <hi>Pilate</hi>
in a serious cause, he might not have said his name was <hi>Demonicus;</hi> and the
reason, is, because he might not have concealed it. But when it is law<g ref="char:EOLhyphen"/>full
to conceal it if we can, this is a just way of doing it; for it is not lie
in it self, and can be made to doe or to minister to that good which is inten<g ref="char:EOLhyphen"/>ded.
Thus in the book of <hi>Tobit</hi> we find that the Angel <hi>Raphael</hi> called
himself <hi>Azarias</hi> the son of <hi>Ananias,</hi> which indeed is the name of his office,
or the <hi>Rebus,</hi> the meaning of his present imployment, that is, <hi>Auxilium
Domini, Filius nubis Domini, The aid of the Lord, Son of the Lords cloud;</hi>
meaning that he was sent from the Lord in a cloud or disguise to be an aid
and a blessing to that religious family. And he that call'd <hi>Arsinoe</hi> 
                           <gap reason="foreign">
                              <desc>〈 in non-Latin alphabet 〉</desc>
                           </gap>
                           <hi>Juno's violet,</hi> kept all the letters of the name right, and complemented
the Lady ingeniously. But these are better effects of wit then ministeries of
justice; and therefore are not to be used but upon great reasons, and by
the former measures, when the matter is of concernment.</p>
                     </div>
                     <div n="4" type="question">
                        <pb n="104" facs="tcp:58903:363"/>
                        <head>Question IV. Whether it be lawful by false signes,<note place="margin">42.</note> by actions and pretences of actions, to
deceive others for any good end: and in what cases it is so.</head>
                        <p>
                           <hi>To this question I answer in the words of</hi> Aquinas,<note place="margin">43.</note> 
                           <hi>because they are
reasonable pious,</hi>
                           <note place="margin">
                              <gap reason="illegible" resp="#TECH" extent="1 letter">
                                 <desc>•</desc>
                              </gap>. 2<gap reason="illegible" resp="#TECH" extent="1 letter">
                                 <desc>•</desc>
                              </gap>. q. 3. art. 1.</note> Ad virtutem veritatis pertinet, ut quis talem se exhi<g ref="char:EOLhyphen"/>beat
exterius per signa exteriora qualis est; ea autem non solum sunt verba,
sed etiam factae: <hi>and a little after,</hi> Non refert autem utrum aliquis menti<g ref="char:EOLhyphen"/>atur
verbo, vel quocunque alio facto, It is all one if a man lies, whether it be
by word or by deed. <hi>A man may look a lie, and nod a lie, and smile a lie.</hi>
                        </p>
                        <p>But in this there is some variety:<note place="margin">44.</note> For 1. all dissembling from an evil
principle and to evil purposes is criminal. For thus <hi>Tertullian</hi> declaims
bitterly against those Ladies <hi>who</hi> (saies he) <hi>being taught by the Apostate An<g ref="char:EOLhyphen"/>gels
oculos circumducto nigrore fucare,</hi>
                           <note place="margin">Lib. de discipl. &amp; habitu. virg.</note> 
                           <hi>&amp; genas mendacio ruboris inficere, &amp;
mutare adulterinis coloribus crinem, &amp; expugnare omnem oris &amp; capitis ve<g ref="char:EOLhyphen"/>ritatem,
besmear their eye-brows with a black semicircle, and stain their cheeks
with a lying red, and change the colour of their hair into an adulterous pre<g ref="char:EOLhyphen"/>tence,
and drive away all the ingenuity and truth of their faces.</hi> And <hi>Clemens
Alexandrinus</hi> is as severe against old men that with black-lead combes put
a lie upon their heads; and so disgrace their old age, which ought to be
relied upon, believ'd and reverenc'd for truth. And it was well said of <hi>Ar<g ref="char:EOLhyphen"/>chidamus</hi>
to a man of <hi>Chios</hi> who did stain his white hairs with black and
the imagery of youth, the man <hi>was hardly to be believ'd, when he had a lie
in his heart, and bore a lie upon his head.</hi> These things proceeding from
pride and vanity, and ministring to lust, or carried on with scandal, are not
onely against humility and sobriety and chastity and charity, but against
truth too; because they are done with a purpose to deceive, and by deceit
to serve those evil ends. To the same purpose was the fact of them of
whom <hi>Dio Chrysostomus</hi> speaks,<note place="margin">Orat. 21.</note> who knowing that men were in love with
old Manuscripts, would put new ones into heaps of corn and make them
look like old: such also are they who in <hi>Holland</hi> lately would exactly
counterfeit old Meddals, to get a treble price beyond the value of the
metal and the imagery. These things and all of the like nature are certainly
unlawful, because they are against justice and charity.</p>
                        <p>2. But there are other kinds of counterfeits,<note place="margin">45.</note> such as are gildings of
wood and brass, false stones, counterfeit diamonds, glass depicted like
emeralds and rubies, a crust of marble drawn over a building of course
stone; these are onely for beauty and ornament, and of themselves mini<g ref="char:EOLhyphen"/>ster
to no evil,<note place="margin">Vide Senecam epist. 115.</note> but are pleasant and useful: now though to sell these images
of beauty for real be a great cheat; yet to expose them to be seen as such,
and every man be left to his liberty of thinking as he please, and being
pleas'd as he can, is very innocent.</p>
                        <p>3. There is a third sort of lying or deceiving by signs not vocal:<note place="margin">46.</note> that
is, the dissembling of a passion, such as that of which <hi>Seneca</hi> complains in
the matter of Grief, which is the simplest of all passions; but pretended
by some without truth to purposes not good. <hi>Sibi tristes non sunt, &amp;
clariùs cum audiuntur gemunt,</hi>
                           <note place="margin">Epist. 99.</note> 
                           <hi>&amp; taciti quietique dum secretum est, cum
<pb n="105" facs="tcp:58903:363"/>
aliquos viderint in fletus novos excitantur.</hi> So did <hi>Gellia</hi> in the Epigram,
<q>
                              <l>Amissum non flet cum sola est Gellia Patrem:</l>
                              <l>Si quis ad est, jussae prosiliunt lachrymae.</l>
                           </q>
They are full of tears in company, but in their retirements pleas'd well
enough. Now things of this nature are indifferent; but are good or bad
according to the cause or the design. <hi>Mourn for the dead,</hi> saith <hi>Ben-Sirach, and
that a day or two, lest thou be evil spoken of.</hi> That end is honest; and there<g ref="char:EOLhyphen"/>fore
to mourn in solemnity is good, if we cannot mourn in passion: and the
laws <hi>enjoyn</hi> to a man and woman respectively <hi>annum luctus, a year of
solemn mourning;</hi> all which time it is not suppos'd the passion should be
troublesome and afflictive. Thus we find <hi>David</hi> pretending madness be<g ref="char:EOLhyphen"/>fore
<hi>Achish</hi> the King of <hi>Gath;</hi> it was for his life: and we doe not find any
of the ancient Doctors blaming the dissimulation.</p>
                        <p>4. But that which is here the principal inquiry is,<note place="margin">47.</note> whether signs not
vocal, which have in them ambiguity, and may signify several things, may
be us'd with a purpose to deceive. And to this the answer is the same with
the former in the case of equivocation, with this onely difference; That
as there is some more liberty in the use of equivocal words, then of a
simple lie; so there is some more liberty yet in equivocal actions then in
words, because there may be more reasons for such dubious actions then
for dubious words, and they are not so near, so usual,<note n="*" place="margin">Vide Aq<gap reason="illegible" resp="#TECH" extent="1 letter">
                                 <desc>•</desc>
                              </gap>i<g ref="char:EOLhyphen"/>nat. in 3. <gap reason="illegible" resp="#TECH" extent="1 letter">
                                 <desc>•</desc>
                              </gap>. dist. 38. art. 3. ad 5.</note> so intended
significations of our mind, nor ministeries of entercourse and society. But
where they are taken so, they are to be governed by the same rules;
save onely that a less necessity may be a sufficient legitimation of such dubi<g ref="char:EOLhyphen"/>ous
signs: concerning which, besides the analogy and proportion to the
former rules, there is no other measure but the severities of a good and
a prudent man taking into him the accounts of Christian simplicity and
ingenuity.</p>
                        <p>I have onely one thing to adde in order to practice.<note place="margin">48.</note> There is a liberty
in the forecited cases there where there is a necessity, and where there is
a great charity. For in these cases it is true what S. <hi>Chrysostom</hi> saies, <hi>Frau<g ref="char:EOLhyphen"/>dis
quidem magna vis modo ne fraudulento animo fiat: quam ipsam tum ne
fraudem quidem nominandam putaverim, verum Oeconomiam quandam po<g ref="char:EOLhyphen"/>tius
ac sapientiam artemque, quâ possis è mediis iisque imperviis desperatarum
rerum angustiis difficultatibusque correctis &amp; emendatis animi vitiit eva<g ref="char:EOLhyphen"/>dere.</hi>
There is a great use of artifices in our words and actions when we are
hard put to it in desperate cases and extremest difficulties, and then these
arts are not indeed deceptions, but just escapes. But yet this I say, that it
is not safe to use all our liberty; because when it is practis'd freely, we
oftentimes find our selves ill Judges of the necessity. And however it be,
yet it is much more noble to suffer bravely then to escape from it by a
doubtful way; 1. for the love and honour of simplicity, 2. for the en<g ref="char:EOLhyphen"/>deavours
of perfection, 3. for the danger of sin, 4. for the peril of scan<g ref="char:EOLhyphen"/>dal.
And it was bravely done of <hi>Augustus Caesar,</hi> who when he had pro<g ref="char:EOLhyphen"/>mised
ten thousand Sesterces to him that should bring <hi>Corocotta,</hi> a famous
Spanish thief, alive into his presence; <hi>Corocotta</hi> himself came and deman<g ref="char:EOLhyphen"/>ded
the money, and had it, and he was spar'd besides: he escaped for his
wit and confidence; but had the money <hi>pro fide Caes<gap reason="illegible" resp="#TECH" extent="2 letters">
                                 <desc>••</desc>
                              </gap>is,</hi> according to the
faith and nobleness of <hi>Casars</hi> justice: for he might have made use of
the ambiguity of his words to have kept the money, and hang'd the
<pb n="106" facs="tcp:58903:364"/>
thief; but he thought it Nobler to doe all that he could be thought to have
intended by his words. <gap reason="foreign">
                              <desc>〈 in non-Latin alphabet 〉</desc>
                           </gap>, saies
<hi>Aristotle,</hi>
                           <note place="margin">Lib. 4. Eth. c. 7.</note> 
                           <hi>The brave and magnanimous man does not sneak, but speaks truth
and is confident.</hi>
                        </p>
                        <p>It cannot be denied what S. <hi>Clemens Alexandrinus</hi> said,<note place="margin">49.</note> 
                           <gap reason="foreign">
                              <desc>〈 in non-Latin alphabet 〉</desc>
                           </gap>,
<hi>a good
man will for the good of his neighbour doe something more then he would
doe willingly and of his own accord;</hi> yet when it is his own case, it is better
to let goe his liberty then to run a hazard. <hi>Sarah</hi> did lie, and she was re<g ref="char:EOLhyphen"/>proved
by the Angel; <hi>Abraham</hi> did so too, saies <hi>Tertullian, Saram soro<g ref="char:EOLhyphen"/>rem
suam mentitus est,</hi> but he was reproved by <hi>Abimelech: Jacob</hi> did lie to
his Father, but he is not commended for it; and <hi>Rachel</hi> did dissemble, but
she died in childbirth, and it was occasioned by that, say the Jewish Do<g ref="char:EOLhyphen"/>ctors:
<hi>Simeon</hi> and <hi>Levi</hi> destroyed the Sichemites by a stratagem, but they
troubled the house of <hi>Israel</hi> by it: <hi>Thamar</hi> deceived <hi>Judah,</hi> but she plai'd
the harlot in deed as well as in words. And concerning those worthy per<g ref="char:EOLhyphen"/>sons
mentioned in Scripture who did lie or dissemble, the Christian Do<g ref="char:EOLhyphen"/>ctors
have been put to it to make apologies, and excuses, and justifications
for them, and are not yet agreed how to doe it. S. <hi>Basil</hi> and S. <hi>Chryso<g ref="char:EOLhyphen"/>stome</hi>
are two examples of several proceedings. S. <hi>Basil</hi> alwaies bore his
heart upon his hand, and shewed it to every one that was concerned. Saint
<hi>Chrysostome</hi> used craft against the simple, and fraud against him that spoke
all things in simplicity.<note place="margin">Vide in fine li. 1. de Sacerd.</note> 
                           <hi>Chrysostome</hi> was forced with laborious arts to ex<g ref="char:EOLhyphen"/>cuse
and justifie it, and did it hardly: But S. <hi>Basil</hi> had no scruple concerning
his innocence; what he had concerning his prudence and safety does not
belong to the present question.<note place="margin">Serm. of Chri<g ref="char:EOLhyphen"/>stian simpli<g ref="char:EOLhyphen"/>city.</note> But of this last particular I have given
larger accounts in a Discourse on purpose.</p>
                        <p>The conclusion is this, If a man speaks a direct down-right lie,<note place="margin">50.</note> he
can very hardly be innocent: but if by intrigues of words and actions,
<hi>per involucra verborum</hi> (as <hi>Cicero</hi> calls it) <hi>per orationem intortam</hi> (as the
Comedy) <hi>by covers of words,</hi> and <hi>by crooked speeches,</hi> a man have enter<g ref="char:EOLhyphen"/>course,
he had need be very witty to be innocent according to the Hebrew
proverb, <hi>If a man have wit enough to give cross and involved answers, let
him use it well;</hi> if he knows not how to doe it well, let him hold his peace.
It was but a sneaking evasion of S. <hi>Francis,</hi> when the pursuers after a mur<g ref="char:EOLhyphen"/>derer
asked if the man came that way; No, saith the Frier, thrusting his
hand into his sleeve, he came not here. If a mans wit be not very ready
and very clear, while he thinks himself wise, he may become a vain per<g ref="char:EOLhyphen"/>son.
The Devil no question hath a great wit, and a ready answer; yet
when he was put to it at his Oracles, and durst not tell a down-right lie, and
yet knew not what was truth many times, he was put to most pitifull
shifts, and trifling equivocations, and arts of knavery; which when they
were discovered by events contrary to the meaning which was obvious for
the inquirers to understand it made him much more contemptible and ri<g ref="char:EOLhyphen"/>diculous
then if he had said nothing, or confess'd his ignorance. But he that
does speak, and is bound to speak, must speak according to the mind of
him with whom he does converse, that is, so to converse, that by our fault
he be not deceived against his right, against justice or against charity, and
therefore he had better in all things speak plainly: for truth is the easiest
to be told; but <hi>no wit is sufficient for a crafty conversation.</hi>
                        </p>
                     </div>
                  </div>
                  <div n="6" type="rule">
                     <pb n="107" facs="tcp:58903:364"/>
                     <head>RULE VI. It is not lawfull for private Christians without
publick authority to punish Malefactors, but
they may require it of the Magistrate in some
cases.</head>
                     <p>IN the law of Nature it was permitted:<note place="margin">1.</note> but as the world grew older,
and better experienc'd, and better instructed, it became unlawfull and
forbidden; in some places sooner, in some places later. The <hi>Ephori</hi>
among the <hi>Lacedaemonians</hi> might kill Criminals extrajudicially; and <hi>Nico<g ref="char:EOLhyphen"/>laus</hi>
of <hi>Damascus</hi> relates, that amongst the <hi>Umbrians</hi> every man was the re<g ref="char:EOLhyphen"/>venger
of his own injuries: for till by laws men were defended, they by
revenges and retaliation might drive away the injury as far as was neces<g ref="char:EOLhyphen"/>sary.
But because when a man is in pain and grief he strikes unjustly and
unequally, and judges incompetently, laws were made to restrain the first
licence, and to put it into the hands of Princes onely, because they being
common Fathers to their people, were most likely to doe justice equally
and wisely. <hi>Iccirco enim judiciorum vigor jurisque publici tutela videtur in
medio constituta, ne quisquam sibiipsi permittere valeat ultionem,</hi> said <hi>Hono<g ref="char:EOLhyphen"/>rius</hi>
and <hi>Theodosius,</hi> That no man might avenge himself, Laws and
Judges and Tribunals were appointed for publick justice.</p>
                     <p>But for this,<note place="margin">2.</note> provisions at first could not be made so generally, but
that some cases would happen, and some gaps be left open, which every man
must stop, and provide for as well as he could. Thus we find that <hi>Phinehas,</hi>
when he saw God was angry with the Sons of <hi>Israel</hi> about the matter of
<hi>Moab,</hi> himself, to divert the anger that was already gone forth, smote
<hi>Zimri,</hi> a Prince among the Simeonites, and his fair Mistris in his arms,
and kill'd them in their Crimes. From his example many Zelots amongst
the Jew took liberty to kill a man that sinn'd apparently. So <hi>Mattathias</hi>
kill'd a Jew that offer'd sacrifice according to the manner of the Greeks;
and the People kill'd three hundred of their Countrymen upon the like
account. But this quickly grew into excess and irregularity; and there<g ref="char:EOLhyphen"/>fore
when our Blessed Lord was zealous for the honour of the Temple,
he went no further but to use a little Whip to affright them from their
prophaneness.</p>
                     <p>And yet in some cases God permitted private persons to be Execu<g ref="char:EOLhyphen"/>tioners;<note place="margin">3.</note>
as in case a Jew tempted his Child,<note place="margin">Deut. 13. 9.</note> or Brother, or Neighbour to
Idolatry, the tempted person might kill him without delating him to the
Judge: and in a cause of Blood, the next of kin might kill the Man-slayer
if he overtook him before he took Sanctuary. But here the cases were
such that the private person was not Judge, but by leave from God was
Executioner upon the notoreity of the fact: for although for a dead per<g ref="char:EOLhyphen"/>son
his nearest relation might with his own hand take vengeance; yet if
himself was wounded, he might not, but by the sentence of the Judge, say
<pb n="108" facs="tcp:58903:365"/>
the Doctors of the Jews; because he ought not to be Judge where he
could hardly be moderate.</p>
                     <p>In the Sea,<note place="margin">4.</note> and in desart places, where there can be no appeals to
Judges, every man is Executioner of the sentence of the law of Nations.
Thus we find that <hi>Julius Caesar</hi> pursued the Pirats in the Mediter<g ref="char:EOLhyphen"/>ranean
and Adriatick Seas; and because the Proconsul would not, he
gather'd a sudden Navy and overtook them, and hang'd them upon the
main-yards of their own Vessels. Thus the wild <hi>Arabs</hi> and <hi>Circassian</hi>
Thieves, that live in vast places, and under no Government, being publick
Enemies of Mankind, and under no laws, nor treaties or communications of
peace, may be kill'd by every one that is injur'd and spoil'd by them, when
he can doe it. To this agrees that of <hi>Tertullian, In publicos hostes omnis homo
miles est;</hi> and that of <hi>Democritus,</hi> 
                        <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>,
<hi>He that kils a thief and a robber with
his own hand, or by command, or by consent, is innocent,</hi>
                        <q>
                           <gap reason="foreign">
                              <desc>〈 in non-Latin alphabet 〉</desc>
                           </gap>.</q>
But this is to be understood of the permission in the law of Nature.</p>
                     <p>For in Christianity men are not easily permitted to touch blood;<note place="margin">5.</note>
not hastily to intermeddle in the causes of blood; not to give sentence
for the effusion of it: these things are to be done with caution, and a slow
motion, and after a loud call, and upon a great necessity, because there are
two great impediments: the one is the duty of Mercy, which is greatly re<g ref="char:EOLhyphen"/>quir'd
and severely exacted of every Disciple of Christ; and the other is,
that there is a Soul at stake when blood is to be shed, and then they are
told, that as they judge they shall be judged, as they measure it shall be
measured to them again. And therefore Criminal Judges have a tender
imployment, and very unsafe, unless they have the guards of a just Au<g ref="char:EOLhyphen"/>thority,
and a great mercy, and an unavoidable necessity, and publick uti<g ref="char:EOLhyphen"/>lity,
and the fear of God alwayes before their eyes, and a great wisedome to
conduct their greatest dangers.</p>
                     <p>That which remains and is permitted in Christianity is,<note place="margin">6.</note> 1. The <hi>pu<g ref="char:EOLhyphen"/>nishment
of reprehension,</hi> of which every wise and good man may be judge
and minister: for as S. <hi>Cyprian</hi> said that every Bishop is a Bishop of the
Catholick Church, that is, whereever he chance to be, he must not suffer
a Soul to perish if he can help it, but hath right every where to minister
to the necessities of Souls, who are otherwise destitute, and every where to
pray in private, to bless, to absolve dying persons, to supply the defects of
a widow and desolate Church; so every good man hath power to punish
a base and vicious person by severe and wise animadversions of reproof.
For a wise man is never a private man (said <hi>Cicero;</hi>) and <hi>Nasica,</hi> and <hi>Cato,</hi>
and <hi>Fabius,</hi> and <hi>Lollius</hi> were in authority like perpetual Consuls, alwayes
in power over a vicious man.</p>
                     <p>2. It is not against the laws of Christianity,<note place="margin">7.</note> that Parents, and Tutors,
and Masters, and Governors should punish Criminals, that is, such as are
subject to them, and by such punishments as are permitted by law, and by
such measures as are agreeable to the just and charitable ends<note n="*" place="margin">Jubet Deus ut manus no<g ref="char:EOLhyphen"/>stras super mi<g ref="char:EOLhyphen"/>nores semper habeamus, hoc est, ut peccantes eos assiduis verberibus corrigamus, n<gap reason="illegible" resp="#TECH" extent="1 letter">
                              <desc>•</desc>
                           </gap> amore inuili &amp; indulgentia nimi<gap reason="illegible" resp="#TECH" extent="1 letter">
                              <desc>•</desc>
                           </gap> e<gap reason="illegible" resp="#TECH" extent="1 letter">
                              <desc>•</desc>
                           </gap>u<g ref="char:EOLhyphen"/>
                           <gap reason="illegible" resp="#TECH" extent="1 letter">
                              <desc>•</desc>
                           </gap>entur ad malum, &amp; ad vitia nutriantur, <hi>Lactant. lib.</hi> 6. <hi>instit.</hi>
                        </note> of their re<g ref="char:EOLhyphen"/>spective
<pb n="109" facs="tcp:58903:365"/>
governments, and by the analogy and proportions of Christian
mercy and clemency: in the execution of which punishments there need
no other laws be given but what are dictated by the mind of a charitable,
dispassionate and a good man. But then in these Governments there is more
liberty then in any other but the supreme: for a personal injury done to a
Father or a Tutor may be punish'd by the Father or Tutor respectively,
and so also it may by the Supreme power, <hi>Cum dignitas authoritasque
ejus in quem est peccatum tuenda est, ne praetermissa animadversio contemptum
ejus pariat, &amp; honorem levet,</hi> said <hi>Taurus</hi> the Philosopher in <hi>A. Gellius.</hi> An
injury done to a Superiour is a contempt of his authority as well as injuri<g ref="char:EOLhyphen"/>ous
to his person; and if it be not punish'd, will soon disorder the superio<g ref="char:EOLhyphen"/>rity.
But then this must be wholly for emendation; and though anger
may be the instrument, yet charity must be both the measure and the end.</p>
                     <p>3. When the law hath pass'd a sentence,<note place="margin">8.</note> and given leave to any sub<g ref="char:EOLhyphen"/>ject
to be executioner, he that is injur'd may doe it. But this is to be un<g ref="char:EOLhyphen"/>derstood
in one case onely that concerns the Subject, and one that concerns
the Prince. 1. For if the Prince commands that whoever finds such a
person shall smite him to death if he can, every man is bound to it, if
the law be just: as in the case of Treason, or deserting their military sta<g ref="char:EOLhyphen"/>tion,
it hath sometimes been decreed. <hi>In reos Majestatis, against Traitors</hi>
every man is a Souldier, sayes <hi>Tertullian,</hi> who affirms it also concerning all
publick Enemies. 2. The other case, which relates to the advantage of
the Subject, is, when the execution of the publick sentence is necessary to
be done speedily for the prevention of future mischiefs. Thus <hi>Justinian</hi>
gave leave to every man to kill the Souldiers that came to plunder; for in
that case there was no staying for solemnities of law, and the proceedings
and method of Courts;<note place="margin">C<gap reason="illegible" resp="#TECH" extent="1 letter">
                              <desc>•</desc>
                           </gap>d. rubr. quando liceat se sine judice vindicare.</note> 
                        <hi>Melius enim est occurrere in tempore quam post exitu<g ref="char:cmbAbbrStroke">̄</g>
vindicare. Vestram igitur vobis permittimus ultionem, &amp; quod serum est pu<g ref="char:EOLhyphen"/>nire
judicio, subjugamus edicto, ut nullus parcat militi, cui obviare telo opor<g ref="char:EOLhyphen"/>teat
ut latroni.</hi> This which the law cals a revenge is but a meer defence,
it is a taking the mischief before it be intolerable; and therefore this will
be the more out of question: for certainly if some punishments are law<g ref="char:EOLhyphen"/>full,
all necessary defences are much more; this onely excepted, that the
degree of this is excessive and uncharitable, and therefore ought not to
be done, but in those cases where the evil likely to be suffer'd by the inno<g ref="char:EOLunhyphen"/>cent
is intolerable, as if the plunder be the undoing of a man and his family,
and will cause them to perish, or to be extremely miserable; and therefor<gap reason="illegible" resp="#TECH" extent="1 letter">
                           <desc>•</desc>
                        </gap>
                        <hi>Ulpian</hi> said well, <hi>Furem nocturnum si quis occiderit, ità demum impunè fe<g ref="char:EOLhyphen"/>ret,
si parcere ei sine periculo suo non poterit,</hi> Though the law permits a
man to kill a Night-thief, yet he may not doe it if he can secure himsel<gap reason="illegible" resp="#TECH" extent="1 letter">
                           <desc>•</desc>
                        </gap>
without it: but when to spare the Thief will be his own undoing, the<gap reason="illegible" resp="#TECH" extent="1 letter">
                           <desc>•</desc>
                        </gap>
he may. For it is true which was said of old,
<q>Res omnes conditae famulantur vitae humanae;</q>
And again,
<q>Nobilissimum est quod orbis habet humana vita.</q>
Nothing is fit to be put in ballance to the life of man; and therefore when
a man's life and a man's goods are compar'd abstractly, these are extremely
out-weighed by that: and therefore for little and tolerable losses it were
well if the laws would appoint lesser punishments then Death. But when
it is consider'd, that a great loss makes a man and all his family live a mi<g ref="char:EOLhyphen"/>serable
life, and men willingly venture their lives to save such great por<g ref="char:EOLhyphen"/>tions,
<pb n="110" facs="tcp:58903:366"/>
the laws that put such thieves to death are very justifiable. And it is
observable that when God in <hi>Moses</hi> law appointed a mulct of money upon
thieves, it was supposed to be in such robberies where the thief was able
to restore four-fold. Adde to this, that if our laws did provide that stollen
goods should be restored, they would less need to give leave to the true
man to kill the thief. But now that he is the more likely to be undone,
because no restitution is to be made him, he may in the case of such great
spoilings be better allowed to be the executioner of the sentence of the law
to prevent his ruine, and to defend his right. But it were much better if he
would not at all use this liberty.</p>
                     <p>4. But when the evil is past if the law permits the execution of her
sentence to the injur'd person;<note place="margin">9.</note> it is to be supposed that there is onely an
indulgence to the grief of him that is wrong'd, and therefore if he kills
the injurious man, he is indemnified in law, but not quitted in Con<g ref="char:EOLhyphen"/>science.
Thus when the Civil law of old, <hi>L. Gracchus C. ad legem Juliam,
de Adulteriis,</hi> and at this day the Spanish laws permit the wronged Hus<g ref="char:EOLhyphen"/>band
to kill the adulterer, it is lawful; that is, it is not against justice,
and therefore the law cannot punish it: but because it is extremely against
charity, his Confessor ought not to absolve him without repentance and
amends; for the Gospel does not approve it. The reason is, because if the
injury be done, the execution is meerly revenge, without the mixture of
any good thing to legitimate it. Now if the law does it by her ministers,
it is <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>, an example, <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap> (as <hi>De<g ref="char:EOLhyphen"/>mosthenes</hi>
his expression is) that others may be afraid, &amp; not be tempted by
impunity. But if the man does it by his private hand, there is in it less of
observation and exemplarity; or if there were not, yet there were less
intended; and therefore the private executing hand is not so innocent:
<gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>,<note place="margin">Rom. 12. 19.</note> saith the Apostle, <hi>we must not avenge our selves:</hi> this
can hardly be reconcil'd with such executions. There is onely this allay
in it, that if the wronged husband can no other way prevent his dishonour
and his wives sin or continuance in it, if the law permits it to him, it may
be suppos'd to be done for prevention, not for revenge; and if it be so, as
it is suppos'd, it hath many degrees of excuse, and some of lawful, but
nothing commendable; for nothing can reconcile it to charity, because (as
I observed before) there is a soul in the way which ought strangely much
to be regarded. Nay there are two Souls: for it was rarely said by <hi>Py<g ref="char:EOLhyphen"/>thagoras,</hi>
as <hi>Iamblichus</hi> relates, <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>,
<hi>it is better to suffer the injury then to kill the
man: For after death there shall be a judgment;</hi> he that did the wrong shall
be punish'd, and he that spar'd him shall be rewarded.</p>
                     <p>5. But if the Criminal be of so desperate an impiety that he seems
incorrigible,<note place="margin">10.</note> and of a long time hath seem'd so (for that is the best way to
prove him so) then it is lawful for a private hand to be executioner of the
publick sentence; but he that is injur'd ought not to doe it. Not that it
is murder, or directly unlawful in the precise action: but that it can hardly
be quitted from revenge; and it will be hard for any man to be so good
as not to have just cause to suspect himself, if he be so bad, upon the
meer permissions of law to thrust his hand into his brothers heart. Other
persons may doe it out of zeal or love of their countries good. The Civil
law gave leave <hi>exercendae publicae ultionis adversus latrones, desertoresque
<pb n="111" facs="tcp:58903:366"/>
militiae, of executing the anger of the law against fugitive souldiers, and com<g ref="char:EOLhyphen"/>mon
robbers:</hi> he that had not been robbed by them might better doe it then
he that had: for it being permitted <hi>pro quiete communi, for the publick peace,</hi>
he is a good patriot that honestly and justly ministers to that end alone; but
he that hath suffer'd by them, had need be an Angel, if he does not spoil
that good end by the mixture of revenge; and if he be an Angel he will
find a better imployment then to kill a man where it is not commanded,
and where it is not necessary.</p>
                     <p>6. Some affirm that Princes are never to be reckoned to be private
persons,<note place="margin">11.</note> when they proceed according to the sentence and meaning of the
law, though they doe proceed <hi>brevi manu,</hi> as the style of the law is; and
doe not proceed by the methods and solemnities of law by reason of disabi<g ref="char:EOLhyphen"/>lity
to doe it. Thus if a man grow too hard for the laws, the Prince must
send Souldiers to him, not Serjeants, if the case be notorious and it be a
publick sentence: and the Lord Mayor of <hi>London</hi> did strike <hi>Wat Tyler,</hi>
though he was not convicted in law, nor sentenc'd by the Judges. Upon this
account the King of <hi>France</hi> offered to defend the killing of the duke of
<hi>Guise:</hi> concerning which I cannot give accounts, because there might be in
it many secrets which I know not. But if there wanted nothing but solem<g ref="char:EOLhyphen"/>nities
of law, and there wanted power to suppress him by open force,
and that it was just and necessary that he should die, and by law he was
guilty of it, if there was any thing wanting which should have been done,
he that died was the cause of it, and therefore to him it was to be imputed.
But supposing what these men affirm to be true; (concerning which I shall
affirm nothing) yet this is very rarely to be practis'd, because it is sel<g ref="char:EOLhyphen"/>dome
lawful, if ever it be, and not without the concurrence of very many
particulars, and is very easily abused to extreme evil purposes; as in
that intolerable and inhumane massacre of <hi>Paris,</hi> which all generations of
the world shall speak of with horror and the greatest detestation. But
concerning the thing it self that which the lawyers say is this, <hi>Generale
edictum accedente facti evidentiâ habet vim latae sententiae, when a law is
clear, and the fact is evident, the sentence is already past:</hi> and therefore some
of them are apt to say, To doe the same thing in a chamber is not murder,
if it be justice when it is done upon a scaffold; for the same demerit in the
criminal and the same power in the Supreme is an equal cause and warranty
of the execution. And since it is cheaper to imploy a Physitian then an
army, and there is less prejudice done to the publick by such a course,
since the State of <hi>Venice</hi> kills upon suspicion, and there are some things
known which cannot be proved, and cannot be suffer'd, and since we see
that solemnities of law, like thin aprons, discover more shame sometimes
then they hide, and give more scandal then they remove; these men are
more confident then I am: for they dare warrant this course which I dare
not. But he that will adventure upon this, must take care that it be done
1. by a competent authority, 2. upon a just cause, 3. for a great necessity,
4. according to the intent and meaning of the law; 5. it must be <hi>in summo
&amp; mero Imperio,</hi> by one that is absolute and supreme; 6. it must be upon
notoreity of fact, 7. when there is no scruple of law, 8. and if after all
this there be no scruple in conscience, 9. nor yet any other means of secu<g ref="char:EOLhyphen"/>ring
the publick, 10. and the thing have in it as great charity to the pub<g ref="char:EOLhyphen"/>lick,
as there is in it justice to the particular, 11. and that the warre be
not <hi>justum bellum,</hi> that is, between supreme powers, 12. nor yet any treaty,
<pb n="112" facs="tcp:58903:367"/>
or promise, faith or covenant to the contrary between the supreme and
the inferior offending; 13. nor yet there be a scandal of greater mischief then
can be procured by the unsolemn proceeding; 14. nor is done <hi>refragante
judicio procerum, &amp; sententiis juris prudentum,</hi> against the earnest advice
of prudent and grave persons, which if it happen will arrest the resolution,
and give check and consideration to the Conscience: then it is supposed by
many that there may be reason enough to forbear what cannot be us'd,
that is, <hi>the solemnities of law,</hi> which are the methods of peace, not to be
expected in a state or time of warre. And by this time it will be so hard
to doe it justly, that it will be better to let it alone. For after all these
cautions and proviso's, it is not permitted to assasinate or privately to
murder the Criminal, but to proceed by open force or by avowed man<g ref="char:EOLhyphen"/>ners
of justice, though they be not solemn, and the common waies of peace;
that is, they must be owned in publick, and asserted by law, either ante<g ref="char:EOLhyphen"/>cedently
or <hi>ex post-facto.</hi> An example of the first way is frequently seen in
in <hi>France;</hi> where the fugitives of law are proceeded against in their ab<g ref="char:EOLhyphen"/>sence,
and executed <hi>in effigie;</hi> and in the states of <hi>Italy</hi> against the <hi>Banniti:</hi>
and of the second way examples have been seen in the <hi>Manifesto's</hi> of some
Princes when they have been put to such extrajudicial and private waies
of animadversion. But these things happen not but in such places where
Princes are more absolute, and less Christian, or that the Subject trans<g ref="char:EOLhyphen"/>gresses
by power.</p>
                     <p>7. Upon the like account it hath in some ages of Christianity it self,<note place="margin">12.</note>
but in many ages of Gentilisme, been permitted that by single duel men
prove their innocence, and oppress the supposed Criminal:
<q>
                           <l>—puróque pióque duello</l>
                           <l>Quaerendas res censeo—</l>
                        </q>
said one of the Roman Senators to <hi>Ancus Martius.</hi> Now concerning this
I shall not need to say much; because now long since all Christian Princes
and States, &amp; all Churches and Ecclesiastical persons have condemned it as a
grievous crime, upon these two accounts: 1. Because it is a tempting God by
waies which he hath never allowed, it is a lottery that he never gave warrant
to: and upon this account it was that <hi>Pope Nicolas</hi> the first forbad the Em<g ref="char:EOLhyphen"/>peror
<hi>Lotharius</hi> to try his wives suspected chastity by the combat of two
champions,<note place="margin">Caus. 2. qu. 5. c. 22. mono<g ref="char:EOLhyphen"/>machiam. Decret. tit. de vulgari purgat. 6 Stows Annals. 25. of Henry</note> 
                        <hi>cùm hoc &amp; hujusmodi sectantes, Deum solummodo tentare vi<g ref="char:EOLhyphen"/>deantur;</hi>
and to the same purpose <hi>Pope Celestine</hi> and some others did forbid
it 2. Because the innocent person is expos'd to equal danger with the Cri<g ref="char:EOLhyphen"/>minal,
and hath been oftentimes oppress'd; as it happened in the case of
<hi>William Ca<gap reason="illegible" resp="#TECH" extent="1 letter">
                              <desc>•</desc>
                           </gap>ur</hi> an armourer in <hi>Fleetstreet,</hi> who being by his servant <hi>John
David</hi> falsely accused of treason, was yet slain in <hi>Smithfield</hi> by his perjur'd
adversary: and then the people have accepted the event as a divine testi<g ref="char:EOLhyphen"/>mony,
which in this case being to a lie and to the false part, must needs be
infinitely dishonourable to God. But if it were not for these and some other
evil appendages, and if the innocent person were sure to prevail, and the law
made the private hand the minister of Justice, who onely can tell the secret,
and therefore is the surest Judge, there is no peradventure it might as well
be done by that hand as by any other. But this cannot be reduc'd to practice
at all; but in the whole conjunction of affairs is highly criminal and intole<g ref="char:EOLhyphen"/>rable.
In <hi>Spain</hi> we find that a duel was permitted between two eminent
persons [<hi>los infantes de lara,</hi> the Spaniards call them] onely upon the ac<g ref="char:EOLhyphen"/>cusation
of an injury done to some Ladies, the daughters of <hi>Rodrigo de
<pb n="113" facs="tcp:58903:367"/>
Bibar;</hi> and the victory was gain'd by him that was innocent: and another
by the men of <hi>Zamora</hi> in the case of the death of King <hi>Sanctus;</hi> and quick<g ref="char:EOLhyphen"/>ly
they found advocates and defenders. And <hi>Vasquius</hi> affirms it may as well
be permitted by law, as that an injur'd Husband should kill the adulterer.
But besides the reasons formerly alledged against such private executions
of an uncertain sentence; because they have no foundation in justice or
charity, neither in publick or private good, they are deservedly banished
from all Christian Countries.</p>
                     <p>But this is to be understood onely of Judiciall Duels,<note place="margin">13.</note> whether Crimi<g ref="char:EOLhyphen"/>nal
or Civil; for as for Duell extrajudiciall and private, it is so Unjust,
so Uncharitable, and so Unreasonable, so much against all Laws of God
and Man, so infinitely against the piety of him that survives it, so infinitely
against the hopes of him that dies in it, that nothing can excuse it: but
even Duels which are permitted by laws, ought not to be so, and are not
permitted by religion; excepting onely when the Duel is a <hi>compendium</hi> of
war, and is designed to doe justice, and to prevent the greater issues of
blood.</p>
                     <p>Thus the Romans and Albans determin'd their wars by the fight of
three Champions of each side;<note place="margin">14.</note> and the <hi>Curiatii</hi> being subdued by <hi>Hora<g ref="char:EOLhyphen"/>tius
Cocles,</hi> the City <hi>Alba</hi> came into subjection to <hi>Rome. David</hi> and <hi>Go<g ref="char:EOLhyphen"/>liah</hi>
fought for their respective Countries; but the Duel did not deter<g ref="char:EOLhyphen"/>mine
it directly, but onely discourag'd the conquer'd party. Upon the
same account <hi>Clodoveus</hi> the first Christian King of <hi>France</hi> offer'd to fight
with <hi>Alaricus</hi> Prince of the West Goths; <hi>nobilissimo pari fortunam utrius<g ref="char:EOLhyphen"/>que
gentis decretum in,</hi>
                        <note place="margin">Lib. 5. hist. Ital.</note> said <hi>Paulus Aemilius:</hi> and <hi>Guicciardine</hi> tells that
when the French and Italian armies were ready to joyn battel, the fortune
of the day was committed to thirteen Champions on either part.<note place="margin">in Dobunis.</note> 
                        <hi>Cambden</hi>
reports that when the Saxons and Danes grew weary of the so great effu<g ref="char:EOLhyphen"/>sion
of blood caused by their daily wars, <hi>misso in compendium bello, utrius<g ref="char:EOLhyphen"/>que
gentis fata Edmundo Anglorum &amp; Canuto Danorum Regibus commissa
fuerunt, qui singulari certamine de summa Imperii in hac insula depugna<g ref="char:EOLhyphen"/>runt.
Edmund</hi> and <hi>Canutus</hi> fought in a little Island by <hi>Gloucester,</hi> and drew
the war into a <hi>compendium,</hi> and sav'd the lives of their Subjects by hazar<g ref="char:EOLhyphen"/>ding
their own. <hi>William</hi> Duke of <hi>Normandy</hi> offer'd this to <hi>Harold</hi> before
the battail in <hi>Sussex:</hi> And King <hi>John</hi> of <hi>England</hi> to <hi>Lewis</hi> of <hi>France,</hi> by
deputed Champions. And <hi>Richard</hi> the second of <hi>England</hi> challenged
<hi>Charles</hi> the sixth of <hi>France</hi> concerning the title of the French Crown. And
Pope <hi>Martin</hi> allowed the Duel between <hi>Charles</hi> of <hi>Anjou</hi> and <hi>Peter</hi> of <hi>Ar<g ref="char:EOLhyphen"/>ragon</hi>
to determine the question concerning the Kingdome of <hi>Sicily.</hi> These
indeed are great Examples, and are then onely just when the wa<gap reason="illegible" resp="#TECH" extent="1 letter">
                           <desc>•</desc>
                        </gap> is just,
and on that side onely on which it is just.<note place="margin">Bald. 5. conf<gap reason="illegible" resp="#TECH" extent="2 letters">
                              <desc>••</desc>
                           </gap>. 493.</note> 
                        <hi>Haec est necessitas quae bellum
justificat</hi> (saith <hi>Baldus) cum ad bellum extremo loco confugitur,</hi> When the
war is necessary and the case is extreme, the necessity makes it just, when
the contrary evil is intolerable: and when things are come to this pass,
then it is true what <hi>Bodinus</hi> saies, <hi>Non interest quo numero adversus hostes
decernatur,</hi> It matters not by how few the war be ended. Such a Duel
is a just war,<note place="margin">Horat. epist. l. 1. ep. 2.</note> as all war antiently was called a Duel,
<q>Graecia Barbariae lento collisa duello,</q>
                        <hi>All</hi> Greece <hi>and</hi> Barbary <hi>fought a duell;</hi> it is <hi>duarum partium congressus,</hi> the
contention of two armies as well as two single persons: and that the words
<pb n="114" facs="tcp:58903:368"/>
are <hi>synonyma</hi> we find in <hi>Varro</hi>
                        <note n="a" place="margin">De lingua Latina.</note>, <hi>Festus</hi>
                        <note n="b" place="margin">in verb. Du<g ref="char:EOLhyphen"/>ellum.</note>, <hi>Plautus</hi>
                        <note n="c" place="margin">Amphitruo.</note>, and <hi>P. Merula</hi>
                        <note n="d" place="margin">in lib. 1. Annal. Enn.</note>; but
concerning the thing it self, who please to see more instances and prece<g ref="char:EOLhyphen"/>dents,
more arguments and verifications of it, may at his leisure find many
particulars in <hi>Frisius</hi>
                        <note n="e" place="margin">de Rep. lib. 1. cap. 26.</note>, <hi>Ayala</hi>
                        <note n="f" place="margin">lib. 1. c. 3.</note>, <hi>Bocerus</hi>
                        <note n="g" place="margin">lib. 2. c. 8.</note>, <hi>Alciat</hi>
                        <note n="h" place="margin">de Singul. certam. c. 3.</note>, <hi>Bodinus</hi>
                        <note n="i" place="margin">de Rep. c. 4. l. 7.</note>, <hi>Beuther</hi>
                        <note n="k" place="margin">conclus. 76.</note>, and
<hi>Albericus Gentilis</hi>
                        <note n="l" place="margin">de Jure belli, lib. 1. c. 3.</note>.</p>
                     <p>I have now described the prohibitions of private executions, together
with the cases in which they have been or may be permitted. The next
Question is upon the latter part of the Rule.</p>
                     <div type="part">
                        <head>Whether it be lawfull for a Christian to require of the Magistrate that his
offending Brother may be punished.</head>
                        <p>If the injur'd person be design'd onely to punishment <gap reason="foreign">
                              <desc>〈 in non-Latin alphabet 〉</desc>
                           </gap>,<note place="margin">15.</note>
and <gap reason="foreign">
                              <desc>〈 in non-Latin alphabet 〉</desc>
                           </gap>, <hi>out of anger and a desire to be re<g ref="char:EOLhyphen"/>veng'd,</hi>
there is no question but it is infinitely Unlawfull. <hi>Render not evil
for evil,</hi> and divers other prohibitive words of our Blessed Lord, cannot
mean lesse then the forbidding of revenge, though obtain'd and desir'd from
the hand of justice; for although the Magistrate is bound to doe it, if re<g ref="char:EOLhyphen"/>quir'd,
yet he that requires for vengeance sake is of an Unchristian spirit:
and this was observed by <hi>Dion</hi> in <hi>Plutarch,</hi> 
                           <gap reason="foreign">
                              <desc>〈 in non-Latin alphabet 〉</desc>
                           </gap>,
To receive &amp; re<g ref="char:EOLhyphen"/>quire
amends from the law is more just then that injury against which ju<g ref="char:EOLhyphen"/>stice
is required; but it proceeds from the same weak principle; and there<g ref="char:EOLhyphen"/>fore
it is fit for none but fools and weak persons:
<q>
                              <l>—quippe minuti</l>
                              <l>Semper &amp; infirmi est animi exiguíque voluptas<note place="margin">Juvenal.</note>
                              </l>
                              <l>Ultio: continuò sic collige, quod vindictâ</l>
                              <l>Nemo magis gaudet quam femina—</l>
                           </q>
or rather it becomes not such persons; for nothing can become them but
to leave their folly and to grow wiser; for it is <hi>caecus &amp; irrationalis furor,</hi>
as <hi>Lactantius</hi> calls it, <hi>inhumanum verbum est,</hi> saith <hi>Seneca,</hi> it is unreaso<g ref="char:EOLhyphen"/>nable,
and inhumane, and brutish: <gap reason="foreign">
                              <desc>〈 in non-Latin alphabet 〉</desc>
                           </gap>,
said the Jews of <hi>Alexan<g ref="char:EOLhyphen"/>dria,
We are not delighted in taking revenge against our Enemies, because
by the laws of God we are taught to have compassion on men.</hi> And therefore
is this much more to be observed in Christianity, where we are all members
one of another, united to Christ our head; and therefore we should com<g ref="char:EOLhyphen"/>port
our selves as members of the same body: concerning which <hi>Cassiodore</hi>
saies prettily,<note place="margin">De amicitia.</note> 
                           <hi>Quod si manus una casu aliquo fortè laedat alteram, illa quae
laesa est non repercutit, nec se erigit in vindictam,</hi> If one hand strikes the
other, it is not stricken again, neither doth the other think to be reveng'd;
as knowing it was too much that one was smitten.</p>
                        <p>2. It is lawfull for a Christian to require of the Magistrate to punish him
that is injurious,<note place="margin">16.</note> if he justly fears a future and intolerable evil; for then it
is but a calling to the law for a just defence, without which the Magistrate
should bear the sword in vain. <hi>Clemens Alexandrinus</hi> defines <gap reason="foreign">
                              <desc>〈 in non-Latin alphabet 〉</desc>
                           </gap> or
punishment (meaning that which is just, and in some cases reasonable to be
requir'd) to be <gap reason="foreign">
                              <desc>〈 in non-Latin alphabet 〉</desc>
                           </gap>,
<pb n="115" facs="tcp:58903:368"/>
                           <hi>a return of evil</hi> (not for the vexing of the injurious, but) <hi>for the re<g ref="char:EOLhyphen"/>lief
or commodity of the complainer.</hi> But if it be that which <hi>Aristotle</hi> defin'd
it, <gap reason="foreign">
                              <desc>〈 in non-Latin alphabet 〉</desc>
                           </gap>, <hi>f<gap reason="illegible" resp="#TECH" extent="1 letter">
                                 <desc>•</desc>
                              </gap>r the satisfaction of him that pu<g ref="char:EOLhyphen"/>nishes,</hi>
that is, that he may have the pleasure of revenge, then it is intole<g ref="char:EOLhyphen"/>rable.
And therefore it must be alwaies provided that this appeal respect
the future onely, and not that which is past; for that is revenge, and this is
caution and defence.</p>
                        <p>3. In all repetitions of our rights which are permitted to Christians be<g ref="char:EOLhyphen"/>fore
Christian Judges,<note place="margin">17.</note> it is not lawfull for Christians to take any thing
for amends beyond the reall losse or diminution of good: for that is a re<g ref="char:EOLhyphen"/>tribution
of evil, which at no hand is permitted to a Christian. The Jews
might receive four-fold, Christians must be content with simple restitution
of their loss and reall dammages.</p>
                        <p>4. Christians must not go to law but upon very great cause;<note place="margin">18.</note> and there<g ref="char:EOLhyphen"/>fore
some of the Heathens, <hi>Musonius, Maximus Tyrius,</hi> and others, would
not allow <gap reason="foreign">
                              <desc>〈 in non-Latin alphabet 〉</desc>
                           </gap>, any amends at law for reproachfull or disgracefull
words. And the Christians, who neither were nor ought to be behind
them, desir'd not their Calumniators to be punished. So <hi>Justin Martyr,
We will not those to be punished who doe calumniate us. Their own perverse<g ref="char:EOLhyphen"/>ness
and ignorance of good things is enough already of calamity.</hi> 
                           <gap reason="foreign">
                              <desc>〈 in non-Latin alphabet 〉</desc>
                           </gap>,
A Christian is
commanded by Christ our <hi>new Law-giver</hi> not to be revenged, no not a
little. <hi>Abstinere à litibus etiam plusquam licet,</hi> said <hi>Cicero,</hi> We must abstain
from suits of law, even far beyond our convenience: and in the Primitive
Church they took all honest things for Commandements, and therefore
did not think it lawfull at all to go to law; <gap reason="foreign">
                              <desc>〈 in non-Latin alphabet 〉</desc>
                           </gap>, saith
<hi>Justin Martyr</hi> of them,<note place="margin">Vide <hi>Great Exemplar,</hi> part. 2. p. 363.</note> 
                           <hi>They doe not go to law with them that rob them.</hi> But
that it is lawful, the publick necessities are a sufficient argument; and yet
men for want of charity make more necessities then needs: for if charity
be preserv'd according to its worthiest measures, there would be no suits
of law, but what are not to be avoided; that is, there would be none for
revenge, but some for remedy and relief. And this was that which<note n="*" place="margin">apud Ly<g ref="char:EOLhyphen"/>siam.</note> 
                           <hi>Mu<g ref="char:EOLhyphen"/>sonius</hi>
said, <gap reason="foreign">
                              <desc>〈 in non-Latin alphabet 〉</desc>
                           </gap>, It is not
ingenuous to be running to law upon every provocation though by reall
injury: <gap reason="foreign">
                              <desc>〈 in non-Latin alphabet 〉</desc>
                           </gap>, said <hi>Pythago<g ref="char:EOLhyphen"/>ras,</hi>
A wise man will neither revile his neighbour, nor sue him that does.
For Good men (said <hi>Metellus Numidicus</hi>) will sooner take an injury then
return one: and if we read the Sermon of <hi>Maximus Tyrius</hi> 
                           <gap reason="foreign">
                              <desc>〈 in non-Latin alphabet 〉</desc>
                           </gap>;<note place="margin">Serm. 2.</note>
                           <hi>whether it may be permitted to a good man to return
evil to the injurious?</hi> it will soon put us either to shame, or at least to
consider whether there be no command in our religion, of suffering inju<g ref="char:EOLhyphen"/>ries,
of patience, of longanimity, of forgiveness, of doing good for evil; and
whether there be not rewards great enough to make amends for all our
losses, and to reward all our charity; and whether the things of this world
cannot possibly be despised by a Christian; and whether peace and for<g ref="char:EOLhyphen"/>givenesse
doe not make us more like to God and to the Holy Jesus. Cer<g ref="char:EOLhyphen"/>tainly
if a Christian be reproach'd, rail'd at, spoil'd, beaten, mutilated, or
in danger of death, if he bears it patiently and charitably, he may better
say it then <hi>Achilles</hi> did in <hi>Homer,</hi>
                           <q>—<gap reason="foreign">
                                 <desc>〈 in non-Latin alphabet 〉</desc>
                              </gap>,</q>
                           <pb n="116" facs="tcp:58903:369"/>
                           <hi>I hope for this charity to be rewarded by God himself.</hi> If a man have relations,
and necessities, and obligations by other collateral duties, <hi>he must</hi> in some
cases, and in many more <hi>he may</hi> defend his goods by the protection of laws,
and his life and limbs; but in no case may he go to law to vex his Neigh<g ref="char:EOLhyphen"/>bour:
and because all law-suits are vexatious, he may not go to law, un<g ref="char:EOLhyphen"/>less
to drive away an injury that is intolerable, and that is much greater
then that which is brought upon the other.</p>
                        <p>5. When a Christian does appeal to Christian Judges for caution,<note place="margin">19.</note> or
for repetition of his right, he must doe it without arts of vexation, but
with the least trouble he can; being unwilling his Neighbour should suffer
any evil for what he hath done. <hi>Omnia priùs tentanda quam bello experiun<g ref="char:EOLhyphen"/>dum.</hi>
He must trie all waies before he go to this; and when he is in this, he
must doe it with as little collateral trouble to his adversary at law as he
can. To this belongs that of <hi>Ulpian, Non improbat praetor factum ejus qui
tanti habuit re carere, ne propter eam saepiùs litigaret. Haec enim verecunda
cogitatio ejus qui lites exsecratur non est vituperanda.</hi> A man must be mo<g ref="char:EOLhyphen"/>dest
and charitable in his necessary suits at law; not too ready, not too
greedy, not passionate, not revengeful: seeking to repair himself when he
must needs, but not delighting in the breaches made upon his Neighbour.</p>
                        <p>In order to this,<note place="margin">20.</note> it would prevent many evils, and determine many Cases
of Conscience, or make them easie and few, if evil and rapacious Advo<g ref="char:EOLhyphen"/>cates
that make a trade, not to minister to justice, but to heap up riches
for themselves, were not permitted in Common-wealths to plead in behalf
of vitious persons and manifest oppressors, and in causes notoriously un<g ref="char:EOLhyphen"/>just.
<hi>Galeatius Sforza</hi> Duke of <hi>Millain</hi> being told of a witty Lawyer that
was of evil imployment, a patron of any thing for money, imploying his
wit to very evil purposes, sent for him, and told him that he owed his
Painter a hundred Crowns, and was not willing to pay him; and therefore
asked him if he would defend his cause in case the Painter should require
his money at law. The Advocate promised him largely, and would war<g ref="char:EOLhyphen"/>rant
his cause; which when the Duke heard from his own mouth, he cau<g ref="char:EOLhyphen"/>sed
him to be hang'd. The action was severe, but strangely exemplary. I
have nothing to doe with it, because I am not writing Politics, but Cases
and Rules of Conscience: but I have mention'd it as a great reproof of all
that which makes Causes &amp; Suits of Law to be numerous; which is a great
sign of corruption of manners, if not of laws, in any place; but amongst
Christians it is a very great state of evil. And therefore <hi>Charles</hi> the ninth
of <hi>France</hi> made an edict that whosoever began a suit at law should pay into
the Finances two Crowns; which if his cause were just he should lose, if it
were unjust the law would sufficiently punish him besides: but even upon
a just cause to go to law, is not the commendation of Christian justice,
much lesse of charity, <gap reason="foreign">
                              <desc>〈 in non-Latin alphabet 〉</desc>
                           </gap>,
<hi>Then charity is best preser<g ref="char:EOLhyphen"/>ved
amongst Citizens, not when there are most decisions, of causes, but when
the suits are fewest.</hi>
                        </p>
                     </div>
                  </div>
                  <div n="7" type="rule">
                     <pb n="117" facs="tcp:58903:369"/>
                     <head>RULE VII. It is not lawfull to punish one for the offence of a<g ref="char:EOLhyphen"/>nother;
meerly, and wholly.</head>
                     <p>
                        <hi>QUod tute intristi, tibi comedendum est,</hi>
                        <note place="margin">1.</note> said the Comedy, As you
knead, so you must eat; and he that eats sowre grapes, his teeth only
shall be set on edge. This is the voice of Nature, of God, of rightrea<g ref="char:EOLhyphen"/>son,
and all the laws, and all the sentences of all the wise men in the world;
and needs no farther argument to prove it. But there are in it some ca<g ref="char:EOLhyphen"/>ses
which need explication. 1. Concerning persons conjunct by Con<g ref="char:EOLhyphen"/>tract;
2. In persons conjunct by Nature; 3. In them which are conjunct
by the society of Crime. For in all these one in punished for the fault of
another; but how far this can be just and lawfull, are usefull inquiries in
order to the conduct of Conscience.</p>
                     <p>1. The first inquiry is concerning persons conjunct in Contract;<note place="margin">2.</note>
such as are Pledges in War, Sureties for Debt, Undertakers for appearance,
and the like. Concerning Pledges in War, it hath been sometimes pra<g ref="char:EOLhyphen"/>ctised
in warlike Nations, to put them to death when their parties have
broke their promise. The <hi>Thessalians</hi> kill'd 250, the <hi>Romans</hi> 300 of
the <hi>Volsci;</hi> and this they might doe by the law of Nations: that is, with<g ref="char:EOLhyphen"/>out
infamy and reproach, or any supposed injustice: they did practise it on
either side. But the thing it self is not lawfull by the law of God and
Nature, unless the Pledges be equally guilty of the Crime. When <hi>Re<g ref="char:EOLhyphen"/>gulus</hi>
was sent to <hi>Rome</hi> to get an exchange of prisoners, and himself upon
his promise was engaged to release them, or to return himself; when he
perswaded the Romans not to release the <hi>African</hi> prisoners, the <hi>Cartha<g ref="char:EOLhyphen"/>ginians</hi>
had reason to account him guilty as his Country. But when the
Pledges are not, it is against the law of Nature to put to death the inno<g ref="char:EOLhyphen"/>cent.
For either the Pledges are violently sent in caution against their
wills, or with them. If against, then the wrong is apparent, and the in<g ref="char:EOLhyphen"/>justice
notorious. If with their will, it is to be considered, it is beyond
their power; for, <hi>nemo membrorum suorum Dominus videtur,</hi> saith the law,
l. <hi>liber</hi> ff. <hi>ad legem Aquiliam:</hi> and therefore it is that in Criminal causes,
where Corporal punishment is inflicted, no man is permitted to be Surety
for another, but in Civil causes he may; because no Surety may lawful<g ref="char:EOLhyphen"/>ly
be put to death for the Principal, as is noted by the Gloss in <hi>cap. Cum
homo</hi> 23. q. 5. The reason is plain; He that is Surety for another can engage
nothing of which he is not the Lord, and over which he hath no power;
and therefore he cannot lay his body, his life, or limb, at stake. No man
hath power to engage his soul for the soul of another, that is, so as to pay
his soul in case of forfeiture to acquit another; for it is not his, it is ano<g ref="char:EOLhyphen"/>thers;
it is his who hath purchased it and is Lord over it, that is Christ:
and so is our body redeemed by the blood of Christ,<note place="margin">1 Cor. 6. 20.</note> 
                        <hi>For ye are bought with
a price, therefore glorifie God in your body and in your spirit, which are God's,</hi>
saith the Apostle. Now this is so to be understood, not that one man may
not feel the calamity which the sin of another can bring upon him; but
that the law cannot inflict Corporal punishment upon any relative, so as the
<pb n="118" facs="tcp:58903:370"/>
Criminall shall escape, and the law be satisfied, as if the offending person
had suffered. If a Father be a Traytor, the law may justly put him to death
though the wife will die with sorrow. But the law cannot put the wife to
death, or the son, and let the husband goe free. One relative may acci<g ref="char:EOLhyphen"/>dentally
come into the society of anothers punishment, not only if they be
partners of the Crime, but though one be innocent; but one cannot pay it
for the other and acquit him. This I say is to be understood in Corporal
punishments.</p>
                     <p>But in Pecuniary punishments the Case is otherwise.<note place="margin">3.</note> For a man is
Lord of his money, and may give it away, and therefore may oblige it;
and he that is Surety for anothers debt, gives or lends it to him that is prin<g ref="char:EOLhyphen"/>cipally
obliged; and therefore it is just to take it, and the Surety hath
power to doe it. But by the way it is observable, that the Surety can only
oblige his money, or himself to the payment of his money: but when the
Creditors had power to torment the insolvent Debtors, no man could
give himself a Surety directly for that torment; but by making himself
a Debtor, he did by consequence make himself Criminal if he did not
pay, and so might with as much justice be tormented as the principal
Debtor.</p>
                     <p>But the whole business is unreasonable as to this instance,<note place="margin">4.</note> and there<g ref="char:EOLhyphen"/>fore
the inquiry is soon at an end, and the case of conscience wholly diffe<g ref="char:EOLhyphen"/>rent;
for in this particular it is not only unlawfull to punish the Surety
with Corporal punishment, but even the Principal that is insolvent is to be
let alone. If he fell into poverty by his prodigality, the law may punish
that as she please; or if he intends to defraud the Creditor, he may be pu<g ref="char:EOLhyphen"/>nished,
or constrained to pay: but if he fall into poverty <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>,
as <hi>Justinian</hi>'s expression is, <hi>by unavoidable accident,
not by impious courses,</hi> it is against justice and charity to put him to trouble.</p>
                     <p>Concerning which,<note place="margin">5.</note> though it be not pertinent to this rule, but here on<g ref="char:EOLhyphen"/>ly
very well occasioned, I shall give this short account, that at once I may be
wholy quit of this particular. * In the laws of the XII Tables it was
permitted to Creditors to imprison, to torment, to put their insolvent
Debtors to death; and if they were many of them they might cut the
body in pieces, and every man goe away with his share. <hi>Nihil profecto im<g ref="char:EOLhyphen"/>mitius,
nihil immanius,</hi>
                        <note place="margin">Lib. 20. cap. 1.</note> saies <hi>A. Gellius, nisi, ut reipsâ apparet, eo consilio
tanta immanitas poenae denuntiata est, ne ad eam unquam perveniretur.</hi> It
was an intolerable and cruel justice, and only therefore published in so
great a terror, that it might never be put in execution: and indeed, as he
observes, it was never practised.</p>
                     <p>But <hi>addici nunc &amp; vinciri multos videmus,</hi>
                        <note place="margin">6.</note> saith he; that was the
next Cruelty: The Debtors were sold and all their goods; even Kings,
subject to the Roman Empire, were with their Crowns and Purple, their
Scepter and Royal Ensignes, published by the Crier, and made slaves to
pay their debts. The King of <hi>Cyprus</hi> was so used, as <hi>Cicero</hi> in his oration
<hi>pro Sextio</hi> sadly complains. The dividing the body of the Debtor was
chang'd into the dividing of his goods; but this also was hatefull and com<g ref="char:EOLhyphen"/>plained
of by wise and good men. <hi>Si funus id habendum sit quò non amici
conveniant ad exequias cohonestandas, sed bonorum emptores ut Carnifices
<pb n="119" facs="tcp:58903:370"/>
ad reliquias vitae lacerandas ac distrahendas,</hi>
                        <note place="margin">Oratione pro Quintio, apud Livium, l. 6.</note> said <hi>Cicero:</hi> and <hi>Manlius</hi> most
worthily, seeing a Roman led to prison like a slave for debt, cried out,
<hi>Tum verò ego nequicquam hâc dextrâ Capitolium arcémque servaverim, si
civem commilitonémque meum tanquam Gallis victoribus captum in servi<g ref="char:EOLhyphen"/>tutem
ac vincula duci videam. To what purpose did I save the Capitol, if
a citizen and my fellow-souldier shall for debt be made a slave as if he were
taken prisoner by the Gaules?</hi> and therefore he paid the debt and dismiss'd
the prisoner.</p>
                     <p>But because this was cruel and inhumane,<note place="margin">7.</note> when <hi>Paetilius</hi> and <hi>Papirius</hi>
were Consuls, a law was made that all the goods and possessions of the
Debtors should be obnoxious to the Creditors, but not his body; but yet
so that the Debtors did work for their Creditors, but not in chains: and
this lasted till the <hi>lex Julia</hi> decreed (in <hi>Augustus</hi> his time) that the insol<g ref="char:EOLhyphen"/>vent
Debtors might quit all their goods, but neither suffer chains, nor sla<g ref="char:EOLhyphen"/>very,
nor doe labour for their Creditors: but the benefit of this law ex<g ref="char:EOLhyphen"/>tended
not to prodigal and vain persons,<note place="margin">L. 1. C Theod.</note> but to those only <hi>qui vi majore
aliquâ fortunis evertebantur,</hi> (that was their word) <hi>who were undone by any
great violence,</hi> by shipwrack, or fire, or any accident unavoidable. For
as for others, they were delivered to the Capital Triumvirat and punished
<hi>ad Columnam Meniam,</hi> that is, whipped extremely; and this continued un<g ref="char:EOLhyphen"/>til
the time of <hi>Gratian</hi> the Emperor,<note place="margin">Vide Raevar<g ref="char:EOLhyphen"/>dum ad Ll. 12. Tabul. c. 8.</note> who decreed that such Debtors who
were not <hi>eversi per vim majorem,</hi> should not receive any benefit by quit<g ref="char:EOLhyphen"/>ting
all their goods; but if they were less then their debt,<note place="margin">Lib. 1. Cod. Theod. qui bon. ex leg. Jul. ced. &amp; l. si vi<g ref="char:EOLhyphen"/>ctum. ff. de re judic.</note> 
                        <hi>ad redditionem
debitae quantitatis congruâ atque dignissimâ suppliciorum acerbitate cogantur,</hi>
they should be compelled by torment to pay a due proportion: and in this
there might be severity; but it had in it very much of Justice. But for the
other part of it, of the intire cession of goods, and that the insolvent mi<g ref="char:EOLhyphen"/>serable
Debtor should be exposed to starving, this had neither charity in it
nor justice; and therefore after much complaining, and attempts of ease, it
was wholly taken away by the Emperors, <hi>Constantine, Gratian,</hi> and <hi>Justi<g ref="char:EOLhyphen"/>nian,</hi>
Novel. 135.<note place="margin">l. 2. C. de exact. tribut. l. 10.</note> 
                        <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>.
<hi>It is infinitely unjust that he who is fallen into poverty without his
fault should be constrained to live a shamefull life, without his daily bread, and
the necessary provisions for his back:</hi> and then it was ordered that if the
Debtor did <hi>ejurare bonam copiam,</hi> that is, <hi>swear that he had not goods suf<g ref="char:EOLhyphen"/>ficient
to pay the debt,</hi> he should be free.</p>
                     <p>This was made into a law long before the time of <hi>Gratian;</hi>
                        <note place="margin">8.</note> when
<hi>Sylla</hi> was <hi>Dictator, Popilius</hi> demanded it, and it was decreed. But Tyrants
usually make good laws, and after they are dead are so hated, that even
their good laws are sometimes the less regarded: and so it happened in
this particular;<note place="margin">In Rullum.</note> in so much that <hi>Cicero</hi> spake against <hi>L. Flaccus</hi> for desi<g ref="char:EOLhyphen"/>ring
to have <hi>Sylla</hi>'s laws confirmed. But it soon expired through the
power of the rich usurers,<note place="margin">In Catilin.</note> as we finde by the complaint of <hi>C. Manlius</hi> in
<hi>Salust;</hi> and even so long as the <hi>lex Popilia</hi> did prevail, yet they had ar<gap reason="illegible" resp="#TECH" extent="1 letter">
                           <desc>•</desc>
                        </gap>s to
elude it: for though they could not bind the Debtors in publick prisons,
yet they would detain them in their own houses; and though it was a great
and an illegal violence, yet the poore mans case is last of all heard, and
commonly the Advocates and Judges have something else to doe.</p>
                     <p>
                        <pb n="120" facs="tcp:58903:371"/>
This is a perfect narrative of this affair;<note place="margin">9.</note> in all which it is apparent
that wise and good men did infinitely condemn the cruel and unjust usage
of insolvent Debtors who were <hi>per vim majorem eversi,</hi> not poor by vice,
but misfortune and the Divine providence. The violence and the injury
is against natural justice and humanity, or that natural pity which God
hath plac'd in the bowels of mankinde; as appears by the endeavours of
the wiser <hi>Romans</hi> to correct the cruelty of Creditors. But the Debtors,
though by degrees eased, yet were not righted till Christianity made the
laws, and saw justice and mercy done. S. <hi>Ambrose</hi> complain'd most bit<g ref="char:EOLhyphen"/>terly
of the Creditors in his time;<note place="margin">Lib. de Nabu<g ref="char:EOLhyphen"/>the, cap. 5.</note> 
                        <hi>Vidi ego pauperem duci dum cogeretur
solvere quod non habebat; trahi ad carcerem quia vinum deesset ad mensam
potentis; deducere in auctionem filios suos ut ad tempus poenam differre pos<g ref="char:EOLhyphen"/>sit:
inventum fortè aliquem qui in illa necessitate subveniret,</hi> &amp;c. <hi>I have
seen a poor man compell'd to pay what he had not to pay; and drag'd to prison
because his creditor had not wine enough to drink; and to deferre his punish<g ref="char:EOLhyphen"/>ment
a while,</hi>
                        <note place="margin">Offic. lib. 1.</note> 
                        <hi>forc'd to sell his sons at an outcry. Grandis culpa est,</hi> (saith he)
<hi>si te sciente fidelis egeat, si scias eum sine sumptu esse, fame laborare, &amp; non
adjuves; si sit in carcere, &amp; poenis &amp; suppliciis propter debitum aliquod
justus excrucietur. It is a great fault, if when you know it, you suffer a
faithfull man to want meat and provisions; if a just or good man be in prison,
and in chains or torments for debt.</hi> Now if persons not interested in the
debt might not suffer such a thing to be and abide, much less might any
Christian doe such a thing. If every man that could, was bound to take
off the evil; it is certain it was infinitely unlawfull to inflict or to lay it on:
and therefore the remains of this barbarity and inhumanity amongst us
does so little argue Christianity to be amongst us, that it plainly proves
that our Religion hath not prevailed so far upon us as to take off our in<g ref="char:EOLhyphen"/>humanity.</p>
                     <p>Of the same nature is that barbarous custome of arresting dead bo<g ref="char:EOLhyphen"/>dies,<note place="margin">10.</note>
and denying them the natural rights of burial till a debt be paid.
<hi>Ascelinus Fitz-Arthur</hi> arrested the body of <hi>William</hi> Duke of <hi>Normandy,</hi>
Conqueror of <hi>England,</hi>
                        <note place="margin">Lib. de Tobia cap. 10.</note> upon something a like account. But S. <hi>Ambrose</hi>
blames such unnatural cruelty, and derides the folly of it; <hi>Quoties vidi à
foeneratoribus teneri defunctos pro pignore, &amp; negari tumulum dum foenus ex<g ref="char:EOLhyphen"/>poscitur?
Quibus ego acquiescens dixi, Tenete reum vestrum, &amp; ne possit
elabi, domum ducite; claudite in cubiculo isto carnificibus duriores: quo<g ref="char:EOLhyphen"/>niam
quem vos tenetis, carcer non suscipit, exactor absolvit; To them who
seiz'd on dead bodies for their debt, I call'd out, Hold fast your Debtor, carry
him home lest he run away, O ye that are more cruel then Hang-men.</hi> But of
this sufficient: for whatsoever is against the law of Nature, to have nam'd
it is to have reprov'd it. Onely there is one case in which if dead bodies
be arrested for debt, I cannot so much complain of it; and that is in the
Customes of <hi>France,</hi> where they never imprison any alive for a Debt, un<g ref="char:EOLhyphen"/>less
he be expresly condemn'd to it by the sentence of the Judge, or con<g ref="char:EOLhyphen"/>tracted
upon those terms with the Creditor: but when the man is dead
they lay their claim, because they cannot hurt the man. This I finde in
<hi>Gaspar Beatius,</hi> who cites these Verses for it out of <hi>Johannes Girardus,</hi> no
ill Poet, but a good Lawyer.
<q>
                           <l>Heus principes, duodecim</l>
                           <l>Tabulae inopem crudeliter</l>
                           <l>Quae debitorem dissecant,</l>
                           <l>
                              <pb n="121" facs="tcp:58903:371"/>
Aut jura, mores publici,</l>
                           <l>Quae carceribus illum miserè</l>
                           <l>Et opprimunt &amp; enecant,</l>
                           <l>Nimis mihi, nimis displicent;</l>
                           <l>Qui Gallum habuit mos bonus</l>
                           <l>Idem &amp; verus probabitur</l>
                           <l>Nimis mihi cuique &amp; bono,</l>
                           <l>Quo Creditores debita</l>
                           <l>Petant sibi post funera.</l>
                        </q>
But I suppose he might speak this in jest, to represent the lenity of French<g ref="char:EOLhyphen"/>men
in not casting their Debtors into prison. But if a Debtor should, as
<hi>Argiropilus,</hi> jesting at his death, make his rich friends the heirs of all his
debts, it would spoil the jest.</p>
                     <p>Now I return to the other inquiries of the Rule.</p>
                     <p>The second inquiry is concerning persons conjunct by nature;<note place="margin">11.</note> whe<g ref="char:EOLhyphen"/>ther
(for example sake) Sons or Nephews can be punish'd for the faults
and offences of their Fathers and Grand-fathers. Concerning this, I find
<hi>Paulus</hi> the Lawyer and <hi>Baldus</hi> speaking exact Antinomies. For <hi>Baldus in
l. id quod pauperibus, qu. 9. C. de Episcopis &amp; Clericis,</hi> affirms, <hi>Haeredem te<g ref="char:EOLhyphen"/>neri
ad poenam ad quam defunctus fuerat condemnatus, The heir of his father
inherits his father's punishment:</hi> but <hi>Paulus in l. si poena, ff. de poenis,</hi> sayes
expresly, <hi>Haeredem non teneri ad poenam defuncti, The heir is not bound to
suffer the punishment of the dead.</hi> * But they are both in the right: for
the Heir is not tied to suffer the corporal punishment to which his Father
was condemn'd, because his Father had no dominion over his Son's body
or his own; but over his goods he hath, and therefore can transmit these
with their proper burthen: and therefore the Heir is liable to pay the Fine
to which his Father was sentenc'd, and to pay his Father's debts, and is
liable to the same compulsion, with this onely caution, that if the Father
be under torment or imprisonment for insolvency, the Son be no way ob<g ref="char:EOLhyphen"/>lig'd
to that; because whether the insolvency of the Father be by his fault
or his misfortune, still the Son is not oblig'd: for as he is not bound by his
Father's personal fault to suffer personal punishment, so neither for his mis<g ref="char:EOLhyphen"/>fortune
can he be oblig'd beyond the suffering of a descending poverty.
If his Father was insolvent by his Crime, the punishment was to go no fur<g ref="char:EOLhyphen"/>ther
then the fault, and therefore no torment was intail'd: but if he were
insolvent by misfortune, neither the Father nor the Son for that could de<g ref="char:EOLhyphen"/>serve
any further evil; and if the Father transmitted no goods, no advan<g ref="char:EOLhyphen"/>tage
to the Son, there is no reason he should transmit a burthen: <hi>Nemo
fiat deterior per quem melior factus non est,</hi> sayes the Law. And therefore
S. <hi>Ambrose</hi> complain'd of a sad sight he saw;<note place="margin">Lib. de Tobia cap. 8.</note> 
                        <hi>Vidi ego miserabile spectacu<g ref="char:EOLhyphen"/>lum,
Liberos pro Paterno debito in auctionem deduci, &amp; teneri calamitatis hae<g ref="char:EOLhyphen"/>redes,
qui non essent participes successionis, &amp; hoc tam immane flagitium non
erubescere Creditorem, I have seen Sons sold Slaves for their Fathers debt,
from whom they were never like to receive an Inheritance;</hi> and which is yet
more strange, <hi>the Creditors were not asham'd of the impious Cruelty.</hi> But
this is a rul'd case both in Divinity and Law. <hi>Nunquam unus pro alio potest
poena corporis puniri,</hi>
                        <note place="margin">3. p. q. 41. in 4. a. 4. Corol. lar. 3.</note> said <hi>Alexander</hi> of <hi>Hales,</hi> and <hi>Thomas Aquinas, No man
can suffer corporal punishment in the place of another:</hi> the same with that in
the law, <hi>l. Crimen ff. de poenis.</hi>
                        <note place="margin">in 2. 22. q. 108. a. 4. ad. 2.</note> And therefore of all things in the world,
conjunction of Nature, which should be a means of endearment, and the
most profitable communications, ought not to be an instrument of the
<pb n="122" facs="tcp:58903:372"/>
communication of evil. <hi>Unius factum alteri qui nihil fecit non nocet, l. de
pupillo,</hi> 5. § <hi>si plurium. ff. Nov. op. nunt.</hi> And again, <hi>Peccata suos teneant
autores, nec ulterius progrediatur metus, quam reperiutur delictum, l. Sanci<g ref="char:EOLhyphen"/>mus,</hi>
22. <hi>C. de poenis.</hi> But it is expresly instanc'd in this matter of successi<g ref="char:EOLhyphen"/>on,
<hi>Unusquisque ex suo admisso poenae subjiciatur, nec alieni criminis successor
teneatur,</hi> The Son may succeed in his Father's burthens and misfortunes,
but not in his crimes or corporal punishments. <hi>l. crimen, ff. eod.</hi>
                     </p>
                     <p>And this is the measure of the third inquiry.<note place="margin">12.</note> For they who are con<g ref="char:EOLhyphen"/>junct
in crime, are equally obnoxious to punishment; and therefore if one
be punish'd for the fault of another, it is just to him that is punish'd, and
mercy to them that are spar'd. For when all are criminal, all are liable to
punishment,<note place="margin">Livius l. 38.</note> and sometimes all doe suffer. So did the Campanian Legion
that rebell'd at <hi>Rhegium,</hi> and possess'd the Town for ten years; they suf<g ref="char:EOLhyphen"/>fer'd
every man,<note place="margin">Sueton. in Ju<g ref="char:EOLhyphen"/>lio, c. 69. in August. c. 24.</note> four thousand heads paid for it. So did the ninth Legion
under <hi>Julius,</hi> and the tenth Legion under <hi>Augustus,</hi> every man was pu<g ref="char:EOLhyphen"/>nish'd.
For the rule of the law is, <hi>Quod à pluribus pro indiviso commis<g ref="char:EOLhyphen"/>sum
est, singulos in solidum obligat, l. semper, §</hi> 2. <hi>ff. Quod vi aut cl. &amp; l. item
Mela, §</hi> 2. <hi>ff. ad legem Aquiliam.</hi> When every man consents to the whole
crime, every man is wholly criminal. If ten thieves carry away a load of
iron, every man is tied to the punishment of the whole. * But sometimes
onely the Principals are punish'd.<note place="margin">Livius l. 36.</note> Thus at <hi>Capua</hi> seventy Princes of the
Senate were put to death for rebelling against the Romans, and three hun<g ref="char:EOLhyphen"/>dred
of the Nobility were imprison'd, and two hundred twenty five of
the <hi>Sorani.</hi> And this way is often taken by Princes, and wise Generals,
and Republicks,<note place="margin">Lib. 45.</note> 
                        <hi>ut unde culpa orta esset ibi poena confisteret.</hi> And <hi>C. Decimus</hi>
was heard with great applause, when in the case of the Rhodians he af<g ref="char:EOLhyphen"/>firm'd,
that the fault was not in the People, but in their Principals and In<g ref="char:EOLhyphen"/>cendiaries;
meaning, it was not so in the People as in their Leaders. And
in Tumults it often happens as it did at <hi>Ephesus,</hi> when S. <hi>Paul</hi> had almost
been torn in pieces with the People: the greater part knew not why they
were come together, but all were in the Tumult; and in such cases it is
justice that one be punish'd for many, a few for all: and therefore S. <hi>Am<g ref="char:EOLhyphen"/>brose</hi>
did highly reprove <hi>Theodosius</hi> the Emperour for killing 7000 of the
Thessalonians for a tumultuary rescuing a Criminal from the hand of the
Magistrate, and killing the Governour and some great Officers in the se<g ref="char:EOLhyphen"/>dition.
* Sometimes the Criminals were decimated by lot, as appears in
<note n="a" place="margin">Lib. hist. 6.</note> 
                        <hi>Polybius,</hi>
                        <note n="b" place="margin">Lib. 14, &amp; 17.</note> 
                        <hi>Tacitus,</hi>
                        <note n="c" place="margin">In Crasso.</note> 
                        <hi>Plutarch,</hi>
                        <note n="d" place="margin">Civil. 2.</note> 
                        <hi>Appian,</hi>
                        <note n="e" place="margin">Lib. 48.</note> 
                        <hi>Dio,</hi>
                        <note n="f" place="margin">In Opilio Macrone.</note> 
                        <hi>Julius Capitolinus,</hi> who
also mentions a centesimation. And the reason of this equity <hi>Cicero</hi> well
discourses in his Oration <hi>pro Cluentio, ut metus, viz. ad omnes, poena ad pau<g ref="char:EOLhyphen"/>cos
perveniret, That some may be punish'd, and all may be made to fear: for
the Souldiers being made to fear the bigger fear of their Generals, would ne<g ref="char:EOLhyphen"/>ver
fear the less fear of the Enemy,</hi> who does not strike so surely as the Exe<g ref="char:EOLhyphen"/>cutioner;
and therefore they might afterwards become good Men and
good Citizens. But because in publick offences the cases may be different,
they are by this measure reduc'd to reason.</p>
                     <p>If the tumult or war be by the command of Magistrates,<note place="margin">13.</note> the People
are to be affrighted, or admonish'd, but the Commanders onely are to be
punish'd. <hi>Ne alieni admissi poenam luant quos nulla contingit culpa, l.
ult. ff. de bon. Damnat.</hi> For the People are soon commanded by him
that stands next above them. And therefore since to obey is like a duty,
<pb n="123" facs="tcp:58903:372"/>
it is not easily to be reckon'd to a real crime, and the greatest punish<g ref="char:EOLhyphen"/>ment.</p>
                     <p>But if the fault be done by the People without authority or excuse,<note place="margin">14.</note>
but just as fire burns a house by chance, or water breaks a dam by its meer
weight, then it is to be considered whether the Criminals be many or few:
if few, they may all be punished without breach of equity, upon the ac<g ref="char:EOLhyphen"/>count
of the rule of the law, <hi>Quae poena delictis imposita est, si plures deli<g ref="char:EOLhyphen"/>querint,
à singulis in solidum debetur, l. item Mela, ff. ad leg. Aquil.</hi> But if
many were in the crime, then the rule of equity and the gentleness of the
law is to take place, <hi>ut poenae interpretatione potius molliantur, quam exa<g ref="char:EOLhyphen"/>sperentur,
leg. poen. ff. de poenis,</hi> a few should be punish'd for all the rest, <hi>ut
supersint quos peccasse poeniteat.</hi> For it is of great avail for the publick in<g ref="char:EOLhyphen"/>terest,
that as some be cut off, so some should remain alive, that they may
repent. And in this sense is that of <hi>Lucan,</hi>
                        <q>—quicquid multis peccatur inultum est.</q>
Besides that it is evil to the Commonwealth to lose so many Subjects, it
is also sometimes dangerous;
<q>
                           <l>—sed illos</l>
                           <l>Defendit numerus junctaeque umbone phalanges.</l>
                        </q>
The determination of these two particulars I learn from <hi>Cicero</hi> in his Ora<g ref="char:EOLhyphen"/>tion
<hi>pro Flacco, Vobis autem est confitendum, si consiliis Principum vestrae ci<g ref="char:EOLhyphen"/>vitates
reguntur, non multitudinis temeritate, optimatum consilio bellum ab
istis civitatibus cum populo Romano esse susceptum.</hi> If the Nobles govern
your Cities, then the Nobles made the war, and the People are innocent.
<hi>Sin ille tum motus est temeritate imperitorum excitatus, patimini me delicta
vulgi à publica causa separare,</hi> But if the Rabble did the fault, the City is
not to be punish'd; it is not a publick offence. <hi>Multitudo peccavit, sed
non Universitas.</hi> For a Rabble does not make a City, a People, or a Re<g ref="char:EOLhyphen"/>publick:
for to make this, it must be <hi>coetus qui jure aliquo continetur, l.
metum. § animadvertendum. ff. quod met. caus.</hi> a multitude under govern<g ref="char:EOLhyphen"/>ment,
and a legal head.</p>
                     <p>But if both the Magistrates and the People be in the offence,<note place="margin">15.</note> 
                        <hi>culpa
est penes paucos concitores vulgi,</hi> said <hi>C. Decimus;</hi> it is better that the
Ring-leaders and the Boutefeus should lye at stake, and feel the severity,
while the other are instructed and preserved by the gentleness of laws and
Princes.</p>
                     <p>There are some other questions and cases of Conscience concerning penal
laws; but they can with more propriety be handled under other titles,
and therefore I shall refer them to their several places. But for the like<g ref="char:EOLhyphen"/>ness
of the matter I have here subjoyned some Rules concerning the
measures and obligations of Conscience in the matter and laws of
Tribute.</p>
                  </div>
                  <div n="8" type="rule">
                     <pb n="124" facs="tcp:58903:373"/>
                     <head>Of Laws of Tribute.
RULE VIII. The laws of Tribute are moral laws, and not penal,
except it be by accident; and therefore doe ob<g ref="char:EOLhyphen"/>lige
the Conscience to an active obedience.</head>
                     <p>HIm to whom we pay tribute,<note place="margin">1.</note> we owe obedience to. It is S. <hi>Pauls</hi> argu<g ref="char:EOLhyphen"/>ment
to prove that we ought to obey the powers that are set over us,
because to them we pay tribute;<note place="margin">Rom. 13.</note> which tribute is not introduc'd by Ty<g ref="char:EOLhyphen"/>ranny,
but is part of that Oeconomy by which God governs the world, by
his Deputies and lieutenants, the Kings and Princes of the earth. <hi>Nec qui<g ref="char:EOLhyphen"/>es
gentium sine armis, nec arma sine stipendiis, nec stipendia sine tributis
haberi possunt,</hi> said <hi>Tacitus.</hi> No peace without laws; no laws without
a coercitive power; no power without guards and souldiers;<note n="*" place="margin">Ad hoc tri<g ref="char:EOLhyphen"/>buta praestamus, ut propter ne<g ref="char:EOLhyphen"/>cessaria militi stipe<g ref="char:cmbAbbrStroke">̄</g>dium prae<g ref="char:EOLhyphen"/>beatur. <hi>S. Aug. lib.</hi> 22. <hi>c.</hi> 74. <hi>c. Faust. Ma<g ref="char:EOLhyphen"/>nich.</hi>
                        </note> no guards
without pay: and that the souldiery may be paid, and the laws reverenc'd,
and the power fear'd, and every mans right be secur'd, it is necessary that
there be tribute. <hi>Ut sit ornamentum pacis, subsidium belli &amp; nervus reip.
tributum est pecunia populo imperata quae tributim à singulis proportione cen<g ref="char:EOLhyphen"/>sûs
exigebatur,</hi> said <hi>Varro.</hi> But besides this, the very paying tribute is the
sign and publication of our subjection. It is a giving him that which is his
own:<note place="margin">Cicero prolege Manilia.</note> for he that coyns the money, hath the power of the law, and this
from the custome of the world for many ages. The <hi>Persians</hi> first imprinted
the figure of their Prince upon their money, after them the <hi>Greeks:</hi> hence
were those names of coin, the <hi>Darics,</hi> and <hi>Philippics;</hi> for the money having
the impress and figure of the Prince, the name &amp; the value from the Prince,
is a seisure and solemn investiture in the government of that people:
and our Blessed Lord was pleased from hence to argue that therefore
they ought to pay tribute to <hi>Caesar;</hi> because what way soever he came
first to it, Christ does not there dispute, but he was over them,
and he protected them in peace, righted their causes, reliev'd their
oppressions, stamped their money, gave value to that, and protection
to them, and therefore they were bound to pay their tribute. It was <hi>res
Caesaris,</hi> as he was pleas'd to call it, <hi>the things of Caesar;</hi> it was due to him
for the publick ministery of justice: and this is also urged by S. <hi>Paul,
for they are Gods ministers, watching for this very thing,</hi> that is, for
your good; and therefore are to be maintained according to the dignity of
that ministration.</p>
                     <p>Now as we owe tribute to whom we owe obedience;<note place="margin">2.</note> so we owe obe<g ref="char:EOLhyphen"/>dience
to whom we owe tribute: that is, if he have authority to exact tri<g ref="char:EOLhyphen"/>bute,
we are bound in Conscience to pay it. It is a law as much obliging
the Conscience as any other. <hi>Numus</hi> or <hi>Nummus</hi> from <hi>Numa,</hi> say the
Roman Criticks; because King <hi>Numa</hi> first stamp'd money amongst them.
But I suppose it is from a Greek fountain, <hi>Numus</hi> and <hi>Numisma</hi> from
<gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>,<note place="margin">Lib. 5. Eth. cap. 8.</note> and that saies <hi>Aristotle</hi> is <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>, <hi>from the law:</hi> for he that
stamps money, gives the law; and amongst others, and for the defence of
<pb n="125" facs="tcp:58903:373"/>
all laws, this law of paying money to him by way of Tribute is obli<g ref="char:EOLhyphen"/>gatory.</p>
                     <p>And the case does not differ by what name soever it be impos'd;<note place="margin">3.</note>
                        <hi>vectigal, tributum, census,</hi> 
                        <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>, were the words amongst the Greeks
and Latines, and did signifie portions of money paid from lands, from
merchandise, for heads, <hi>excisum quid,</hi> something that is cut off from the
whole, for the preservation of the rest; that's excise money: but what<g ref="char:EOLhyphen"/>ever
the words be, S. <hi>Paul</hi> reckons them all to be <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>, <hi>due debt;</hi>
                        <note place="margin">Matth. 22. 21.</note> and
thefore <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap> saith our Blessed Lord, <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>, saith S. <hi>Paul, restore,</hi>
                        <note place="margin">Rom. 13. 7.</note>
or <hi>pay it;</hi> it is a debt due by the ordinance of God. It is all but <hi>tribute;</hi>
even the <hi>census</hi> or pole-money is tribute: so it is called by <hi>Ulpian, l.</hi> 3 <hi>ff.
de Censibus, tributum capitis,</hi> the tribute of the head. The same use of the
word I have observed out of <hi>Ammianus</hi> and <hi>Tertullian.</hi> This I the rather
note, that I might represent the obligation to be all one by the law of God,
though the imposition be odious and of ill name amongst the people, accor<g ref="char:EOLhyphen"/>ding
to that saying of <hi>Tertullian,</hi>
                        <note place="margin">In Apolog.</note> 
                        <hi>Si agri tributo onusti viliores, hominum
capita stipendio censa ignobiliora, Fields under contribution are cheaper, and
men under a tax are more ignoble. Angaria</hi> is another sort of tribute; an
imposition of work and upon the labours of the Subject. It is indeed the
worst and the most vexatious; but it is <hi>species tributi, a kind of tribute,</hi>
and due by the laws of religion, where it is due by the laws of the nation:
and therefore those persons are very regardless of their eternal interest,
who think it lawful prize whatever they can take from the Custome-house;
whereas the paying of tribute is an instance of that obedience which is due
to them that are set over us, <hi>not onely for wrath, but also for Conscience
sake,</hi> and S. <hi>Paul</hi> never uses the word <hi>Conscience,</hi> but when it is the con<g ref="char:EOLhyphen"/>cern
of a soul.<note place="margin">In 1. Reg. 14. 11. q. 1. c. 28.</note> It is S. <hi>Ambrose</hi> his observation, who also uses this argu<g ref="char:EOLhyphen"/>ment,
<hi>Magnum quidem est &amp; spiritale documentum, quo Christiani viri sub<g ref="char:EOLhyphen"/>limioribus
potestatibus docentur esse subjecti, ne quis constitutionem terreni
Regis putet esse solvendam. Si enim censum Dei filius solvit, quis tu tantus
es qui non putes esse solvendum? It is a great and a spiritual doctrine that
Christians be subject to the higher powers. For if Christ paid tribute, what
art thou, how great, how mighty, that thou thinkest thou art not oblig'd?</hi>
                     </p>
                  </div>
                  <div n="9" type="rule">
                     <head>RULE IX. The laws of Tribute have the same conditions,
causes, powers, and measures with other laws of
Government.</head>
                     <p>THis Rule requires that<note n="*" place="margin">
                           <p>Vectigalia sine Imperatorum praecepto, neque Praesidi, neque Curatori, neque Curia constituere, nec praecedentia reformare, &amp; his vel addere, vel diminuere licet, <hi>ff. de Publican. l. 10.</hi>
                           </p>
                           <p>Vectigalia nova nec decreto civitatum institui possunt, <hi>Sever. C. de vectigal. nov. instit. non post. l. 2. &amp; Gallien. l. seq. ait,</hi> Non solent nova vectigalia inconsultis principibus instituti.</p>
                           <p>Placet nullum omnino Judicem de caetero Provincialibus inferendum aliquid indicere, ut ea tdntum sedulo cunctorum studio pensitentur, quae Canonis instituti forma complectitur, vel nostra clementia decernit inferenda, vel delegatione solem<g ref="char:EOLhyphen"/>niter sanciente, vel epistolis praecedentibus, <hi>Constantin. l. 8. C. de excusat. mun. lib.</hi> 10.</p>
                        </note> the authority be supreme, that the cause be
just, that the end be publick, that the good be general, that the people
receive advantage. Which is to eb understood of tribute which is not
<pb n="126" facs="tcp:58903:374"/>
penal, nor compensatory. For sometimes Tributes are impos'd upon a
conquer'd people<note n="a" place="margin">Deuter. 20.</note> as fetters upon a fugitive, to load him that he run away
no more; or to make amends for the charges of a war. If they were in
fault, they must bear the punishment; if they did the evil, they must suffer
the evil; that at the charge of the conquer'd themselves also shall enjoy
peace. So <hi>Petilius</hi> said to the Gaules,<note n="b" place="margin">Tacit. hist. l. 4.</note> 
                        <hi>Nos, quanquam toties lacessiti, jure
victoriae id solùm vobis addidimus quo pacem tueremur,</hi> You have provok'd
us, and we have conquer'd you; and yet have onely impos'd the punish<g ref="char:EOLhyphen"/>ment
of so much tribute on you, that at your charge we will keep the
peace, So concerning the Greeks<note n="c" place="margin">Lib. 1. ad Quintum fratr. ep. 1.</note> 
                        <hi>Cicero</hi> affirms that they ought to pay
some part of their fruits that at their own expences they be restrain'd from
undoing themselves by Civil wars.</p>
                     <p>But then this is at the mercy and good will of the Conquerour;<note place="margin">2.</note> for the
tribute he imposes upon them as punishment, he is so the Lord of it, that
however he dispose of it, it must be truly paid. And the same is the case
of a tribute impos'd by way of fine upon a City or Society: the Supreme
power is not bound to dispense that in publick uses; and if he does not, yet
the Subject is not at liberty in his Conscience whether he will pay it or no.
For in this case it is not a law of <hi>manners</hi> but of <hi>Empire;</hi> and is a private
perquisite of the Prince, as the Prince himself can be a private person:
which because it cannot be in any full sense or acceptation of a law, but in
nature onely, so neither can the tribute be of so private emolument, but it
will at least indirectly doe advantage to the Publick.</p>
                     <p>In other tributes,<note place="margin">3.</note> such which are <hi>legall, publick,</hi> and <hi>universall,</hi> the tri<g ref="char:EOLhyphen"/>bute
must be proportion'd to the necessity and cause of it; it must be im<g ref="char:EOLhyphen"/>ployed
in that end to which it was impos'd and paid, (for that is a part of
<hi>commutative</hi> justice) it must be equally laid; that is, as far as it can be pru<g ref="char:EOLhyphen"/>dently
done, supposing the unavoidable errors in publick affairs in which
so many particulars are to be considered (for this is a part of <hi>distributive</hi>
justice:) and where there is a defailance in these, I mean a constant and no<g ref="char:EOLhyphen"/>torious,
there the Conscience is disoblig'd (as far as the excess and in<g ref="char:EOLhyphen"/>justice
reaches) just as it is from the obedience to other laws that are un<g ref="char:EOLhyphen"/>just;
of which I have given account, * in the third Rule of the first
Chapter of this Book. But this I say is true in such tributes as are of
publick and common use. For those which are for the expences and per<g ref="char:EOLhyphen"/>sonall
use of the Prince, if he spends them well or ill, the Subject is not con<g ref="char:EOLhyphen"/>cerned;
but onely that he pay it according to the law and custome. In
these the Supreme power is a Supreme Lord, in the other he is but a su<g ref="char:EOLhyphen"/>preme
Steward and Dispenser.</p>
                     <p>As the laws of tribute have their originall and their obligation,<note place="margin">4.</note> so they
have their dissolution as other laws have, with this onely difference, that
the laws of tribute, when the reason ceases, if they be continued by cu<g ref="char:EOLhyphen"/>stome,
are still obliging to the Subject,<note n="d" place="margin">Pra<gap reason="illegible" resp="#TECH" extent="1 letter">
                              <desc>•</desc>
                           </gap>crea cum pedagia, gui la<g ref="char:EOLhyphen"/>gia, salinaria tibi legatus in<g ref="char:EOLhyphen"/>terdixerit, au<g ref="char:EOLhyphen"/>thoritate Apo<g ref="char:EOLhyphen"/>stolica duximus declarandum, illa esse pedagia, salinaria, guidagia interdicta, quae non apparent Imperatorum, vel Regum, <gap reason="illegible" resp="#TECH" extent="1 letter">
                              <desc>•</desc>
                           </gap>el Later an<gap reason="illegible" resp="#TECH" extent="1 letter">
                              <desc>•</desc>
                           </gap>nsis Concilii largitione concessa, vel ex antiqua consuetudine à tempore cujus non extat memoria introducta. <hi>Innocent.</hi> 3. <hi>de verb. signif. c. super quibusdam,</hi> § 1.</note> it being reason enough that the
Supreme power hath an advantage by it, which cannot be so personall but
that it will, like the brightness of the Sun, reflect light and heat upon the
Subject.</p>
                     <p>
                        <pb n="127" facs="tcp:58903:374"/>
Lastly,<note place="margin">5.</note> in the levying and imposing tribute, by the voice of most men,
those things usually are excepted which are spent in our personall necessi<g ref="char:EOLhyphen"/>ties.
Whatsoever is for negotiation may pay, but not what is to be eaten
and drank. This tribute nevertheless is paid in <hi>Spain,</hi> for it is that which
they call, <hi>Alcavala;</hi> and in <hi>Portugal,</hi> where it is called <hi>Sisa.</hi> I suppose it
is the same with the <hi>Excise</hi> in <hi>England</hi> and the <hi>Low Countries;</hi> and yet is
much spoken against for these reasons, 1. Because it is too greàt an indi<g ref="char:EOLhyphen"/>cation
or likeness to slavery, and an uningenuous subjection to pay tribute
for our meat and drink and the necessaries of life; it is every day a com<g ref="char:EOLhyphen"/>pounding
for our life, as if we were condemn'd persons, and were to live at
a price, or die with hunger, unless by our money we buy our reprieve.
2. The other reason of the complaint made against this, is because by this
means the poor and he that hath the greatest charge of children, and he
that is the most hospitable to strangers and to the poor, shall pay the most,
who yet of all men ought most to be eased. And upon these or the like
reasons the Civil Law impos'd Gabels onely upon Merchandises for trade
and gain and pleasure.<note place="margin">L. Universi. C. de vectig. &amp; l. omnium. C. eod.</note> And of this opinion are generally all the Canonists
and most of the Civilians, and very many Divines: but when Scholars
come to dispute the interest of Princes and the measures of their gain or
necessities, they speak some things prettily, but to no great purpose. In
these and all other Cases of this nature, Kings and Princes will doe what
they please; and it is fit they should, let us talk what we will, alwaies provi<g ref="char:EOLhyphen"/>ded,
that they remember they are to answer to God for their whole Go<g ref="char:EOLhyphen"/>vernment,
and how they should be enabled to make this answer with joy,
they are to consult with the laws of God, and of the land, and with their
Subjects learned in them both: and that, above all men, Princes consider
not alwaies what they may doe, but what is good; and very often, what is
best. * This onely. Tribute upon meat and drink is not of it self unjust;
but it is commonly made so: for whether the tribute be paid onely by the
Merchant, as in <hi>Castile</hi> and <hi>England,</hi> or by the Merchant and him that
spends them for his need, and not for his gain, as in <hi>Portugal;</hi> yet still the
poor man is the most burden'd in such cases: for the Merchant will sell
the dearer, and then the evil falls upon the poor housekeeper, contrary
to the intention of all good Princes; which if they will take care to pre<g ref="char:EOLhyphen"/>vent,
I know nothing to hinder them, but that by the same rules which
they observe in making other laws they may take their liberty in this.</p>
                  </div>
                  <div n="10" type="rule">
                     <head>RULE X. Tribute, and Customes which are due, are to be
paid whether they be demanded or no.</head>
                     <p>THis is but the result of the former discourses.<note place="margin">1.</note> For if a tribute be just,
it is due debt, and to be paid as any other: and humane laws doe
not onely make the paying tribute to be necessary in the vertue of obedi<g ref="char:EOLhyphen"/>ence,
for then unless the law expressed that it ought to be paid, though it
be not particularly demanded, the subject not demanded were free; but
the laws place this obedience in the form and matter of its proper kind of
vertue, it is justice to pay it, and that must not be omitted at all; for our
duty is not to depend upon the diligence of other men; and if the Ministers
<pb n="128" facs="tcp:58903:375"/>
of the Prince be negligent, yet we must not be unjust. This is true in Sub<g ref="char:EOLhyphen"/>jects
and Natives; but strangers are free, unless they be requir'd to pay:
alwaies supposing, that they go in publick waies and with open address.
For it is presumed that they are ignorant inculpably in the laws of the
Countrey, and they are less oblig'd; but therefore these defects are to be
supplied by the care of them that are interested. But if they know it al<g ref="char:EOLhyphen"/>ready,
they are oblig'd as the Natives according to the laws, and must not
pretend ignorance, in fraud and cosenage.</p>
                     <p>But this also is to be understood of customes and tributes which are just.<note place="margin">2.</note>
In which number those which are of an immemorial time and long use
ever are to be presumed. Those which are newly impos'd, may better be
considered whether they be or no, because they want that approbation
which is given to the old. But whatsoever are unjust, doe not oblige to
payment; and the Merchant may use all just waies of escape, and conceal<g ref="char:EOLhyphen"/>ment.
He may not lie, nor forswear, nor deny them to be there when they
are there, and he is ask'd; but he may hide them, or go into secret waies:
and if he be discover'd, he must suffer as they please, but his conscience
is free.</p>
                     <p>He that paies not tribute upon pretence that it is unjust,<note place="margin">3.</note> that is, it is im<g ref="char:EOLhyphen"/>pos'd
by an incompetent authority, or in an undue manner, or unjust mea<g ref="char:EOLhyphen"/>sure,
must be sure that it is unjust, and not onely think so. For if he be
deceiv'd, he does not erre with a good Conscience, unless he use all the di<g ref="char:EOLhyphen"/>ligence
and ingenuous inquiries that he can. His ignorance must not, and
cannot innocently prejudice the Princes rights. If therefore he inquire
well and wisely, unless the injustice be very clear and certain, he will at most
but doubt concerning it; and if he does, the surer way is to pay it: but if he
does not doubt, but is fully persuaded of the injustice, if he thinks true, he
is innocent; but if he thinks amiss, he is not onely guilty of a culpable
ignorance, but of a criminall injustice.</p>
                     <p>If the Subject does doubt,<note place="margin">4.</note> the presumption is for the advantage of the
Prince, because he is the better person, and publick, and he is rather to be
secur'd then the private and the inferiour. And therefore I wonder at those
Lawyers and Divines that say otherwise, upon pretence that <hi>in dubiis me<g ref="char:EOLhyphen"/>lior
est conditio possidentis, The possessor is to be preferr'd in doubtfull cases.</hi>
For supposing this, yet the Prince is in the possession of law, and the Sub<g ref="char:EOLhyphen"/>ject
in possession of fact: the Prince is in possession of an actual right and
law of demanding it, and therefore his condition is to be preferr'd. For
in the practice of paying tribute, it is not sufficient cause of omitting to
pay it, that the Subject doubts whether it be, or is not sure that it is just.
For unless he be sure it is unjust it is sure that he is bound to pay. And
therefore in this case, let no Merchant trust his own judgment, but the
sentence of a wise spiritual Guide, or of Councel learned in the laws.</p>
                     <p>One thing onely I advertise in order to practice:<note place="margin">5.</note> let no man think that
because some subjects farm the Customs, and that the portion which is
conceal'd does not lessen the incomes of the Prince, therefore it may be
lawfull to hide from them all which they can hide. For the Farmer hath
what he gets in the right of the Prince, and in his own right he hath no<g ref="char:EOLhyphen"/>thing
from the Subject, but from his Supreme; who therefore is bound to
<pb n="129" facs="tcp:58903:375"/>
defend that right, and to complain of that wrong: and the husbandmen
in the Gospel who denied to pay to the Stewards of the King the fruits of
the vineyard which in their Kings right were demanded of them, were
thrown into outer darkness.</p>
                     <p>But then,<note place="margin">6.</note> as S. <hi>John Baptist</hi> gave counsel, the Tribute-men and Farmers
must <hi>exact no more then is appointed them;</hi> nor yet in cruell and vexatious
manners, nor with the exactest and utmost measures, but with such mode<g ref="char:EOLhyphen"/>ration
as may be far from rapine. <hi>Tributorum &amp; Fisci nunquam mala causa
nisi sub bono principe,</hi> was an old saying, Whatsoever was demanded by the
Tribute-Gatherers, it was all justice, whether it were right or wrong, un<g ref="char:EOLhyphen"/>less
the Prince were gentle and good. But the Vulture-like greediness and
unconscionable, unchristian and avaritious proceedings which are too fre<g ref="char:EOLhyphen"/>quent
amongst such men, have made the name of <hi>Exactors</hi> and<note n="*" place="margin">Quid est publicanus? N<gap reason="illegible" resp="#TECH" extent="1 letter">
                              <desc>•</desc>
                           </gap>nne caput rapinae, &amp; lex violentiae? Quid est publicanus? Praedo sine pudore, medius exterminii. Nónne immanior furibus publi<g ref="char:EOLhyphen"/>canus? Fur namque vel metuens furatur, hic autem delinquit confidenter. Fur laqueos tegit, timet, hic autem quicquid fecerit legem putat. Lex furem deterret ab illicitis, hic ad iniquum malitiae suae compendium legem trahit. Quis eo iniquior qui verbis justitia justitiam damnat, &amp; armis innocentiae spoliat, vulnerat, occidit Innocentes? lege utique legem per<g ref="char:EOLhyphen"/>
                           <gap reason="illegible" resp="#TECH" extent="1 letter">
                              <desc>•</desc>
                           </gap>ertit, &amp; dum urget ad legem, exlex est, Laurent. Episc. Mediol. in Homil.</note> 
                        <hi>Publicans</hi>
so infinitely, so intolerably hatefull.
<q>
                           <l>Curandum in primis, ne magna injuria fiat.<note place="margin">Juvenal. Sat. 8.</note>
                           </l>
                           <l>Fortibus &amp; miseris tollas licet omne quod usquam est</l>
                           <l>Auri atque argenti, scutum gladiúmque relinques</l>
                           <l>Et jacula &amp; galeam, spoliatis arma supersunt.</l>
                        </q>
It is not good to provoke the valiant by making them poor and miserable;
for they that have not a cloak may have a sword: and by how much you
make them the less considerable in peace, they are the more dangerous in
war. And therefore covetous Princes are to themselves the greatest ene<g ref="char:EOLhyphen"/>mies,
excepting onely their more covetous Exactors.</p>
                  </div>
               </div>
               <div n="3" type="chapter">
                  <pb n="130" facs="tcp:58903:376"/>
                  <head>CHAP. III. Of Kings, Princes, and all Supreme civil powers; and
their Laws in special.</head>
                  <div n="1" type="rule">
                     <head>RULE I. The Supreme power in every Republick is univer<g ref="char:EOLhyphen"/>sal,
absolute, and unlimited.</head>
                     <p>
                        <seg rend="decorInit">T</seg>HAT in every Common-wealth there is a Supreme power
is without all question:<note place="margin">1.</note> There is no government without
superiority; and where there is a Superior, there is a Su<g ref="char:EOLhyphen"/>preme;
for he is so that hath none above him. It matters
not whether this Supreme power be subjected in one or
many, whether it be parted or united: the consideration of
these is material as to the goodness or badness of a Government, but no<g ref="char:EOLhyphen"/>thing
to the power and absoluteness of it, nothing to the present Rule.
And therefore it is but a weak and useless distinction when we speak of
Kings and Princes, (by them meaning the Supreme Power) to say that
some are absolute, some are limited in their power. For it is true that some
Princes are so; but then they are not the Supreme power. It is a contra<g ref="char:EOLhyphen"/>diction
to say that the Supreme power is limited, or restrain'd; for that
which restrains it is Superior to it, and therefore the other is not Supreme.
And therefore <hi>Albericus Gentilis</hi> said well, That he doubted concerning
the Kings of <hi>France</hi> and <hi>Spaine,</hi> whether they were Supreme Princes, be<g ref="char:EOLhyphen"/>cause
in the affairs of Religion they are subject to the Pope. He that hath
the Supreme power is onely under God; and to inquire concerning a King,
whether he be tied to laws or conditions, is not properly an inquiry after
his power, but after the exercise and dispensation of it. For though he
may not alwaies use it, yet the Supreme power alwaies is absolute and un<g ref="char:EOLhyphen"/>limited,
and can doe what he please. The difference of a Tyrant and a
King or a gentle Prince being onely this, that a Tyrant uses his absolute
power unreasonably and unjustly and ordinarily; but a King uses it not
but in cases extraordinary, for just and good ends: and if the Prince does
not, some else must, who in that case is the Supreme. Sometimes the Con<g ref="char:EOLhyphen"/>suls,
sometimes the Dictators, sometimes the Senate did doe extraordina<g ref="char:EOLhyphen"/>ry
acts of power; but still they who did it had the Supreme power: and
that is necessary, and inseparable from Government, that, I mean, which is
Supreme: <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>, the Greeks call it;
<hi>Majestatem,</hi> the Latins: and be it in whom, or in how many it happens, that
power can doe every thing of Government, and disposes of all things in or<g ref="char:EOLhyphen"/>der
to it, and is accountable to no man. For suppose a King that hath
power of the <hi>Militia,</hi> and his Senate of making laws, and his people by
their Committees of raising money; this power of making war, and laws,
<pb n="131" facs="tcp:58903:376"/>
and levies is the Supreme power, and is that which can doe all things:
and although one be accountable for moneys, &amp; the other subject to laws,
and two of them under the power of the sword, yet this is but the Majesty
or Supremacy parted, and whether well or ill, I dispute not, yet when it is
parted and when it is united, it is supreme, and it is all. That Government
which <hi>Aristotle</hi> calls <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>,
<hi>seems</hi> (saies he) <hi>to be a Kingdome but yet subject to laws, but
is not the Mistress of all;</hi> and this is true in many European Govern<g ref="char:EOLhyphen"/>ments:
but there is another government where the Governour is <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>,
<hi>Lord of all, and but one person;</hi> that's the perfect Monarchy:
which although it be incomparably the best, and like to that by which
God governs the world, the first in the whole kind of Government, and
therefore the measure of the rest, yet that is no greater power then
is in every kind of Government; for be it where it will, somewhere or
other in all Government there must be a Supreme power, and that power
is absolute and unlimited. Now this being thus stated, the Rule is clear,
and the Jews exprest it by an odde device of theirs: for when their King
died they tied his thumb so in the palm of his hand, that the wrinkles
of the fist should, in a manner that might be fancied, represent <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>
which signifies <hi>Almighty;</hi> to denote that he was God's Vicegerent,
and under him had the whole power of Government. He had had in
his hand a power like to the power of God, but the other hand was open
and had let it go.</p>
                     <p>Now that this is true is apparent by all the same reasons by which the
necessity of Government is proved.<note place="margin">2.</note> It is necessary that it should be so;
for there are some states of things for which nothing can provide but this
<hi>absoluta potestas,</hi> Supreme and unlimited power; as at <hi>Rome</hi> when the
<hi>Gauls</hi> had almost possessed themselves of all, and in many cases of their
appointing Dictators, and in sudden invasions, and in the inundation of
tumults, and in all cases where laws are disabled to speak or act. <hi>Ne res pub<g ref="char:EOLhyphen"/>lica
aliquid detrimenti patiatur,</hi> That the publick should by all means be
preserved, in the greatest necessity they can have, and that is the great end
of power; and either the Common-wealth is like a helpless Orphan ex<g ref="char:EOLhyphen"/>posed
to chance and violence, and left without guards, or else she hath so
much power as to use all means for her safety. If she have not a right to
doe all that she naturally can, and is naturally necessary, she is deficient in
the great end of Government; and therefore it must be certain she hath
absolute power: now whereever this is subjected, there it is habitually,
there it is alwaies. I do not say it is alwaies there where it is sometimes
actually administred; but there it is <hi>habitually</hi> from whence it is concredi<g ref="char:EOLhyphen"/>ted
<hi>actually,</hi> and put into delegation and ministery: and this is the power
that can doe <hi>all things of government;</hi> and because it is supreme, and it is
so alwaies, it cannot be at any time less in judgment, because it is greater
in power; that is, it is accountable to no man whatsoever it does.
<q>Qui Rex est, Regem, Maxime, non habeat.</q>
                     </p>
                     <p>This Supreme power is commonly expressed by <hi>Potestas Regia,</hi>
                        <note place="margin">3.</note> or
<hi>Kingly Power,</hi> or power Imperial; though when the Emperour was Lord
of the world, to be a King in most places went much less: but because
most Kings have been and are Supreme in their own Dominions, (and
they alwaies are so, and are so acknowledged, to whom their subjects are
<pb n="132" facs="tcp:58903:377"/>
bound by the oaths of allegeance, and supremacy) by this word we com<g ref="char:EOLhyphen"/>monly
mean the Supremacy or the Majesty. So <hi>Suetonius</hi> speaking of
<hi>Caligula,</hi> saies he was very near <hi>speciem Principatus in Regnum convertere,
to change the Government into a Kingdome,</hi> that is, to make it absolute and
supreme: and this distinction <hi>Piso</hi> us'd concerning <hi>Germanicus, Principis
Romanorum, non Parthorum Regis esse filium,</hi> meaning that the <hi>Parthian</hi>
Kings were absolute, but the <hi>Roman</hi> Princes ruled with the Senate: and
<hi>Caesar</hi> tells that <hi>Vercingetorix</hi> was put to death because he being but the
Prince of the <hi>Gaules</hi> affected the Kingdome. <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>.<note place="margin">Lib. 53.</note>
So <hi>Dion</hi> described the power of a King, for that
which they understood to be the Supreme power.
<q>
                           <l>
                              <gap reason="foreign">
                                 <desc>〈 in non-Latin alphabet 〉</desc>
                              </gap>,</l>
                           <l>
                              <gap reason="foreign">
                                 <desc>〈 in non-Latin alphabet 〉</desc>
                              </gap>,</l>
                           <l>
                              <gap reason="foreign">
                                 <desc>〈 in non-Latin alphabet 〉</desc>
                              </gap>
                           </l>
                           <l>
                              <gap reason="foreign">
                                 <desc>〈 in non-Latin alphabet 〉</desc>
                              </gap>
                           </l>
                        </q>
So the people in <hi>Aeschylus</hi> spake to their King,<note place="margin">In Arg. trag. supplic.</note> 
                        <hi>Thou art our City, our Com<g ref="char:EOLhyphen"/>monwealth,
above all Judicatories, thy Throne is sacred and immur'd as an
Altar, and by thy suffrage, by thy own Will thou governest all things.</hi> This is
the <hi>Jus Regium,</hi> this the Supreme power can doe, it can be no less then
this in its own nature and appointment. So the power is described by <hi>The<g ref="char:EOLhyphen"/>ophilus,</hi>
                        <note place="margin">Decad. 1. l. 9.</note>
                        <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>, <hi>He hath given to the King
all power over the people.</hi> So it is described by <hi>Livy, Reges non liberi so<g ref="char:EOLhyphen"/>lum
impedimentis omnibus, sed Domini rerum temporúmque, trahunt consiliis
cuncta, non sequuntur, Kings are not only free from all lets and incum<g ref="char:EOLhyphen"/>brances,
but are Lords of times and things, they by their counsels draw all
things after them, but follow not.</hi> The <hi>Greeks</hi> call this Supremacy, <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>,
<hi>a power to rule without danger of being call'd to account
by men;</hi> S. <hi>Ambrose</hi> calls it, <hi>Non ullis ad poenam vocari legibus, tutos im<g ref="char:EOLhyphen"/>perii
potestate, a power that is safe in its own circles, and can by no laws be
call'd to punishment:</hi> 
                        <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>, that's <hi>Galens</hi> word, <hi>It is the chief</hi>
or <hi>prime principality.</hi>
                        <q>
                           <l>—Toto liber in orbe</l>
                           <l>Solus Caesar erit—</l>
                        </q>
                        <hi>The King alone is free;</hi> all others are under Compulsories and Judges.
But S. <hi>Peters</hi> phrase is better then all of them, <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>.
The King is the most eminent, the Defender of all, and above
all; <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>, saith <hi>Suidas.</hi> The King or the
Supreme hath the power of defence, the power of the Sword, and that
commands all the rest: for <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>, it signifies to be more
then Conqueror. So the Grammarians.</p>
                     <p>But in order to Conscience, Kings and Princes,<note place="margin">4.</note> I mean all Supreme
powers, must distinguish <hi>potestatem Imperii ab officio Imperantis; that</hi> is to
be considered by Subjects, and <hi>this</hi> by Princes. Supreme Princes alwaies
have an absolute power, but they may not alwaies use it. He that
hath a Sword by him is not alwaies tied to use it, and he must cut
his meat with a Knife. <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>,
saies <hi>Aristotle;</hi> It is a Kingdome when it is by rule and measure,
but if it be unlimited it is a Tyranny: that is, when affaires are capable
of a law and order, the Supreme power must so conduct them, He
must goe in that path where they stand; but if they grow wild and
<pb n="133" facs="tcp:58903:377"/>
irregular, he must goe out of his way to fetch them in again.</p>
                     <p>But then it is also to be considered that the absolute power of the
Prince is but an absolute power of government,<note place="margin">5.</note> not of possession; it is a
power of doing right, but not a power of doing wrong: and at the worst
is but a power of doing private violences for the security of the publick.
This power is excellently express'd in the Tables of the Royal law writ<g ref="char:EOLhyphen"/>ten
to <hi>Vespasian; Uti quaecunque ex usu reipublicae Majestate Divinarum,
Humanarum, publicarum, privatarúmque rerum esse censebit, ei agere, fa<g ref="char:EOLhyphen"/>cere,
jus potestásque sit, uti Augusto fuit. Augustus Caesar</hi> was the most
absolute Prince that ever rul'd the <hi>Roman</hi> people; to him was granted, saith
<hi>Alciat,</hi>
                        <note place="margin">De Magistrat.</note> to be free from laws, and all the necessity of laws, to be obnoxi<g ref="char:EOLhyphen"/>ous
to no law written, and to have all the power of Kings: and yet all that
power was but to doe every thing which he should esteem to be usefull to
the publick, and according to the Majesty of religion and all humane rights
publick and private. And therefore he is <hi>Princeps Regni,</hi> but not <hi>Domi<g ref="char:EOLhyphen"/>nus,</hi>
a Prince, not a Lord; and the distinction is very material. For to be
<hi>Lord,</hi> signifies more then the Supreme power of Government. <hi>Qui pri<g ref="char:EOLhyphen"/>mi
fuerunt Romae Principes, etsi poterant videri reverâ Domini, vitabant
tamen valdè Domini Nomen, veluti contumeliam ac maledictum: non vita<g ref="char:EOLhyphen"/>turi
si esset Nomen solius honoris,</hi>
                        <note place="margin">August. 53.</note> 
                        <hi>aut moderatae potestatis,</hi> saith <hi>Suetonius.</hi> The
first Princes of <hi>Rome</hi> esteemed it a disgrace to be called Lords, because it was
not a name of meer honour, or of a moderate power; for if it had, they
would not have declined it: but it means an absolute power to dispose of
all lives and all possessions; which is beyond the power of the King or
Prince. He that is a King rules over a free people, but a Lord rules over
slaves. <hi>Tacitus,</hi> according to the popular humor of the <hi>Romans,</hi> supposed
the power of a King to be too great a violation of liberty; but Domination
or Lording it was intolerable.<note place="margin">Tacit. in Agric.</note> 
                        <hi>Principatus &amp; libertas res sunt dissociabiles;
magis tamen sunt dissociabiles libertas &amp; dominatio;</hi> for to be the absolute
Lord cannot consist either with freedome or propriety: and therefore
<hi>Ovid</hi> prefers <hi>Augustus</hi> before <hi>Romulus</hi> in this very instance, for speaking to
<hi>Romulus</hi> of <hi>Augustus,</hi> he saies,
<q>Tu Domini nomen, Principis ille tenet.</q>
                        <hi>Augustus</hi> is a Prince, a gentle Governour; <hi>Romulus</hi> was a Lord, that is,
something that no man loves, but every man serves and fears. This power
is well expressed by S. <hi>Peters</hi> word of <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>, a power not ministring
to good, nor conducted by moderation.
<q>
                           <l>Maximum hoc regni bonum rati,</l>
                           <l>Quod facta Domini cogitur populus sui</l>
                           <l>Tam ferre quam laudare—</l>
                        </q>
When the people must suffer the will of their Imperious Lord and must
commend it, that is, be a slave in their persons and their labours, their pos<g ref="char:EOLhyphen"/>sessions
and their understandings: that is more then a Prince or a gentle
Lord will doe; for then the word is good, when the Man is gentle, and the
Power is moderate. But that which I intend to say is this, that the Su<g ref="char:EOLhyphen"/>preme
power of Government is at no hand a Supreme power, or an Ar<g ref="char:EOLhyphen"/>bitrary
disposer of life and fortunes; but according to law, or according to
extreme necessity which is the greatest law of all. In the sense of Honour
and of Moderate power the King is a Lord, but not in this sense of law.
<hi>Qui pleno jure Dominus est, alienandi, dissipandi, disperdendi jus habet,</hi>
saith the law, <hi>l.</hi> 7. <hi>C. de relig. l. sed etsi, lege</hi> 25. §. <hi>consuluit, ff. de haered. petit.</hi>
                        <pb n="134" facs="tcp:58903:378"/>
By a Lord is meant he that hath power to dispose of the goods of the
Vassals: and this a King or Prince hath not. This is not the Supreme
power of Government. A King is not the Lord of his Kingdome, of the
territories of his Subjects, <hi>quia dominium in solidum non possit esse duo<g ref="char:EOLhyphen"/>rum,</hi>
saith <hi>Cujacius,</hi> There cannot be two absolute Lords of the same
land; The right owner is the Lord, not the right King. <hi>Aliter reipublicae
sunt agri, aliter privatorum. Num quid dubium est, quin servus cum pecu<g ref="char:EOLhyphen"/>lio
Domini sit? dat tamen Domino suo munus. Non enim ideo nihil habet
servus, quia nihil est habiturus, si Dominus illum habere noluerit,</hi> said one;
The servant is within his Lords peculiar, but yet he can make a present to
his Lord. If his Lord please, the servant shall have nothing; but yet it
follows not, that therefore he is possess'd of nothing. Now if this be true in
Slaves, much more infinitely more is it in free Subjects; for otherwise are
my lands my own,<note place="margin">Lib. 7. De be<g ref="char:EOLhyphen"/>nef. cap. 4.</note> otherwise they are the Princes. <hi>Jure civili omnia Re<g ref="char:EOLhyphen"/>gis
sunt,</hi> (saith <hi>Seneca;) &amp; tamen illa quorum ad Regem pertinet universa pos<g ref="char:EOLhyphen"/>sessio,
in singulos Dominos descripta sunt,</hi> By the law all things are the
King's; but even those things are divided into peculiars, and have private
Lords. It is all the Princes lands, and he receives the tribute, and he re<g ref="char:EOLhyphen"/>ceives
the service and the duty of them all; but the Lords receive the rents.
The <hi>Athenians</hi> and the <hi>Thebans</hi> fight concerning the bounds of their terri<g ref="char:EOLhyphen"/>tory;
&amp; at the same time <hi>Polyaenus</hi> &amp; <hi>Thysias</hi> are at law about dividing their
shepherds walks in the same place.<note place="margin">Ibid. cap. 5.</note> 
                        <hi>Sub optimo Rege, omnia Rex Imperio
possidet, singuli dominio,</hi> The King governs all, but the Subjects possess
all their own: for so <hi>Livy</hi> might buy his own Books of <hi>Dorus;</hi> they were
<hi>Dorus</hi> his Books, and <hi>Livy</hi>'s too: and when a Lord receives his rent, the
Tenant may call the lands his own. Some things are mine by possession,
some by use; some by title, some by incumbency; one is the Author,
and another is the Buyer; one is an Artificer, and another the Merchant
of the same thing; and the King hath the power, but his Subjects have
the propriety.<note place="margin">Cap. 6.</note> 
                        <hi>Caesar omnia habet; fiscus ejus privata tantum ac sua: &amp;
universa in Imperio ejus sunt, in patrimonio propria.</hi> That's the sum of this
inquiry. The King hath all, and yet he hath something of his own in his
peculiar, and so have the Subjects.</p>
                     <p>The effect of this consideration is this;<note place="margin">6.</note> That the Supreme power
must defend every mans right, but must usurp no mans. He may use every
mans peculiar for the publick necessity, and in just and necessary Govern<g ref="char:EOLhyphen"/>ment,
but no otherwise; and what is out of any peculiar expended for
the publick defence, must out of the general right be repaied for the pri<g ref="char:EOLhyphen"/>vate
amends.<note place="margin">4. ad Herenni<g ref="char:EOLhyphen"/>um.</note> 
                        <hi>Verum etsi nostra tempore necessitatis patriae conferre debea<g ref="char:EOLhyphen"/>mus,
tamen jure naturae congruit ut communis salus, communis utilitas, com<g ref="char:EOLhyphen"/>mune
periculum, non unius duntaxat aut alterius, sed communibus impensis,
jacturis, periculísque comparetur,</hi> said <hi>Cicero.</hi> A King is to govern all
things; but to possess nothing but what is his own. Only concerning the
necessity, if the question be, <hi>who shall be Judge;</hi> it is certain that it ought
to be so notorious that every man might judge; but he who is to provide
against it, is certainly the only competent person, and hath the authority.
For he that is to stand against the sudden need, ought to espy it. But if
ever there be a dispute who shall judge of the Necessity, it is certain,
the Necessity is not extreme; and if it be not, yet it ought to be pro<g ref="char:EOLhyphen"/>vided
against when it is intolerable. <hi>Ahab</hi> had no right to take <hi>Naboths</hi>
Vineyard; but if the <hi>Syrian</hi> army had invaded <hi>Israel, Ahab</hi> might have
<pb n="135" facs="tcp:58903:378"/>
put a Garrison in it, or destroyed the Vines, to have sav'd or serv'd his
Army.</p>
                     <p>And to this sense <hi>Lyra</hi> expounds the <hi>Jus Regium,</hi>
                        <note place="margin">7.</note> the right of the
King,<note place="margin">1 Sam. 8.</note> describ'd by <hi>Samuel</hi> to the People of <hi>Israel:</hi> for (saith he) there is a
double right; the one in the dayes of necessity, and then all things are in
his power so far as can truly serve that publick necessity: but when that
necessity is over, that right is useless, and is intolerable. And by this
means the different opinions of the Jewish Doctors may be reconcil'd.
<hi>Rabbi Jose</hi> sayes, that whatsoever is here set down, it was lawfull for the
King to doe. <hi>R. Juda</hi> sayes, that this description was onely to affright the
People from persisting in their desire of a King. Both might say true;
for that it was not lawfull in ordinary Government to take the peculiar of
the Subject, appears clearly in the case of <hi>Naboth.</hi> But that in extraordi<g ref="char:EOLhyphen"/>nary
it is just, needs no other argument but because it is necessary: and it
appears also in the case of <hi>David</hi> and <hi>Nabal,</hi> upon whom <hi>David</hi> would have
done violence, because he sent him not Provisions for his Army out of his
own peculiar. But it is considerable, that this Royal power describ'd by
<hi>Samuel</hi> is no more then what is necessary to be habitually inherent in all
Supreme powers; this is <hi>potestas imperantis;</hi> he may <hi>licitè facere in tem<g ref="char:EOLhyphen"/>pore
necessitatis, legitimè semper,</hi> In time of need he may use it lawfully,
but alwayes legitimately, that is, if he does, he onely abuses his power, but
it is his own power which he abuses:<note place="margin">Deuter. 17.</note> for when <hi>Moses</hi> describ'd the usage
and manner of a King, he did it by the measures of peace and piety,
and the laws of natural justice and equity, with the superfetation of
some positive constitutions which God commanded for that King, as
part of the Judicial Law. But when <hi>Samuel</hi> describ'd the manner of
their King, he describ'd the whole power in ordinary and extraordinary;
<hi>the power,</hi> I say, but <hi>not the office<g ref="char:punc">▪</g> Moses</hi> describ'd <hi>the office,</hi> but <hi>not the
power.</hi>
                     </p>
                     <p>I adde to this another consideration;<note place="margin">8.</note> That whether all that the He<g ref="char:EOLhyphen"/>brew
King did or might doe was warranted by God or no, it matters not
to us. For if it be no more then the necessary requisites of Supreme
power to be us'd in time onely of necessity, we need not fear that this pre<g ref="char:EOLhyphen"/>cedent
can injure the rights of any People: but if there were in it some<g ref="char:EOLhyphen"/>thing
more then was good, it was certainly a peculiar of that People, who
desir'd a King to rule over them as the neighbour Nations had; right or
wrong they stood not upon that; and therefore <hi>Samuel</hi> describ'd to them
what that was which they requir'd. It was no warranty to the King to doe
so, but to the People to suffer it: but if it was ill, it was their own desire;
for so the neighbour Kings did govern, using too much of their power, and
too little of their duty and office. And therefore God was angry with his
People, not that they desir'd a King; for God gave them three things in
charge, say the Rabbins, which they should doe when they came into the
Land of Promise, That they should blot out the name of <hi>Amalek,</hi> that they
should chuse a King, that they should build a Temple. Therefore the chusing
of a King was not it that offended God, but that they should desire that a
King should reign over them in the manner as the Gentiles had: For they
thought (saith <hi>Josephus</hi>) <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>,
<hi>that all would be well if they had the same form
of Government as the Nations had.</hi> Now their neighbour Nations were go<g ref="char:EOLhyphen"/>vern'd
<pb n="136" facs="tcp:58903:379"/>
the most tyrannically, and the People serv'd the most sl<gap reason="illegible" resp="#TECH" extent="1 letter">
                           <desc>•</desc>
                        </gap>vishly in
the whole World.
<q>—dociles servire Sabaeos,</q>
The Sabeans (sayes <hi>Claudian</hi>) were apt to serve: <hi>dociles <gap reason="illegible" resp="#TECH" extent="1 letter">
                              <desc>•</desc>
                           </gap>erilem ferre ma<g ref="char:EOLhyphen"/>num
Syros &amp; Parthos, &amp; omnes qui aut ad Orientem aut ad Meridiem sunt
barbaros,</hi>
                        <note place="margin">Contr. Chri<g ref="char:EOLhyphen"/>stian.</note> said <hi>Julian,</hi> All the Syrians and Parthians, and all the Nations
of the East and South, were us'd to slavery; <hi>cont<gap reason="illegible" resp="#TECH" extent="1 letter">
                              <desc>•</desc>
                           </gap>ntos sub Regibus vivere
Dominos imitantibus,</hi> their Kings were absolute Lords of possessions as
well as of tribute and government; and the People were ple<gap reason="illegible" resp="#TECH" extent="1 letter">
                           <desc>•</desc>
                        </gap>s'd to have
it so: and the Israelites would follow their example. <hi>Ecce in hoc errarnat</hi>
(sayes a Jewish Doctor) <hi>quod Israelitarum conditio non est. <gap reason="illegible" resp="#TECH" extent="1 span">
                              <desc>〈…〉</desc>
                           </gap>
Rex aliquis pro sua voluntate, ut Imperatores Gentilium, qui sanctum populis
suis leges, quascunque animis concipiunt.</hi> Their errour was in <gap reason="illegible" resp="#TECH" extent="1 span">
                           <desc>〈…〉</desc>
                        </gap>
a King as the Gentiles had; for their condition would not <gap reason="illegible" resp="#TECH" extent="1 word">
                           <desc>〈◊〉</desc>
                        </gap> it that
their King should make laws according to his own will and humour, as did
their neighbour Kings, who were proud and barbarous, and counted easi<g ref="char:EOLhyphen"/>ness
of access a lessening of Majestie, and would be bound by no measures
but their own will: and therefore said God to <hi>Samuel, They have not re<g ref="char:EOLhyphen"/>jected
thee, but me;</hi> that is, they would have a King, not such as I have
commanded in my law, but such as they see among their Neighbours, who
make laws themselves without me. And therefore although God comman<g ref="char:EOLhyphen"/>ded
<hi>Samuel</hi> to hearken to them, and make them a King; yet by terrours,
like those on Mount <hi>Sinai,</hi> he first made them confess their fault, and
therefore to submit to a King of God's chusing, who should reign by
God's law.</p>
                     <p>So that it is to no purpose that this place hath been so tortur'd by In<g ref="char:EOLhyphen"/>terpreters,<note place="margin">9.</note>
and pull'd in pieces by disputation; while they contend on one
side, that this was a description of the King's power, on the other, that
it was a prediction of matter of fact: for it was neither one nor the other
alone, but a description of the manner of the Heathen Kings; and a repre<g ref="char:EOLhyphen"/>sentment
of what it was which they ask'd, and what was like to be the ef<g ref="char:EOLhyphen"/>fect
of that power which they desir'd God would set over them: but the
question of the extent and liberties of the Supreme power is no way con<g ref="char:EOLhyphen"/>cerned
in it. For it matters not what the Eastern and Southern Kings did;
for they did that in ordinary, which is not to be done but in cases extra<g ref="char:EOLhyphen"/>ordinary;
they did that for pleasure, which was not to be done but for ne<g ref="char:EOLhyphen"/>cessity.
But as to the thing it self; Nothing can be more certain, but
that 1. In all Republicks, somewhere or other, there is a Supreme power.
2. That this power can doe all things of Government; so that nothing is
so great, but if it be necessary, it is just, and can be done: for if there were
any time, and any case in which evil may happen, and no provisions may
be made for it, in that case, and at that time it is an Anarchy, there is no
Government at all. 3. That this Supreme power, being a power of Go<g ref="char:EOLhyphen"/>vernment,
must also be a Conservator and great Minister of Justice; and
therefore must suppose every man's right to be distinct, and separate, and
firm: and by consequence, that he hath nothing to doe with mens pro<g ref="char:EOLhyphen"/>priety,
but to defend them in peace, and use them in war so as is necessary,
that is, so as is unavoidable; according to that saying of <hi>Maimonides, Po<g ref="char:EOLhyphen"/>testatem
habet Rex ordinandi mundum juxta id quod praesens hora postulat.</hi>
There are some sudden accidents against which there are no regular pro<g ref="char:EOLhyphen"/>visions
in laws; but to provide for them at the instant by extraregular
<pb n="137" facs="tcp:58903:379"/>
means, is within the power of the supreme. But in all this whole question
the saying of <hi>Baldus</hi> is the best measure of the consciences of Princes:
<hi>Clausula de plenitudine potestatis semper intelligitur de potestate bona &amp; lau<g ref="char:EOLhyphen"/>dabili,</hi>
                        <note place="margin">1 Consil. 245.</note>
The plenitude of power of all things in the world ought the least to
be fear'd, because it never is to be us'd but for the greatest good.</p>
                     <p>Upon the occasion of this discourse the Lawyers sometimes dispute,</p>
                     <p>Whether it be lawful,<note place="margin">10.</note> and in the power of the Supreme Prince or Ma<g ref="char:EOLhyphen"/>gistrate,
to aliene or lessen his princely rights, or to give away any parts of
his Kingdome.</p>
                     <p>But to this the answer is easy.<note place="margin">11.</note> For 1. whatsoever is their right by just
conquest, or is <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>, in their private possession, they may
aliene as any private person may his lands. Thus <hi>Solomon</hi> gave the <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>
twenty cities (which his Father in law the King of <hi>Egypt</hi> had conquer'd
and given him with his wife in dowry, and which himself had won) to
<hi>Hiram<g ref="char:punc">▪</g> Alexander</hi> gave all his Kingdomes to his Princes that serv'd him
in his warrs. <hi>Attalus</hi> gave <hi>Asia</hi> to the people of <hi>Rome; Nicomedes</hi> gave
<hi>Bithynia:</hi> the Father of <hi>Mithridates</hi> had <hi>Paphlagonia</hi> by gift: &amp; in <hi>England</hi>
it was said that <hi>Edward</hi> the Confessor gave <hi>England</hi> by Will to the bastard
of <hi>Normandie:</hi> and divers of our Kings did in their Wills at least recommend
a successor; <hi>Edward</hi> the sixth did, but it came to nothing. But when the
Donor or the Donee respectively can make it good, then it holds in law,
and not otherwise; for questions of this nature us'd to be determin'd by the
sword, and not by discourses.</p>
                     <p>2. But yet this is certain,<note place="margin">12.</note> that where the Princes are trustees of the
people, and elective, or where the right of succession is in a family by law
or immemorial time, no Prince can prejudice his Heir, or the people that
trusted him. Nothing is here to be done without consent, not onely be<g ref="char:EOLhyphen"/>cause
the alienation cannot be verified against consent [in which case
<hi>Charles</hi> the sixth of <hi>France</hi> desir'd his will might be confirm'd by the No<g ref="char:EOLhyphen"/>bles;
and the King of <hi>Macedonia</hi> went up and down to all the cities to recom<g ref="char:EOLhyphen"/>mend
to them <hi>Antigonus</hi> whom he desir'd to make a king:] but because in
these cases, though Kings have the supreme power, yet they have it not
<hi>pleno jure,</hi> by a fulness of dominion. It may be as <hi>Aristotle</hi> calls it <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>,
a full, supreme, absolute
and intire principality; yet by not being in full and intire private possession
it is by all rights to be administred, but without wrong cannot be alien'd.
<hi>Hottoman</hi> will by no means admit that in any case a Kingdome can be
alien'd:<note place="margin">Illust. Quaest. 1.</note> because it is the case of persons as well as of things; and they
cannot be dispos'd of like slaves or beasts. But he consider'd not that sub<g ref="char:EOLhyphen"/>jection
to Princes can best stand with personal liberty; and this cannot
well be secur'd without that: for where there is no civil government,
every man that is stronger can make me a slave; but by the power of a
Prince I am defended in my liberty: and <hi>Hottomans</hi> objection must
needs be invalid, unless there be no liberty but where there is no go<g ref="char:EOLhyphen"/>vernment.</p>
                  </div>
                  <div n="2" type="rule">
                     <pb n="138" facs="tcp:58903:380"/>
                     <head>RULE II. The Supreme power is superior to the Civil laws,
but not wholly free from them.</head>
                     <p>THis Rule hath been thrust into great difficulty by the interests and
mistakes of Princes and Subjects respectively.<note place="margin">1.</note> For it hath been disputed
whether Princes be free or no from the laws of their kingdome; and things
of this nature when they once are question'd, are held more pertinaciously,
and desir'd more greedily, and possess'd suspiciously, and conducted with
jealousy, and look'd upon with envy or indignation. For the Prince, if it
be but disputable, will yet conclude for his own interest; and it is argument
enough for him that it is so, because it is not certain that it is not so. And the
subjects will upon the same account suppose the Prince bound to his laws,
because they know nothing to the contrary; and therefore they presume
for the authority of the laws, as the Prince does for the immunity of his
person. But then because it is question'd, the Prince, lest he loose it quite,
will hold the faster; and the people will snatch at it more impotently, lest
they be slaves for ever. And therefore disputations in this case are not
prudent or safe; but precepts, and sermons, and great examples, and the
sayings of wise men, and positive affirmations in those particulars that be
manifest.</p>
                     <p>
                        <hi>Princeps legibus solutus est,</hi>
                        <note place="margin">2.</note> said <hi>Justinian,</hi> The Prince is not tied to
laws:<note place="margin">Instit. d. tit. 2.</note> for it seems impossible that he that hath power over the law, he that
gave it being, and can give it a grave, should be less then that which hath
no greatness but what it borrows from him. Indeed if the Prince had
devested himself of his power when he made the law, he had been sub<g ref="char:EOLhyphen"/>ject
to it; but then he could have no power to abrogate it: which because
it is inseparable from the legislative power, it follows that the life of the
law is in continual dependance from, and therefore in minority and under
him; and therefore the lawyers have a proverbial verse,
<q>Non est Rex legi, sed lex obnoxia Regi.</q>
For a law without a compulsory power is nothing but good counsel at the
best; and the supreme power cannot be compell'd: for he will not compel
himself, he cannot; he may be willing, but he can never force himself; and
to the supreme no man is superior, and therefore none else can compel
him: therefore the Divines use to say, and so doe the Lawyers too, that
Kings are subject to the directive power of the laws. The distinction I
acknowledge, but believe it here to be to no purpose: for laws have no such
power, and a directive power is no power; for if it can onely direct, it is
not a law, for a law obliges, and does not onely direct: and as for the
meer matter of counsel, the Prince need not be at the charge of a law for
that, his Counsellors, his Bishops, his Lawyers, his friends can doe that
without a law. The same thing is usually said concerning just men. <hi>Justis
lex non est posita,</hi> saith the Apostle, The law is not made for the righteous,
but for the wicked: that is, the compulsory of laws is not at all designed
for them that obey without compulsion. Not but that the just are under
the power of laws, and the laws were made to command them the parti<g ref="char:EOLhyphen"/>culars
and the instances of obedience; and if they prevaricate, they shall
<pb n="139" facs="tcp:58903:380"/>
feel it. But they are so willing to obey, and so love government and the
vertues commanded by the laws, that the laws are of no use to good and
just men, but to direct them to what is requir'd of them; and so they are
under that which is improperly call'd the <hi>Directive power</hi> of laws; but
Princes are not so. The Supreme power may if he will obey; so may the
just man: but this man must obey or he shall be punished, but not so the
Prince. The laws of themselves may direct the Prince; but it is because
he will have it so: but they direct the just, because they have authority to
command, and to punish, onely that the just will not let it come so far. It
is but a shadow of liberty to say I am not under the compulsion, but the di<g ref="char:EOLhyphen"/>rection
of laws: for such persons if they will not be directed shall be com<g ref="char:EOLhyphen"/>pell'd,
and it is better to be willing then unwilling; for call it what you will,
you are commanded to doe it, and you must obey. Now this being the
case of the just subject, and not the case of the Supreme power, whether just
or unjust, it is clear that the Prince or supreme power is not subject to any
power of the laws; the law is no Commandement to the Prince, and
whatsoever is nothing but counsel, is no law.</p>
                     <p>And yet on the other side we find good Princes saying otherwise;<note place="margin">3.</note>
and they who are apt enough to advance their own power, yet confessing
their power to be less then the law, that is, that themselves are bound to
keep it: so said the Emperour, <hi>C. de legib. &amp; constit. l.</hi> 4. <hi>Digna vox est
Majestatis regnantis, legibus alligatum se Principem profiteri,</hi> It is a voice
worthy of the Majesty of a Prince, to profess himself tied to his laws.
<hi>Patere legem quam tu ipse tuleris,</hi> said the wise man; Suffer the law which
thou thy self hast made: the same with that of <hi>Pittacus,</hi>
                        <q>Pareto legi quisquis legem sanxeris.</q>
And the equity of this, besides that it is apparent, is also given in the law,
<hi>l.</hi> 1. <hi>ff. de pactis. Nihil tam humanae fidei consentaneum est, quam ea quae pla<g ref="char:EOLhyphen"/>cuerunt
servari.</hi> If they have pleas'd the Prince in the sanction, let them
also please him in the observation, for that's agreeable to the faith and in<g ref="char:EOLhyphen"/>genuity
of worthy persons.</p>
                     <p>These things are but seemingly oppos'd,<note place="margin">4.</note> for both parts are true, and
are to be reconcil'd by the following measures.</p>
                     <p>1. The Supreme power is not under the fear of the laws,<note place="margin">5.</note> but is to
love the vertue and order that is there commanded. For there is a neces<g ref="char:EOLhyphen"/>sity
introduc'd by publick honesty as well as by fear. And therefore the
Greek Lawyers in their Commentaries upon that of the Institutions, that
the Prince is free from laws, expound it to be meant of penal law; that
is, they cannot be punish'd for prevaricating, or for not keeping them:
and <hi>Decianus</hi> said the same thing, <hi>Non quia iniqua liceant, sed quod non
timore poena, sed amore justitiae:</hi> It is no more lawful for Princes to doe un<g ref="char:EOLhyphen"/>just
things, then for their subjects; but they are invited to doe worthy
things, not because they are to fear the punishment of laws, but because they
must love justice; and there is that necessity for them to doe so, that there
is of being great and honour'd. The laws of honesty, of fame and reputa<g ref="char:EOLhyphen"/>tion,
which amongst all good men are the guards of vertue, must endear it
also to Kings: so <hi>Claudian</hi> to <hi>Theodosius,</hi>
                        <q>
                           <l>Tu licet extremoslatè dominere per Indos,</l>
                           <l>Te Medus, te mollis Arabs, te Ceres adorent;</l>
                           <l>
                              <pb n="140" facs="tcp:58903:381"/>
Si metuis, si prava cupis, si duceris irâ,</l>
                           <l>Servitii patiêre jugum, tolerabis iniquas</l>
                           <l>Interius leges: tunc omnia jure tenebis</l>
                           <l>Cum poteris Rex esse tui: proclivior usus</l>
                           <l>In pejora datur, suadetque licentia luxum,</l>
                           <l>Illecebrisque effraena favet: tunc vivere castè</l>
                           <l>Asperius, cum prompta Venus; tunc durius irae</l>
                           <l>Consulimus, cum poena patet: sed comprime mentem,</l>
                           <l>Nec tibi quod liceat, sed quod fecisse decebit,</l>
                           <l>Occurrat, mentemque domet respectus honesti.</l>
                        </q>
                     </p>
                     <p>A King is not to consider the greatness of his power, but of his duty; and
not reckon upon his impunity, but his reputation<note n="*" place="margin">Vestri consilii, vestrae pruden<g ref="char:EOLhyphen"/>tiae est spectare quid deceat vos, non quantum liceat. <hi>Cic. pro Rabitio.</hi>
                        </note>; and because he does
not fear the publick rods and axes, let him respect publick honesty: so <hi>Ac<g ref="char:EOLhyphen"/>cursius</hi>
affirms, <hi>Principem, etsi legibus solutus sit, honestatis tamen necessitate
omnino teneri oportere:</hi> and this is the sentence of <hi>Decius</hi> and most Law<g ref="char:EOLhyphen"/>yers.
But <hi>Honestas non videtur inferre necessitatem,</hi> say the Lawyers. This
does not make it simply necessary; but it perswades vehemently, and
upon Princes whose honour is both conscience and interest too, it differs
but little from it. For it makes that they <hi>ought to doe</hi> what is fit. But in
Kings it is true what <hi>Muscornus Cyprius</hi> saies,<note place="margin">Hieron. Mus<g ref="char:EOLhyphen"/>cornus tract. de Jurisdict. &amp; Imp.</note> 
                        <hi>Verbum illud [debet] non coac<g ref="char:EOLhyphen"/>tionem,
sed rationalem quandam persuasionem denotare videtur.</hi> It is their
duty, and they ought to doe it; and that signifies every thing but com<g ref="char:EOLhyphen"/>pulsion.
However a Prince is onely free from one compulsory which is
upon his subjects: but is under many which touch not them. God en<g ref="char:EOLhyphen"/>joyns
him a greater duty,<note place="margin">Principes qui Superiorem non habent, plus puniuntur à Deo, &amp; itaque caveant sibi, ne peccent. <hi>Castr.</hi> 11. <hi>C. de jud.</hi>
                        </note> and exacts it with greater severity, and will
punish their delinquencies more sharply: <hi>potentes potenter,</hi> saith the Wisdome
of <hi>Solomon, mighty men shall be mightily tormented;</hi> and <hi>Tophet is prepared
for the King.</hi> * Kings have a greater need in their affairs then the small
fortunes of their subjects; and therefore have need of a greater piety to
secure so great a providence. They have more to loose, and therefore need
a bigger caution to secure it; they have more at stake to endear obedience:
and since a King is but one person, and is strong onely by the obedience of
his subjects, and that obedience is secur'd onely by love, and that love can
no way be obtain<gap reason="illegible" resp="#TECH" extent="1 letter">
                           <desc>•</desc>
                        </gap>d but by beneficence and justice; if he breaks these secu<g ref="char:EOLhyphen"/>rities,
he may have cause to consider that of <hi>Tacitus, Princeps unus est
civium &amp; senatus consensui impar,</hi> that one man against a multitude is
nothing; and that the Senate and the people are stronger, and need not
fear him alone, but he alone may have cause to fear all them together<note n="*" place="margin">Vindicta certè maxima in no<g ref="char:EOLhyphen"/>bis siua est. Co<g ref="char:EOLhyphen"/>gunt timere? odisse rursum possumus: jus<gap reason="illegible" resp="#TECH" extent="1 letter">
                              <desc>•</desc>
                           </gap>a odia superant omne vindictae genus. <hi>Meursi.</hi>
                        </note>;
and that the sins of a Prince are often punished by the sins of the people.
He can consider that he is to govern a multitude whom nothing can unite
but an Almighty power; that they are as contingent in their love and
hatred, as chance it self; that no fortune in a King is moderate; that when
it declines it oftentimes runs to extremity; that he seldome hears truth,
never meets with a bold and a wise reprover; that he hath many flatterers,
and but few friends; that he hath great powers of doing evil, and tempta<g ref="char:EOLhyphen"/>tions
and opportunities alwaies ready; that his very being superiour to
laws leaves his Spirit infinitely unguarded and spoil'd of one of the greatest
securities of vertue; that impunity is a state of danger; that when vertue
is left onely under a Counsel and cold recommendation, and is not made
necessary by laws, he had need have a great and a mighty vertue to make
it necessary by love and choice; and that such perfect vertues are but rarely
obtain'd, and after a long practice; that fear is the beginning of wisdome;
<pb n="141" facs="tcp:58903:381"/>
and therefore Princes are very much to seek in this particular, because
they have nothing to begin with; and to chuse vertue for love is not usual
with beginners, but is the consummation of the most perfect: so that we
may well pray, <hi>God help poor Kings,</hi> who if they doe vertuously must needs
be infinitely dear to God, because it is so extremely difficult to be so, and
nothing can make them so but two conjugations of miracles; the excel<g ref="char:EOLhyphen"/>lencies
of the Spirit of God, and the Spirit of a King. So that it is no pri<g ref="char:EOLhyphen"/>viledge
to Kings that they are above the power of their laws; it is their
objection, and the evil of their state. Only it is necessary to others that
these should dwell in danger: and as for their obedience to laws, it is not
bound upon them by the same cord that ties the Subject, but by ano<g ref="char:EOLhyphen"/>ther;
it is not necessary for the same reasons, but it is by a greater ne<g ref="char:EOLhyphen"/>cessity.</p>
                     <p>2. But then these supreme Compulsories being wholly conducted by the
hand and providence of God,<note place="margin">6.</note> doe plainly tell us that the supreme Power is
obliged to all the laws of God, to the laws of Nature and Christianity. A
King hath no power to govern but according to Gods laws. For if he does,
though he have no Compulsorie below, yet above there are enough, and to
Gods laws the greatest Power on Earth is intirely subordinate. <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>,
<hi>The law is the
supreme King of all,</hi> said <hi>Pindar.</hi> The same is also said by <hi>Chrysippus,</hi> by
<hi>Aristotle,</hi>
                        <note place="margin">
                           <gap reason="illegible" resp="#TECH" extent="1 word">
                              <desc>〈◊〉</desc>
                           </gap>. 4. <gap reason="illegible" resp="#TECH" extent="1 word">
                              <desc>〈◊〉</desc>
                           </gap>.</note> and divers others: and <hi>Plato</hi> affirms that destruction is immi<g ref="char:EOLhyphen"/>nent
upon that City where the Magistrate governs the law, and not the
law the Magistrate: and again, <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>,
The Prince that rules not by laws is nothing but a grievance to his
Subjects. But that these great Persons mean the laws of God and Nature
is explicitly plain in <hi>Plutarch,</hi>
                        <note place="margin">Lib. de regno</note> who having affirmed that the law must rule
the Prince, adds by way of explanation, that it be that Jaw, <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>,
<hi>not which is written in books or tables, but the law of reason that alwaies dwells
within; that law that alwaies is his guard, and never suffers the soul to be
without a guide,</hi> that is the law that is superior to Princes. Some little
instances of particulars of this law were decreed by <hi>Servius Tullus</hi> King of
the <hi>Romans;</hi> of which <hi>Tacitus</hi> saies, <hi>praecipuus Servius Tullus sanctor le<g ref="char:EOLhyphen"/>gum
suit, queis etiam Reges obtemperarent; he made laws of that Nature that
even Kings themselves should obey them.</hi> For as
<q>Regum timendorum in proprios greges,</q>
So it is as true,
<q>Reges in ipsos imperium est Jovis;</q>
As the people are Subjects of the Prince, so is the Prince of God; they
must obey their King, and their King must obey God: Concerning whose
Law it was said to <hi>Domitian</hi> by <hi>Apollonius Tyanaeus,</hi>
                        <note place="margin">Apud <gap reason="illegible" resp="#TECH" extent="1 word">
                              <desc>〈◊〉</desc>
                           </gap>.</note> 
                        <hi>Haec mihi dicta sint
de legibus, quas si tibi imperare non putaveris, ipse non imperabiis, If thou
doest not think these laws ought to rule over thee, thou shalt not rule at all.</hi>
                     </p>
                     <p>Upon this account a Prince may not command his Subjects to fight in
an unjust cause,<note place="margin">7.</note> according to that saying of S. <hi>Hierom,</hi>
                        <note place="margin">In Eph<gap reason="illegible" resp="#TECH" extent="2 letters">
                              <desc>••</desc>
                           </gap>. 6.</note> 
                        <hi>Cum Dominus carnis
à Domino Spiritús adversum imperat, non est obediendum;</hi> We must not
obey the Rulers of this world, the Lords of our flesh, when they com<g ref="char:EOLhyphen"/>mand
any thing contrary to the laws of the God and Lord of all Spirits.
<pb n="142" facs="tcp:58903:382"/>
The commands of Princes must be, as <hi>Tertullian</hi> saies, <hi>intra limites discipli<g ref="char:EOLhyphen"/>nae,
within the bounds of our religion;</hi> and therefore the <hi>Athenians</hi> laugh'd
at <hi>Stratocles</hi> for desiring them to make a law that whatsoever pleas'd King
<hi>Demetrius</hi> should be the measure of piety to the Gods, and of justice a<g ref="char:EOLhyphen"/>mongst
Men. Gods law is the measure of the Princes power; not his will
the measure of that: and therefore the <hi>Jews</hi> that were Souldiers under
<hi>Alexander</hi> could by no tortures be compell'd to assist in the building of the
temple of <hi>Belus</hi> in <hi>Babylon;</hi> and the <hi>Thebaean</hi> legion under <hi>Julian</hi> the A<g ref="char:EOLhyphen"/>postate
refused not to fight for their Prince against the Barbarians, and they
refused not to die, but they refused to be executioners of the Martyrs that
died in the cause of Christianity.</p>
                     <p>But this is to be practised that the Princes just laws be not neglected
upon the arrest of every fancy or foolish opinion.<note place="margin">8.</note> If it be certain that it
is against the law of God, then we are safe in our disobedience. <hi>Idcirco
Romanas leges contemnimus,</hi>
                        <note place="margin">In Martyrol. Rom.</note> 
                        <hi>ut jussa Divina servemus,</hi> said <hi>Sylvanus</hi> the
Martyr, Because we are sure these <hi>Roman</hi> laws are against the Comman<g ref="char:EOLhyphen"/>dements
of God, we easily despise them. But if we be not sure, but are
in doubt whether the laws be just or no, we are to presume for the laws, and
against our own fears. For nothing is at all of advantage due to the laws,
if we preferre before them any opinion of our own which we confess uncer<g ref="char:EOLhyphen"/>tain;
and although we are not to doe any thing of which we doubt, yet in
a doubt we are to obey laws, because there is a doubt on both sides: and
as we fear the thing is unjust, so we have reason to fear the evil of disobedi<g ref="char:EOLhyphen"/>ence,
for we are sure that is evil; and therefore we are to change the specu<g ref="char:EOLhyphen"/>lative
doubt into an active judgment, and a practical resolution, and of two
doubts take the surer part, and that is to obey; because in such cases the
evil, if there be any, is to be imputed to him that commands, not to him
that obeys, who is not the Judge of his Prince, but his Servant. <hi>Servus
herilis imperii non Censor est, sed Minister,</hi> said <hi>Seneca.</hi> They that are un<g ref="char:EOLhyphen"/>der
authority are to obey, not to dispute. But of this I have given an ac<g ref="char:EOLhyphen"/>count
already in the first Book, Chap. 5. Rule 6.</p>
                     <p>3. But then concerning the civil laws of his Country we are to distin<g ref="char:EOLhyphen"/>guish;<note place="margin">9.</note>
for some concern the People only, and some concern the Prince only,
and some are common to both. Those that concern the People are such
as require tribute, and labours, and manners of trade, their habits and
dwelling. In these and all such the people are obliged and not the Prince:
for the duties are either relative and concern their part only of the relation;
or else by the nature of the things themselves doe point out their duty,
&amp; in these things there is no question. For not the King but the people are
to pay tribute, &amp; the Kings lands are free, if they be in his own possession.</p>
                     <p>4. But there are some laws which concern the Prince alone,<note place="margin">10.</note> as all acts
of grace, and ease to the people; all that he hath been pleased to promise,
the forms and laws of Government, and to whatsoever himself hath con<g ref="char:EOLhyphen"/>sented,
by all those laws he is bound; because in such cases as these it is
true what <hi>Pliny</hi> said to <hi>Trajan</hi> in his <hi>Panegyric, In nostris, simili religione,
ipse te legibus subjecisti, Caesar, quas nemo Principi scripsit; sed tu nihil
amplius vis tibi licere quam nobis.</hi> The Prince had not a law imposed upon
him, but he became a law unto himself; and when he hath bound himself
there is the same necessity upon him as upon his Subjects.</p>
                     <p>
                        <pb n="143" facs="tcp:58903:382"/>
5. Other laws yet doe concern both Prince and people;<note place="margin">11.</note> such as are all
contracts and bargains. <hi>Licet serviant aedes meae, ei tamen cum quo agitur non
serviunt, quantum enim ad eum pertinet, liberas aedes habeo. l.</hi> 4. S<gap reason="illegible" resp="#TECH" extent="1 letter">
                           <desc>•</desc>
                        </gap> serv. vind.
<hi>Although my house is bound to serve the publick necessity, yet in respect of him
that contracts with me, my house is free.</hi> So also it is in the acquisition of new
rights, the repetition of the old, and generally in all those things that are
established by the law of Nature, or doe concern him personally, and not
in the capacity of a King.<note place="margin">L. 3. C. de r<gap reason="illegible" resp="#TECH" extent="1 letter">
                              <desc>•</desc>
                           </gap>
                           <g ref="char:EOLhyphen"/>sta. L. 6. C. qui test. <gap reason="illegible" resp="#TECH" extent="2 letters">
                              <desc>••</desc>
                           </gap>c. po.</note> Thus saith the law, <hi>In imperfecto testamento
nec Imperatorem haereditatem vendicare posse saepe constitutum est, The Prince
cannot be heir if the testament of the dead man be illegal.</hi> Sometimes and
in some places, it may be, fewer witnesses will serve in the Princes case then
in another mans, but then it is because fewer in his case are required by law;
but still the law is his measure as well as of his Subjects.</p>
                     <p>6. The great <hi>laws of the Kingdome</hi> doe oblige all Princes,<note place="margin">12.</note> though
they be supreme. Such were those which were called the laws of the
<hi>Medes</hi> and <hi>Persians;</hi> whose Princes, although they were the most abso<g ref="char:EOLhyphen"/>lute
and supreme, yet they were inferiour to those laws, as appears in the
Book of <hi>Daniel.</hi> These are by way of eminence call'd <hi>Leges Regni, the
Kingdomes laws.</hi> Such are the <hi>Golden Bull</hi> of the Empire; the <hi>law Salic</hi>
and the <hi>Pragmatical Sanction</hi> in <hi>France;</hi> the <hi>Magna Charta</hi> and the <hi>Peti<g ref="char:EOLhyphen"/>tion
of Right</hi> in <hi>England;</hi> and in other Countryes the like, as who please
may particularly for <hi>Spain</hi> see in <hi>Mariana.</hi>
                        <note place="margin">Lib. 20.</note> This is confess'd by all, and it
relies upon natural justice, the Prince having consented to it; it is either
<hi>sponsio Principis,</hi> or <hi>conditio regnandi;</hi> he was admitted either upon that
condition, or with it.</p>
                     <p>7. Whatsoever the Prince hath sworn to,<note place="margin">13.</note> to all that he is oblig'd not
onely as a single Person, but as King: for though he be above the laws,
yet he is not above himself, nor above his oath, because he is under God;
and he cannot dispense with his oath or promise in those circumstances and
cases in which he is bound. And therefore although the Prince is above
the laws, that is, in cases extraordinary and priviledg'd cases, and the mat<g ref="char:EOLhyphen"/>ter
of penalties; yet he is so under all the laws of the Kingdome to which
he hath sworn, that although he cannot be punish'd by them, yet he sins if
he breaks them. Not that the law does binde him, for it cannot binde
without a compulsory; and against him the law hath no such power: but
yet he is bound <hi>to the law,</hi> though not <hi>by it;</hi> the obligation comes not
from the law, but from other causes, from his promise, his oath, his con<g ref="char:EOLhyphen"/>tract,
his religion, his reputation, his fear, his hopes, his interest, and espe<g ref="char:EOLhyphen"/>cially
from God himself. For it is carefully to be observed in this parti<g ref="char:EOLhyphen"/>cular,
that though a promise gives a man right to the thing which is pro<g ref="char:EOLhyphen"/>mised,
it does not alwayes give him a right over the person. A King is
like him that promises a thing under a curse; if he fails, the injur'd per<g ref="char:EOLhyphen"/>son
is not to curse him, or to inflict the curse upon him, but that is to be
permitted to God alone. And therefore if a King swears to his People to
make no law without their consent, he is bound to perform his word; but
if he does not, God, and not they are to punish the perjury. The King's
promise, or cession, or acts of grace doe never lessen or part his power, but
they tie his person. An Act of Parliament in <hi>England,</hi> if it be made with
a clause of perpetuity, that if an act should be made to rescind it it should
be void, that first Act of it self is invalid. <hi>Clausulae deroganti si derogetur,
<pb n="144" facs="tcp:58903:383"/>
valet ut posterius testamentum, ita posterior constitutio,</hi> say the Lawyers,
Concerning which <hi>Cicero</hi> hath written an excellent epistle to <hi>Atticus, lib.</hi>
3. <hi>epist. ad Attic. epist.</hi> 24. It is as if a man should make a Will to annull
all future Wils of his own; it shews indeed that he had then a mind to
have that to be his standing will: but how if his mind change? <hi>Constan<g ref="char:EOLhyphen"/>tine</hi>
made a law, that Widows and Orphans should not be cited to the Em<g ref="char:EOLhyphen"/>perour's
Court for judgement, or compelled to come, though he himself
should command them: but yet if he did command them, that first rescript
stood for nothing. <hi>Antiochus</hi> the third commanded the Magistrates not to
obey him if he commanded any thing against the laws: but if he should
command any such thing, it were not safe for them to urge himself against
himself. The Roman Emperour bade his Officer use his Sword against
him if he broke the laws: but this gave him no power over his Prince in
case he had gone against the laws; it is nothing but a confident promise,
and an obligation of his honour and his conscience, of which God alone is
the Superiour and the Guardian.</p>
                     <p>The custome of supreme Princes swearing to govern by laws was very
antient:<note place="margin">14.</note> we finde an example of it amongst the Gothish Kings in <hi>Cassio<g ref="char:EOLhyphen"/>dore;</hi>
                        <note place="margin">Cassiod. var. l. 10. 16, 17.</note>
amongst the late Greek Emperours in <hi>Zonaras</hi> and <hi>Cedrenus. Ana<g ref="char:EOLhyphen"/>stasius</hi>
the Emperour sware to observe the decrees of the Council of <hi>Chal<g ref="char:EOLhyphen"/>cedon;
Adrian</hi> the Emperour sware that he would never punish a Senator
but by the sentence of the Senate; and <hi>Trajan</hi> having promised to rule
with justice and clemency, consecrated his head and right hand to the anger
of the Gods if he broke his word: and <hi>Plutarch</hi> tels, that the Kings of the
<hi>Cossari</hi> sware to the <hi>Epirots,</hi> that they would govern according to the laws.
And indeed abstracting from the oath and promise, Kings are bound by na<g ref="char:EOLhyphen"/>tural
justice and equity to doe so: for they are not Kings unless they go<g ref="char:EOLhyphen"/>vern;
and they cannot expect obedience, unless they tell the measures by
which they will be obeyed; and these measures cannot be any thing but
laws, which are at first the will of the Prince; and when they are publish'd
to the People, then they are laws, but not till they be established by re<g ref="char:EOLhyphen"/>wards
and punishments, which are the portion of the People good and bad.
Now this is the natural way of all good Government, there is no other;
and to govern otherwise is as unnatural as to give Children meat at their
ears, and hold looking-glasses at their elbows that they may see their
face. If Kings be not bound to govern their People by their laws, why are
they made? by what else can they be governed? by the will of the
Prince? The laws are so; onely he hath declar'd his will, and made it
certain and regular, and such as wise men can walk by, that the Prince may
not govern as Fools govern, or as a Lion does, by chance, and violence,
and unreasonable passions. <hi>Ea quae placuerunt, servanda,</hi> saith the law, <hi>l.</hi> 1.
<hi>ff. de pactis.</hi> If this had not been the will of the Prince, it had been no law;
but being his will, let it be stood to: when the reason alters, let his will
doe so too, and the law be chang'd, that the measures of right and wrong,
of obedience and disobedience may be known.</p>
                     <p>We have seen how Kings are bound;<note place="margin">15.</note> the next inquiry is, how they
are freed, and how they are superiour to laws. <hi>Antonius Augustinus</hi> sayes,
that by the <hi>Lex Regia,</hi> or the <hi>Jus Regium,</hi> Kings, that is, the Supreme
power,<note place="margin">Authen: si q<gap reason="illegible" resp="#TECH" extent="1 letter">
                              <desc>•</desc>
                           </gap>is de eden.</note> are onely freed from some laws: and this he gathers from the
words of the <hi>Royal law</hi> written to <hi>Vespasian, Uti quibus legibus ne Augu<g ref="char:EOLhyphen"/>stus
<pb n="145" facs="tcp:58903:383"/>
teneretur, iis Vespasianus solutus esset: quaeque ex quaque lege Augustum
facere oportuit, ea omnia Vespasiano facere liceat, Where</hi> Augustus Caesar
<hi>was free,</hi> Vespasian <hi>should be free: but those things which</hi> Augustus <hi>ought to
doe, all those</hi> Vespasian <hi>might.</hi> The word <hi>liceat</hi> in his case was modestly
put in; not but that <hi>oportuit</hi> had been the better word to express his obli<g ref="char:EOLhyphen"/>gation,
as well as the duty of <hi>Augustus:</hi> but it was therefore chosen to re<g ref="char:EOLhyphen"/>present
that to be <hi>expected</hi> from him, but could not be <hi>exacted;</hi> it was his
duty, but no compulsion lay near him: but certain it was, that the power
of the People being devolv'd upon him (for it had been a popular Govern<g ref="char:EOLhyphen"/>ment)
as the People were bound to the laws which themselves have made,
so was the Prince. The People were, for there was none else to keep
them: but therefore so was the Prince, for he had but the same power
which the People formerly had when they were Supreme. But then that
they were tied but to some laws, and not to others, is very true: but so,
that he was tied to all those laws which were intended to oblige him di<g ref="char:EOLhyphen"/>rectly,
and indirectly to all the rest, that is, to govern the People by their
measures onely.</p>
                     <p>But now if we inquire from what laws they were freed,<note place="margin">16.</note> and what
is the right of a King or the Supreme power more then of the People:
I answer,</p>
                     <p>1. It consists in that which we in <hi>England</hi> call <hi>The King's Prerogative;</hi>
in the Civil Law the <hi>Lex Regia,</hi> or <hi>Vespasian</hi>'s Tables; by the Jews <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>, the
<gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>, <hi>the statute</hi> or <hi>proper appointment of the King:</hi> the par<g ref="char:EOLhyphen"/>ticulars
of which are either described in the respective laws of every
People, or are in their customes, or else is a power of doing every thing that
he please that is not against the laws and customes of his People, without
giving a reason. <hi>Cum lege antiquâ, quae Regia nuncupatur,</hi>
                        <note place="margin">L. 1. ff. de con<g ref="char:EOLhyphen"/>stitut. Princip. &amp; § sed &amp; quod Principi. instit. de Jure Natur. &amp; praef. pandect. l. 1. ff. de offic. praef. praet. &amp; Cod. de vet. Jur. enucleand. l. 1. § sed &amp; hoc.</note> 
                        <hi>omne jus
omnísque potestas populi Romani in Imperatoriam translata sunt potestatem,</hi>
saith the law. Amongst the <hi>Romans</hi> that was the <hi>Jus Regium,</hi> that the
Prince could doe all that ever the People could: now what that was, we
find in <hi>Dionysius,</hi> by the concession of <hi>Romulus, Populus Magistratus creanto,
leges sciscunto, bella decernunto, The People might create Magistrates, make
laws, and decree peace and war.</hi> That is the Right of Kings, or the Su<g ref="char:EOLhyphen"/>preme
power.<note n="*" place="margin">Lib. 8.</note> 
                        <hi>Guntherus</hi> hath summ'd them up from the laws and cu<g ref="char:EOLhyphen"/>stomes
of the Empire, and some antient Italian Governments.
<q>
                           <l>Ac primum Ligures, super hoc à Rege rogati,</l>
                           <l>Vectigal prorsus, cudendae jura monetae,</l>
                           <l>Cumque molendinis telonia, flumina, pontes,</l>
                           <l>Id quoque quod<note n="*" place="margin">Fodder.</note> Fodrum vulgari nomine dicunt,</l>
                           <l>Et capitolicium certo sub tempore censum:</l>
                           <l>Haec Ligures sacro tribuerunt omnia fisco.</l>
                           <l>Haec &amp; siqua pari fuerunt obnoxia juri,</l>
                           <l>Praelati, proceres, missísque potentibus urbes</l>
                           <l>Libera Romano reliquerunt omnia regno.</l>
                        </q>
But the <hi>Jus Regium,</hi> what it is in the consent of Nations, who please may
see in <hi>Aristotle</hi>'s Politicks <hi>lib.</hi> 3, <hi>&amp;</hi> 4. in <hi>Polybius lib.</hi> 6. <hi>Herodotus in Eu<g ref="char:EOLhyphen"/>terpe,</hi>
in <hi>Halicarnassaus lib.</hi> 4, 5, 7. in <hi>Valerius Maximus l.</hi> 7. <hi>in Orat. quâ
suadet concordiam patrum &amp; plebis in fin.</hi> in <hi>Tacitus</hi> 4. <hi>Annal.</hi> in <hi>Suetonius
in Tiberio c.</hi> 30. <hi>in Dion. lib.</hi> 53. and in the later Politicks, <hi>Fabius Al<g ref="char:EOLhyphen"/>bergatus,
Zimara, Bodinus, Aretinus,</hi> and generally in the Commentators
upon <hi>Aristotle.</hi>
                     </p>
                     <p>
                        <pb n="146" facs="tcp:58903:384"/>
2.<note place="margin">17.</note> It consists in the King's immunity from obligation to some so<g ref="char:EOLhyphen"/>lemnities
of law to which his Subjects are oblig'd. <hi>Ratum esse actum,
etiamsi actio non habeat plenam rectitudinem, dum jus non desit,</hi> say the
Lawyers.<note place="margin">Comm. Pii 2. lib. 3.</note> Of which nature is that for which <hi>Aeneas Sylvius,</hi> afterwards
Pope <hi>Pius</hi> the second, laugh'd at <hi>Henry</hi> the sixth of <hi>England,</hi> that his
Publick Instruments had no Test but his own, and he wrote <hi>Teste meipso,
Witness our self:</hi> in which the King doth imitate the King of Kings, of
whom S. <hi>Austin</hi> sayes,<note place="margin">Lib. 20. de Ci<g ref="char:EOLhyphen"/>vit. Dei, c. 26.</note> 
                        <hi>Testem se dicit futurum, quia in judicio suo non indi<g ref="char:EOLhyphen"/>get
testibus.</hi> He swears by himself, because he hath none greater; and is
his own witness, because he needs no other: and it is enough that a King
sayes it, because his word ought to be great and venerable, as his Power
and his Majestie. And it was not onely in the matter of coercion, but of
solemnities,<note place="margin">Nov. 105.</note> true which <hi>Justinian</hi> said, <hi>Omnibus à nobis dictis Imperatoris
excipiatur fortuna, cui &amp; ipsas Deus leges subjecit, The fortune of the Em<g ref="char:EOLhyphen"/>perour
is to be excepted from the edge and from the forms of laws, because God
himself hath made the laws subject to the Emperour.</hi>
                     </p>
                     <p>3. The King is therefore <hi>solutus legibus,</hi>
                        <note place="margin">18.</note> or <hi>free from laws,</hi> because he
can give pardon to a Criminal condemn'd: for the Supreme power is not
bound to his own laws so, but that upon just cause he can interpose be<g ref="char:EOLhyphen"/>tween
the sentence and the execution. This the Stoicks allowed not to
any wise man, as supposing it to be against justice; and to remit <hi>due punish<g ref="char:EOLhyphen"/>ment,</hi>
is to doe what he ought not: for what is <hi>due</hi> is <hi>just,</hi> and what is a<g ref="char:EOLhyphen"/>gainst
that is <hi>unjust.</hi> All which is very true, but nothing to the purpose.
For it is true, that it is but just that Offenders should be punish'd; it is
due, that is, they are oblig'd to suffer it; <hi>poena debita ex parte reorum,</hi> it is
their debt, not the Kings; they are oblig'd, not he: and yet it is just in
him to take it, that is, he may: but he is not oblig'd in all cases to doe it.
And in this also he is an Imitator of the Oeconomy of God, who, according
to that of <hi>Lactantius, legem cum poneret non utique sibi ademit omnem pote<g ref="char:EOLhyphen"/>statem,
sed habet ignoscendi licentiam,</hi> God and the Vicegerent of God
when they make laws have not exauctorated themselves: but as that law
is an efflux of their authority, so it still remains within the same authority
that they can pardon Offenders. Thus <hi>David</hi> pardon'd <hi>Shimei</hi> and <hi>Joab,</hi>
and would fain have pardon'd <hi>Absalom,</hi> if the hand of <hi>Joab</hi> had not been
too quick for him. And this cannot be denied to the Supreme power, be<g ref="char:EOLhyphen"/>cause
the exercise of this is one of the greatest vertues of a Prince: which
was well observ'd by <hi>Pericles</hi> on his death-bed, when his weeping Friends
about him praised, some of them his Eloquence, some his Courage, some
his Victories, lifting up his head a little, <hi>Et quid hoc est?</hi> (saith he) <hi>aut par<g ref="char:EOLhyphen"/>va
aut fortuita laudatis: at illud maximum omittitis, quod mea opera nemo
pullam vestem sumperit.</hi> That he had no publick executions, that no man
was put to wear Blacks for his Friends, was a clemency greater then all the
praises of Eloquence, or a prosperous fortune.
<q>
                           <l>—Quisquis est placidè potens</l>
                           <l>Dominusque vitae,<note place="margin">Sen. Herc. Fur.</note> servat innocuas manus,</l>
                           <l>Et incrucentum mitis Imperium regit,</l>
                           <l>Animoque parcit, longa permensus diu</l>
                           <l>Permensus aevi spatia, vel Coelum petit,</l>
                           <l>Vel laeta felix nemoris Elysii loca.</l>
                        </q>
But all the World commends Clemency, the gentle hand of a Prince,<note place="margin">Senec. De cle<g ref="char:EOLhyphen"/>ment.</note> his un<g ref="char:EOLhyphen"/>willingness
to kill, his readiness to save: for, <hi>Principi non minus turpia multa
<pb n="147" facs="tcp:58903:384"/>
supplicia, quam Medico funera,</hi> Many executions are as great a dishonour
in a Princes reign, as many funerals in a Physitians practice: and therefore
<hi>Cassiodore</hi> saies that <hi>a good and a gentle Prince will sometimes pass the limits
of equity that he may serve the ends of clemency;</hi>
                        <note place="margin">Variat. 11.</note> 
                        <hi>quando sola est misericordia
cui omnes virtutes cedere honorabiliter non recusant,</hi> for to mercy all other
vertues count it honour to give place. And this <hi>Charls</hi> the 5<hi rend="sup">th</hi> and <hi>Maximi<g ref="char:EOLhyphen"/>lian</hi>
the second signified by their devise of an Eagle pearching upon a thun<g ref="char:EOLhyphen"/>derbolt,
with an Olive in her beak: and <hi>Nerva</hi> and <hi>Antoninus Pius</hi> im<g ref="char:EOLhyphen"/>press'd
upon their money a thunderbolt upon a pillow; to signify that
vindicative justice ought to sleep sometimes. * Now certainly this being
so great an excellency in a Prince, is not greater then his power. <hi>Imperatori
licet revocare sententiam, &amp; reum mortis absolvere, &amp; ipsi ignoscere; quia
non est subjectus legibus qui habet in potestate leges terrae,</hi> saith S. <hi>Austin.</hi>
The Emperor, who can make laws, is not subject to laws, or so tied to them
but that he may revoke his sentence and pardon a Criminal.</p>
                     <p>This I say is part of his Royalty;<note place="margin">19.</note> but is onely then to be practis'd
when it can consist with the ends of government, that is, when the pub<g ref="char:EOLhyphen"/>lick
interest can be preserv'd, and the private injury some other way re<g ref="char:EOLhyphen"/>compenc'd.
These indeed are the general measures not of the Princes
power, but of his exercising this power justly.</p>
                     <p>1. When the Criminal is a worthy person and can be beneficial to the
Republick.<note place="margin">20.</note> Thus in the Low Countries a pardon in ordinary cases of
felony is granted of course to him that can prove he hath invented some
new art: and one lately sav'd his life by finding out a way exactly to coun<g ref="char:EOLhyphen"/>terfeit
old medals.</p>
                     <p>2. If the person hath already deserv'd well of the publick.<note place="margin">21.</note> Thus
<hi>Horatius Cocles</hi> was spar'd though he kill'd his sister, because he got honour
and liberty and safety and dominion to <hi>Rome</hi> by killing the three brothers,
the <hi>Curatii:</hi> and <hi>Solomon</hi> spar'd the life of <hi>Abiathar</hi> the High Priest, be<g ref="char:EOLhyphen"/>cause
he bore the Ark before <hi>David,</hi>
                        <note place="margin">1 Kings 2. 26.</note> and was afflicted in all his troubles. *</p>
                     <p>3. When the Criminal can be amended,<note place="margin">22.</note> &amp; the case is hugely pitiable,
and the fact not of greatest malignity. Thus oftentimes we see young men
pardon'd, and the first fault lightly punish'd; and because young <hi>Caesar</hi>
was in the flower of his youth and a Princely boy, <hi>Sylla</hi> was more easily
prevail'd with for his pardon.</p>
                     <p>4. If the fault be private,<note place="margin">23.</note> and not brought to publick courts, it is
easily pardon'd, though delated by a private information, <hi>Conquiri ad ju<g ref="char:EOLhyphen"/>dicium
necesse non fuit:</hi> some things when they are made publick cannot be
dismiss'd, but are not to be inquir'd after. It was the advice of <hi>Cicero</hi> to
his Brother <hi>Quintus</hi> concerning a certain Criminal.</p>
                     <p>But all this is upon supposition that the crime be not of greatest mis<g ref="char:EOLhyphen"/>chief,<note place="margin">24.</note>
or foulest scandal and reproach; for if it be, nothing can be taken in
exchange for it; a great vertue cannot make compensation for a very great
crime: and this is particularly true of Treason, of which those words of
<hi>Bartolus</hi> are to be understood, <hi>De offensionibus erga dominum non est com<g ref="char:EOLhyphen"/>pensatio
ad servitia eidem impensa, The services done to a Lord cannot make
<pb n="148" facs="tcp:58903:385"/>
satisfaction for a conspiracy against him.</hi> And therefore the <hi>Romans</hi> caus'd
<hi>Manlius Capitolinus</hi> to be thrown headlong from that rock from whence
he had thrown the <hi>Gauls</hi> when he sav'd the city. He produc'd the spoils
of thirty enemies, forty donatives from Generals, two civic crowns, eight
murals; yet all would not save his life and get his pardon. But yet in these
things the supreme power is so free from laws that it does these things irre<g ref="char:EOLhyphen"/>gularly;
<hi>Clementiam liberum habere arbitrium,</hi> said <hi>Seneca, Clemency hath
a great liberty,</hi> and <hi>a free choice:</hi> but they are oblig'd onely to see that the
publick be not prejudic'd, and that every private interest be secur'd by
causing amends to be made to the injur'd person where it can; and then it is
true of every supreme Prince which <hi>Seneca</hi> advis'd <hi>Nero</hi> often to remem<g ref="char:EOLhyphen"/>ber,
<hi>Occidere contra legem nemo potest; servare nemo praeter me, No man at
all can put a man to death against the law; and none can save except the
Prince.</hi>
                     </p>
                     <p>4. The supreme power is above the laws,<note place="margin">25.</note> * because he can dispense,
* he can interpret them, * and he can abrogate them, * he can in time of ne<g ref="char:EOLhyphen"/>cessity
govern by the laws of reason without any written law, * and he is
the Judge of the necessity. Thus the Kings of <hi>Israel</hi> had power over the
judicial laws, though of the Divine sanction. For God forbad that the
corps of a Malefactor should hang after sun-set upon the accursed tree; but
yet <hi>Maimonides</hi> saies that the King <hi>suspendit &amp; relinquit suspensos diebus
multis, he hangs them and leaves them hanging for many daies;</hi> when it is
necessary by such terror to affright the growing impiety of wicked men;
that is, when the case was such that the laws were capable of equity or in<g ref="char:EOLhyphen"/>terpretation.
For this was not meerly an effect of his power, but of his
reason too. It was a custome among the Jews to condemn but one person
in one day, unless they were in the same crime, as the adulterer and the adul<g ref="char:EOLhyphen"/>teress;
but the King might condemn many at once when it was for the
interest of justice and the republick. Thus their King could by the pre<g ref="char:EOLhyphen"/>rogative
of his Majesty proceed summarily, sit in judgment alone without
assessors, condemn upon the testimony of one, and by the confession of the
party; which the <hi>Sanhedrim</hi> might not doe, but were tied to acquit him
that confess'd the fact. Add to these,<note n="*" place="margin">Vani capitis est existimare superiorem non posse evocare sine causae cog<g ref="char:EOLhyphen"/>nitione. <hi>Innoc. in c. ad aures de Temp. Ord.</hi>
                        </note> the Supreme can in some cases be
Judge and witness; that is, can himself condemn a criminal for what him<g ref="char:EOLhyphen"/>self
onely saw him doe. He can also be Judge in his own case; as if he be
injur'd, rail'd upon, defrauded, or the like: all which are powers above the
law, and here were to be nam'd for the understanding of the present Rule;
but how they are to be conducted is of distinct and special consideration, and
to be reserved to their proper places. I end this whole inquiry with that
of <hi>Statius,</hi>
                        <q>
                           <l>—quid enim terrisque poloque</l>
                           <l>Parendi sine lege manet? vice cuncta geruntur.</l>
                           <l>Alternisque premunt propriis sub Regibus omnis</l>
                           <l>Terra: premit felix Regum diademata Roma:</l>
                           <l>Hanc ducibus fraenare datum, mox crescit in illos</l>
                           <l>Imperium Superis—</l>
                        </q>
There is nothing in the earth but is under a law and tied to obedience: all
the earth are under Kings, and the Kings are under the <hi>Romans,</hi> and the
<hi>Romans</hi> under their Princes, and their Princes under God; who rules them
by his own laws, and binds them to rule by their Countries laws, and ties
them to doe justice, and is pleased when they shew mercy. But as they are
<pb n="149" facs="tcp:58903:385"/>
to doe justice by the sentence of the laws, so they must not shew mercy
against law; for even the prerogative of Kings is by law, and Kings are
so far above their laws, as the laws themselves have given leave. For even
the <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>, <hi>the remission of the rigor of the law,</hi> the very
Chancery and ease of laws is by law established.</p>
                  </div>
                  <div n="3" type="rule">
                     <head>RULE III. It is not lawfull for Subjects to rebel, or to take up
arms against the supreme Power of the Nation,
upon any pretence whatsoever.</head>
                     <p>WHen <hi>Nehemiah</hi> was deputed by <hi>Artaxerxes</hi> to be Governour of <hi>Ju<g ref="char:EOLhyphen"/>daea,</hi>
                        <note place="margin">1.</note>
and had commission to rebuild <hi>Jerusalem</hi> and the Temple, the
neighbour Kings that opposed him were enemies to <hi>Artaxerxes,</hi> because <hi>Ne<g ref="char:EOLhyphen"/>hemiah</hi>
was lieutenant to the King. <hi>He that despiseth me, despiseth him that
sent me,</hi> saith our Blessed Saviour. <hi>Senatus faciem secum attulerat, aucto<g ref="char:EOLhyphen"/>ritatem
reipublicae,</hi> said <hi>Cicero</hi> of one that was deputed and sent from the
Senate. He had the gravity of the Senate and the authority of the Com<g ref="char:EOLhyphen"/>monwealth.
Now this being true of the supreme Power in every Go<g ref="char:EOLhyphen"/>vernment,
that it is <hi>potestas Dei vicaria,</hi> it is the Minister of God, appoin<g ref="char:EOLhyphen"/>ted
by him, set in his place, invested with a ray of his Majesty, intrusted
with no Power but his, representing none but him, having received the
Sword from his hand, the Power of life and death from his warranty; it
must needs follow that he who lifts up his hand against that supreme Person
or Authority that God hath appointed over him is impious against God and
fights against him. This the Apostle expresly affirms, and there needs no
more words to prove the Rule, <hi>He that resists, resists the ordinance of God</hi> *.
He does not say, he that does not obey is disobedient to God, for that is
not true. Sometimes it is necessary not to obey, as it hapned to the captive
<hi>Jews</hi> under <hi>Nabuchodonosor,</hi> and to the Apostles under their Princes; they
could not obey God and them too: and then the case of Conscience was
soon resolved. But they that could not obey, could die; they could goe
into the fire, suffer scourgings and imprisonments, that was their <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>,
their great Sanctuary; which in behalf of the Christians <hi>Gregory Nazi<g ref="char:EOLhyphen"/>anzen</hi>
thus expresses, <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>,
<hi>I have but one remedy against
all my evils, one way to victory, thanks be to Christ, I can die for him:</hi> that's
<gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>, to obey where they can, and where they
cannot to be sure to lie down under the burden which they cannot carry.
For though in some cases it is lawfull not to obey, yet in all cases it is ne<g ref="char:EOLhyphen"/>cessary
not to resist.</p>
                     <p>I do not know any proposition in the world clearer and more certain
in Christianity then this Rule,<note place="margin">2.</note> and therefore cannot recount any greater
instance of humane infirmity then that some wise men should be abus'd in<g ref="char:EOLhyphen"/>to
a contrary perswasion. But I see that interest and passion are alwaies
the greatest arguments, where they are admitted. But I have an ill task
to write Cases of Conscience, if such things as these shall be hard to be
<pb n="150" facs="tcp:58903:386"/>
perswaded: for there are very few things in which any man is to hope for
half so much conviction as in this article lies before him in every topick;
and if I should determine no cases but upon such mighty terms as can be
afforded in this question, and are given, and yet we prevail not, I must ne<g ref="char:EOLhyphen"/>ver
hope to doe any service to any interest of wisedome or peace, of justice
or religion. And therefore I am clearly of opinion that no man who can
think it lawful to fight against the supreme power of his Nation, can be fit
to read Cases of Conscience; for nothing can ever satisfie him whose Con<g ref="char:EOLhyphen"/>science
is armour of proof against the plain and easy demonstrations of
this question. But this question is of the same nature as all clear and neces<g ref="char:EOLhyphen"/>sary
truths, never obscure but when it is disputed; certain to all men and
evident if they will use their own eyes; but if they call for glasses of them
that make a trade of it, it may chance not to prove so. But I will speak of
it with all easiness and simplicity.</p>
                     <p>1. The Scripture is plain,<note place="margin">3.</note> 
                        <hi>Curse not the King, no not in thy thought:</hi>
and,<note place="margin">Eccl. 10. 20. Eccles. 8. 2, 3.</note> 
                        <hi>I counsel thee to keep the Kings Commandement, and that in regard of the
oath of God—for he doth whatsoever pleaseth him. Where the word of a King
is,</hi>
                        <note place="margin">Prov. 30. 31.</note> 
                        <hi>there is power, and who may say unto him, What does thou? Against him
there is no rising up.</hi> There are many more excellent words in the Old Testa<g ref="char:EOLhyphen"/>ment
to this purpose; but nothing can be plainer then these dogmatically
to establish the doctrine of the Rule. No man can question him; no man
may rise up against him; he hath power, he hath all power; we are by the
law or the oath of God bound to keep his Commandement; and after all,
we must not reproach him in our secret thoughts. No man needs this last
precept but he that thinks the King is an evil man, or hath done wrong:
but suppose he have, or that he is suppos'd to have, yet Curse him not,
<hi>Doe not slight him,</hi>
                        <note place="margin">
                           <gap reason="foreign">
                              <desc>〈 in non-Latin alphabet 〉</desc>
                           </gap>
                        </note> so it is in the Hebrew; <hi>Regi ne detrahas,</hi> so it is in the
Vulgar Latine, <hi>Disparage not the King:</hi> but the Chaldee paraphrase addes,
<hi>Even in thy Conscience, in the secrets of thy heart speak not evil of the King,
and in the closets of the chambers of thy house speak, not evil of the wise man;
for the Angel</hi> Raziel <hi>does every day from heaven cry out upon the mount of</hi>
Horeb, <hi>and his voice passes into all the world: and</hi> Eliahu, <hi>the great Priest,
flies in the aire of heaven like a winged Eagle, and tells the words which are
spoken in corners by all the inhabitants of the earth.</hi> By the way I onely ob<g ref="char:EOLhyphen"/>serve
this, that we are forbidden to <hi>speak evil of the rich</hi> or the mighty
man, the <hi>wise man,</hi> so the Chaldee calls him, that is, the Princely men of
the world, the Magistrates and Nobles, whom S. <hi>Peter</hi> calls <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>,
<hi>Captains</hi> or <hi>rulers sent by the King:</hi> of these we
must say no evil in our private houses, lest a bird of the aire, lest that
which hath wings, that is, lest the Angel that attends us orders it so as to
pass into publication; for the government of the other world reaches
strangely even to us, and we speak not a word in vain, but by the Divine
providence it is dispos'd to purposes that we understand not. But when he
speaks of the King or the supreme, whom S. <hi>Peter</hi> calls <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>, then
it is <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>,
call him not accursed in thy heart, not so much as in thy thought; which
because it is only perceiv'd by God who is the searcher of the heart, it shews
plainly that as Angels take care of the rich and the wise, the mighty and
the Nobles, so Kings are the peculiar care of God, who is the King of
Kings and the Lord of Lords. But then (to leave all curiosities) if we may
not speak or think reproachfully of the King, we may not doe that which
<pb n="151" facs="tcp:58903:386"/>
is more and that which is worse: and I think there needs no more to be
said. But it is as clear all the way.</p>
                     <p>In the New Testament,<note place="margin">4.</note> sufficient are the excellent words of our
Blessed Saviour, <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap> 
                        <hi>not to resist evil,</hi> that is, not to stand
against it, not to oppose evil to evil; which obliges all Christians that at
least without the magistrate they cause no return of evil to the offending
person; that no man be his own avenger, for vengeance belongs to God,
and he hath delegated that to none but to the supreme Magistrate, who is
<gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>, <hi>Gods minister to be a revenger of wrath under
him.</hi> Now if no man must pay evil to his brother that hath injur'd him
but by the hand of the supreme power, how can it be possible that it can be
lawful to render evil for evil to the supreme power it self? by whose hands
shall that be done? by none but by his Superior, who is God alone, who
will take care to punish evil Kings sufficiently: onely we must not doe it;
we must not pray him to doe it; for that is expressly against the words of
<hi>Solomon,</hi> that's <hi>cursing the King in our thought,</hi> and not at all to be done.
But besides this there are many more things spoken by our Blessed Lord to
determine us in this affair. <hi>Render to Cesar the things that are Cesars;</hi> and
to <hi>Pilate</hi> Christ said, <hi>Thou shouldest have no power over me unless it were gi<g ref="char:EOLhyphen"/>ven
thee from above;</hi> meaning that <hi>Cesars</hi> power, whose Deputy <hi>Pilate</hi> was,
was deriv'd from God, and consequently that, except God, none is greater
upon Earth then <hi>Cesar:</hi> and again, <hi>If my Kingdome were of this world, my
servants would fight for me;</hi> which plainly enough confirms the power of the
<hi>Militia</hi> in the supreme Magistrate, Christ leaving it where he found it.</p>
                     <p>But that there may be no dispute concerning these things,<note place="margin">5.</note> the Apo<g ref="char:EOLhyphen"/>stles,
who are expounders of the words of Christ and the meaning of his
Spirit, tell us plainly, <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>, to be subject <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>
                        <hi>to supreme powers;</hi> the same with S. <hi>Peter's</hi> 
                        <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>, <hi>to the
King as to the Supreme,</hi> that is to the King, if he be a King indeed, if he be
the supreme; to be subject to these powers, and not to resist, for these
reasons. 1. Because this supreme power is ordain'd of God: 2. Because he
that resists, resists God whose minister the Prince is: 3. Because God hath
arm'd the powers which he ordain'd with a sword of power and revenge:
4. Because it is for our good that we submit to him; for he is Gods mi<g ref="char:EOLhyphen"/>nister
for good, that is, for the publick good, under which thine is compre<g ref="char:EOLhyphen"/>hended:
5. Because it is <hi>necessary;</hi> the necessity being apparent in the na<g ref="char:EOLhyphen"/>ture
of the thing and in the Commandement of God: 6. Because God hath
bound our Conscience to it: 7. He hath tied this band upon us with fear
also: and 8. lastly, because whoever does not obey where he may lawfully,
and whosoever does in any case resist, shall receive damnation to himself
both here and hereafter; here upon the stock of <hi>fear,</hi> hereafter upon the
account of <hi>conscience;</hi> for both for fear and for Conscience we must obey in
good things and lawful, &amp; we must not resist in any. For indefinitely we are
commanded not to resist, without any distinction reservation of case; and
<hi>Ubi lex non distinguit, nemo distinguere debet.</hi> He that will goe about to be
wiser then the law, in equity will not be better then a fool. This therefore
is the summe of S. <hi>Pauls</hi> discourse, <hi>Rom.</hi> 13. <hi>per totum.</hi>
                     </p>
                     <p>S. <hi>Paul</hi> was the Doctor of the Gentiles,<note place="margin">6.</note> S. <hi>Peter</hi> of the Jews: and
therefore this doctrine is sufficiently con<gap reason="illegible" resp="#TECH" extent="1 letter">
                           <desc>•</desc>
                        </gap>ign'd to all the world: for S. <hi>Peter</hi>
                        <pb n="152" facs="tcp:58903:387"/>
hath preach'd this doctrine as largely as S. <hi>Paul,</hi>
                        <note place="margin">1 Pet. 2. 13, ad 17. vers.</note> 
                        <hi>Submit your selves to every
ordinance of man, for the Lord,</hi> that is, for his sake, upon his Commande<g ref="char:EOLhyphen"/>ment
and for his honour; these ordinances being Gods ordinances, <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>,
<hi>they are ordain'd by God,</hi> all of them, the King principally, his cap<g ref="char:EOLhyphen"/>tains
&amp; officers which he hath sent, in the next place. But him and his Mini<g ref="char:EOLhyphen"/>sters
we must receive &amp; honour and obey, &amp; submit to them; for it is Gods
case &amp; his Ministers; God &amp; his Ministers &amp; Lieutenants, the King &amp; his. He
that despises him whom the King sends, despises the King; and he that despi<g ref="char:EOLhyphen"/>ses
him whom God sends or makes his deputy, despises God. Submit there<g ref="char:EOLhyphen"/>fore,
for it is the will of God; Submit, for this is <hi>well-doing;</hi> Submit, for so <hi>we
shall put to silence the ignorance of foolish men:</hi> Meaning that since the enemies
of Christ are apt to speak evil things of you, glad would they be if they had
cause to accuse you for not being obedient to government; and some are
ignorant and foolishly pretend the liberty and priviledges of Saints against
the interests of obedience; the mouths of these men must be stopp'd,
and you must submit to Kings, that you may please God and confute the ad<g ref="char:EOLhyphen"/>versaries.
Now the specification of this great duty and the particular case
of Conscience follows; <hi>Fear God, Honour the King: Servants be obedient
to your Masters; not onely to the good and gentle, but also to the froward.</hi> 
                        <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>,
<hi>for this is thank-worthy:</hi> and this is full to the question in hand.
For the general precept which S. <hi>Peter</hi> gave is, <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>,
<hi>submit to every ordinance,</hi> to the King, to his Magistrates or deputies
&amp; captains, and lastly submit to the lowest of all dominions, even servants to
their masters; not onely to the good and gentle, but to the morose and
harsh. Now if so to inferiour masters, whose dominion is no greater then
their interest, &amp; their interest is no greater then their price, and is still under
the power of Kings; much more to Kings or to the supreme power. * And
indeed even subjection to Kings is the gentlest and most eligible kind of
<hi>service. Then would my servants fight,</hi> said Christ, meaning it of the sub<g ref="char:EOLhyphen"/>jects
of his Kingdome: and <hi>Livy</hi> cals <hi>populum Romanum servientem cum
sub Regibus esset,</hi> they did serve their Kings. * And indeed as the Go<g ref="char:EOLhyphen"/>vernments
of the world then were, Kings were most absolute, and the
people intirely subject, and far from liberty: and therefore this of servants
might very well be a specification and a particular of their duty to Kings &amp;
Captains; and whether it were or no, it is for the former argument [<hi>from
the less to the greater affirmatively</hi>] infinitely certain that the same duty is
due to Kings though harsh and cruel: for indeed there were then none else;
<hi>Nero</hi> was the supreme, and he was none of the best that ever wore purple.</p>
                     <p>It were very easy to draw forth more arguments from Scripture to
this purpose;<note place="margin">7.</note> but I forbear to name more then this abundance which is
contain'd in these now cited: but I shall not omit to observe that the Apo<g ref="char:EOLhyphen"/>stles
did make use of that argument which I urg'd out of <hi>Solomon,</hi> that <hi>we
are not to speak evil of the King;</hi> from whence the unlawfulness of resisting is
unanswerably concluded:<note place="margin">Jude 8.</note> for S. <hi>Jude</hi> giving the character of the worst of
men and the basest of hereticks, reckons up in the bill of their particulars,
that <hi>they despise dominion and speak evil of dignities;</hi> which as it is an infal<g ref="char:EOLhyphen"/>lible
mark of an evil person, so it is a using of a Prince worse then S. <hi>Michael</hi>
the <hi>Archangel</hi> durst use the Devil; against whom, because he was a Spirit
of an higher order, though foully changed, he durst not bring a railing
accusation, <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap> 
                        <hi>a judgment</hi> or <hi>accusation with blasphemy
in it:</hi> for all evil language of our Superior is no better then blasphemy;
<pb n="153" facs="tcp:58903:387"/>
                        <hi>He did blaspheme God and the King,</hi> was the crime pretended against <hi>Naboth.</hi>
                     </p>
                     <p>If from the plain words of Scripture we descend to the doctrine and
practices of the Church of God,<note place="margin">8.</note> we shall find that all Christians when they
were most of all tempted, when they were persecuted and oppress'd, kill'd
and tormented, spoil'd of their goods, and cruelly and despitefully us'd, not
onely did not rebel when they had power and numbers, but profess'd it to
be unlawful. But this I shall draw into a <hi>compendium;</hi> because it being but
matter of fact, and the matter in Scripture being so plain that it needs no
interpretation, the practice and doctrine of the Church, which is usually the
best commentary, is now but of little use in a case so plain. But this also is
as plain it self, and without any variety, dissent or interruption, universally
agreed upon, universally practis'd and taught, that let the powers set over
us be what they will, we must suffer it, and never right our selves. <hi>Tertul<g ref="char:EOLhyphen"/>lian</hi>
boasts with confidence, that when <hi>Pescennius Niger</hi> in <hi>Syria,</hi> and <hi>Clo<g ref="char:EOLhyphen"/>dius
Albinus</hi> in <hi>France</hi> and <hi>Britanny</hi> rebell'd against <hi>Septimius Severus</hi> a
bloody and cruel Emperour, and pretended piety and publick good, yet
none of the Christians joyn'd with either. The <hi>Theban</hi> legion in the 18<hi rend="sup">th</hi>
year of <hi>Diocletian</hi> suffer'd themselves to be cut in pieces every man, six
thousand six hundred sixty and six in number, by <hi>Maximianus</hi> the Empe<g ref="char:EOLhyphen"/>rour;
no man in that great advantage of number and order and provo<g ref="char:EOLhyphen"/>cation
lifting up their hands,<note place="margin">Biblioth. PP. Tom. 8. edit. Binian.</note> except it were in prayer: of these <hi>Venantius For<g ref="char:EOLhyphen"/>tunatus</hi>
hath left this Memorial,
<q>
                           <l>Queis positis gladiis sunt arma è dogmate Pauli,</l>
                           <l>Nomine pro Christi dulcius esse mori.</l>
                           <l>Pectore belligero poterant qui vincere ferro</l>
                           <l>Invitant jugulis vulnera chara suis.</l>
                        </q>
They laid down their weapons and lift up their arms; they prayed and
died in order: and this they did according to the doctrine of S. <hi>Paul.</hi> But
when <hi>Julian</hi> was Emperour, an apostate from his religion, a great perse<g ref="char:EOLhyphen"/>cutor
of the Christians,<note place="margin">Orat. 1. in Julian.</note> and who by his cruelty (as <hi>Nazianzen</hi> observes)
brought the commonwealth it self in danger, though his army did most
consist of Christians, yet they had arms for him, but none against him, save
onely that by prayers and tears they diverted many of his damnable coun<g ref="char:EOLhyphen"/>sels
and designs. But the particulars are too many to recite what might be
very pertinent to this question from Antiquity. I shall therefore serve the
interest of it as to this topick by pointing out the writings of the ancient
Doctors where they have given testimony to this great article of our reli<g ref="char:EOLhyphen"/>gion,
which who please may find in <hi>S. Clement constit. l.</hi> 7. <hi>c.</hi> 17. <hi>S. Irenaeus
lib.</hi> 5. <hi>Advers. haeres. c.</hi> 20. <hi>Justin Martyr, Apolog.</hi> 2. <hi>ad Antonin. Imperato<g ref="char:EOLhyphen"/>rem,
Tertullian ad Scapulam, &amp; Apolog. adv. Gent. cap.</hi> 30. <hi>S. Cyprian ad
Demetrianum, Hosius apud Athanas. ad solitariam vitam agentes, Liberius
ibid. S. Hilary ad Imperat. Constantium, S. Athanasius ad Antioch. quaest.</hi> 55.
<hi>&amp; Apolog. ad Constant. vide etiam factum Basilii in Monodia Nazianz. inter
opuscula Basilii, Nazianzen.</hi> 2. <hi>orat. contr. Julian. Optatus Milevitanus lib.</hi> 3.
<hi>contr. Parmen. S. Chrysostom. orat.</hi> 2. <hi>ad pop. Antioch. tom.</hi> 6. <hi>edit. Savil.</hi>
                        <note n="*" place="margin">Et in 1 Ti<g ref="char:EOLhyphen"/>moth. c. 2. v. 1.</note> 
                        <hi>S. Ambrose Epist.</hi> 33. <hi>ad Marcellinam, S. Cyril. in Evang. Johan. l.</hi> 12. <hi>c.</hi> 36.
<hi>S. Hieron. comment. in</hi> 2. <hi>Dan. S. Augustin. lib.</hi> 4. <hi>de civit. Dei, c.</hi> 33.
<hi>&amp; lib.</hi> 5. <hi>c.</hi> 21. <hi>&amp; in Psalm.</hi> 124.<note n="*" place="margin">Et Epist. 54. ad Macedon. &amp; tract. 6. in Johan.</note> 
                        <hi>Anastasius P. epist. unic. ad Anastasium
Imper. Symmachus P. ad eundem Anast. Imp. Leo P. ad Leonem Imperat. &amp;
epist.</hi> 13. <hi>ad Pulcheriam, S. Gregor. Mag. Epist. l.</hi> 7. <hi>ep.</hi> 1.</p>
                     <p>
                        <pb n="154" facs="tcp:58903:388"/>
After him succeeded (<hi>Sabinianus</hi> being interpos'd for one year onely)
<hi>Boniface</hi> the third,<note place="margin">9.</note> who obtain'd of <hi>Phocas</hi> to be called universal Bishop:
since when <hi>periit virtus Imperatorum, periit pietas Pontificum,</hi> saies one, <hi>the
Kings lost their strength and the Bishops lost their piety;</hi> yet in the descending
ages God wanted not many worthy persons to give testimonies to this great
truth and duty. Such were <hi>Stephen the sixth</hi> apud <hi>Baronium tom.</hi> 10. <hi>A. D.</hi>
885. <hi>n.</hi> 11. <hi>Gregorius Turonensis hist. lib.</hi> 5. <hi>cap.</hi> 1. <hi>Concil. Toletan.</hi> 5. <hi>can.</hi> 2.
<hi>&amp; Concilium Toletan.</hi> 6. <hi>c.</hi> 14. <hi>Fulgentius parallel. ad Thrasimundum Regem,
Damascen. parallel.</hi> 1. <hi>c.</hi> 21. <hi>V. Bede, lib.</hi> 4. <hi>expos. in Samuel. Leo</hi> 4. <hi>cap. de
capitulis, dist.</hi> 15. <hi>S. Bernard epist.</hi> 221. <hi>to Lewis le Gros: vide etiam epist.
Walthrami Epis. Nanumberg. quae habetur in appendice Mariani Scoti.</hi>
                     </p>
                     <p>Now it is very observable that in the succession of about six Ages,<note place="margin">10.</note> in
which the Holy Doctors of the Church gave such clear testimony of the
necessity of obeying even the worst Princes, and many thousands of holy
Christians sealed it with their blood, there was no opposition to it; and
none of any reputation, no man of learning did any thing against the interest
or the honour of Princes, excepting onely (so far as I have observed) <hi>Lu<g ref="char:EOLhyphen"/>cifer
Calaritanus,</hi> who indeed spake rude and unbeseeming words of <hi>Constan<g ref="char:EOLhyphen"/>tius</hi>
the Arrian Emperor; but that he may lessen nothing of the universal
consent to this doctrine,<note place="margin">Orat. in obit. fratr. Satyri.</note> S. <hi>Ambrose</hi> does lessen very much of his reputation,
saying that through he was with the true believers banished for religion, yet
he separated himself from their Communion. But in the next period, I
mean after <hi>Gregory</hi> the Great, it was not unusual for the Bishops of <hi>Rome</hi>
to stirre up subjects to rebel against their Princes, and from them came the
first great declension and debauchery of the glory of Christian loyalty and
subjection to their Princes; witness those sad stories of P. <hi>Gregory</hi> the
seventh, P. <hi>Urban</hi> and <hi>Paschal,</hi> who stirred up the Emperors Son against the
Father. I speak it to this purpose, because it produc'd an excellent epistle
from the Church-men of <hi>Liege</hi> in behalf of the Emperor and of their Bishop,
who with his Chapter was excommunicated for adhering to his loyalty, and
<hi>Robert</hi> Earl of <hi>Flanders</hi> commanded by the Pope to destroy him and all his
Priests. But in behalf of Princes &amp; the duty of subjection to them many ex<g ref="char:EOLhyphen"/>cellent
things were spoken, divers judgments of God fearfully falling upon
rebellious people are recited, not onely in that Epistle of the Clergy of <hi>Liege,</hi>
but in the life of <hi>Henry</hi> the 4<hi rend="sup">th,</hi>
                        <note place="margin">apud Simon. Scard.</note> Emperor, <hi>in fasciculo rerum sciend.</hi> published
at <hi>Colen.</hi> From all these Fathers and Ancient Authors now cited, <hi>magnum
mundo documentum datum est</hi> (that I may use the words of the Author of the
book last cited) <hi>a great instruction and caution is given to the whole world
that no man rise up against his Prince.</hi> For all these Authors give clear and
abundant testimony to these truths, That the power of the supreme Ma<g ref="char:EOLhyphen"/>gistrate
is immediately from God, * That it is subject to God alone, * That
by him alone it is to be judged, * That he is the governor of all things and
persons within his dominions, * That whosoever speaks reproachfully of
him cannot be innocent, * That he that lifts up his hand against him strikes
at the face of God, * That God hath confounded such persons that against
the laws of God, and their own oaths, and the natural bonds of fidelity, have
attempted to spoil their supreme Lords, That <hi>Herman</hi> and <hi>Egbert</hi> that did
so were confounded for so doing, as though they had never been, That <hi>Ru<g ref="char:EOLhyphen"/>dolphus</hi>
had his hand cut off and felt divers other of the divine judgments
for this impiety. And this being the constant universal doctrine of the
Church of God for 1200. years, and this derived from the plain, the ex<g ref="char:EOLhyphen"/>press,
<pb n="155" facs="tcp:58903:388"/>
the frequent sayings and Commandements of God in the Old and
New Testament, declared by his Prophets and Apostles, and by his most
holy Son himself, nothing can with greater certainty determine and conduct
our Conscience then this Rule. For the confirmation of which I remember
S. <hi>Bernard</hi> tells a pretty little story, in a Sermon upon these words of Christ,
<hi>I am the Vine: Bene quidam Rex cùm percussus humanâ sagittâ,</hi> &amp;c. <hi>It was
well said of a King who being wounded with a barbed arrow,</hi> they that were
about him desired he would suffer himself to be bound till the head were
cut out, because the least motion irregular would endanger his life; he an<g ref="char:EOLhyphen"/>swer'd,
<hi>Regem ligari nullo modo decet, A King must at no hand be bound;</hi> let
the King be ever safe, but let his power be at liberty. I end this topick
with the words of S. <hi>Austin</hi> and of the sixth Councel of <hi>Toledo,</hi>
                        <note place="margin">lib. 5. de Civit. Dei. c. 21.</note> 
                        <hi>Non tri<g ref="char:EOLhyphen"/>buamus
dandi regni atque imperii potestatem nisi vero Deo, Let us attribute
the power of giving the right of empire to none but to the true God alone. Ille
unus verus Deus qui nec judicio nec adjutorio deserit genus humanum, quando
velit &amp; quantum voluit Romanis regnum dedit: qui dedit Assyriis, vel etiam
Persis; qui Mario, ipse Caio Caesari; qui Augusto, ipse &amp; Neroni; qui Ve<g ref="char:EOLhyphen"/>spasiano,
vel Patri vel Filio, suavissimis Imperatoribus, ipse &amp; Domitiano
crudelissimo; &amp; ne per singulos ire necesse sit, qui Constantino Christiano,
ipse Apostatae Juliano. Hoc planè Deus Unus verus regit, &amp; gubernat ut
placet. The one true God, who never leavs mankind destitute of right and help,
hath given a kingdome to the</hi> Romans, <hi>as long as he please and as much as he
please. He that gave the supreme power to the</hi> Assyrians, <hi>he also gave it to
the</hi> Persians. <hi>He that gave it to</hi> Marius <hi>a common Plebeian, gave it to</hi> Caius
Caesar <hi>who was a Princely person. The same authority he gave to</hi> Nero <hi>that
he gave to</hi> Augustus; <hi>he gave as much power and Authority to the most cruel</hi>
Domitian <hi>as he gave to</hi> Vespasian <hi>and to</hi> Titus <hi>the gentlest and the sweetest
Princes; and to be short, he gave the Authority to</hi> Constantine <hi>the Chri<g ref="char:EOLhyphen"/>stian,
and the same afterwards to</hi> Julian <hi>the Apostate: for this great affaire
he rules and governs as he please.</hi>
                     </p>
                     <p>But all this is no more then what natural and necessary reason does
teach all the world:<note place="margin">11.</note> 
                        <hi>Hanc Deus &amp; melior litem natura diremit.</hi> For this
which I have alleaged from the Fathers is properly a religious reason. It is
Gods power which is in the supreme Magistrate, whether he be good or bad:
therefore whoever rebels against him, rebels against the power and dispen<g ref="char:EOLhyphen"/>sation
of God; and to this there is nothing reasonable to be oppos'd. But
then that which I am now to say is deriv'd to us by the reason that every
man carries about him, by the very law of Nature.
<q>
                           <l>Naturam vero appello legem Omnipotentis</l>
                           <l>Supremique Patris, quam prima ab origine rerum</l>
                           <l>Cunctis imposuit rebus, jussitque teneri</l>
                           <l>Inviolabiter.—</l>
                        </q>
By the law of Nature I mean the prime law of God which he unalterably
impos'd upon all men in their first Creation, that by reason and wise dis<g ref="char:EOLhyphen"/>courses
they should govern themselves in order to that end which is per<g ref="char:EOLhyphen"/>fective
of humane nature and society. The law of nature is the law of God
which is reasonable and necessary to nature: now by this law or necessary
reason we find it very fit that we should devest our selves of the practice
and exercise of some rights and liberties which naturally we have. So <hi>Ari<g ref="char:EOLhyphen"/>stotle</hi>
observes,<note place="margin">Polit. 7. c. 13.</note> 
                        <hi>Homines adductos ratione multa praeter mores &amp; naturam
agere, si aliter agi melius esse sibi persuaserint, Men doe somethings against
<pb n="156" facs="tcp:58903:389"/>
their natural inclination, if by natural reason they find it best to doe so.</hi> Now
Nature having permitted every man to defend himself as well as he can
against violence, did by an early experience quickly perceive that few men
had power enough to doe it against every violent man; and therefore they
drew into societies, gather'd their strength, and it was put into the hands of
them who by a joyn'd strength could, and by promise and interest and
duty would doe it: and by this means the societies had peace, and might
live quietly. Now the natural consequent is this, that if all our
power is united and intrusted to one head, we must not keep it in
our hands. If the supreme power be the avenger, we must not meddle;
if he be Judge, we must submit, for else we are never the nearer to peace.
For when we were so many single persons we were alwaies in warre, but by
unity and government we come to peace: therefore whatever we could
doe alone, we having put into the common stock, our natural right of de<g ref="char:EOLhyphen"/>fence
is in the publick hand, and there it must remain for ever; and we are
to be defended by the laws, and they onely are now the ministeries of peace.
This is S. <hi>Pauls</hi> argument, <hi>I exhort that prayers and supplications be made
for all men;</hi>
                        <note place="margin">1 Tim. 2. 2.</note> 
                        <hi>for Kings and all that are in authority, that we may lead a quiet
and a peaceable life in all godliness and honesty:</hi> plainly implying that the
security and peace of societies depends upon the power and authority of
Kings and persons in eminency and trust: for none must make warre but
he that does it for all mens interest; and therefore it is peace with all that
are under government: but then that which is designed to keep peace must
feel to warre from them whom it is designed to keep in peace, that they
may not feel the evils of warre. It government be necessary, it is ne<g ref="char:EOLhyphen"/>cessary
that we should obey it; if we must obey it, we must not judge it;
if we must not judge it, we may not endeavour to punish it: and there is
nothing in the world a greater destruction to it's own ends, then the resist<g ref="char:EOLhyphen"/>ing
or rebelling against government; because if we be above it, how are we
subjects? if subjects, how are we it's Judges? if no Judges, how can we be
avengers? if no avengers, why are we not quiet and patient? If we be not
above, we are below; and therefore there let us abide: but if we be above,
then we are the supreme power; and then it is all one. That which is said
all this while concerns the subjects, and not the Supreme, to whom by our
natural necessities, by a general contract of mankind, by the law of nations,
by the command of God, and by the civil laws of all republicks the subject
is bound,<note place="margin">lib. 3. Confess. cap. 8.</note> and does owe obedience and maintenance, and honour and peace.
<hi>Generale pactum est societatis humanae obedire Regibus suis,</hi> said S. <hi>Austin, It
is a covenant that all mankind have agreed in, to be obedient to their Kings.</hi>
                     </p>
                     <p>But all this is true:<note place="margin">12.</note> but since Kings are for defence and Justice, for
good and not for evil, for edification and not for destruction, good Kings
must be obeyed; but what if they be evil and unjust, cruel and unreasonable
enemies of their people, and enemies of mankind?</p>
                     <p>This is that I have been saying all this while,<note place="margin">13.</note> that let him be what
he will, if he be the supreme, he is superior to me, and I have nothing to
doe, but something to suffer; let God take care, if he please, I shall be
quickly remedied, till then I must doe as well as I can. For if there be any
case in which the subjects may resist, who shall be Judge of that case? can
this case be evident and notorious? and does it alwaies consist in <hi>indivisibili?</hi>
If it does not, then many things are like it, and who can secure that the sub<g ref="char:EOLhyphen"/>jects
shall judge right? For if they were infallible, yet who will engage that
<pb n="157" facs="tcp:58903:389"/>
they will not doe amiss? what warrantly have we against the ambition and
the passion and the interest of the reformers of supreme powers? And is it
not better to suffer inconvenience from one then from every one that
please? But if you allow one case, you must allow as many as can be reduc'd
to it; and who is not witty enough against Governours, to find excuses
enough to bring them down?</p>
                     <p>2. What remedy is there is case the supreme power be ill administred?<note place="margin">14.</note>
will not any remedy bring greater evils then the particular injustices which
are complain'd of? It was well said of <hi>Xenophon,</hi> 
                        <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>,
<hi>He that opposes his Gene<g ref="char:EOLhyphen"/>ral</hi>
and Prince,<note place="margin">Dion. Cassius.</note> 
                        <hi>opposes his own safety.</hi> For consider, <hi>what order can be in a
family, if the boys rule their Fathers and rebel against their command? How
shall the sick be cur'd, if they resist the advice and prescriptions of the Physicians?
And they that sail are like to suffer shipwrack, if the Boat swain and the Swabbers
and the boys shall contradict the Master. So it is impossible that there can
be safety in a common-wealth, if they who are appointed to obey shall offer
to rule.</hi> 
                        <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>,
<hi>For by nature it is necessary and profitable and order'd
accordingly, that one should rule and the rest should be obedient.</hi>
                     </p>
                     <p>And therefore these wild cases are not to be pretended against that
which natural reason and natural necessity have established.<note place="margin">15.</note> We cannot
suppose a King that should endeavour to destroy his Kingdome. We may
as well suppose a Father to kill his children, and that therefore in some cases
it may be lawful for children to rebel against their Fathers, turn them out
of doors, &amp;, as they see occasion, cut their throats that the inheritance may
be theirs. Whom can we suppose worse then <hi>Julian,</hi> then <hi>Domitian,</hi> then
<hi>Nero?</hi> and yet these Princes were obeyed, and did never proceed to the
extremity of such desperate hostilities: Nay <hi>Nero,</hi> as bad as he was, yet
when he was kill'd, was quickly miss'd; for in a few moneths three Princes
succeeded him, and there was more blood of the Citizens spilt in those few
moneths then in <hi>Nero's</hi> fourteen year. And who please both for their plea<g ref="char:EOLhyphen"/>sure
and their instruction to read the <hi>Encomium</hi> of <hi>Nero</hi> written by the in<g ref="char:EOLhyphen"/>comparable
<hi>Cardan,</hi> shall find that the worst of Princes doe much more
good then they doe harm. But, <hi>semper Corpori grave est Caput, the head
alwaies</hi> akes, and <hi>is a burden to the shoulders,</hi> and we complain much of every
little disorder. Put case a Prince by injustice doe violence to some of his
subjects, what then? <hi>Qui unum, qui plures occidit, non tamen reip. laesae reus
est, sed caedis,</hi> said <hi>Seneca,</hi> It is not the killing of some Citizens that de<g ref="char:EOLhyphen"/>stroyes
the Commonwealth: and there are not many Princes that proceed
so far as to doe open and profess'd wrong to the lives of their subjects;
but many subjects have done violence, open and apparent, to the lives of
their Princes, and yet the subjects are aptest to complain. <hi>Quis Princeps
apud nos regnavit è Vi<gap reason="illegible" resp="#TECH" extent="1 letter">
                              <desc>•</desc>
                           </gap>ecomitum aut Sfortiadum familia quem non aliquis
Civis noster etiam sine causa, sed solâ ambitione, ferro aggressus sit? pauci
certè, Which of our Princes of such and such a family hath not been set upon
to be murder'd by some of their Subjects, without cause, but meekly out of am<g ref="char:EOLhyphen"/>bition?
very few.</hi> And he that reads <hi>Hector Boethius</hi> his history of <hi>Scotland</hi>
may say as much as <hi>Cardan,</hi> and for a longer time. Every man complains
of Kings and Governours; we love them not, and then every little thing
makes him a Tyrant: but it is in this case as in the case of women (saies
<pb n="158" facs="tcp:58903:390"/>
                        <hi>Albericus Gentilis</hi>) we cannot be without them, and yet we are not pleas'd
when we are tied to them. * If any such thing could happen that a King
had a mind to destroy his people, by whom should he doe it? He alone can
hardly doe it; and he could hardly arm his people against themselves. But
what should he get by it? he cannot be so unreasonable: but suppose it,
what then? <hi>Oppression will make a wise man mad</hi> (saith <hi>Solomon</hi>) and there
are some temptations bigger then a mans strength; and this would be one
of them, and the people would be vext into the sin of rebellion; and then
it may be, God would cut him off, and punish the people; and here would
be calamity enough in this whole entercourse, but nothing lawful. For we
have nothing dearer to us then our lives and our religion; but in both
these cases we find whole armies of Christians dying quietly, and suffering
persecution without murmur. * But it cannot be done, it cannot easily be
suppos'd that an evil Prince should be otherwise then one that is cruel and
unjust, and this to fall upon some persons: for let him be lustfull, he shall
not ravish the Common-wealth; and if he be bloody, his sword cannot
cut off very great numbers; and if he be covetous, he will not take away
all mens estates: but if a warre be made against him, these evils will be
very much more universal; for the worst of Princes that ever was hath
obliged a great many, and some will follow him out of duty, some for fear,
some for honour, and some for hopes; and then as there is no subject that
complains of wrong but he hath under the government receiv'd more right
then wrong, so there is none that goes to doe himself right, (if that be all
he intends, and not covetous and ambitious designs) but in the forcing it he
will find more wrong then right.</p>
                     <p>3. But I demand, Are there no persons from whom if we receive
wrong we must not be avenged of them?<note place="margin">16.</note> To a Christian it had been a more
reasonable inquiry, whether there be any persons of whom we may be aven<g ref="char:EOLhyphen"/>ged.
Certainly there are none of whom we may be avenged without the
aid or leave of the publick power. But what if our Father doe us wrong?
may we strike him? <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>, <hi>to bear our Fathers</hi> unjust <hi>wrath</hi> was
one of the precepts the young man of <hi>Eretria</hi> had learnt of <hi>Zeno:</hi> and what
then if we be injur'd by the publick Father? <hi>Magno animo Regis, velut
parentis contumeliam tulit;</hi> it was said of <hi>Lysimachus: &amp; ut parentum sa<gap reason="illegible" resp="#TECH" extent="1 letter">
                              <desc>•</desc>
                           </gap>
                           <g ref="char:EOLhyphen"/>vitiam
sic Patriae patiendo ac ferendo leniendam esse,</hi> said <hi>Livy.</hi> If we must
bear with our Fathers,<note place="margin">Bell. Jugurth.</note> so also with our Princes. <hi>Vi regere Patriam
aut Parentes, quanquam &amp; possis, &amp; delicta corrigas, importunum est,</hi>
said <hi>Sallust, Though it were in your power, though you might reform some evils,
yet to rule your Parents or your Prince by force is not reasonable.</hi> And it was
an excellent saying which <hi>Cicero</hi> had from <hi>Plato.</hi>
                        <note place="margin">lib. 1. Fam. ep. 9.</note> 
                        <hi>Tantum contendere in rep.
oportet quantum probare tuis civibus possis, vim neque parenti neque patriae
afferri oportere. Id enim Plato jubet, quem ego vehementer sequor: &amp; qui
hanc causam sibi fuisse ait reipublicae non attingendae, quod cum offendisset
populum Atheniensem propè jam desipientem senectute, cumque eum nec per<g ref="char:EOLhyphen"/>suadendo
nec cogendo regi posse vidisset, cum persunderi posse dissideret, cogi f<gap reason="illegible" resp="#TECH" extent="2 letters">
                              <desc>••</desc>
                           </gap>
esse non arbitraretur, To contend and fight in a Common-wealth can never
be approved by the Citizens: strive so much as you can justify: but you must
offer force neither to your parents nor to your country, that is the supreme go<g ref="char:EOLhyphen"/>vernment
of your Country. And when</hi> Plato <hi>saw the people of</hi> Athens <hi>almost
doating with age, he despair'd of prevailing upon them by perswasion; but yet
to compel them by force he concluded to be impious.</hi> But can any man loose
<pb n="159" facs="tcp:58903:390"/>
by patience? hath it no reward? or is there no degrees of Counsel in it?
that is, Is not some patience acceptable though it be not necessary? shall it
have no reward, if it be more then we are bound to? If it shall be rewarded,
though it be greater then is simply necessary, then it is certain, that what<g ref="char:EOLhyphen"/>ever
we suffer under evil Princes, to be quiet and peaceable is infinitely
better then to resist: For <hi>that</hi> shall have a good reward; <hi>this</hi> seldome
misses an ill one. But if there be no counsel, no degree of uncommanded
patience, then all patience is necessary; for it is certain none is sinne: for
Christ was glorified by suffering the greatest injuries, and his Martyrs have
trodden the same way of the Cross; and so must we if God calls us to it,
if we will be his Disciples.</p>
                     <p>4. But again I consider,<note place="margin">17.</note> Does every subject that is a wicked man
forfeit the right in his estate, otherwise then law appoints? Is dominion
founded in grace? or is it founded in law and labour, in succession and pur<g ref="char:EOLhyphen"/>chase?
And is it not so in Princes? with this onely difference, that their
rights of government are derived from God immediately; for none but
he can give a power of life and death: can therefore any one take away what
they did not give? or can a supreme Prince loose it by vice, who did not
get it by vertue, but by gift from God? If a law were made to devest the
Prince of his power in case of ill government, then he were not the man I
mean, he is not supreme but subordinate, and did rule precariously, that
is as long as his superior judges will give him leave. But for the supreme
he is sacred and immured, just as the utmost orbs of heaven are uncircum<g ref="char:EOLhyphen"/>scrib'd;
not that they are positively infinite, but because there is nothing
beyond them: so is the supreme Magistrate, nothing is above him but God:
and therefore in his case we may use the words of <hi>Livy, si quis adversus
ea fecisset, nihil ultrà quam improbè factum adjecit lex,</hi> If he does any thing
against reason and justice, there is no more to be said but that it was ill done.
* But if he does not doe his duty, that's no warranty for me not to doe
mine; and if obedience and patience be a duty, then the one is as necessary,
and the other is more necessary when he does not doe what he ought. * And
after all, the supreme power in every Christian republick hath no power to
kill a subject without law, nor to spoil him of his goods. Therefore nei<g ref="char:EOLhyphen"/>ther
can a subject kill or exauthorate the supreme at all; for there is no
law to doe it: and if he be the supreme power, he is also law-giver, and
therefore will make no such law against himself; and if he did, he were
neither wise nor just.</p>
                     <p>Either then stop all pretences,<note place="margin">18.</note> or admit all. If you admit any case in
which the subjects may fight against their Prince, you must admit every
case that he will pretend who is the judge of one. But because Govern<g ref="char:EOLhyphen"/>ment
is by God appointed to remedy the intolerable evils of confusion and
the violence and tyranny of every strong villane, we must keep our selves
there; for if we take the sword, or the power, or the legislation, or the
Judicature, or the impunity from the Supreme, we return to that state of
evil from whence we were brought by government. For certain it is, all
the personal mischiefs and injustices done by an evil Prince are infinitely
more tolerable then the disorders of a violent remedy against him. If
there be not a <hi>derniere resort,</hi> or a last appeal fixt somewhere, mischiefs
will be infinite; but the evils that come from that one place will soon be
numbred, and easier suffered and cur'd.</p>
                     <p>
                        <pb n="160" facs="tcp:58903:391"/>
It were easie to adde here the sentences of the wise heathen to this
very purpose;<note place="margin">19.</note> for though religion speakes loudest in this article, yet na<g ref="char:EOLhyphen"/>ture
her self is vocal enough: but I have remark'd some already occasional<g ref="char:EOLhyphen"/>ly,
to the same sense with that of <hi>Tacitus, Imperatores bonos voto expeten<g ref="char:EOLhyphen"/>dos,
qualescunque tolerandos:</hi> So the wiser <hi>Romans</hi> at last had learnt their
duty. The same also was the sentence of the Greeks;
<q>
                           <gap reason="foreign">
                              <desc>〈 in non-Latin alphabet 〉</desc>
                           </gap>,<note place="margin">Eurip.</note>
                        </q>
                        <hi>We must patiently suffer the follies of our Rulers.</hi> So did the <hi>Persians,</hi>
                        <q>
                           <l>—quamvis crudelibus,<note place="margin">Claudian.</note> aequè</l>
                           <l>Paretur Dominis,</l>
                        </q>
                        <hi>Though the Lords be cruel, yet you must obey them as well as the gentle.</hi> But I
am weary of so long telling a plain story. He that is not determined by
these things, I suppose will desire to see no more. But if he does, he may please
to see many more particulars in <hi>Barclay,</hi> in <hi>Grotius,</hi> in <hi>Monsieur de la Noüe,</hi>
in <hi>Albericus Gentilis,</hi> in <hi>Scipio Gentilis,</hi> in Bishop <hi>Bilson,</hi> in <hi>Petrus Gregori<g ref="char:EOLhyphen"/>us</hi>
&amp; <hi>Bodinus.</hi> I conclude, many supreme Princes have laid aside their
kingdomes, and have exchang'd them for honour and religion; and many
subjects have laid aside their supreme Princes or Magistrates, and have
exchanged them for liberty and justice. But the one got, and the other
lost. <hi>They</hi> had real advantages; and <hi>these</hi> had words in present, and re<g ref="char:EOLhyphen"/>pentance
in reversion.</p>
                  </div>
                  <div n="4" type="rule">
                     <head>RULE IV. The Supreme Civil Power is also Supreme Gover<g ref="char:EOLhyphen"/>nour
over all persons and in all causes Ecclesias<g ref="char:EOLhyphen"/>tical.</head>
                     <p>IF this Rule were not of great necessity for the conduct of Conscience,<note place="margin">1.</note>
as being a measure of determining all questions concerning the Sanction
<hi>of</hi> and obedience <hi>to</hi> all Ecclesiastical lawes, the duty of Bishops and Priests
to their Princes, the necessity of their paying tribute, and discharging the
burdens and relieving the necessities of the Republick, I should have been
unwilling to have medled with it; because it hath so fierce opposition
from the bigots of two parties, the <hi>Guelphs</hi> and the <hi>Gibellines,</hi> from <hi>Rome</hi>
and from <hi>Scotland,</hi> from S. <hi>Peter</hi> and S. <hi>Andrew,</hi> the Papist and the Pres<g ref="char:EOLhyphen"/>byterian:
and they have plac'd all their great interest and their greatest
passions upon this question, and use not to be very kind to any man that
shall at all oppose them.</p>
                     <p>2. From the Church of <hi>Rome</hi> we have many learned men,<note place="margin">2.</note> servants of
the Pope, who affirm that all Government<gap reason="illegible" resp="#TECH" extent="1 letter">
                           <desc>•</desc>
                        </gap> Ecclesiastical belongs to him;
that he onely can make lawes of Religion, that in that he hath a compul<g ref="char:EOLhyphen"/>sory
over Kings, who are his subjects, dependant upon him, by him to
be commanded in matters of religion; to which all temporalties are so
subordinate, that if not directly, (as some of them say) yet indirectly, as most
of them say, <hi>in ordine ad Spirituale bonum,</hi> for the good of the Church
<pb n="161" facs="tcp:58903:391"/>
and of religion he can dispose of them. The great defenders of this
doctrine are<note n="a" place="margin">De pontif. Rom. l. 2. c. 17.</note> 
                        <hi>Bellarmine</hi> and<note n="b" place="margin">Annal. Eccles.</note> 
                        <hi>Baronius,</hi>
                        <note n="c" place="margin">Contr. Apol. Eccl. Angl.</note> 
                        <hi>Harding</hi> and<note n="d" place="margin">Contr. Episc. Eliens.</note> 
                        <hi>Eudaemon Johannes,</hi>
                        <note n="e" place="margin">in Comment. in Esther.</note> 
                        <hi>Fevardentius</hi> and<note n="f" place="margin">in Theatr.</note> 
                        <hi>Mariana,</hi>
                        <note n="g" place="margin">de Justa abdicat. Henric. 3.</note> 
                        <hi>Boucher</hi> and<note n="h" place="margin">De jure Magistratuum.</note> 
                        <hi>Ficklerus,</hi>
                        <note n="i" place="margin">De potestate Papae.</note> 
                        <hi>Alexander Carerius</hi>
and<note n="k" place="margin">De temp. et spirit. Pontif. potestate.</note> 
                        <hi>D. Marta,</hi>
                        <note n="l" place="margin">Of the broken succession.</note> 
                        <hi>Doleman,</hi> and generally the Jesuits, and all the Ca<g ref="char:EOLhyphen"/>nonists.</p>
                     <p>On the other side,<note place="margin">3.</note> the Presbytery pretends mightily to the scepter of
Jesus Christ, as the Pope does to the Keyes of S. <hi>Peter,</hi> and they will have
all Kings submit to that; as there is all the reason in the world they should:
but by this scepter of Christ they mean their own classical meetings, and
the Government that themselves have set up the other day; to which the
first inventer of it was at first forc'd pitifully to beg suffrages of allowance,
and that it might be endur'd; but as ill weeds use to doe, it quickly grew
up to that height, that like the Bramble it would be King, and all the birds
and beasts must come under the shadow of it. The great Masters of this
invention after <hi>Calvin</hi> are<note n="m" place="margin">de Presby<g ref="char:EOLhyphen"/>terio</note> 
                        <hi>Beza,</hi>
                        <note n="n" place="margin">in his last Reply</note> 
                        <hi>Cartwright,</hi>
                        <note n="o" place="margin">Christian. poli<gap reason="illegible" resp="#TECH" extent="1 letter">
                              <desc>•</desc>
                           </gap>iâ.</note> 
                        <hi>Lambertus Danaeus,</hi>
                        <note n="p" place="margin">lib. disciplinae</note> 
                        <hi>Gellius
Snecanus,</hi>
                        <note n="q" place="margin">loci comm. Theol.</note> 
                        <hi>Guil. Bucanus,</hi>
                        <note n="r" place="margin">Observat. in Psal. 1.</note> 
                        <hi>Hermannus Renecherus,</hi>
                        <note n="s" place="margin">De jure regni apud Scotes.</note> 
                        <hi>Buchanan,</hi>
                        <note n="t" place="margin">treatise of Obedience</note> 
                        <hi>Chri<g ref="char:EOLhyphen"/>stopher
Goodman,</hi>
                        <note n="u" place="margin">De jure ma<g ref="char:EOLhyphen"/>gistratuum</note> 
                        <hi>Brutus Celta,</hi>
                        <note n="w" place="margin">Francogallia</note> 
                        <hi>Francisc. Hottoman,</hi> the Author of the
Book called <hi>Speculum tyrannidis Philippi Regis,</hi>
                        <note n="x" place="margin">Dial. 2. p. 65.</note> and the Dialogues of <hi>Phi<g ref="char:EOLhyphen"/>ladelphus:</hi>
and if any one would see more of these, he may find enough of
them in the writings of that Excellent and Prudent Prelate D<hi rend="sup">r</hi> 
                        <hi>Bancroft</hi>
Archbishop of <hi>Canterbury.</hi>
                     </p>
                     <p>Concerning the pretences of the Church of <hi>Rome,</hi>
                        <note place="margin">4.</note> they are as inva<g ref="char:EOLhyphen"/>lid
as can be wish<gap reason="illegible" resp="#TECH" extent="1 letter">
                           <desc>•</desc>
                        </gap>t. For although there are some overtures of Scripture
made, as <hi>Tibi dabo claves,</hi> and <hi>Ecce duo gladii,</hi> and <hi>Pasce oves,</hi> which are
strange arguments to considering persons to prove the Pope superiour to
Kings, (and concerning them I shall not need to use any argument, but set
down the words of the Bishop of <hi>Maestricht</hi> in an excellent oration of his
recorded by <hi>Aventine.</hi>
                        <note place="margin">lib. 5. Annal. Boior:</note> 
                        <hi>Ambitiosi &amp; superbi sunt qui illud Domini Dei<g ref="char:EOLhyphen"/>que
nostri elogium, Quodcunque solveris super terram,</hi> &amp;c. <hi>&amp; quodcunque li<g ref="char:EOLhyphen"/>gaveris
erit ligatum,</hi> &amp;c. <hi>perfrictâ fronte interpretando adulterant, suae libi<g ref="char:EOLhyphen"/>dini
servire cogunt, &amp; nobis ceu pueris, &amp; omnium rerum imperitis, astu illu<g ref="char:EOLhyphen"/>dere
student,</hi> They that expound such words of Christ to serve their pride
or lust of Empire are impudent, and think us to be fools and children, and
fit to be cosen'd and fool'd out of our senses:) yet these were made no use
of to any such purpose for many Ages after the Apostles death; and there<g ref="char:EOLhyphen"/>fore
upon wiser accounts they cause this great article to rely upon some
prudential motives, and some great precedents and examples. The parti<g ref="char:EOLhyphen"/>culars
I shall consider in the following numbers: but that which here lies in
my way is their great boast of the fact of Pope <hi>Zachary</hi> deposing <hi>Childeric</hi>
King of <hi>France</hi> in the year 750, and appointing <hi>Pepin</hi> the Kings Marshall
to be King in his Room. Upon the warranty of this Example <hi>Gregory</hi> the
7<hi rend="sup">th</hi> endeavour'd to justify his proceedings against the Emperour <hi>Henry</hi> 4<hi rend="sup">th</hi>.<note place="margin">Epist. ad Peri<g ref="char:EOLhyphen"/>mannum Epis. Metens.</note>
                        <hi>Bellarmine</hi> will not endure with patience to hear that any one did this feat
but the Pope onely; and on all hands they contend mightily that it was
he, and not the Nobles and people of <hi>France.</hi> They indeed were willing but
they had no authority, therefore they appeal'd to him as the Ordinary
Judge; and he declared for <hi>Pepin,</hi> and God declared for that Judgement
that it was according to his will: for the event was blessed, <hi>Pepin</hi> was pros<g ref="char:EOLhyphen"/>perous,
and his son <hi>Charles</hi> the Great grew a mighty Prince, and <hi>France</hi> a
<pb n="162" facs="tcp:58903:392"/>
potent Empire, and Religion and the Church had great increment and more
advantages then before or since.</p>
                     <p>But when men judge of actions by the events,<note place="margin">5.</note> they onely shew them<g ref="char:EOLhyphen"/>selves
willing to be cosen'd by prosperity, and that they will endure nothing
that hath affliction with it; but so they become advocates for the greatest
villanies, because they could never come to their greatnesse if they were
unprosperous. And therefore there is no judging of lawful or unlawful
by the event, till the last event be tried: and at the day of our death and at
the day of Judgement, the event of things is the best argument and the best
trial of right and wrong. But besides this, the folly of these men is infi<g ref="char:EOLhyphen"/>nitely
seen in this very instance. For it is no wonder that the Church of
<hi>Rome</hi> was prosperous and did thrive upon that change: <hi>Pepin</hi> and Pope
<hi>Zachary</hi> helped one another and divided the spoil; and <hi>Pepin</hi> and <hi>Charles</hi>
having no warranty and reputation in that treasonable surprize of the
Crown of <hi>France,</hi> but what they had from the opinion the world then had
of the Bishop of <hi>Rome,</hi> it concern'd <hi>Charles</hi> to advance the Papacy, that
the Papacy might support him. But <hi>by all that is before him in this</hi> world,
a <hi>man knows not whether he be worthy of love or hatred,</hi> saith <hi>Solomon;</hi> and a
mans fortune is <hi>seen in his children:</hi> and therefore if the Popes servants
would look a little further then their own advantages, they might have
consider'd what is observed by <hi>Paulus Aemilius</hi> and <hi>Beneventus of Imola,</hi>
that in the days of <hi>Charles</hi> the Great, who was son to <hi>Pepin,</hi> the Empire
was divided; (which was the curse in which God punish'd <hi>Solomon</hi> in the
person of <hi>Rehoboam</hi>) that his son <hi>Ludovicus Pius</hi> was serv'd just as his Grand<g ref="char:EOLhyphen"/>father
serv'd his Master the King, for his son <hi>Lotharius</hi> did most unnatu<g ref="char:EOLhyphen"/>rally
rebel against him, depos'd him and thrust him into a cloister; and that
he himself felt the judgement of God, for himself also was depos'd, and
succeeded to by <hi>Lewis</hi> the second, who was prosperous in nothing, but in
every undertaking the wind blew in his face. His son was <hi>Ludovicus nihili,</hi>
so they call'd him; a cypher of a King, and stood for nothing. He indeed
left an heire to the Crown: but he also was a man that had no heart, and
his son had no head; for <hi>Charles</hi> the Bald was an extreme pitiful coward,
and <hi>Charles le gross</hi> was a fool. After these succeeded <hi>Arnulph,</hi> who was
eaten up with lice, the sad disease of <hi>Herod;</hi> and in his son <hi>Lewis</hi> the fourth
that race was quite extinguish'd. And now if we judge of things by the
event, have we not great reason even upon this account to suspect the fact
of <hi>Zachary,</hi> (though it was not his authority, but his consent and his con<g ref="char:EOLhyphen"/>federacy
with the Rebel) to be extremely displeasing to Almighty God,
when there was not one of his line but went away with a share of the Di<g ref="char:EOLhyphen"/>vine
anger? But such reasonings as these concern none but them who feel
them; they may suspect the thing, and better examine their confidences
when they feel any extraordinary evils, which most commonly are the con<g ref="char:EOLhyphen"/>sequents
of a great sin and a mighty displeasure. But others are to doe
as they should have done at first, goe by rule, and not venture upon the thing
to see what will become of it. * Being now quit of this by which they have
made so much noise; all their other little arguments will soon melt away
when they come to be handled.</p>
                     <p>But as for the other pretenders (viz.<note place="margin">6.</note> those of <hi>the Presbytery,</hi>) to a
power superior to Kings in Ecclesiastical Government; they have not yet
proved themselves to have received from Christ any power at all, to go<g ref="char:EOLhyphen"/>vern
<pb n="163" facs="tcp:58903:392"/>
in his Church; and therefore much lesse by virtue of any such power
to rule over Kings. I doe therefore suppose these Gentlemen not much
concerned in this question, because they are uncapable of making claime;
not onely because Religion is no pretence to Regalities, and that Spiritual
power is of a nature wholly different from the power of Kings; but because
if the <hi>Spiritual</hi> were to be above the <hi>Temporal,</hi> yet even then they are not
the better. For they have not onely none of that <hi>Spiritual</hi> power which
can pretend to Government, but it does not yet appear that they have any
at all: and this relies upon the infinite demonstrations of Episcopal Govern<g ref="char:EOLhyphen"/>ment
and power; which being one of the words and works of Christ, must
needs be as firme as heaven and earth. <hi>But if they be concern'd, they will
be concluded.</hi>
                     </p>
                     <p>And first in general,<note place="margin">7.</note> it is necessary that the supreme power of Kings
or States should be governors in Religion, or else they are but half Kings at
the best,<note n="*" place="margin">Cum jus con<g ref="char:EOLhyphen"/>ferendi opi <gap reason="illegible" resp="#TECH" extent="1 letter">
                              <desc>•</desc>
                           </gap>a sacerdotia ab Henrico Imp. vi fuerat ex<g ref="char:EOLhyphen"/>tortum, ea res (inquit Paulus AEmilius lib. 5.) multum virium Imperatoriae Majestati detraxit in animis popularium, plus enim quam dimidium suae jurisdictionis perdidit.</note> for the affaires of Religion are one half of the interest of man<g ref="char:EOLhyphen"/>kind:
and therefore the laws of the XII Tables made provision for religion
as well as for the publick interest.
<q>
                           <l>Jus triplex tabulae quod ter sanxêre quanternae</l>
                           <l>Sacrum,<note place="margin">Auson.</note> Privatum, &amp; populi commune quod usquam est.</l>
                        </q>
And this is so naturally and unalterably entail'd upon the supreme power,
that when <hi>Attalus</hi> the King of the <hi>Pergamenians</hi> made the people of <hi>Rome</hi>
his Heire with these words onely, <hi>Populus Rom. bonorum meorum haeres esto,
Let the people of Rome be Heire of all my goods;</hi> by [<hi>His goods</hi>] they under<g ref="char:EOLhyphen"/>stood,
<hi>Divina Humanáque,</hi>
                        <note place="margin">l. 4. Eutrop. l. 2. L. Flor.</note> 
                        <hi>publica &amp; privata,</hi> saith <hi>Eutropius,</hi> &amp; <hi>Florus, all
power in things publick and private, Humane and Divine.</hi> For since Reli<g ref="char:EOLhyphen"/>gion
is that great intercourse between God and us, it is impossible to deny
to him who stands next to God the care of that by which we approach
nearest to him;<note place="margin">lib. 8.</note> and this I learn'd from <hi>Justine. Jure ille à Diis proximus
habetur per quem Deorum Majestas vindicatur, He is rightly plac'd next un<g ref="char:EOLhyphen"/>der
God, by whom the Majesty of God is asserted.</hi> And therefore the Chri<g ref="char:EOLhyphen"/>stians
must alter their style, and no more say that the Prince is <hi>homo à Deo
secundus, &amp; solo Deo minor,</hi> (which are the words of <hi>Tertullian</hi>) next to
God, and onely lesse then him, if between God and the Prince there is all
that great distance and interval of the Government of Religion. He is the
best and greatest person that rules the best and greatest interest: and it was
rightly observed of S. <hi>Paul</hi> concerning controversies civil, for money or
land,<note place="margin">1 Cor. 6.</note> 
                        <hi>Set them to judge who are least esteemed amongst you;</hi> for that is of the
least concerne: but he that is Judge of life and death, that is, the Gover<g ref="char:EOLhyphen"/>nour
of bodies, and he that governs the greatest affaires of souls, he indeed
ought to be of highest estimation. <hi>Bishops and Priests are the great Mini<g ref="char:EOLhyphen"/>sters
of Religion, but Kings are</hi> the <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap> the <hi>great Rulers and Governours
of it.</hi> And this is easy to distinguish. For as the Kings Judges and Coun<g ref="char:EOLhyphen"/>cel
learned in the Law minister law to the people, yet the King is the
supreme judge in law; and the Kings Captains and souldiers fight his bat<g ref="char:EOLhyphen"/>tels,
and yet he is <hi>summus Imperator,</hi> and the power of the <hi>Militia</hi> is his:
so it is in religion, it must be ministred by persons ordained to the service,
but govern'd by himself: He is not supreme unlesse he have all the power
of Government.</p>
                     <p>
                        <pb n="164" facs="tcp:58903:393"/>
2. The care of religion must needs belong to the supreme Magistrate,<note place="margin">8.</note>
because religion is the great instrument of political happinesse: <hi>ad magnas
Reip.</hi>
                        <note place="margin">Lib. 2. de Di<g ref="char:EOLhyphen"/>vinat.</note> 
                        <hi>utilitates retinetur religio in civitatibus,</hi> saith <hi>Cicero;</hi> and unlesse he
have power to manage and conduct it, and to take care it be rightly ordered,
the supreme power hath not sufficient to defend his charges. If the Prince
cannot conduct his Religion, he is a supreme Prince just as if he had not the
<hi>militia;</hi> or as if he were Judge of right but not of wrong; or as if he could
reward but not punish; or as if he had cognisance but of one half of the
causes of his people; or as if he could rule at land but not at sea, or by
night but not by day. But how if an enemy comes with a fleet against him,
will he send a Brigade of horse to take a squadron of ships? The case is just
the same; for if God breaks in upon a Nation for the evil administration
of religion, how shall the Prince defend his people or answer to God for
them? And this is no inconsiderable necessity: For besices that justice and
charity, and temperance and chastity, and doing good and avoiding evil
are parts of religion, and yet great material parts of government and the
laws, the experience of mankind and natural reason teaches us that nothing
is so great a security or ruine to a State as the well or ill administration of
Religion.
<q>
                           <l>Dii multa neglecti dederunt</l>
                           <l>Hesperiae mala luctuose:<note place="margin">Horat.</note>
                           </l>
                        </q>
and <hi>Cicero,</hi>
                        <note place="margin">Orat. 5. in Ver<g ref="char:EOLhyphen"/>
                           <gap reason="illegible" resp="#TECH" extent="1 letter">
                              <desc>•</desc>
                           </gap>em.</note> 
                        <hi>Omnia prospera eveniunt colentibus deos, adversa spernentibus,
The people that have care of Religion are prosperous, but unhappy when they are
irreligious.</hi>
                        <q>
                           <l>
                              <gap reason="foreign">
                                 <desc>〈 in non-Latin alphabet 〉</desc>
                              </gap>,<note place="margin">in Bacchis</note> saith <hi>Euripides;</hi> and</l>
                           <l>
                              <gap reason="foreign">
                                 <desc>〈 in non-Latin alphabet 〉</desc>
                              </gap>.<note place="margin">in Supplic.</note>
                           </l>
                        </q>
Religion is the band of families, and a strong foundation to Common<g ref="char:EOLhyphen"/>wealths.
<gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>, so <hi>Plutarch; it
is the ligature of all communities, and the firmament of lawes:</hi> the same with
that of <hi>Synesius,</hi> 
                        <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>,
<hi>First let religion be setled, because it is the
strong Base and columne upon which a Kingdome does relie.</hi> And of this we
have God himself a witnesse: <hi>Seek the Kingdome of heaven and the righte<g ref="char:EOLhyphen"/>ousnesse
thereof in the first place, and all these things</hi> [that is the necessaries
of the world and of this life] <hi>shall be added.</hi> For so saith the Apostle,
<hi>Piety is profitable to all things, having the promise of the life that now is, and
of that which is to come.</hi> And to this that of <hi>Homer</hi> rarely accords,
<q>
                           <l>
                              <gap reason="foreign">
                                 <desc>〈 in non-Latin alphabet 〉</desc>
                              </gap>
                           </l>
                           <l>
                              <gap reason="foreign">
                                 <desc>〈 in non-Latin alphabet 〉</desc>
                              </gap>
                           </l>
                           <l>
                              <gap reason="foreign">
                                 <desc>〈 in non-Latin alphabet 〉</desc>
                              </gap>
                           </l>
                           <l>
                              <gap reason="foreign">
                                 <desc>〈 in non-Latin alphabet 〉</desc>
                              </gap>.</l>
                           <l>
                              <gap reason="foreign">
                                 <desc>〈 in non-Latin alphabet 〉</desc>
                              </gap>
                           </l>
                           <l>
                              <gap reason="foreign">
                                 <desc>〈 in non-Latin alphabet 〉</desc>
                              </gap>.</l>
                        </q>
The sense of which is well enough rendred by that of <hi>Justinian,</hi>
                        <note place="margin">Novel. 42.</note> 
                        <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>,
that he would take
care concerning Ecclesiastical government or the affaires of religion; <hi>for if
this be kept in peace, all the whole republick will be prosperously administred,
reliqua nobis exuberabit politia.</hi> So it is rendred by one of our <hi>Saxon</hi> Kings.
The very trees will bring their fruit in due season, and the sea will give her
fish, and the earth shall give her increase, when Kings take care of justice
and religion.<note n="*" place="margin">Eorum impe<g ref="char:EOLhyphen"/>riis remp. am<g ref="char:EOLhyphen"/>plificuam qui relizionibus paruissent, dixit Cicero, de <hi>Nat. Deor. l.</hi> 2.</note> By religion Princes increase their Empire. So<note n="†" place="margin">Orat. de arusp. resp.</note> 
                        <hi>Cicero</hi> affirmes
<pb n="165" facs="tcp:58903:393"/>
of the <hi>Romans, non calliditate ac robore, sed pietate ac religione omnes gentes
nationesque superavisse,</hi> They overcame all the Nations not by force or
craft, but by piety and religion. To which purpose is that of <hi>Valerius
Maximus, Non dubitaverunt sacris Imperia servire: ita se rerum humanarum
futura regimen existimantia si Divinae potentiae bene atque constanter essent
famulata, The Greatest Empires made no scruple of ministring to Religion, as
believing that then they should most prosperously prevaile in the Governments
of the world, if they well and constantly did service to the Divine Almighty
power.</hi> Now this is not to be understood as if it meant that if a King were
a good man and personally religious it would procure blessings for him and
his people; though that be true in some proportion of events: but it signi<g ref="char:EOLhyphen"/>fies
that they should be religious Kings, that is, as such take care to defend,
to promote, to conduct and to govern it to advantages and for the honour
of God. And this observation is made by S. <hi>Austin</hi> in his epistle to <hi>Boni<g ref="char:EOLhyphen"/>facius.
How doe Kings serve the Lord in fear, but by forbidding and by a re<g ref="char:EOLhyphen"/>ligious
severity punishing those things which are done against the Lords Com<g ref="char:EOLhyphen"/>mandements?
For otherwise does he serve him as a Man, otherwise as a
King. As a man he serves him by living faithfully: But as a King he serves
him by establishing laws, commanding righteousnesse, and forbidding the con<g ref="char:EOLhyphen"/>trary.
So did</hi> Hezekiah <hi>serve God by destroying the Groves and the idol Tem<g ref="char:EOLhyphen"/>ples,
and all those things which were built against the Commands of God. In
the like manner King</hi> Josiah <hi>did serve God: and the King of</hi> Nineveh <hi>serv'd
him by compelling all the city to serve the Lord. Thus King</hi> Darius <hi>serv'd
God by delivering the idol to</hi> Daniel <hi>to be broken, and casting his enemies into
the Lions den: and</hi> Nebuchadnezzar <hi>serv'd him by forbidding by a terrible
law all his subjects to blaspheme. For in this, Kings serve the Lord as Kings,
when they doe those things for his service which they cannot doe but as Kings.</hi>
Now if religion be the great interest, the preserver, the enlarger of King<g ref="char:EOLhyphen"/>domes,
it ought to be governed by the hands of these whose office it is to
enlarge or to preserve them. For if the instrument be conducted by other
hands, the event shall depend upon them, and then they, not Kings, shall be
answerable for the felicity or infelicity of their Nations. And it was rarely
well said of <hi>Plutarch,</hi>
                        <note place="margin">contra Colot.</note> that <hi>a city might be as well built in the aire, without
earth to stand upon,</hi> 
                        <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>,
<hi>as a republick can either be constituted or pre<g ref="char:EOLhyphen"/>served
without the support of religion.</hi> That supreme power therefore that
hath no government of religion is defective in a necessary part of it's life
and constitution.</p>
                     <p>3. The supremacy and conduct of religion is necessary to the supreme
power,<note place="margin">9.</note> because without it he cannot in many cases govern his people. For
besides that religion is the greatest band or laws, and conscience is the
greatest endearment of obedience,<note n="*" place="margin">Solo sacramento inclyti principes tuti sunt, <hi>Symmach.</hi> lib. 10. ep. 54. Maximum, dicente Catone; majoribus nostris telum, ex quo plures pace susceptae quam bello gentes fuere devictae, quo solo continetur omnis societas, &amp; dissoluto dissolvitur. <hi>Appius</hi> lib. 6. in fin. Omnium primum, rem ad multitudinem imperitam, &amp; illis seculis rudem efficacissimam, Deorum metum in<g ref="char:EOLhyphen"/>jiciendum ratus est. <hi>Livius</hi> lib. 1. Pri<g ref="char:EOLhyphen"/>mum enim militiae vinculum est religio, &amp; signorum amor, &amp; deserendi nefas. <hi>Senec.</hi> epist. 96.</note> and a security for
Princes in closets and retirements, and his best guard a<g ref="char:EOLhyphen"/>gainst
treasons; it is also that by which the common peo<g ref="char:EOLhyphen"/>ple
can be carried to any great or good or evil designe.
And therefore <hi>Livy</hi> observes of <hi>Numa,</hi> that to establish
his Government he first setled religion, as supposing
that nothing is more powerful to lead the people gently,
or to drive them furiously, then to imprint in them the
fear of God, or to scare them with religion. And there<g ref="char:EOLhyphen"/>fore
the Prince cannot rule without it: He is but the
<pb n="166" facs="tcp:58903:394"/>
shadow of a King and the servant of his Priests; and if they rule religion,
they may also rule him. And that for two great causes.</p>
                     <p>1.<note place="margin">10.</note> Because the propositions and opinions of religion have and are di<g ref="char:EOLhyphen"/>rectly
intended to have great influence upon the whole life and all the
actions of mankind. For how if the Ministers of religion preach the Stoi<g ref="char:EOLhyphen"/>cal
fate, and that all things that come to pass are unalterably predetermin'd,
who need to care how he serves God, or how he serves his Prince? <hi>Sueto<g ref="char:EOLhyphen"/>nius</hi>
saies of <hi>Tiberius,</hi> that he was <hi>religionis negligentior, quippe persua<g ref="char:EOLhyphen"/>sionis
plenus cuncta fato agi, careless of religion, because he was fully perswa<g ref="char:EOLhyphen"/>ded
that all things came by destiny.</hi> To what purpose are laws or punish<g ref="char:EOLhyphen"/>ments,
rewards and dignities, prisons and axes, rods and Lictors, when it is
injustice to punish a criminal for being unavoidably miserable? and then
all government is at an end when there can be no vertue nor vice, no justice
nor injustice: for what is alike necessary, is equally just. But upon some
such account as this <hi>Plato</hi> said that they are not to be suffered in a Common-wealth
who said that God is the Author of evil. * And what are likely
to be the effects of that perswasion which is a great ingredient in the reli<g ref="char:EOLhyphen"/>gion
of some men, [That <hi>Dominion is founded in grace;</hi> that evil Princes
may be deposed; that hereticks may be excommunicated, and their sub<g ref="char:EOLhyphen"/>jects
absolved from the oath of their allegiance; that faith is not to be
kept with hereticks; that it is lawful to tell a lie before a Magistrate, pro<g ref="char:EOLhyphen"/>vided
we think up the truth; that Kings are but executioners of the de<g ref="char:EOLhyphen"/>crees
of the Presbytery; that all things ought to be in common?] By such
propositions as these it is easy to overthrow the state of any Common-wealth;
and how shall the Prince help himself, if he have not power to
forbid these and the like dangerous doctrines? A Common-wealth fram'd
well by laws and a wise administration, can by any one of these be fram'd
anew and overturn'd. It is therefore necessary that the Prince hold one
end of this staff, lest himself be smitten on the head.</p>
                     <p>2.<note place="margin">11.</note> The other great cause is this, Because religion hath great influ<g ref="char:EOLhyphen"/>ence
upon persons as well as actions; and if a false religion be set on foot,
a religion that does not come from God, a religion that onely pretends
God, but fears him not, they that conduct it can lead on the people to the
most desperate villanies and machinations. We read in the life of <hi>Henry</hi>
the third of <hi>England,</hi>
                        <note place="margin">Matth. West<g ref="char:EOLhyphen"/>monast. in Henr. 3.</note> that when he had promis'd any thing to his Nobility
that he had no mind to perform, he would presently send to the Pope for a
Bull of dispensation, and suppos'd himself acquitted: and who could suf<g ref="char:EOLhyphen"/>fer
such a religion that destroyed the being of contracts and societies, or
bear the evils consequent to such a religion? And of the same nature, but
something worse in the instance,<note place="margin">lib. 8. Rerum Gallicar.</note> is that which <hi>Arnaldus Ferronius</hi> tels of,
that the <hi>Roman</hi> Lawyers answer'd to <hi>Ferdinandus Davalus,</hi> that at the com<g ref="char:EOLhyphen"/>mand
of the Pope he might take up arms against the Emperour <hi>Charls</hi> the
fifth, his Prince, without any guilt of Treason. And it was yet very much
worse which was done and said by the Pope <hi>John</hi> 22. against the Emperor
<hi>Lewis</hi> the 4. <hi>Quod si nobis obtemperare detrectaverit,</hi>
                        <note place="margin">Aventin. lib. 7. Annal.</note> 
                        <hi>Patriarchis, Episcopis,
cunctis Sacerdotibus, Principibus, Civitatibus imperamus ut eundem deserant,
ac nobis parere cogant,</hi> Patriarchs and Princes, Bishops and Priests were not
onely allowed, but commanded to forsake their Emperour, &amp; to compel him
to obey the Bishop of <hi>Rome.</hi> By these and much more it appears, the evil
Ministers of a false religion have great powers of doing what they please:
<q>
                           <pb n="167" facs="tcp:58903:394"/>
                           <l>Nam faciunt animos humiles formidine Divûm,</l>
                           <l>Depressosque premunt ad terram—</l>
                        </q>
They make the people absolute slaves, and lift them up again with bold<g ref="char:EOLhyphen"/>ness
to doe mischief. <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>, said <hi>Plu<g ref="char:EOLhyphen"/>tarch,
The rude people are easy and apt to superstition:</hi>
                        <note place="margin">in Sertorio.</note> and when they are in,
they are ready for any violence. <hi>Superstitione qui est imbutus quietus esse non
potest,</hi> said <hi>Cicero:</hi> they cannot be quiet when they have got a wild
proposition by the end. And this is too much verified by the histories
of almost all nations: for there is none but hath smarted deeply by the
factions and hypocrisies of Religion.<note place="margin">Diod. Sicul. lib. 6. c. 10. Florus lib. 3. c. 16.</note> The Priests of <hi>Jupiter</hi> in the Island
of <hi>Meroe</hi> did often send the people to kill their Kings. <hi>Eunus</hi> a Roman slave
arm'd 60000 men upon pretence of a religious extasy and inspiration.
<hi>Maricus</hi> in <hi>France</hi> did the like: so did an <hi>Egyptian</hi> in the time of <hi>Claudius</hi>
the Emperor,<note place="margin">lib 2. De bello Judaic. cap. 12.</note> mention'd by <hi>Josephus,</hi> who led after him 30000. men
against the <hi>Romans.</hi> The two false Christs, the one in the time of <hi>Vespa<g ref="char:EOLhyphen"/>sian,</hi>
the other under <hi>Hadrian,</hi> prevailed to the extreme ruine of their mise<g ref="char:EOLhyphen"/>rable
country-men. <hi>Leo</hi> &amp; the Turkish Annals tell us strange events &amp; over<g ref="char:EOLhyphen"/>throws
of Government brought to pass by the arts of religion in the hands
of <hi>Elmahel</hi> and <hi>Chemin Mennal</hi> in <hi>Africa:</hi> the first taking the Kingdome of
<hi>Morocco</hi> from <hi>Abraham</hi> their King, together with his life; the other
forcing the King of <hi>Fesse</hi> to yield unto him the Kingdome of <hi>Temesna.</hi> In
<hi>Asia Shacoculis</hi> of the <hi>Persian</hi> Sect by his religion arm'd great numbers of
men, and in three great battails overthrew the Turkish power, and put to
hazard all their Empire.</p>
                     <p>They that knew none of these stories did know others like them,<note place="margin">12.</note> and
at least knew the force of religion to effect what changes pleased them who
had the conduct of it; and therefore all wise Princes, ancient and modern,
took care to prevent the evil by such remedies and arts of government as
were in their hands. Three remedies were found out; two by men, and
one by God.</p>
                     <p>1.<note place="margin">13.</note> The ancient governments of the world kept themselves and their
people the religion of their nation, that which did comply with their
government, that which they were sure would cause no disturbance, as be<g ref="char:EOLhyphen"/>ing
that which was a part of the Government, was bred up with it, and was
her younger sister; but of forraigne rights and strange and new religions
they were infinitely impatient: by the prohibition and exclusion of which
by their civil laws, as the supreme power secur'd the interest and peace of the
republick, so it gave demonstration that the civil power was supreme also
in the religion. Upon this account we find that <hi>Aristotle</hi> and <hi>A<gap reason="illegible" resp="#TECH" extent="1 letter">
                              <desc>•</desc>
                           </gap>axagoras</hi>
were accused; <hi>Socrates</hi> and <hi>Protagoras</hi> were condemn'd, for holding opinions
and teaching contrary to the religion of their country, and it was usual with
the <hi>Athenians</hi> so to proceed:<note place="margin">lib. 2. cont<gap reason="illegible" resp="#TECH" extent="1 letter">
                              <desc>•</desc>
                           </gap>. Applon.</note> so <hi>Josephus</hi> writes of them, <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>,
<hi>they did severely punish any man that speak but a word against the religion
established by law.</hi> The <hi>Scythians</hi> also put <hi>Anacharsis</hi> to death for celebra<g ref="char:EOLhyphen"/>ting
the feast of <hi>Bacchus</hi> by the <hi>Graecian</hi> rights—For these nations ac<g ref="char:EOLhyphen"/>counted
their country gods to be entertain'd and endear'd by their coun<g ref="char:EOLhyphen"/>try
religion, and that they were displeas'd with any new ceremonies.
* But this thing was most remarkable in the state of <hi>Rome.</hi>
                        <note place="margin">Liv. lib. 15.</note> For this was one
of the charges which they gave to the <hi>Aediles, Ne qui nisi Romani Dii neque
<pb n="168" facs="tcp:58903:395"/>
alio more quam patrio colerentur.</hi> And <hi>Marcus Aemilius</hi> recited a Decree to
this purpose,<note place="margin">Liv. lib. 39.</note> 
                        <hi>Ne quis in publico sacrove loco novo aut externo ritu sacrificaret.</hi>
And this they made a solemn business of, saith <hi>Livy, quoties Patrum Avo<g ref="char:EOLhyphen"/>rumque
aetate negotium Magistratibus datum est ut sacra externa fieri vetarent,
In the daies of our Ancestors they often made laws forbidding any stranger
rites;</hi> but commanded that onely their own country gods should be wor<g ref="char:EOLhyphen"/>shipped,
and that after their country manner. For this was enjoyned in the
laws of the XII. Tables, <hi>Nemo separatim Deos cabessit.</hi> No man must have
a religion of his own, but that which is appointed by laws. And upon
this stock <hi>Claudius</hi> banished the Jews from <hi>Rome,</hi> and quite extinguish'd
the superstition of the <hi>Druides,</hi> which <hi>Augustus Caesar</hi> had so often prohibi<g ref="char:EOLhyphen"/>ted.
But most full to this purpose is the Narrative which <hi>Dio</hi> makes of
the counsel which <hi>Mecaenas</hi> gave to young <hi>Octavian,</hi> 
                        <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>,
<hi>Worship God alwaies and every where according to your
Country Customs, and compel others so to doe: but hate and punish the bringers
in of strange religions; because they who bring in new Deities and formes of
worship, they persuade men to receive other laws, and make leagues, Covenants,
factions and confederacies.</hi>
                     </p>
                     <p>And therefore to prevent innovations in religion,<note place="margin">14.</note> the <hi>Romans</hi> often
inquir'd after those who had books of strange religions, and when they
found any they burn'd them;<note place="margin">Liv. 5. dec. 3. &amp; lib. 10. dec. 4. in Augusto, c. 31.</note> as we find in <hi>Livy</hi> and <hi>Suetonius.</hi> They would
not suffer the rites of religion to be publickly disputed: and <hi>Augustus</hi>
would not have the Causes of the Rites of <hi>Ceres</hi> heard in open Court.
And when <hi>Ptolemy</hi> of <hi>Egypt</hi> was press'd to hear the Controversy between
the <hi>Jewes</hi> and the <hi>Samaritans</hi> concerning the Antiquity of their Religion,
he would not admit any such dispute, till the Advocates would undertake
their cause to be just upon the pain of death, so that they who were
overcome in the cause should die for it; and that they should use no argu<g ref="char:EOLhyphen"/>ments
but those which were taken from the received laws of their Coun<g ref="char:EOLhyphen"/>try,
the law of <hi>Moses:</hi>
                        <note place="margin">Joseph. lib. 13. Antiq. Judic. c. 6.</note> they did so, and the advocates of the <hi>Samaritan</hi>
party being overcome were put to death. For they knew that to introduce
a new religion with fiercenesse and zeal would cause disturbances and com<g ref="char:EOLhyphen"/>motions
in the Common-wealth; and none are so sharp, so dangerous and
intestine as those which are stirred by religion. <hi>Pro aris &amp; focis</hi> is the great<g ref="char:EOLhyphen"/>est
of all contentions, for their Countrey religion and their Countrey dwel<g ref="char:EOLhyphen"/>lings:
<hi>for their Altars and their hearths even old women and children will car<g ref="char:EOLhyphen"/>ry
clubs and scalding water.</hi>
                        <note n="*" place="margin">Novel. 103. c. 2.</note> This caution therefore was also observ'd by
Christian Princes. <hi>Justinian</hi> gave in charge to the <hi>Proconsul</hi> of <hi>Palaestine</hi> to
prevent all popular tumults which from many causes use to disturb the Pro<g ref="char:EOLhyphen"/>vince,
<hi>tum verò maximè ex diversitate religionum….quandoquidem ut mul<g ref="char:EOLhyphen"/>tos
illic tumultus existere cernimus, neque leves horum eventus: but especi<g ref="char:EOLhyphen"/>ally
those that proceed from diversities of religion; for this begets many tu<g ref="char:EOLhyphen"/>mults,
and these usually sit very heavy upon the Common-wealth:</hi> the changes
of religion being most commonly the most desperate paroxysmes that can
happen in a sickly state. Which <hi>Leontinus</hi> Bp. of <hi>Antioch</hi> express'd pret<g ref="char:EOLhyphen"/>tily
by an Emblem; for stroaking of his old white head, he said, <hi>When this
snow is dissolv'd, a great deal of dirty weather would follow:</hi> meaning
when the old religion should be question'd and discountenanc'd, the new
<pb n="169" facs="tcp:58903:395"/>
religions would bring nothing but trouble and unquietnesse.</p>
                     <p>This course of forbidding new religions is certainly very prudent,<note place="margin">15.</note> &amp;
infinitely just and pious. Not that it is lawful for a Prince to persecute the
religion of any other Nation, or the private opinion of any one within his
owne; but that he suffer none to be superinduc'd to his owne to the danger
of peace and publick tranquillity. The persuasions of religion are not to
be compell'd: but the disturbances by religion are to be restrained by the
laws. And if any change upon just reason is to be made, let it be made by
authority of the supreme: <hi>ut respublica salva sit;</hi> that he may take care that
peace and blessings may not goe away to give place to a new probleme.
When it is in the Princes hands he can make it to comply with the publick
laws, which he then does best of all when he makes it to become a law it
self. But against the law no man is to be permitted to bring in new reli<g ref="char:EOLhyphen"/>gions,
excepting him onely who can change the law, and secure the peace.
Beyond this no compulsion is to be us'd in religion:<note place="margin">lib. 1. Paedag. c. 1.</note> 
                        <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>,
said S. <hi>Clemens Alexandrinus, All religion must enter by exhortation;</hi>
for it is intended <hi>to beget a desire in our mind that is of the same cognation, a
desire of the life that now is, and of that which is to come.</hi>
                        <note place="margin">apud Cassiodo<g ref="char:EOLhyphen"/>rum, lib. 2. Va<g ref="char:EOLhyphen"/>riar. ep. 27.</note> The same with that
of <hi>Theodoricus</hi> King of the <hi>Romans, Religionem imperare non possumus, quia
nemo cogitur ut credat invitus:</hi> and <hi>Theobaldus</hi> writing to the Emperor <hi>Ju<g ref="char:EOLhyphen"/>stinian</hi>
argued well,<note place="margin">lib. 10. ep. 26.</note> 
                        <hi>Since God himself is pleas'd to permit many religions,
we dare not by force impose any one; for we remember to have read that we
must sacrifice to God with a willing mind, not by the command of any one
that compels.</hi> And therefore the old <hi>Romans,</hi> the <hi>Greeks,</hi> the <hi>Scythians,</hi>
although they would admit no new religion amongst their own people,
would permit to every Nation to retain their own; by this practice of
theirs declaring that religion is not to be forc'd abroad, nor chang'd at home,
but that it was by the supreme power of the Republick to be conducted
so as to comply with the interest of the Commonwealth. This was the
first remedy against the evils of religious pretences; which by being con<g ref="char:EOLhyphen"/>ducted
in the hands of the Civil power shews <hi>that</hi> to be supreme even in
the Questions of Religion.</p>
                     <p>2. The other which was found out by Men,<note place="margin">16.</note> is that they did take the
priesthood into the hands of the supreme civil power; and then they were
sure that all was safe.<note place="margin">Marsil. Ficin. in praefat. lib. Trismeg. Strabo lib. 5. In bell. Alex<g ref="char:EOLhyphen"/>andr. Diod. Sicul. l. 6. c. 10.</note> The <hi>Egyptians</hi> chose their priests out of their
Schools of learning, and their Kings out of their Colledges of Priests.
The Kings of <hi>Aritia,</hi> a place not far from <hi>Alba,</hi> were also priests of <hi>Diana:</hi>
The same is reported of the priests of <hi>Bellona,</hi> that they were the Kings of
<hi>Cappodocia,</hi> saith <hi>Hirtius;</hi> and the priests of <hi>Pantheon</hi> were supreme Judges
of all causes, and conductors of all their warres. The Kings of <hi>Persia</hi>
were alwayes consecrated to be Princes of the ceremonies, so was the
King of <hi>Lacedaemon:</hi> and at this day the Kings of <hi>Malabar</hi> are also <hi>Bra<g ref="char:EOLhyphen"/>menes</hi>
or priests; and it was a law amongst the <hi>Romans, Sacrorum omnium
potestas sub Regibus esto,</hi> The power of religion and all holy things was to be
under their Kings:<note place="margin">lib. 10. Aeneid.</note> and <hi>Virgil</hi> ever brings in his Prince <hi>Aeneas</hi> as president
of the sacrifical rites; and of something to the same purpose <hi>Ovid</hi> makes
mention,<note place="margin">Fastor.</note>
                        <q>
                           <l>Utque ea nunc certa est, ita Rex placare Superna</l>
                           <l>Numina lanigerae conjuge debet ovis.</l>
                        </q>
                        <pb n="170" facs="tcp:58903:396"/>
                        <hi>The King with the sacrifice of a Ram was to appease the Gods.</hi>
                        <note place="margin">lib. 2. De nat. Deor.</note> So did <hi>Romu<g ref="char:EOLhyphen"/>lus</hi>
and <hi>Numa; Romulus auspiciis, Numa sacris constitutis fundamenta jecerunt
Romanae civitatis,</hi> said <hi>Cicero:</hi> they built <hi>Rome,</hi> and religion was the foundati<g ref="char:EOLhyphen"/>on
of the city. And the same custome descended with the succeeding
Kings, as <hi>Dionysius Halicarnassaeus</hi> reports, <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>,
<hi>They had
the government of all sacrifices and holy rites, and whatsoever was to be done
to the Holy Gods, was done by them.</hi>
                     </p>
                     <p>When afterwards they separated the priesthood from the civil power,<note place="margin">17.</note>
they appointed a sacrificing King to take care of the rites, but they kept
him from all intermedling with civil affaires; he might beare no office in
the Common-wealth,<note place="margin">Festus Pom<g ref="char:EOLhyphen"/>peius, lib. 17. Dionys. Halic. lib. 4.</note> nor have any imployment in the army, nor make
an oration to the people, nor meddle with publick affaires: and yet be<g ref="char:EOLhyphen"/>sides
this caution, the supreme Magistrate was <hi>Pontifex Maximus;</hi> and al<g ref="char:EOLhyphen"/>though
he did not usually handle the rites,<note place="margin">A. Gell. lib. 10. cap. 15.</note> yet when he pleas'd he made
laws concerning the Religion,<note place="margin">Liv. lib. 2.</note> and punish'd the <hi>Augurs,</hi> and the <hi>Vestal</hi>
virgins, and was superior to the <hi>Rex sacrorum,</hi> and the whole College of
priests.</p>
                     <p>But when the Common-wealth was changed into Monarchy,<note place="margin">18.</note> 
                        <hi>Augustus</hi>
annexed the great Pontificate to the Imperial dignity, and it descended even
to the Christian Emperors, who because it was an honourary title, and was
nothing but a power of disposing religion, they at first refus'd it not: but
upon this account it was that <hi>Tacitus</hi> said of the <hi>Roman</hi> Emperor,<note place="margin">Annal. lib. 3.</note> 
                        <hi>nunc
Deûm munere summum Pontificem summum hominum esse, The greatest
priest is also the greatest</hi> Prince. * Now this device of theirs would indeed doe
their businesse, but it was more then was needfull. For though it were
certain that religion in the hands of the supreme Magistrate should never
disturb the publick; yet it might be as sure if the Ministery were in
other hands, and the Empire and conduct of it in their own. And that was
Gods way.</p>
                     <p>3. For God hath instrusted Kings with the care of the Church,<note place="margin">19.</note> with
the custody of both the Tables of his Law, with the defence of all the per<g ref="char:EOLhyphen"/>sons
of his Empire; and their charge is to preserve their people in all god<g ref="char:EOLhyphen"/>linesse
and honesty, in peace and in tranquillity: and how this can be done
without the supreme care and Government of religion is not easie to be un<g ref="char:EOLhyphen"/>derstood.</p>
                     <p>4. But this appears in that Kings, that is, the supreme power of
every Nation, are vicegerents of Christ,<note place="margin">Hebr. 1. 2.</note> who is <hi>Head of the Church, and
Heire of all things;</hi>
                        <note place="margin">Revel. 1. 5. 11. 17. 17. 14. 19. 16.</note> 
                        <hi>He ruleth with a rod of iron; He is Prince of the Kings of
the earth; The onely potentate, King of Kings and Lord of lords; To him
is given all power in Heaven and Earth,</hi>
                        <note place="margin">1 Tim. 6. 15.</note> 
                        <hi>and by him Kings reigne.</hi>
                        <note place="margin">Matth. 28. 18.</note> So
S. <hi>Athanasius,</hi>
                        <note n="*" place="margin">Serm. de B. Virg.</note> 
                        <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>,
<hi>Christ taking his throne hath translated it &amp; given it to holy Christi<g ref="char:EOLhyphen"/>an
Kings to return them back to the house of Jacob.</hi> The Fathers of the
Council of <hi>Ariminum</hi> writing to <hi>Constantius</hi> the Arrian Emperor, say to
him, that by Christ he had his Empire given him; <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>,
<hi>By him thou
<pb n="171" facs="tcp:58903:396"/>
art appointed to reigne over all the world.</hi> And upon this account <hi>Liberius</hi>
gave him this advice, <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>,
<hi>Fight not against him who hath given
thee this Empire; and in stead of thanksgivings, pay him not with dishonour.</hi>
For the Prince being an Arrian and denying the Divinity of Christ, did dis<g ref="char:EOLhyphen"/>honour
the Prince of the Kings of the earth, who had deserved better at his
hands. The consequent of this consideration is this, If Christ as the su<g ref="char:EOLhyphen"/>preme
King does rule his Church, and in this kingdome hath deputed the
kings of the earth, and his vicars they are, then they are immediately under
him in the Government of Christs Church. For Christ in Heaven is both
King and Priest. As King he reigns over all the world for the glory of his
Father and the good of his elect; as Priest he intercedes for all mankind, and
particularly <hi>for them who shall be heires of Salvation.</hi> Now in both these
relations he hath on earth deputed certain persons to administer and to
imitate his kingdome and priesthood respectively. For he governs all
the world, but he does it by his Angel Ministers, and by Kings his depu<g ref="char:EOLhyphen"/>ties.
He officiates in his priesthood himself, and in this he hath no deputy;
for he intercedes for us continually: but he hath appointed an order of holy
and consecrated persons to imitate the offices of this priesthood, to minister
the blessings of it to the people, to represent the death of the Crosse, to
preach pardon of sins to the penitent, to reconcile lapsed and returning sin<g ref="char:EOLhyphen"/>ners,
that is, to minister to the people all the blessings which he by the
office of priesthood procures in Heaven for us. Now it is certain that
he hath made deputies of his Kingdome; for all power being given to him
as the great King, there can be no Government upon earth but what
he appoints. <hi>The Government is upon his shoulders,</hi> and all the earth is his
inheritance, and therefore from him all just Government is deriv'd. Now
it being manifest that he is the fountain of all Kingly power, it is also as
manifest that all this power is delegated to the Kings of the earth; for <hi>by
me Kings reigne,</hi> saith the wisdome of God, and it is one of his most glori<g ref="char:EOLhyphen"/>ous
appellatives, that he is <hi>Prince of the Kings of the earth;</hi> and it is as cer<g ref="char:EOLhyphen"/>tain
that none of this kingly power was given to the ministers of religion,
but expressly denied to them. <hi>The Kings of Nations exercise dominion;</hi>
that's their province: <hi>but it shall not be so amongst you: But he that is
greatest amongst you let him be your minister.</hi> That's your state, you are
ministers of the kingdome to other purposes, in other manners; you
doe your work by serving, by humility, by charity, by labours and
compliance, by gentle treatments and the gentlest exhortations; nothing
of a King is to be in you,<note place="margin">Synes.</note> but the care: <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>,
<hi>for to joyne the kingdome and the priest<g ref="char:EOLhyphen"/>hood
Evangelical is to joyne in one band things of the most differing nature:</hi>
for the name of Kings hath power and constraint, Rods and axes; the
name of priests and Apostles hath in it nothing but gentle manners and holy
ministeries. Kings can compel; the ministers of religion must intreat.
They can kill; but at the most these can but rebuke sharply. These can
cut off from spiritual communion, and deny to give them mysteries that
will hurt the wicked and the indispos'd; but they can cut them off from
life it self. Kings justly seek honours, wealth and dignity, and it is al<g ref="char:EOLhyphen"/>lowed
them by laws and by necessity, and by their reason: But priests
must <hi>not seek their owne, but only the things of Jesus Christ.</hi> They must
indeed be maintain'd; the oxe cannot labour if his mouth be musled: but
though this be his maintenance it must be no part of his reward. Our bles<g ref="char:EOLhyphen"/>sed
<pb n="172" facs="tcp:58903:397"/>
Saviours word is rendred by S. <hi>Matthew</hi> by <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>,<note place="margin">Matth. 20. 25.</note> The Kings
of the people doe rule Imperiously. This very word is also us'd by S. <hi>Peter,</hi>
and forbidden to the elders of the Church, and to it is oppos'd <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>,
to feed the flock like shepherds. The manner of <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap> us'd by S. <hi>Paul,</hi> or
<gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap> us'd by S. <hi>Matthew</hi> and S. <hi>Peter, the exercising dominion</hi> is
<hi>compulsion,</hi> and great riches: this is also forbidden to the Clergy, they
must not doe any thing <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>, nor <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>, not <hi>for profit to
themselves,</hi> not <hi>with violence</hi> or <hi>imposing necessity upon others.</hi> The
Ministers of religion are very considerable <hi>in this Kingdome</hi> of Christ, to
promote and to advance it by holy preachings and holy ministrations:
but it is true which was solemnly declar'd in <hi>Babylon</hi> to the prince of the
Captives, <hi>officium ipsi non potestatem injungi, et ab eo die incipiendum ipsi
servire omnibus;</hi> their eminency is nothing but an eminency of service, it
is the greatest ministery in the kingdome, but hath in it the least of Empire.
But of this I shall have occasion to give a fuller account. For the present,
that which the present argument intends to perswade is, that the Ministers
of religion are onely officers under Christs priesthood, but subjects in his
kingdome, which is administred by Angels and Christian princes in all the
Imperial, in the defensive and coactive parts and powers of it. The Christi<g ref="char:EOLhyphen"/>an
King or supreme magistrate can doe every thing <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>,
as <hi>Comatenus</hi> said, <hi>onely except the sacred Ministeries:</hi> which is the same
which was said by the famous Bishop of <hi>Corduba, Hosius</hi> in <hi>Athanasius;
Neque igitur fas est nobis interris Imperium tenere, neque tu sacrorum et thymi<g ref="char:EOLhyphen"/>amatum
habes potestatem, Imperator, hoc est jus adolendi.</hi> The good Bishop
was speaking of the fact of <hi>Ozias,</hi> who though he had power over the priests,
yet had nothing to do to meddle with the rites of priesthood: <hi>It is not law<g ref="char:EOLhyphen"/>ful
for us to meddle with Empire or the rights of Government; nor for thee,
O Emperour, with the rites of incense.</hi> The summe is this, If Christ by his
kingly power governs his Church, and Christian Kings are his Deputies,
then they also are the Supreme under Christ of the whole Government of
the Church.</p>
                     <p>5. So that now I shall not need to make use of the precedents of the
Old Testament,<note place="margin">20.</note> nor recite how <hi>David</hi> order'd the courses of the <hi>Levites,</hi>
the use of the bow in the Quire, the solemnities of publick service, nor
how <hi>Solomon</hi> put <hi>Abiathar</hi> from the High-priesthood, nor how <hi>Jehu,</hi> nor
<hi>Hezekiah,</hi> nor <hi>Josiah</hi> reform'd religion, pull'd down Idols, burnt the
groves, destroyed the worship of <hi>Baal,</hi> reduc'd the religion of the God of
<hi>Israel.</hi> This indeed is an excellent argument, because it was a time in
which God gave his Priests more secular eminency and external advan<g ref="char:EOLhyphen"/>tages
then ever he did since, and also because Christ chang'd nothing in the
kingdomes of the earth; he left them as he found them, onely he intended
to make them ministers and portions of his kingdome; and that they
should live privately, and govern publickly by his measures, that is, by the
justice and mercy Evangelical. But this argument I was the more willing
to touch upon because the Church of <hi>England</hi> much relies upon it in this
question, and excommunicates those who deny the Supreme civil power
to have the same authority in causes Ecclesiastical, which the pious Kings
of the <hi>Hebrews</hi> had over the Synagogue: But I find the ancient Doctors
of the Church pressing much upon the former <hi>medium,</hi> That Christ
hath specially intrusted his Church to Christian Princes. For,</p>
                     <p>
                        <pb n="173" facs="tcp:58903:397"/>
6. Christ shall call Christian Kings to account for souls.<note place="margin">21.</note> 
                        <hi>Cognoscant
Principes seculi Deo se debere rationem reddere propter Ecclesiam quam à
Christo tuendam suscipiunt. Nam sive, augeatur pax &amp; disciplina Eccle<g ref="char:EOLhyphen"/>siae
per fideles Principes, sive solvatur, ille ab eis rationem exigit qui eorum
potestati suam Ecclesiam credidit,</hi>
                        <note place="margin">in Sent. c. 51.</note> said <hi>Isidore Hispalensis. Let the Princes of
the world know that they must give an account to God for the Church which
they have received from Christ into their Protection. For whether the peace
and Discipline of the Church be encreased by faithful Princes, or whether it
be dissolv'd, he who hath intrusted his Church to their power will exact an ac<g ref="char:EOLhyphen"/>count
from them.</hi> And therefore P. <hi>Leo</hi> to <hi>Leo</hi> the Emperor gave this adver<g ref="char:EOLhyphen"/>tisement,<note place="margin">Epist. 75.</note>
                        <hi>Debes incunctanter advertere Regiam potestatem tibi non solum ad
mundi regimen, sed maximè ad Ecclesiae praesidium esse collatam, You must di<g ref="char:EOLhyphen"/>ligently
remember that the supreme power is given to you not onely for the
government of the world, but especially for the safety and defence of the Church.</hi>
Now this defence not being onely the defence of guards, but of lawe; not
onely of persons, but especially of Religion, must needs inferre that Kings
have something more to doe in the Church then the Court of Guards
hath: he defends his subjects in the service of God; he defends and pro<g ref="char:EOLhyphen"/>motes
this service; he is not to defend them if they disserve Christ, but to
punish them, and of this he is Judge and Exactor: and therefore this de<g ref="char:EOLhyphen"/>fence
declares his right and Empire. <hi>Ex quo Imperatores facti sunt Chri<g ref="char:EOLhyphen"/>stiani
res Ecclesiae ab ipsis dependisse:</hi> so <hi>Socrates</hi> expresses this question.
<hi>Ever since the Emperors became Christian the affaires of the Church have de<g ref="char:EOLhyphen"/>pended
upon them.</hi> They did so before, but they did not look after them:
they had the power from Christ, but they wanted his grace: they owed
duty to him, but they paied it not, because they had no love for him. And
therefore Christ took what care he pleas'd, and supported it in persecution,
and made it grow in despite of opposition: and when this he had done long
enough to prove that the religion came from God, that it lost nothing by
persecution, but that his servants loved him and died for him, then he cal<g ref="char:EOLhyphen"/>led
the Princes into the house of <hi>Jacob,</hi> and taught them how to admini<g ref="char:EOLhyphen"/>ster
his power to the purposes of his own designement. Hence come those
expressions us'd often by Antiquity concerning Kings, calling them <hi>Vicarios
Dei, verae religionis Rectores,</hi> 
                        <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>, <hi>the Deputies of God,
Governours of true Religion, the Captains and Conductors of faith and God<g ref="char:EOLhyphen"/>linesse;
ad quorum curam,</hi>
                        <note place="margin">S. August. Ep. 166.</note> 
                        <hi>de qua Deo rationem reddituri erant, res illa maximè
pertinebat,</hi> For to their care Religion and the Church did belong, and con<g ref="char:EOLhyphen"/>cerning
that care they were to give an account to God.</p>
                     <p>Now if we descend to a consideration of the particular charges and
offices of Kings in relation to the Church,<note place="margin">22.</note> it will not onely be a mighty ve<g ref="char:EOLhyphen"/>rification
of the Rule, but also will minister to the determination of many
cases of Conscience concerning Kings and concerning the whole order Ec<g ref="char:EOLhyphen"/>clesiastical.
This I shall doe in the following Rules, which are but appen<g ref="char:EOLhyphen"/>dices
to this.</p>
                  </div>
                  <div n="5" type="rule">
                     <pb n="174" facs="tcp:58903:398"/>
                     <head>RULE V. Kings have a legislative power in the affaires of Re<g ref="char:EOLhyphen"/>ligion
and the Church.</head>
                     <p>
                        <hi>THis is expressely taught by S.</hi> Austin.<note place="margin">1.</note> In hoc Reges sicut eis divinitus
praecipitur Deo serviunt in quantum Reges sunt,<note place="margin">Contr. Cres<g ref="char:EOLhyphen"/>con. l. 3. c. 51.</note> si in suo regno bona
jubeant, mala prohibeant, non solùm quae pertinent ad humanam societatem,
verùm etiam quae pertinent ad Divinam religionem, In this Kings in that
capacity serve God according to the Divine Commandement, if in their respe<g ref="char:EOLhyphen"/>ctive
kingdomes they command good things and forbid evil, not onely in rela<g ref="char:EOLhyphen"/>tion
to humane society, but in order to religion.</p>
                     <p>The least part of this power is to permit the free exercise of it,<note place="margin">2.</note> and to
remove all impediments, and to give it advantages of free assemblies, and
competent maintenances and just rewards and publick encouragements. So
<hi>Cyrus</hi> and <hi>Darius</hi> gave leave and guards and rescripts, warranty and provi<g ref="char:EOLhyphen"/>sions
and command to the Jewes of the Captivity to build the Temple.
So <hi>Constantine</hi> and <hi>Licinius</hi> did to the Christians to practise their religion.
Thus <hi>Hezekiah</hi> and some other pious Kings of the Hebrews took away the
offences of the people, the brazen serpent, the groves and images, the altar
of <hi>Bethel,</hi> and the idolatrous services. And of these things there is little
question; for the Christian Princes by their Authority shut up the Temples
of the Heathen Gods.</p>
                     <p>That which is yet more considerable is,<note place="margin">3.</note> that by punishments they
compel their Subjects to serve God and keep his Commandements. That
which was observed of the Primitive Christians, that they tied themselves
by oaths and Covenants to serve God, to doe justice, not to commit a<g ref="char:EOLhyphen"/>dultery,
to hurt no man by word or deed, to doe good to every man they
could, to assemble together to worship Christ, that Christian Princes are
to secure by laws, that what men will not doe by choice, they may whether
they will or no; and this not onely in things relating to publick peace and
the interest of the Republick, but in the immediate matters of religion:
such as are laws against swearing, against Blasphemy, against drunkennesse
and fornication and the like, in which the interest of souls is concerned, but
not the interest of publick peace. <hi>Hoc jubent Imperatores quod jubet Christus;</hi>
and it is a great service to Christ that the fear of men be superadded; be<g ref="char:EOLhyphen"/>cause
to wicked persons and such for whom the severity of laws was made,
it often prevailes more then the fear of God.</p>
                     <p>But that which is more then all this is,<note place="margin">4.</note> that besides those things in
which God hath declar'd his will, the things of the Church, which are di<g ref="char:EOLhyphen"/>rectly
under no Commandement of God, are under the supreme power of
Christian Princes. I need no other testimony for this but the laws them<g ref="char:EOLhyphen"/>selves
which they made, and to which Bishops and Priests were obedient
and profess'd that they ought to be so. And this we find in the instance
<pb n="175" facs="tcp:58903:398"/>
of divers Popes who in their epistles gave command to their Clergy to ob<g ref="char:EOLhyphen"/>serve
such laws which themselves had received from Imperial edicts. For
there are divers laws which are by <hi>Gratian</hi> thrust into his collection which
were the laws of Christian Princes. The Canon <hi>Judicantem.</hi> 13. <hi>q.</hi> 5. ex<g ref="char:EOLhyphen"/>pressing
the office of a Judge in the Cognisance of causes, attributed by
<hi>Gratian</hi> to Pope <hi>Eleutherius,</hi> was a law made by the Emperor <hi>Constantine,
l.</hi> 1. <hi>C. de Judic. C. Theodos.</hi> and so was that which was attributed to <hi>P.
Fabian</hi> against accusers, <hi>Can. si quis iratus:</hi> it is in the Theodosian Code
and was made by the same Prince. The Canons which goe under the names
of<note n="a" place="margin">3. q. 6. c. 16, 17. &amp; 2. q. 8. c. 4.</note> 
                        <hi>Sixtus</hi> and<note n="b" place="margin">2. q. 3. c. 3.</note> 
                        <hi>Adrian</hi> and <hi>Fabian</hi> before cited of the same title were
made by <hi>Gratian</hi> the sonne of <hi>Valentinian</hi> the Elder:<note n="c" place="margin">3. q. 6. c. 1.</note> who also made the
rescripts for restitution of Church-goods taken from Bishops when they were
forc'd from their Sees, attributed to Pope <hi>Caius</hi> and Pope <hi>John. Theodosius</hi>
the Emperour made the <hi>Canon qui ratione</hi>
                        <note n="*" place="margin">3. q. 9.</note> for order in accusations, which
yet is attributed to Pope <hi>Damasus,</hi> but is in the Theodosian Code: for thus the
Popes easily became law-givers when they adopted into the Canon the laws
of their Princes, which by their authority prevail'd beyond the memory
of their first makers. The Canon <hi>Consanguineos,</hi>
                        <note place="margin">35. q. 6.</note> for separation of mar<g ref="char:EOLhyphen"/>riage
within the prohibited degrees, was not the Popes, but made by <hi>Theo<g ref="char:EOLhyphen"/>dosius,</hi>
as it is thought, at the instance of S. <hi>Ambrose:</hi> and <hi>Valentinian</hi> made
the Canon <hi>Privilegia</hi> for confirmation of the privileges of the Church,<note place="margin">25. q. 2.</note>
which goes under the Name of <hi>Anacletus.</hi> I could reckon divers others,
for indeed the volume of the <hi>Decrees</hi> is full of such constitutions which the
Christian Emperors made, but they were either assumed by the Popes or
imputed to them. But that the Popes as Ecclesiastics had no authority to
make laws of Ecclesiastical affaires, but that the Emperors had, was suffi<g ref="char:EOLhyphen"/>ciently
acknowledged by Pope <hi>Honorius.</hi>
                        <note place="margin">c. 1. Ext. de juram. calum.</note> 
                        <hi>Imperator Justinianus decrevit ut
Canones Patrum vim legum habere oporteat, That the Canons of the
Fathers became a law in the Church, was by the constitution of the Emperor
Justinian.</hi> For that was all the end both of the labours of warre and the
Counsels of peace, <hi>ut veram Dei cultum orbis nostri plebs devota custodiat,</hi>
said <hi>Theodosius</hi> and <hi>Honorius</hi> in their letters to <hi>Marcellinus: that our people
may devoutly follow the true worship of God.</hi>
                     </p>
                     <p>Upon this account we find that <hi>Constantine,</hi>
                        <note place="margin">5.</note> 
                        <hi>Anastasius</hi> and <hi>Justinian</hi>
made laws concerning the expence and rites of sepulture. <hi>Gratian, Valen<g ref="char:EOLhyphen"/>tinian</hi>
and <hi>Theodosius</hi> forbad dead corps to be interred within the memo<g ref="char:EOLhyphen"/>rials
of Martyrs and Apostles. <hi>Honorius</hi> appointed the Number of Deanes
in the <hi>Metropolis,</hi> and the Immunities of every Church. <hi>Leo</hi> and <hi>Anthemius</hi>
forbad alienation of Church-lands. But what should I instance in parti<g ref="char:EOLhyphen"/>culars?
they that know not this are wholly strangers to the Civil law, par<g ref="char:EOLhyphen"/>ticularly
the first book of the Code, the Authentics, the Capitulars of the
French Princes, the laws of the <hi>Goths</hi> and <hi>Vandals,</hi> and indeed of all the
Christian Princes of the world. But the first titles of the Code, <hi>De summa
Trinitate &amp; fide Catholica, De sacrosanctis Ecclesiis, De Episcopis &amp; Cle<g ref="char:EOLhyphen"/>ricis,
De Episcopali Audientia, De haereticis, Manichaeis, Samaritis,
De Apostatis,</hi> and divers other are witnesses beyond exception. * Now
in this there is no exception of matter. For whatsoever is under Govern<g ref="char:EOLhyphen"/>ment
is also under the laws of Princes:<note place="margin">Novel. 133.</note> 
                        <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>,
said <hi>Justinian.</hi> Nothing comes amisse to the Prince, every thing is
under the Royal cognisance. <hi>Constantine</hi> made laws concerning festivals, and
appointed what labours might and what might not be done upon the Lords
<pb n="176" facs="tcp:58903:399"/>
day;<note place="margin">C. de feriis. l. 3. &amp; Cod. Theod. de fer. l.</note> and so did <hi>Leo</hi> the Emperour. <hi>Valentinian</hi> the Elder made a law that
no Clergy-man should receive an inheritance by the will or gift of widdows
and orphans, unlesse they were of the Kindred. <hi>S.</hi>
                        <note n="†" place="margin">Epist. 31.</note> 
                        <hi>Ambrose</hi> complains
heavily of the law,<note place="margin">1. Leo. 6. Novel. 54.</note> and so does <hi>S.</hi>
                        <note n="*" place="margin">Ep. 2. ad Nepotian.</note> 
                        <hi>Hierome,</hi> but confesses it was just, and pro<g ref="char:EOLhyphen"/>cur'd
by the avarice of some Clergy-men who under cover of religion made
a prey of the widdows. But this Decree was sent to Pope <hi>Damasus</hi> and
publickly read in the Churches of <hi>Rome.</hi> And <hi>Honorius</hi> the Emperor made
a law concerning the election of the Pope. Which two last instances I reckon
to be very great, because at <hi>Rome</hi> now-a-daies they are intolerable.</p>
                     <p>But if all these laws were made by Emperors onely by force,<note place="margin">6.</note> against
right &amp; justice, &amp; beyond their just power, then we are never the nearer for
this argument:<note place="margin">tom. 7. A. D. 541.</note> &amp; that it is so, <hi>Baronius</hi> is bold to affirm, who upon this title
blames <hi>Justinian</hi> for medling with the affaires of the Church: for <hi>Quid
Imperatori cum Ecclesia? what hath the Emperor to doe with the Church?</hi> we
know who said it. And therefore a Synod at <hi>Rome</hi> under <hi>Symmachus</hi>
abrogated a law made by <hi>Basilius</hi> a Deputy of King <hi>Odoacer</hi> in an assembly of
Ecclesiastical persons, in the vacancy of the See Apostolick, upon the death
of <hi>Simplicius.</hi> Now the law was a good law, it forbad the alienation of
the goods of the Church; yet because it was a law made by a laick, they
thought fit to annul it.</p>
                     <p>To these things I answer,<note place="margin">7.</note> that it matters not what <hi>Baronius</hi> says
against <hi>Justinian,</hi>
                        <note place="margin">apud Radenon. in Frider. lib. 1. cap. 15.</note> for Pope <hi>Hadrian</hi> the 4<hi rend="sup">th,</hi> who is much more to be credited,
commends him, &amp; propounds him as a great Example imitable by all Princes:
and it was not <hi>Justinian</hi> alone, but very many other Princes both before
and after <hi>Justinian:</hi> and therefore to ask <hi>what hath the Emperour to doe with
the Church?</hi> might become <hi>Donatus</hi> (whose saying it was, and whom S.
<hi>Austin</hi> confuted for saying so) but it becomes not any man that loves truth
and order.<note place="margin">Epist. 166.</note> As for the <hi>Roman</hi> Synod under <hi>Symmachus,</hi> the matter was
this. He would needs make himself head of a Synod without the Bishop,
(for he was lately dead) and made a law with an <hi>Anathema</hi> for the Sanction,
and would have it passe not for the law of the Prince, but for a law of the
Church; which because the Ecclesiastics had no reason to accept for such,
when it was not so, they did annul it: <hi>talem legem viribus carere, nec posse in<g ref="char:EOLhyphen"/>ter
Ecclesiastica ullo modo censeri,</hi> said <hi>Eulalius</hi> the Bp. of <hi>Syracuse</hi> in that Sy<g ref="char:EOLhyphen"/>nod.
* But that this makes nothing against the Prince his power of making
laws, appears by the great submission which even the Bishops of <hi>Rome</hi> them<g ref="char:EOLhyphen"/>selves
made to the Imperial laws, even when they lik'd them, and when
they lik'd them not. I instanc'd before in <hi>Damasus</hi> causing the law of <hi>Valen<g ref="char:EOLhyphen"/>tinian</hi>
against Clergy-men receiving inheritances from widdows to be read
in all the Churches of <hi>Rome.</hi> Pope <hi>Boniface</hi> consented to the law which
<hi>Honorius</hi> the Emperor made about the election of the Pope, and was so far
from repudiating an Ecclesiastical law made by the Prince, that he intreated
him to make it. But that which is most material to this inquiry is, the obe<g ref="char:EOLhyphen"/>dience
of S. <hi>Gregory</hi> the great to <hi>Mauritius</hi> the Emperor,<note place="margin">l. 2. ind. 11. ep. 61.</note> who made a law
that no Souldier should turn Monk without his leave. This S. <hi>Gregory</hi>
esteem'd to be an impious law, he modestly admonished the Emperour of
the irreligion of it. But <hi>Maurice</hi> neverthelesse commanded him to pub<g ref="char:EOLhyphen"/>lish
the law. The good Bishop knew his duty, obeyed the Prince, sent it
up and down the Empire, and grave this account of it: <hi>Utrobique quae debui
exolvi, qui Imperatori obedientiam prabui, &amp; pro Deo quod sensi minimè
<pb n="177" facs="tcp:58903:399"/>
tacui, I have done both my dutyes, I have declar'd my mind for God, and have
paid my duty and obedience to the Emperour. Legibus tuis ipsi quoque pa<g ref="char:EOLhyphen"/>rent
Religionis Antistities,</hi>
                        <note place="margin">Epist. 10.</note> said Pope <hi>Gelasius</hi> to <hi>Anastasius</hi> the Emperor.
Even the Bishops, the <hi>Ministers of Religion, obey thy laws.</hi> Now this is not
for decency onely, &amp; upon prudent considerations, but upon necessity and by
the Divine authority: <hi>cognoscentes Imperium tibi supernâ dispositione colla<g ref="char:EOLhyphen"/>tum,</hi>
as <hi>knowing that the Empire is given to thee by God.</hi> And therefore the
great Prelates of the Church, when they desir'd a good law for the Churches
advantage should be made, they presently address'd themselves to the Em<g ref="char:EOLhyphen"/>peror,
as to him who alone had the legislative power. I have already in<g ref="char:EOLhyphen"/>stanc'd
in pope <hi>Boniface</hi> intreating <hi>Honorius</hi> to make a law concerning the
election of the Pope. <hi>Sergius</hi> also Patriarch of <hi>Constantinople</hi> petition'd
the Emperor <hi>Heraclius</hi> to publish a pragmatic sanction that no man should
be admitted into the Clergy but into a dead place. * These things are so
plain,<note place="margin">c. 14.</note> that I may justly use the words of the Fathers of the 6<hi rend="sup">th</hi> Council of
<hi>Toledo,</hi> speaking of <hi>Chintillanus</hi> their King, <hi>Nefas est in dubium deducere
ejus potestatem cui omnium gubernatio superno constat delegata judicio, It is
impiety to call in question his power, to whom the Government of all is certain<g ref="char:EOLhyphen"/>ly
deputed by the Divine Judgement.</hi> I therefore conclude this particular
with the excellent words of Cardinal <hi>Cusanus.</hi>
                        <note place="margin">lib. 2. Cath. Concord. c. 40.</note> 
                        <hi>It becomes not any man to
say that the most sacred Emperors, who for the good of the Republick did make
many constitutions concerning the election of Bishops, collation of benefices, ob<g ref="char:EOLhyphen"/>servation
of religions, did erre. Nay, we have read that the Pope of</hi> Rome
<hi>hath intreated them that they would publish laws concerning Divine worship,
&amp; for the publick good, and against sinners of the Clergy. And lest peradventure
it be said that the strength of all these Constitutions did depend upon the appro<g ref="char:EOLhyphen"/>bation
of the Authority Apostolical or Synodical [viz. of the Pope or Council]
I will not insist upon this: although (let me say this) I have read and collected
fourscore and six chapters of Ecclesiastical Rules of the Antient Emperors,
which were to no purpose to insert here, and many other of</hi> Charles <hi>the Great
and his successors, in which many dispositions or appointments are to be found
concerning the Pope of</hi> Rome, <hi>and all Patriarchs, and the conservation of Bi<g ref="char:EOLhyphen"/>shops
and others; and yet I never read that ever any Pope was ask'd to approve
those laws, or if his approbation did intervene, that upon that account the laws
did bind. But it is read that some Popes of</hi> Rome <hi>have confess'd that they had
those Imperial laws in veneration.</hi> And this thing is so true and so publick<g ref="char:EOLhyphen"/>ly
known, that the <hi>French</hi> Embassadors openly told it in the Council of
<hi>Trent,</hi> that the Kings of <hi>France,</hi> by the Example of <hi>Constantine, Theodo<g ref="char:EOLhyphen"/>sius,
Valentinian, Justinian</hi> and other Christian Emperors, made many
laws concerning holy things, and that these did not onely not displease the
<hi>Roman</hi> Bishops, but they put many of them into their Canons: that the
chiefest Authors of these laws, <hi>Charles</hi> the Great and <hi>Lewis</hi> the ninth,
they thought worthy to be Canonis'd and declar'd Saints, and that the Bi<g ref="char:EOLhyphen"/>shops
of <hi>France</hi> and the whole order Ecclesiastical have piously rul'd and
govern'd the <hi>Gallican</hi> Church by the prescript of those Ecclesiastical laws
which their Kings had made.</p>
                  </div>
                  <div n="6" type="rule">
                     <pb n="178" facs="tcp:58903:400"/>
                     <head>RULE VI. The Supreme Civil Power hath a power of Coercion
of every person in the whole Order Ecclesiasti<g ref="char:EOLhyphen"/>cal.</head>
                     <p>HE that sayes all must be subject,<note place="margin">1.</note> need not instance in particulars, and
say that <hi>Titius</hi> and <hi>Sempronius,</hi> and the village Curate, and the Bishop of
the Diocese must be subject. But yet because of the pretences of some,
the Fathers of the Church have found it necessary to say, that even Eccle<g ref="char:EOLhyphen"/>siastics
must be subject;<note place="margin">Homil. 23. in Epist. ad Rom.</note> and that they are a part of the all. So S. <hi>Chrysostome</hi>
explicating the words of S. <hi>Paul,</hi> saith [<hi>But Paul gives us those reasons
which command us of duty to obey the powers; shewing that these things are
commanded to all, not to Seculars only, but to Priests and Monks: which he
shewes in the very beginning, when he saith, Let every soule be subject to the
supereminent powers; although thou beest an Apostle, or an Evangelist,
or a Prophet. For this obedience or subjection (be sure) will not destroy thy
piety.</hi> That S. <hi>Chrysostom</hi> here speaks of secular powers is evident in the
whole Homily, and it appears also in the words here reported; for he sayes
that even an Apostle must be subject, who because he hath no Superior
Ecclesiastical must be subject (if at all) to the Secular, or Supreme Civil
power. And this place is so understood by S. <hi>Irenaeus lib. 1. cap.</hi> 24. S. <hi>Basil in
Constit. monast. cap.</hi> 22. S. <hi>Ambrose</hi> upon this place, and S. <hi>Austin lib. de
Catech. rud. c.</hi> 21. and <hi>contr. Parmen. l.</hi> 1. <hi>c.</hi> 7. who expressely derides
those that expound the [<hi>higher powers</hi> of S. <hi>Paul</hi>] by Ecclesiastical ho<g ref="char:EOLhyphen"/>nours.</p>
                     <p>But this thing is evident by notoreity of fact.<note place="margin">2.</note> 
                        <hi>Theodoret</hi> tells of <hi>Euse<g ref="char:EOLhyphen"/>bius</hi>
Bishop of <hi>Samosata,</hi>
                        <note place="margin">Hist. l. 4. c. 15.</note> that when the Imperial edict of banishing him from
his See, and sending him into <hi>Thrace,</hi> was brought by a messenger in
the twilight, he charg'd him to say nothing, lest the people should tear
the officer in pieces. But the Bishop according to his custome went to
evening prayer; and then with one servant, with a book and a pillow went
to the water side, took a boat and pass'd over to <hi>Zeugma.</hi> The people
having soon miss'd their Bishop, followed him, found him out, would fain
have brought him back; but he refus'd, and told them is was the precept
of the Apostle, to be obedient to the higher powers: and upon that he
rested, and they return'd. And the same was the submission, and the same
was the reason of S. <hi>Athanasius,</hi> as appears in his Apology to <hi>Constantius</hi>
the Arrian Emperor;<note place="margin">Apolog. 2.</note> and the same subjection was professed by <hi>Justin
Martyr</hi> to <hi>Antoninus</hi> the Emperor, <hi>Nos solum Deum adoramus, et vobis in
rebus aliis laeti inservimus, Imperatores ac Principes hominum profitentes,
We onely worship God, in other things we chearfully serve you, as professing you
to be Emperors and the Princes of mankind. Ego quidem jussioni subjectus,</hi>
said S. <hi>Gregory</hi> to <hi>Mauritius,</hi> I am subject to command: and then it is cer<g ref="char:EOLhyphen"/>tain,
he was subject to punishment in case he disobeyed the command. <hi>Ad
hoc potestas super omnes homines Dominorum meorum pietati coelitus data est.</hi>
                        <note place="margin">Epist. ad Mau<g ref="char:EOLhyphen"/>ritium.</note>
He had no more immunity then any man else, for from heaven a power is
<pb n="179" facs="tcp:58903:400"/>
given to the Prince over all men.<note place="margin">Comm. in Tit. 1.</note> The effect of this instance and these words
of <hi>Gregory</hi> is acknowledged by <hi>Espencaeus, Gregorius Magnus agnoscebat
Imperatoribus concessum esse dominari Sacerdotibus, Gregory the Great ac<g ref="char:EOLhyphen"/>knowledged
that to the Emperors it was granted to rule over the Priests.</hi>
                        <note place="margin">de Privileg. c. super specula. c. innotuit, de Arbitr.</note> And
the same was affirmed by Pope <hi>Honorius,</hi>
                        <note place="margin">c. 1. de No. oper. nunc. c. constitutus de In integr. restitut. c. authoritate, de Concess. praeb. in 6.</note> 
                        <hi>Sancta Ecclesia legum saecularium
non respuit famulatum quae aequitatis &amp; justitiae vestigia imitantur, The Holy
Church refuses not to obey secular lawes that are equal and just.</hi>
                     </p>
                     <p>But I undertook to evidence the truth of this Rule by matter of fact
and authentic precedents.<note place="margin">3.</note> 
                        <hi>Constantine</hi> received the Libells which the Bishops
at <hi>Nice</hi> had prepar'd one against another. He told them indeed that it
was more fit for them to judge him,<note place="margin">Vide Athan. de Synod.</note> then he them, and therefore he burn'd
the papers;<note place="margin">Socrat. l. 1. c. 25.</note> but this signified nothing but that it was a shame to them
whose office was to reprove all sinners,<note place="margin">Sozom. l. 2. c. 28.</note> to accuse one another of crimes be<g ref="char:EOLhyphen"/>fore
their Prince. But that this was nothing but a modest redargution of
them appears, because he did upon their condemnation of <hi>Arrius</hi> banish
him,<note place="margin">Theodor. l. 1. c. 20.</note> and recalled him without their absolution of him.<note place="margin">id. ibid. c. 31.</note> He banish'd <hi>Euse<g ref="char:EOLhyphen"/>bius</hi>
and <hi>Theognis,</hi> whom the Council had depos'd, and took cognisance of
the cause between <hi>Athanasius</hi> and the Bishops his accusers;<note place="margin">Athanas. Apol. 2</note> that it might
appear what he had said to the Prelates at <hi>Nice</hi> was but a modest reproof or
a civil complement, for it was <hi>protestatio contra factum.</hi> If he said that, he
said one thing and did another. * His son <hi>Constantius</hi> caus'd <hi>Stephen</hi> Bishop
of <hi>Antioch</hi> to be convened in the palace upon the law <hi>de vi publica,</hi> and the
<hi>lex Cornelia de sicariis.</hi> His lay-Judges heard him, found him guilty, and
commanded the Bishops to depose him from his Bishoprick and expel him
out of the Church. His brother <hi>Constans</hi> heard <hi>Narcissus</hi> of <hi>Cilicia, Marcus</hi>
the <hi>Syrian, Theodore</hi> of <hi>Thrace</hi> and <hi>Maris</hi> of <hi>Chalcedon</hi> against <hi>Athanasius</hi> and
<hi>Paul</hi> Bishop of <hi>Constantiople.</hi>
                        <note place="margin">Socrat. l. 2. c. 14.</note> 
                        <hi>Valentinian</hi> the Emperor set a fine upon the
head of <hi>Chronopius</hi> the Bishop,<note place="margin">Sozom. l. 3. c. 9. l. 2. Quorum appel.</note> and inflicted divers punishments upon the
Bishops <hi>Ursicinus,</hi>
                        <note place="margin">Cod. Theod.</note> 
                        <hi>Ruffus, Ursus</hi> and <hi>Gaudentius</hi> for making schismes to the
disturbance of the publick peace. <hi>Gratian</hi> the Emperor depos'd <hi>Instantius,
Salvianus</hi> and <hi>Priscillian</hi> from their bishopris and banish'd them, and after<g ref="char:EOLhyphen"/>wards
recall'd them.<note place="margin">Socrat. l. 6. c. 16.</note> 
                        <hi>Arcadius</hi> the Emperour heard S. <hi>Chrysostom's</hi> cause
and banish'd him; and Pope <hi>Innocent,</hi> who found fault because he gave
wrong Judgment, yet blam'd him not for usurping of a right to judge him.
<hi>Theodosius</hi> the yonger imprison'd Bishop <hi>Memnon</hi> and S. <hi>Cyril</hi> of <hi>Alexan<g ref="char:EOLhyphen"/>dria.</hi>
Indeed the Prince was misinform'd by John of <hi>Antioch;</hi> but when by
the Great <hi>Ephesine</hi> council, he was rightly instructed, he condemn'd <hi>John</hi> of
<hi>Antioch,</hi> and afterwards released the two Bishops at the great &amp; passionate
<note n="*" place="margin">
                           <hi>Vestra pia ge<g ref="char:EOLhyphen"/>nua protensis manibus at<g ref="char:EOLhyphen"/>tingimus.</hi> Anastas. bibli<g ref="char:EOLhyphen"/>oth. in Sym<g ref="char:EOLhyphen"/>macho. Epist. Hor<g ref="char:EOLhyphen"/>misdae 56, 57. Novel. 42. et ponitur in Concil. Gen. 5. Act. 1. Liberatus in Breviat. c. 22.</note> petition and importunity of the Council of <hi>Ephesus.</hi> And when <hi>Ibas</hi>
Bishop of <hi>Edessa</hi> had excommunicated some priests of his Diocese, they ap<g ref="char:EOLhyphen"/>peal'd
to the Emperor and were heard. <hi>Theodoric</hi> King of <hi>Italy</hi> receiv'd ac<g ref="char:EOLhyphen"/>cusations
against Pope <hi>Symmachus,</hi> and sent <hi>Altinus</hi> a Bishop to be the visitor
of that See, and afterwards remitted the matter to a synod. <hi>Justinus</hi> the
Emperor gave judgment upon <hi>Dorotheus</hi> Bishop of <hi>Thessalonica</hi> for sedition
and homicide. <hi>Justinian</hi> banish'd <hi>Julian</hi> the Bishop of <hi>Halicarnassus, Se<g ref="char:EOLhyphen"/>verus</hi>
Bishop of <hi>Antioch, Peter</hi> of <hi>Apamea</hi> and <hi>Zoaras</hi> a Priest: but he also judged the cause of Pope <hi>Sylverius</hi> for certain treasonable letters; and re<g ref="char:EOLhyphen"/>called
him from banishment, but so that he should not be restor'd to his
See, unlesse he were found innocent of the accusation.</p>
                     <p>
                        <pb n="180" facs="tcp:58903:401"/>
I could reckon very many more instances to the same purpose,<note place="margin">4.</note> but
these are as good as more; especially being but particulars of that power
and just consequence of that authority which I have prov'd by the lawes of
God and the confessions of the Church to be inherent in the Supreme
power.<note place="margin">ad Can. 12. syn. Antioch.</note> I summe up this with the words of <hi>Balsamo. Quia statutum est nullum
per alium injuriâ afficiendum, ipse Patriarcha ab Imperatore, qui Ecclesiae habet
potestatis scientiam, judicabitur forte ut sacrilegus, vel malè de fide sentiens, vel
alicujus criminis reus: Hoc enim judicialiter actum vidimus diversis tempori<g ref="char:EOLhyphen"/>bus,
Because it is commanded that one man should not injure another, the Patri<g ref="char:EOLhyphen"/>arch
himself shall be judged of the Emperor, who hath cognisance over the power
of the Church peradventure for sacrilege, or for heresy, or for the guilt of any o<g ref="char:EOLhyphen"/>ther
crime; for we have divers times seen such judicial processes.</hi> And to the
same purpose the seventh Canon of the first Council of <hi>Matiscon</hi> subjects the
Clergy to the secular Judge in the causes of theft, witchcraft and murder;
and the Council of <hi>Toledo</hi> which is cited c. filiis 16. q. 7. does the like in
the matter of robbery or cosenage. For either Clergy-men are not sub<g ref="char:EOLhyphen"/>jects,
or they are bound by the lawes of their Prince. If they be not
subjects, how come they free? If they be subjects, where is their privilege?
or is the Spiritual calling of a nature so disparate and estrang'd from the
Commonwealth, that it is no part of it? or is it better then the Secular?
The questions are worthy inquiring after; but the decision of them will
take off many prejudices from this great measure of Conscience, concer<g ref="char:EOLhyphen"/>ning
the fountain of humane lawes and Judicatories.</p>
                     <p>But upon a closer view of the particulars it will be found that the
whole matter is a mistake;<note place="margin">5.</note> a false consequence drawn from a true estimate
of religion: For all men grant that religion is the greatest excellency, that
our soules are the biggest interest, that all our wealth is best imployed
when it is spent in Gods service, that all things must yield to our duty
to God: These are all very true, as every thing else is when it is truly un<g ref="char:EOLhyphen"/>derstood;
but what then? Therefore the ministers of religion are to be
preferred before the ministers of policy? Well, suppose that, for it is true
that every thing is best in it's own place and time. But what? therefore <hi>the
ministers of religion are superior to Princes,</hi> whose Government &amp; care, whose
office and imployment is meerly temporall? That will not follow; nor
this, Therefore <hi>the ministers of religion are in all things better;</hi> nor this,
Therefore <hi>they are in nothing inferior;</hi> nor this, Therefore <hi>they are not sub<g ref="char:EOLhyphen"/>ject
to Civil Government, and civil punishments.</hi> But these things must be
considered apart.</p>
                     <div n="1" type="question">
                        <head>I. Question. In what sense the service of God is to be preferr'd before every thing
else.</head>
                        <p>To this I answer,<note place="margin">6.</note> 1. That if the service of God be taken in a sense
oppos'd to any other thing which is not the service of God, there is no per<g ref="char:EOLhyphen"/>adventure
but it is to be preferred before every thing; for the question is
no more then this, whether we ought to serve God, or not to serve him.
For if that which is not Gods service comes in competition with that
which is, if the first be preferr'd, God is directly despis'd.</p>
                        <p>
                           <pb n="181" facs="tcp:58903:401"/>
2. If by the service of God is meant the vertue of religion express'd
in externall action,<note place="margin">7.</note> as saying our Prayers, receiving the holy Sacrament,
visiting Churches, sitting at the memorials of Martyrs, contemplation,
fasting, silence, solitude, and the like, then it is as certain that the service
of God in this sense is to be preferred before many things, but not before
all things; not before many things of our ordinary life, not before many
things of civil society. For to keep a holy-day is a part of the service of
God, but not to be preferred before bodily labour in our trade, if that la<g ref="char:EOLhyphen"/>bour
be necessary for the feeding our family with daily bread. Contemplati<g ref="char:EOLhyphen"/>on
is an excellent part of the Divine service; but charitable actions are more
useful. To heare a good Sermon is good; but to snatch even an oxe
out of a pit is to be preferr'd before it. This our Blessed Saviour taught us
in those excellent words, <hi>I will have mercy and not sacrifice.</hi> For not onely the
precise vertue of religion is the Divine service, though by propriety it hath
obtain'd the name: but the doing all our duties, the works of our calling,
all charitable ministeries, all useful trades, all the graces of the spirit ex<g ref="char:EOLhyphen"/>pressed
in actions and obedience, is the service of God, and of one it can<g ref="char:EOLhyphen"/>not
be said, it is better then another; for they shall all be requir'd in their
season. For,</p>
                        <p>3. It is one thing to inquire which is in it self more excellent,<note place="margin">8.</note> and an<g ref="char:EOLhyphen"/>other
thing to ask which we are to chuse; one thing to say this is to be pre<g ref="char:EOLhyphen"/>ferr'd
in estimation, and another to say this is to be preferr'd in practice. Ec<g ref="char:EOLhyphen"/>stasies
and raptures and conversing with blessed spirits are certainly actions
and passions respectively of greater eminency then dressing the sores of
poor boyes in Hospitals; and yet he that does this, serves Christ and does
good, while he that followes after the others may fall into the delusions of
the Devil. That which is best in it self is not best for me: it is best for the
best state, but not for the state of men who dwell in imperfection. Strong
meat is better then milk, but this is best for babes; and therefore he
would but ill consult to the good of his child who, because it is a princely
boy, would feed him with bief and venison, wild boare and the juice of
great fishes. Certainly a Jewel is better then a piece of frize; and Gold
is a more noble and perfect substance then barly: and yet frize and barly
doe in their season more good then gold and Jewels, and are therefore
much more eligible. For every thing is to be accounted of in it's own
place and scene of eminency: the eye loves one best, and the tongue and pa<g ref="char:EOLhyphen"/>late,
the throat and stomack love the other. But the understanding which
considers both gives the value according to the degree of usefulnesse, and
to the end of it's ministery. Now though our understanding can consider
things in their own perfections, and proportion honour and value to them;
yet that which is better then <hi>honour,</hi> love and desire, union and fruition
are due to those things most, which it may be we <hi>honour</hi> least. And there<g ref="char:EOLhyphen"/>fore
there are some parts of the service of God which are like meat and
cloths, and some which are like gold and Jewels; we value and admire
these, but we are to chuse the other: that is, we preferre one in discourse,
and the other in use; we give better words to one, and better usages to the
other. And therefore those parts of the Divine service which are most
necessary, and doe most good to mankind, are to be chosen before those that
look more splendidly, and in themselves import more perfection. The
foundation of a house is better then the roof, though the roof be gilded;
and that part of the service of God which serves the needs of mankind
<pb n="182" facs="tcp:58903:402"/>
most, is to be chosen before those which adorn him better: so that actions
of high and precise religion may be the excellencies and perfections of a
humane soul; but the offices of civil governours, their keeping men in
peace and justice, their affrighting them from vile impieties, may doe
much more good to mankind, and more glory to God in the whole event
of things.</p>
                        <p>4. But then if it be inquir'd whether is better,<note place="margin">9.</note> Prayers or Government,
a Pulpit or a Court of Judicature; I am to answer that they are both best
in their time. The Pulpit rules on Sundays, the Court of Judicature all the
week after. The Pulpit guides the Court, and the Court gives laws to the
Pulpit. The Pulpit gives counsel to this, and this gives commands to that.
But there is this difference, if the Pulpit says amisse we are not bound by it:
but if the Court judges ill, we may complain, but we must submit. But
then to inquire which is better, when they are both the servants of God, is
to make a faction in the house of Unity; and as there can be no good end
served in it, so there can be no good ground of reason or revelation by
which it can be determin'd.</p>
                        <p>5. If the question at last be,<note place="margin">10.</note> whether is to be preferr'd, the service of
God, that is, an act of religion, or an act of civil life; I answer, that ordi<g ref="char:EOLhyphen"/>narily
religion is to be preferr'd, when there can be a question reasonably
ask'd which is to be chosen. That is, if it be indifferent as to the person,
there is no indifference in the thing: for the religious act does more honour
to God and more good to us. But it is because that where our life and
time is empty of other duties, then and there is the time and proper season
of religion. But if it be not indifferent to the man, but an act of life or
civil calling be in it's season and appointment, then this is to be preferr'd be<g ref="char:EOLhyphen"/>fore
that.</p>
                        <p>6. Lastly,<note place="margin">11.</note> it is to be observed, that there are seasons ordinary and ex<g ref="char:EOLhyphen"/>traordinary
in our services of God. Every thing in it's season is to be pre<g ref="char:EOLhyphen"/>ferr'd:
and therefore upon Festivals we are to goe to Church and to publick
offices, upon other days to follow the works of our calling: and so prefer
both in their time. But sometimes these ordinary seasons are invaded by
extraordinary necessities, and then that must prevail which is most neces<g ref="char:EOLhyphen"/>sary
in it's season, and the other must give place. Now because this hap<g ref="char:EOLhyphen"/>pens
often in the needs of our life, and not very often in the needs of Re<g ref="char:EOLhyphen"/>ligion,
therefore in cases of Natural or Political necessities, the things of
the Commonwealth are to be preferr'd before the things of the Church;
that is, the service of God in charity before the service of God in the ver<g ref="char:EOLhyphen"/>tue
of external religion: and the reason is, because this can stay, and the o<g ref="char:EOLhyphen"/>ther
cannot; and this can be supplied with the internall, that is, the religion
of the heart, but that cannot be supplied with the charity of the heart.</p>
                     </div>
                     <div n="2" type="question">
                        <pb n="183" facs="tcp:58903:402"/>
                        <head>Question II. Which are to be preferr'd, and which are better, things Spiritual or things
temporal?</head>
                        <p>To this the Patrons of Ecclesiastic Monarchy give a ready answer out
of S. <hi>Gregory Nazianzen,</hi>
                           <note place="margin">12.</note> speaking to the Presidents.<note place="margin">Orat. 15. ad subd. tim. percul.</note> 
                           <hi>Nam vos quoque po<g ref="char:EOLhyphen"/>testati
meae meisque subselliis lex Christi subjicit. Imperium enim ipsi quoque
gerimus, addo etiam praestantius ac perfectius; nisi verò aequum est spiritum
carni fasces submittere, &amp; coelestia terrenis cedere, The law of Christ hath
subjected you also that are civil Magistrates to my chaire. For we also have
an Empire, yea a better and more perfect then yours, unlesse it be reasonable
that the Spirit should submit to the Flesh, and heavenly things give place to
earthly.</hi> For temporal things belong to the body, and spiritual things to
the soul: by how much therefore the soul is above the body, by so much
spiritual things are above the temporal. For a temporal end is and ought
to be subordinate to a spiritual; because temporal felicity is not the last end
of man, but spiritual and eternal: this therefore being the greatest, ought
to be ministred to by the cession of the temporal.</p>
                        <p>To this I answer,<note place="margin">13.</note> that temporal things ought to yield to <hi>spiritual,</hi> if
by spiritual things be meant the glory of God, and the good of souls, but
not to every thing that is spiritual. For though it be a spiritual imploy<g ref="char:EOLhyphen"/>ment
to serve God in the communion of Saints, and the life of a man be a
temporal thing; yet a man is not bound to lose his life to goe to publick
churches, but for his own souls salvation, for the promotion of religion
and the honour of God he is. A man is very much better then a beast; yet
the life of a beast is better then the superfluous hair of a mans beard. The
honour and reverent usage of Churches is a spiritual concern and a matter
of religion; and yet when an army is hard put to it, they may defend them<g ref="char:EOLhyphen"/>selves
by the walls and strength, and preserve their lives with an usage of
the Church, which was never intended by the patron that built it, or the
Bishop that consecrated it. When temporal life and eternal are compar'd,
when the honour of God or <hi>the advantage</hi> of a man are set in opposition,
when the <hi>salvation of a soul</hi> and <hi>the profit of trade</hi> are confronted, there is
no peradventure but the <hi>temporal</hi> must give way to the <hi>spiritual.</hi> But when
a <hi>temporal necessity</hi> and a <hi>spirituall advantage</hi> are compar'd, the advantage
in the nature of the thing is overballanc'd by the degree of the necessity,
and the greatnesse of the end: and it is better to sell the chalices of the
Church, and minister to religion in glasse or wood, then to suffer a man to
starve at the foot of the Altar. The consequent of this consideration is
this, That although spiri<gap reason="illegible" resp="#TECH" extent="2 letters">
                              <desc>••</desc>
                           </gap>al things are better then temporal, yet not every
thing of spiritual nature or relation is to be preferr'd before all temporals.</p>
                        <p>2. Another consideration is this,<note place="margin">14.</note> that there is difference also in the de<g ref="char:EOLhyphen"/>grees
and measures of cession or yielding. Temporal things must yield,
that is, we must so order our affaires that by them we serve God; our money
must goe forth in justice and charity, our time must yield up portions to re<g ref="char:EOLhyphen"/>ligion,
our persons must decline no labour for Gods service, and if ever
there comes a contest between our duty and our profit, or our ease, or our
<pb n="184" facs="tcp:58903:403"/>
advantage, we must by the losse of these secure our gaines and our interest
in that. But this preferment of one before another does not consist in
giving to one secular advantages before the other, temporal honours, and
precedences in processions, in escutcheons and atchievements, but in doing
the duty of that which is incumbent, and making the other minister to that
which is more necessary. He that preferres religion before the world is
not tied to bestow more money upon his chappel then upon his house.
If God had chosen him one place of residence, and a Temple for his house
and for the religion of the Nation, as he did among the Jews, there had
been a great decency &amp; duty of doing so upon many accounts; for then the
question had been between religion and irreligion, zeal and contempt, love
of God and neglect; and then the determination had been easy. But now
since the whole end of internal Religion can be serv'd by giving to places of
religion that adornment which may make the ministeries decent and fitted,
and of advantage; beyond this, when we come to a dispute between that
which is in order to a spiritual end, and that which serves a temporal,
more things are to come into consideration besides the dignity of the
relation.</p>
                        <p>3. For it is yet further to be observed,<note place="margin">15.</note> that when it is said that all
temporal things are subordinate to our Spiritual ends, the meaning is,
that all the actions of our life, all that we are, and all that we have, must be
directed actually or habitually to the great end of man, the glorification of
God and the salvation of our souls; because God hath ordain'd this whole
life in order to that; and therefore in the generality it is true that all tem<g ref="char:EOLhyphen"/>poral
things are to minister to spiritual. But then this is to be added, that
temporal things are not ordain'd to minister to spiritual intermedial things,
such, I mean, which are not directly and in circumstances necessary. I must
serve God with my substance; therefore I must by my substance contribute
to the just and appointed ministeries of religion: but it does not follow,
that if the Church multiply Priests unnecessarily, and God hath multi<g ref="char:EOLhyphen"/>plied
my children naturally, that therefore I must let my children want to
feed the numerous company of them that can minister spiritual things.
The whole is subordinate to the whole, that is all our temporalities are
given us to serve God with: but then they are given us also to serve our own
needs that we may serve God; but they are not any other ways subordi<g ref="char:EOLhyphen"/>nate,
but to enable us to serve him, not to serve the particular spiritual
end, unlesse it be by accident, that is, not unlesse we cannot serve God
without it.</p>
                        <p>4. For temporal things and spiritual things have both the same super<g ref="char:EOLhyphen"/>natural
end,<note place="margin">16.</note> that is, Gods glory and eternal felicity. And sometimes they
severally tend to this end, and then they are to goe their own ways, and not
to minister and be subordinate to each other. But sometimes they are to
combine and to cooperate, and then temporal things must serve spiritual,
and spiritual must serve the temporal. For example. The Temporal or
Civil power hath for it's end publick tranquillity, that men may serve God
in all Godlinesse and honesty. The Ecclesiastical power hath the same
end: <gap reason="foreign">
                              <desc>〈 in non-Latin alphabet 〉</desc>
                           </gap>, said <hi>Isi<g ref="char:EOLhyphen"/>dore
Pelusiot.</hi> I shall not now consider the whole effect of this truth, but in
order to the present say, that since both temporal and spiritual things mi<g ref="char:EOLhyphen"/>nister
to the same end, that is, salvation of mankind, they are distinct me<g ref="char:EOLhyphen"/>thods
<pb n="185" facs="tcp:58903:403"/>
or instruments to that end, and of themselves are not in subordina<g ref="char:EOLhyphen"/>tion
to one another; but as temporal things must serve spiritual when there
is need, so must spiritual serve the temporal when they require it: The
temporal power must defend religion, and religion must minister to the
publick peace. The Prince must give advantages to the Ministers of reli<g ref="char:EOLhyphen"/>gion;
and the Ministers of religion must pray for the Princes armies, his
prosperity, his honour, and by preachings and holy arts must give bridles
to the subjects, keeping them in duty by the means of Conscience. The
Prince by laws and fear makes men just and temperate, chast and peaceable:
The Priest does but the same thing by the word of his proper ministery.
He that does it most effectually is the most happy: but he that will goe a<g ref="char:EOLhyphen"/>bout
to compare which does it most, and therefore is to be preferr'd, shall
then hope to doe it prosperously when he can tell which side of the Aequi<g ref="char:EOLhyphen"/>noctial
hath most starres, or whether have most drops of water, the Nor<g ref="char:EOLhyphen"/>thern
or the Southern seas. The summe of this consideration is this, that
although temporal things <hi>in their latitude</hi> are to serve spiritual ends, mea<g ref="char:EOLhyphen"/>ning
the great end of the perfection of our Spirits: yet so must the <hi>inter<g ref="char:EOLhyphen"/>medial
spiritual</hi> things serve the same great end; but the <hi>intermedial tempo<g ref="char:EOLhyphen"/>ral</hi>
and the <hi>intermedial spiritual</hi> are not subordinate to one another, unless
it be by accident, and that may and often does happen on either side.</p>
                        <p>But I must adde one thing more for explication;<note place="margin">17.</note> and that is, that
though all things of the world are to minister to the great end of souls, and
consequently are subordinate to that great end; yet it is (that I may use S.
<hi>Pauls</hi> expression in another case) <hi>by reason of him that hath put all things
under it:</hi> for this subordination is not natural, or by the nature of the
thing, but by the wise Oeconomy and disposition of God; who having ap<g ref="char:EOLhyphen"/>pointed
that all things shall <hi>be sanctified by the word of God and prayer,</hi> that
Natural powers shall be heightened by grace, and shall passe into supernatu<g ref="char:EOLhyphen"/>ral,
and this world into another, hath by his own positive order dispos'd of
temporal things and powers beyond their own intention. But otherwise,
temporal things have an ultimate end of their own, terminating all their na<g ref="char:EOLhyphen"/>tural
intention and design. Thus the end of the Mariners art is not the sal<g ref="char:EOLhyphen"/>vation
of the souls of them that sail with him, but the safe landing of their
persons and goods at the port: and he that makes statues hath for his end a
perfect image. Indeed the man may have another end, to get reputation,
to maintain his family, to breed up his children <hi>in the nurture and admoni<g ref="char:EOLhyphen"/>tion
of the Lord,</hi> and at last the salvation of his own soul, by doing things
honest and profitable: but though these may be the ends of the man, yet
they are not the ends of his Art; and therefore his Art hath no natural sub<g ref="char:EOLhyphen"/>ordination,
because it hath no natural order to Eternal salvation. And this
is the case of many Temporal things, especially Arts, offices, entercourses
and Governments. Therefore supposing all that is said in the objection,
that temporal felicity is not the last end of man, but spiritual and eternal,
yet though it be not the end of a man, it may be the end of humane Go<g ref="char:EOLhyphen"/>vernment;
and by not being in a natural order to spiritual ends, though spi<g ref="char:EOLhyphen"/>ritual
be a better thing, yet it follows not that it ought to take place of that,
upon the account of its being better in another kind. The body indeed
is subordinate to the soul, because it hath all its motion and operation and
life from the soul, and in a natural conjunction and essential Union is it's
appointed instrument: but Temporal things and Spiritual are not so con<g ref="char:EOLhyphen"/>joyned,
and doe not naturally, but by accident minister to each other; and
<pb n="186" facs="tcp:58903:404"/>
therefore are made subject to each other alternately, when they are called
to such accidental or supernatural Ministrations.</p>
                     </div>
                     <div n="3" type="question">
                        <head>Question III. Whether are to be preferr'd, Spiritual or Temporal persons?</head>
                        <p>How <hi>Spiritual things</hi> are to be preferr'd before Temporal I have al<g ref="char:EOLhyphen"/>ready
accounted;<note place="margin">18.</note> but it is a consideration distinct from that, whether <hi>Spiri<g ref="char:EOLhyphen"/>tual
persons</hi> be to be preferr'd before Temporal. For from things to persons
it will not follow: and he that hath a better art is not always the better man;
and he that is imployed in the best concernments, hath not always the ad<g ref="char:EOLhyphen"/>vantage
of profession. There was a time in <hi>Rome</hi> when the Physicians
were but servants, and had not the liberty of <hi>Romans;</hi> but certainly it is a
better trade then fighting: and yet then the souldiers were accounted the
greater men. <hi>Herod</hi> the Sophister had a sonne that was a fool and could
never learn the Alphabet, but he had two and twenty slaves that were wise
fellows; but the Master was the better man. But when the question is con<g ref="char:EOLhyphen"/>cerning
the honour and dignity of persons, we are to remember that <hi>honor
est in honorante:</hi> many men deserve honour that have the least of it, and it
is as it is put upon us by others. To be honour'd is to have something put
to them, it is nothing of their own. Therefore in this question there are two
things to be ask'd: the one is, what Spiritual persons deserve; the other is,
what is given them. They may deserve more then they have, or they may
have more then they deserve; but whether either or neither happens, <hi>He
that honours himself, his honour is nothing;</hi> but he is honourable whom God
or the King honours: and therefore spiritual persons ought to receive
much, but to challenge none; and above all things ought not to enter into
comparison with them from whom all temporal honour is deriv'd. But
when the question is concerning the prelation of Secular or Ecclesiastic per<g ref="char:EOLhyphen"/>sons,
the best answer is given to it, When they strive to preferre one another
<hi>in giving honour to each other.</hi> But I remember that the legates at <hi>Trent</hi>
were horribly put to it to place the Orators of the Kings of <hi>France</hi> and
<hi>Spain,</hi> who would both goe first: they at last found an expedient, and they
did both goe first, and both were preferr'd in several positions. So is the spi<g ref="char:EOLhyphen"/>ritual
person and the civil, they are both best, but the honour of one is tem<g ref="char:EOLhyphen"/>poral,
and the honour of the other is spiritual; or rather, one is properly
called <hi>Honour,</hi> and the other, <hi>Reverence. Honour the King, Reverence his
Priests.</hi> But this Question is not properly a question of right, but of
duty: and the spiritual man must not call for it, but the other must pay it.
And it is something a sad consideration to think that all the Questions of
the preference and comparison of spiritual and temporal persons doe end in
covetousnesse and ambition, to which spiritual eminency, let it be never so
great, was never intended to minister. For the honour due to spiritual per<g ref="char:EOLhyphen"/>sons
for their spiritual relation is a spiritual honour, and that though it be
never so great cannot well be compar'd with temporal; for it is a great ho<g ref="char:EOLhyphen"/>nour
in another kind: but whatsoever temporal honours are given to them,
are then well given when they are done in love to religion; and are then
well taken when the advantage passes on to the good of souls, and does not
sully the Spiritual man with spiritual pride, or temporal vanity. <hi>Socrates</hi>
complains that the Bishops of <hi>Alexandria</hi> and of <hi>Rome</hi> were <hi>fallen into
<pb n="187" facs="tcp:58903:404"/>
Empire,</hi> or Dominion. That's none of the preference proper to a spiritual
man. He is then honor'd, when his person is had in reverend and venera<g ref="char:EOLhyphen"/>ble
esteem, when his counsel is ask'd, when his example is observ'd and
followed, when he is defended by laws and Princes, when he is rescued from
beggery and contempt, when he is enabled to doe his duty with advantages,
when he can verify his Ecclesiastical power, when he can vindicate religion
from oppression, and lastly, when his person which is the relative of reli<g ref="char:EOLhyphen"/>gion
receives those advantages which as a man he needs, and which can
adorne him as such a man. But if he disputes for any other honour, so
much is his due as is given him by Christian Princes or Commonwealths,
and no more; and he will gain the more by making no further question.
Christ gave his Apostles power abundantly, but the greatest honour he
gave them was to suffer for his Name; and of this he promised they should
want nothing: but when Kings became nursing Fathers of the Church, and
she suck'd the breasts of Queens &amp; princely women, then the Spiritual per<g ref="char:EOLhyphen"/>son
&amp; guides of souls had temporal honours heap'd on them, as the offerings
were made for the Tabernacle, more then was sufficient. For it quickly
rose into excesse, and then the persons of the Prelates fell into secular affe<g ref="char:EOLhyphen"/>ctions,
and grew hated and envied and oppos'd. <hi>Ammianus Marcellinus</hi>
giving an account of that horrible sedition raised in <hi>Rome</hi> in the contest be<g ref="char:EOLhyphen"/>tween
<hi>Damasus</hi> and <hi>Ursicinus</hi> about the Papacy, says he wonders not that
the Prelates did so earnestly contend for the Bishoprick of <hi>Rome, cum id
adepti, futuri sint ita securi, ut ditentur oblationibus Matronarum, proce<g ref="char:EOLhyphen"/>dantque
vehiculis insidentes, circumspecte vestiti, epulas curantes profusas,
adeo ut eorum convivia Regales superent mensas, Because when they have ob<g ref="char:EOLhyphen"/>tained
it, they are safe and warm, full with the oblations of the good women,
and are carried in their caroches, and are neatly habited, and splendidly feasted,
and themselves keep Tables beyond the profusenesse of Kings.</hi> Now although
Bishops are Men, and Religion it self is serv'd by men who have bodies and
secular apprehensions, and therefore does need secular advantages; yet this
belongs to them as Men, not as Spiritual. It is just as if you should call
the General of an Army <hi>Holy Father,</hi> and beg his blessing, and set him in
the chiefest place of the Quire, and pray him to preach upon the greatest
Festivals of the year, and run in multitudes to hear him speak. These are
the proper honours of spiritual persons; and the splendor of the world is
the appendage of secular atchievements: whatsoever is necessary for their
persons in order to the advantages of religion is very fit to be given by
Princes to the Bishops, who will certainly modestly entertain it, &amp; by pious
conduct transfer it to the glory of Christ and the good of souls. But this
is none of the Honour that Christ invested their Holy order with: They
have an honour and a blessednesse which none but themselves can take from
them. The Rosary of Christian graces is the tiar of their head, and their
office is their <hi>dignity,</hi> and humility is their <hi>splendour,</hi> and zeal is their
<hi>Conquest,</hi> and patience is their <hi>Eminence,</hi> and they are made <hi>illustrious</hi> by
bringing peace, and promoting holinesse, and comforting the afflicted, and
relieving the poor, and making men and women useful to the publick, and
charitable in their ministeries, and wise unto salvation. This is that which
was spoken by God in the Prophet <hi>Isaiah,</hi>
                           <note place="margin">Isai. 43. 4.</note> 
                           <hi>Since thou wast precious in my
sight thou hast been honourable.</hi> And this was observed by the Pagan, who
being surpris'd with the secular splendor of the <hi>Roman</hi> Bishops lik'd it not,
but said that there was another way for them to be truly happy: <hi>Esse pote<g ref="char:EOLhyphen"/>rant
beati revera, si magnitudine urbis despectâ quam vitiis opponunt, ad
<pb n="188" facs="tcp:58903:405"/>
imitationem Antistitum quorundam provincialium viverent, quos tenuitas
edendi potandique parcissimè, vilitas etiam indumentorum, &amp; supercilia hu<g ref="char:EOLhyphen"/>mum
spectantia, perpetuo Numini verisque ejus cultoribus ut puros commen<g ref="char:EOLhyphen"/>dant
&amp; verecundos.</hi> They are the words of <hi>Ammianus Marcellinus</hi> whom I
lately mentioned. <hi>The</hi> Roman <hi>Bishops might indeed be truly happy, if they
despising the splendors of the city would live as some Bishops in the Provinces,
whom their temperate and spare diet, their plain habit and their humble car<g ref="char:EOLhyphen"/>riage
represent to God and all God's servants as persons pure and modest.</hi> But
then if this discourse have any thing of reason, piety or truth in it, it must
needs be infinitly certain that spiritual persons are to be preferr'd before the
temporal in spiritual honours, but not in temporal regards; they have no<g ref="char:EOLhyphen"/>thing
to doe with them by virtue of their order or their office: what they
have to their Persons by the favour of Princes and Nobles is of another
consideration, and so this question is chang'd into an advice, and best ends
in a Sermon or Declamation.</p>
                     </div>
                     <div n="4" type="question">
                        <head>Question IV. Whether the Eminency of the spiritual calling, and the consequent prelation
of spiritual persons, can exempt them from secular coercion, and make
them superior to Princes.</head>
                        <p>In what senses Bishops have any superiority over Princes I shall after<g ref="char:EOLhyphen"/>wards
explain:<note place="margin">19.</note> Now the question is concerning secular superiority, and im<g ref="char:EOLhyphen"/>munity
from the temporal sword of Princes. Now to this, I suppose, what
I have already said may be able to give an answer. For the spiritual order
gives no temporal power at all; and therefore if all temporal power be in
the supreme Civil Magistrate, all men that can deserve to feel the edge of
the sword are subject to it. For what? Had <hi>Archimedes</hi> reason to take it
ill of the <hi>Romans</hi> for not sending for him and making him General in the
<hi>Syracusan</hi> warre, because he was a better Geometrician then any of all their
Senate? <hi>Lewis</hi> the eleventh of <hi>France</hi> had a servant who was an excellent
surgeon, and an excellent barber, and dress'd his gout tenderly, and had
the ordering of his feet and his face, and did him many good offices. But
the wise Prince was too fond when for these qualities he made him gover<g ref="char:EOLhyphen"/>nour
of his Counsels. Every good quality, and every eminence of Art,
and every worthy imployment hath an end and designe of it's own, and that
end and the proportions to it are to be the measure of the usage of those
persons which are appointed to minister to it. Now it is certain that spiri<g ref="char:EOLhyphen"/>tual
persons are appointed Ministers of the best and most perfective end of
mankind, but to say that this gives them a title to other Ministeries which
are appointed to other ends, hath as little in it of reason as it hath of reve<g ref="char:EOLhyphen"/>lation.
But I shall not dispute this over again, but shall suppose it suffici<g ref="char:EOLhyphen"/>ent
to adde those authorities which must needs be competent in this affair,
as being of Ecclesiastic persons, who had no reason, nor were they willing,
to despise their own just advantages, any more then to usurp what was
unjust.</p>
                        <p>When <hi>Origen</hi> complain'd of the fastuousnesse and vanity of some
Ecclesiastics in his time,<note place="margin">20.</note> they were bad enough, but had not come to a pre<g ref="char:EOLhyphen"/>tence
of ruling over Kings upon the stock of Spiritual prelation: but he
<pb n="189" facs="tcp:58903:405"/>
was troubled that some had quit their proper excellency, consisting in the
multitude of spiritual gifts, their unwearied diligence in the care of souls,
their dangers, their patience, their humility, and their dyings for Christ.
<hi>Et haec nos docet sermo Divinus</hi> (saith he) <hi>The word of God teaches us these
things. But we either not understanding the Divine will set down in Scri<g ref="char:EOLhyphen"/>ptures,
or despising what Christ to such purposes recommended to us, are such
that we seem to exceed the pride even of the evil Princes of the world: and we
doe not onely seek for guards to goe before us like Kings, but are terrible to
the poor, and of difficult accesse, and behave our selves towards those who ad<g ref="char:EOLhyphen"/>dresse
themselves to intercede for some thing or some person, that we are more
cruel then Tyrants, and the secular Lords of their subjects. And in some
Churches you may see (especially in the Churches of the greatest cities) the
chief of the Christian people neither affable to others, nor suffering others
to be free in their entercourses with them.</hi> These things are out of the way
of the Ecclesiastics, for these things cannot consist with piety and humility,
and the proper imployments of such persons who gain'd the world by ces<g ref="char:EOLhyphen"/>sion,
and got victory over whole Kingdomes by trampling upon Devils,
and being trampled upon by men. Bishops should be like the Symbols of
the Blessed Sacrament, which although for the ornament of religion and
for our sakes and because we would fain have opportunity to signify our
love to Christ, we minister in silver and gold, yet the symbols themselves
remain the same plain and pure bread and wine, and altered onely by
prayers, and by spiritual consecration, and a relative holinesse. But he
were a strange superstitious fool who, because the Sacramental bread and
wine are much better then all the Tables and viands of Princes and all the
spoils of Nature, will think it fit to mingle sugar and the choicest spices of
<hi>Arabia</hi> with the bread, and amber-griece and powder of pearl and the spirit
of gold with the chalice. These are no fit honours to the H. Sacrament:
the symbols of which are spoil'd when they are forc'd off from the simpli<g ref="char:EOLhyphen"/>city
and purity of their institution and designe. So it is with spiritual per<g ref="char:EOLhyphen"/>sons:
their office is spiritual, and their relation is holy, and their honours
are symbolical. For their own sakes, Princes and good people must cause de<g ref="char:EOLhyphen"/>cent
and honourable ministeries and accommodations to be provided for
them; but still they must remain in their own humility and meeknesse and
piety, and not pretend to dignities heterogeneal, and Eminences secular,
because their spiritual imployment is very excellent. It was S. <hi>Gregory
Nazianzen</hi>'s wish,<note place="margin">Ora. post redi<g ref="char:EOLhyphen"/>tum.</note> that there were in the Church <gap reason="foreign">
                              <desc>〈 in non-Latin alphabet 〉</desc>
                           </gap>,
<hi>Neither
precedency of Episcopal Sees, nor any Eminency of one place above another,
nor any Tyrannical or pompous provisions and solennities, that we might be
distinguished onely by our vertue.</hi> Now if prelation by order and Ecclesia<g ref="char:EOLhyphen"/>stical
Oeconomy amongst the Bishops was of so ill effect, so little necessary,
and so greatly inconvenient that the good Bishop wished there we<gap reason="illegible" resp="#TECH" extent="1 letter">
                              <desc>•</desc>
                           </gap>e no
such thing; there is little reason to doubt, but he would have infinitely
condemned all pretensions of a power over civil governments. But the
Bishops of <hi>Rome</hi> were not at that time gone so far. The <hi>Archimandrites</hi> of
<hi>Constantinople,</hi>
                           <note place="margin">in 5<hi rend="sup">tâ</hi> Synod. Act. 1. Tom. 2. Concil.</note> complaining against the <hi>Eutychians,</hi> write to Pope <hi>Agapetus,</hi>
that if they be still permitted [<hi>licenter omnia accedent, non contra Ecclesia<g ref="char:EOLhyphen"/>sticos
solos, sed etiam contra ipsum piissimum Imperatorem, nostrum &amp; vestrum
honorabile caput] They will doe insolencies not onely to the Ecclesiastics, but also
to our most pious Emperor, who is the honourable head both of you and us.</hi>
* This power of headship or supremacy over the whole order Ecclesiastical
<pb n="190" facs="tcp:58903:406"/>
was acknowledged in the Church for about a thousand years: for besides
the apparent practice and approbation of it, which I brought in the former
pages,<note place="margin">Herman. in Chron.</note> we find that the Emperour <hi>Henry</hi> the second did deprive <hi>Widgerus</hi>
of the Arch-Bishoprick of <hi>Ravenna,</hi> and depos'd <hi>Gregory</hi> the sixth from the
Papacy.</p>
                        <p>And therefore we find that those ancient Prelates that call'd upon
Princes to pay reverence to them,<note place="margin">21.</note> and an acknowledgment of that Autho<g ref="char:EOLhyphen"/>rity
which Christ intrusted in their hands, accounted them wholly to be
distinct things, and not at all invading each others limits. For Christ by
making them Christians did not make them lesse to be Princes: and Chri<g ref="char:EOLhyphen"/>stian
Emperors could not goe lesse then the heathens; they were certainly
no loosers by their baptisme. For it had been a strange argument for <hi>Syl<g ref="char:EOLhyphen"/>vester</hi>
to have us'd to <hi>Constantine,</hi> S<hi rend="sup">r</hi>, give up your self a Disciple to the
most Holy <hi>Jesus,</hi> and you shall have a crown hereafter, and here also you
shall still reign over all but me and my Clergy; to us indeed you must be
subject, and by us you must be governed, but the Crown Imperial shall be
greater then every thing, our Mitres onely excepted. If this had been the
state of the question, I wonder by what argument could the Prince have
been perswaded to become Christian: when it was so obvious for him to
say, that <hi>Sylvester</hi> had reason to move him to preach Christ, since he got
so much temporal advantage by it, but that he could see little reason why
himself should loose and <hi>Sylvester</hi> get, and become a Disciple of Christ to
be made a Minor and a Pupil to the Bishop. And indeed it would have
been a strange Sermon that preaches humility to Emperors &amp; dominion to
Bishops. But their sermons when they were at the highest were of another
nature. <hi>De humanis rebus judicare permissum, est, non praeesse Divinis.</hi> So
P.<note place="margin">tom. de Vinc. an<gap reason="illegible" resp="#TECH" extent="1 letter">
                                 <desc>•</desc>
                              </gap>them.</note> 
                           <hi>Gelasius</hi> declares the limit of the Imperial and priestly power: Of all
things belonging to this world the Emperor is to judge; but not to be the
president or chief Minister of holy rites. <hi>Gelasius</hi> spake it upon occasion,
because <hi>Anastasius</hi> the Emperor did unnecessarily interpose in the absolu<g ref="char:EOLhyphen"/>tion
of <hi>Peter</hi> Bishops of <hi>Alexandria.</hi> This Pope <hi>Gelasius</hi> suppos'd was of ano<g ref="char:EOLhyphen"/>ther
nature, and not relative to the things of this world, and therefore
not of Imperial cognisance. But all the things of this world belong to
him. And if all things of this world, then all persons of this world. For
<hi>circa actiones propriè versatur Imperium,</hi> say the Lawyers, Rule and Empire
and all power of judicature is principally concerning actions; but actions are
done by persons, who therefore are subject to government. And upon this
<gap reason="illegible" resp="#TECH" extent="1 span">
                              <desc>〈…〉</desc>
                           </gap>
vile thing, <hi>Regis haec auribus intimare non differant, Let him without delay
be accused unto the King.</hi>
                           <note place="margin">apud Baron. tom. 10. A. D. 904. <gap reason="illegible" resp="#TECH" extent="1 letter">
                                 <desc>•</desc>
                              </gap>. 17.</note> And <hi>Lambert</hi> the Emperour about the year of
our Lord 900 having some contest with the Pope, propounded this first ar<g ref="char:EOLhyphen"/>ticle
in a Synod at <hi>Ravenna, If any Roman of the Clergy or the Senate, of
what order soever, shall either voluntarily or by compulsion appeal to the Impe<g ref="char:EOLhyphen"/>rial
Majesty, let no man presume to contradict him:</hi>—<hi>untill the Emperor
by himself or his Missives shall deliberate concerning their persons and their
<pb n="191" facs="tcp:58903:406"/>
causes.</hi>
                           <note place="margin">Dist. 10. c. de capitulis. 2. q. 7. c. Nos si.</note> Thus we find Pope <hi>Leo</hi> the 4<hi rend="sup">th</hi> submitting himself to <hi>Lotharius</hi> the
Emperour, and promising obedience: and to <hi>Ludovicus</hi> he professes that if
he have done amisse he will amend it according to his sentence, or the judge<g ref="char:EOLhyphen"/>ment
of his Deputies. Upon the consideration of these and many other
particulars <hi>Gratian,</hi>
                           <note place="margin">11. 9. 1. c. si<g ref="char:EOLhyphen"/>cut enim. §. ex his. 2. q. 2. §. item.</note> though unwillingly, confesses that in civil causes a
Clergy-man is to be conven'd before the civil Judge: and although a little
after he does a little praevaricate in the matter of criminal causes, yet it was
too late; for he had said it before, <hi>Regum est corporalem irrogare poenam,
Kings have the power of inflicting corporal punishments:</hi> and therefore if a
Clerk were guilty in a criminal cause, the secular Judge had power over him,
said the Fathers of the first Council of <hi>Matiscon,</hi> cap. 7. But it matters
not much, for a greater then <hi>Gratian</hi> said it in his own case before the
civil power, <hi>If I have done any thing worthy of death, I refuse not to die:</hi>
they are the words of S. <hi>Paul.</hi>
                        </p>
                     </div>
                     <div n="5" type="question">
                        <head>Question V. Whether is to be obeyed, the Prince or the Bishop, if they happen to command
contrary things?</head>
                        <p>To this I answer,<note place="margin">22.</note> that it is already determin'd that the Emperour is
to be obeyed against the will of the Bishop. For so it was in the case of
<hi>Mauritius</hi> and S. <hi>Gregory;</hi> for the Bishop was fain to publish the Princes
Edict which yet he believ'd to be impious. It was also most evident in S.
<hi>Athanasius</hi> of <hi>Alexandria,</hi> S. <hi>Gregory</hi> of <hi>Nazianzum,</hi> S. <hi>Chrysostom</hi> of
<hi>Constantinople, Eusebius</hi> of <hi>Samosata,</hi> who by injustice were commanded to
leave their Dioceses.</p>
                        <p>But this is to be understood in actions which can by Empire and com<g ref="char:EOLhyphen"/>mand
be chang'd into good or bad respectively:<note place="margin">23.</note> because such actions are
most properly the subject of humane laws. For in what God hath ex<g ref="char:EOLhyphen"/>pressely
commanded or forbidden, the Civil or Ecclesiastical power is onely
concerned to serve the interest of the Divine Commandement, to promote
or to hinder good and evil respectively. But whatsoever is left undetermi<g ref="char:EOLhyphen"/>ned
by God, that the supreme power can determine: and in such things if
there could be too supreme powers, the government were Monstrous, and
there could be no obedience; for <hi>no man can serve two Masters.</hi> Now the
<gap reason="illegible" resp="#TECH" extent="1 span">
                              <desc>〈…〉</desc>
                           </gap>
against the Canons of the Church; but then we are to follow the civil law,
because the power is by the law of Nature supreme and Imperial. The
matter of the Civil power and Ecclesiastical is so wholly differing, that
there where either hath to doe it cannot contradict the other; but if they
invade the rights of one another, then the question grows hard. But the
solution is this;</p>
                        <p>
                           <pb n="192" facs="tcp:58903:407"/>
If the Bishop invades the rights of the Civil power he is not at all to
be obeyed,<note place="margin">24.</note> for he hath nothing to doe there. But if the Civil power in<g ref="char:EOLhyphen"/>vades
the rights of the Bishop, then they are either such rights which are
his by positive laws and humane concession, or such which by Divine ap<g ref="char:EOLhyphen"/>pointment
are his due.</p>
                        <p>All those which are the Bishops right by positive laws may by the
same power be rescinded by which they were granted;<note place="margin">25.</note> and therefore if a
King makes a law against the rights of the Church, and the Bishop protests
against that law, the King and not the Bishop must prevail. For <hi>Neminem
sibi imperare posse, &amp; neminem sibi legem dicere, à qua mutatâ voluntate ne<g ref="char:EOLhyphen"/>queat
recedere,</hi> say the Lawyers. A man may change his will as long as he
lives; and the supreme will can never be hindred: for <hi>summum ejus esse
Imperium qui ordinario juri derogare valeat</hi> is a rule in law, He that is the
supreme can derogate by his power from an ordinary right, viz. by making
a contrary law.</p>
                        <p>But if they be the rights of Bishops and the Ministers of Religion by
Divine appointment,<note place="margin">26.</note> then the Bishops command is to prevail, <hi>cum condi<g ref="char:EOLhyphen"/>tione
crucis;</hi> that is, so as the subject must submit to the Princes anger, and
suffer for what he cannot doe, according to that of <hi>S. Austin, Imperatores
cum in errore sunt, pro errore contra veritatem leges dant, per quas justi &amp;
probantur &amp; coronantur, non faciendo quod illi jubent, quia Deus prohibet,
Mistaken Princes make ill laws; but by them good men are tried and crown'd,
by not doing what God hath forbidden them.</hi> This is much more modestly
express'd then that responsory in the Roman Breviary, speaking of the
Apostles, <hi>Isti sunt triumphatores &amp; amici Dei, qui contemnentes jussae Prin<g ref="char:EOLhyphen"/>cipum
meruerunt praemia aeterna,</hi>
                           <note place="margin">De communi Apost. R. 6.</note> 
                           <hi>They have deserved eternal rewards by de<g ref="char:EOLhyphen"/>spising
the commands of Princes.</hi> The expression is hard; for though their
impious laws are not to be obeyed, yet indefinitely it is not safe to say,
their commands are to be despis'd. And none ever lesse despis'd the laws
then they who, because they could not obey them against God, yet obeyed
them against themselves; by suffering death at their command, when they
might not suffer a sinne.</p>
                        <p>But then this also suffers diminution.<note place="margin">27.</note> For if the Ecclesiastical power
in such things where their authority is proper and competent and Divine,
give any negative or prohibitive precepts, they may and they must be
obeyed intirely; because every negative is indivisible, and hath neither parts
nor time: and in this they are but proclaimers of the Divine Command<g ref="char:EOLhyphen"/>ment,
which if it be negative it can never be lawful to doe against it. But
in positive instances of commandement, though from Divine Authority,
(for that's the limit of the Ecclesiastical power and authority) if the
King commands one thing and the Bishop another, they are severally to be
regarded according to the several cases. For the rule is this, That all ex<g ref="char:EOLhyphen"/>ternal
actions are under the command of the Civil power in order to the
publick government: and if they were not, the Civil power were not suf<g ref="char:EOLhyphen"/>ficiently
provided for the acquiring the end of it's institution: and then it
would follow that either the civil authority were not from God (expresse<g ref="char:EOLhyphen"/>ly
against S. <hi>Paul</hi>) or else all that God made were not good, as being defe<g ref="char:EOLhyphen"/>ctive
from the end of it's creation (expressely against <hi>Moses,</hi> and indeed
against the honour of God.) Now because external actions are also in or<g ref="char:EOLhyphen"/>der
<pb n="193" facs="tcp:58903:407"/>
to religion internal, it happens that the Spiritual power hath acciden<g ref="char:EOLhyphen"/>tally
power over them. Here then is the issue of this inquiry: when an
external action is necessary to the publick service, and yet in order to reli<g ref="char:EOLhyphen"/>gion
at the same time, the positive commands of the Spiritual superior
must yield to the positive commands of the supreme Civil power. For
that which hath a direct power is to bepreferr'd before that which hath but
an indirect power. Thus it is a divine precept that we should not neglect
the assembling of our selves together. Upon the warranty of this, the
Guides of souls have power to command their flocks to meet at the Di<g ref="char:EOLhyphen"/>vine
service; and they are tied to obey. But if at the same time the Prince
hath given command that those persons or some of those who are com<g ref="char:EOLhyphen"/>manded
to be at the Divine Offices, be present on the guards, or the de<g ref="char:EOLhyphen"/>fence
of the city walls, they are bound to obey the Prince, and not the
Priest at that time. * For besides the former reason, when external actions
are appointed by competent Authority, they are cloth'd with circumstan<g ref="char:EOLhyphen"/>ces
with which actions commanded by God, and in which Ecclesiastics
have competent Authority, are not invested: and amongst these circum<g ref="char:EOLhyphen"/>stances,
time and place are the principal. And therefore it follows that in
external actions the command of the Prince is always to be preferred be<g ref="char:EOLhyphen"/>fore
the command of the Church; because this may stay, and that cannot:
This is not by God determin'd to time and place, but that is by the
Prince; and therefore by doing that now, and letting this alone till another
time, both ends can be serv'd: and it were a strange peevishnesse of Govern<g ref="char:EOLhyphen"/>ment
(besides the unreasonablenesse of it) to crosse the Prince to shew our
power, when both may stand, and both may be obeyed; if they did not
croud at the same narrow dore together, there is time enough for them to
goe out one after another; and by a little more time, there will be a great
deal of more room. I have heard that when King <hi>James</hi> the 6<hi rend="sup">th</hi> of <hi>Scot<g ref="char:EOLhyphen"/>land</hi>
was wooing the <hi>Danish</hi> Lady, he commanded the Provost of <hi>Edenburgh</hi>
and the Townsmen upon a certain day to feast the <hi>Denmark</hi> Embassadors,
and to shew all the bravery of their Town and all the splendor they could:
of which when the Presbytery had notice, they to crosse the King pro<g ref="char:EOLhyphen"/>claim'd
a fast to be kept in the Town upon that very day. But the Towns<g ref="char:EOLhyphen"/>men
according to their duty obeyed the King: and the Presbytery might
have consider'd that it was no zeal for God that the Fast was indicted upon
that day; but God might have been as well serv'd by the Tuesday fast as
by the Monday. Thus if the Ecclesiastic power hath admitted a person
to Ecclesiastical Ministeries or Religions, if the supreme Civil power re<g ref="char:EOLhyphen"/>quires
his service, or if he be needed for the publick good, he may com<g ref="char:EOLhyphen"/>mand
him from thence, unlesse there be something collaterally to hinder;
as if the Prince have sworn the contrary, or that the person requir'd have
abjur'd it by the Princes leave: but supposing him onely bound by the Ec<g ref="char:EOLhyphen"/>clesiastical
power, the supreme Civil power is to prevail over it, as being
the lord of persons and actions external. An instance of this was given
by <hi>Mauritius</hi> the Emperour forbidding his souldiers to turn Monks with<g ref="char:EOLhyphen"/>out
his leave, though the law was made sore against the mind of S. <hi>Grego<g ref="char:EOLhyphen"/>ry</hi>
who was the Bishop of <hi>Rome.</hi> And thus<note n="*" place="margin">A. D. 1040.</note> 
                           <hi>Casimire</hi> King of <hi>Poland</hi> was
taken from his gown, and invested with a Royal Mantle; and divers Monks
have been recalled into the imployments of armies, or publick Counsels, or
publick Governments.</p>
                        <p>
                           <pb n="194" facs="tcp:58903:408"/>
But this also is to be understood with this provision.<note place="margin">28.</note> The supreme
Civil power hath dominion over external actions, so as to govern them for
time and place and other circumstances. He can forbid sermons at such a
time; he can forbid fasts or publick solennities and meetings when he
please, and when it is for the interests of government: and concerning any
accident or circumstance and manner he can give laws, and he must be
obeyed. But he cannot give laws prohibiting the thing it self, out of ha<g ref="char:EOLhyphen"/>tred
or in persecution of the religion: for then the Ecclesiastic power is to
command not onely the thing, but the circumstances too. For the thing it
self, it is plain; because it is a Divine Commandement, and to this the Spi<g ref="char:EOLhyphen"/>ritual
power must minister, and no Civil power can hinder us from obeying
God: and therefore the Apostles made no scruple of preaching Christ pub<g ref="char:EOLhyphen"/>lickly,
though they were forbidden it under great penalties. But then for
the circumstances, they also in this case fall under the Ecclesiastical power.
If the Prince would permit the thing, he might dispose of the accidents;
for then he is not against God, and uses his right about external actions.
But if he forbids the thing, they that are to take care that God be obeyed
must then invest the actions with circumstances; for they cannot be at all,
unlesse they be in time and place; and therefore by a consequent of their
power over the thing they can dispose the other, because the circumstances
are not forbidden by the Prince, but the thing, which being commanded by
God &amp; not being to be done at all but in circumstances, they that must take
care of the Principal must, in that case, take care also of the accessory. Thus
we find the Bishops in the Primitive Church indicting of Fasts, proclaiming
assemblies, calling Synods, gathering Synaxes: for they knew they were ob<g ref="char:EOLhyphen"/>liged
to see that all that should be done which was necessary for the salva<g ref="char:EOLhyphen"/>tion
of souls and instruction of lives by preaching, and for the stabiliment
of the Church by assemblies and communions. Now the doing of these
things was necessary, and for the doing of these they were ready to die;
for that passive obedience was all which they did owe to those laws which
forbad them under pain of death: for it was necessary those things should
be done, it was not necessary they should live. But when the supreme Ci<g ref="char:EOLhyphen"/>vil
power is Christian and does not forbid the thing, there is no danger that
God shall not be obeyed by the Prince his changing and disposing the cir<g ref="char:EOLhyphen"/>cumstances
of the thing; and therefore there can be no reason why the
Prince should be disobeyed, commanding nothing against God, and govern<g ref="char:EOLhyphen"/>ing
in that where his authority is competent. Thus if the supreme Civil
power should command that the Bishops of his Kingdome should not or<g ref="char:EOLhyphen"/>dain
any persons that had been souldiers or of mean trades to be Priests, nor
consecrate any Knight to be a Bishop; though the Bishops should desire it ve<g ref="char:EOLhyphen"/>ry
passionately, they have no power to command or doe what the Civil pow<g ref="char:EOLhyphen"/>er
hath forbidden. But if the supreme should say there should be no Bishops
at all, and no ordination of Ministers of Religion according to the laws of
Jesus Christ, then the question is not whether the supreme Civil power or
the Ecclesiastical is to be obeyed, but whether Man or God: and in that
case if the Bishops doe not ordain, if they doe not take care to continue a
succession in the Church of God, they are to answer for one of the great<g ref="char:EOLhyphen"/>est
neglects of duty of which man-kind is capable; alwaies suppos'd that
the order of Bishops is necessary to the Church, and that ordination of
Priests by Bishops is of Apostolical institution, and that there is no Univo<g ref="char:EOLhyphen"/>cal
generation of Church-Ministers but by the same hands which began the
<gap reason="foreign">
                              <desc>〈 in non-Latin alphabet 〉</desc>
                           </gap> succession, and hath continued it for almost seventeen ages in the
<pb n="195" facs="tcp:58903:408"/>
Church. Of which I am not now to interpose my sentence, but to answer the
case of Conscience relying upon the supposition. This onely I am to adde,
that supposing this to be necessary, yet it is to be done <hi>cum conditione cru<g ref="char:EOLhyphen"/>cis,</hi>
with submission to the anger of the laws if they have put on unjust ar<g ref="char:EOLhyphen"/>mour;
and to be done with peaceablenesse, and all the arts of humility and
gentlenesse, petition and wise remonstrances.</p>
                        <p>* But there is yet one reserve of caution to be us'd in this case. If the
Civil power and the Spiritual differ in this particular, the spiritual must
yield so long, and forbear to doe what is forbidden by their lawfull supreme,
untill it be certain that to forbear longer is to neglect their duty, and to
displease God. If the duty or if the succession can be any way supplied,
so that the interest of religion be not destroyed, then cession or forbearance
is their duty. And therefore if the King of <hi>Portugal</hi> should forbid conse<g ref="char:EOLhyphen"/>crations
of Bishops in his Kingdome not for a time, but for ever, the Bi<g ref="char:EOLhyphen"/>shops
were bound to obey, if they could be supplied from other Churches,
or if it were not necessary that God should have a Church in <hi>Portugal,</hi> or
if without Bishops there could be a Church. But if they be sure that the
Bishops are the head of Ecclesiastical <hi>Union,</hi> and therefore the conservators
of <hi>Being;</hi> and if the remaining Prelates are convinc'd that God hath re<g ref="char:EOLhyphen"/>quir'd
it of them to continue a Church in <hi>Portugal</hi> (as it is certain that
by many regards they are determined there to serve Gods Church, and to
provide for souls and for the religion of their charges) and if they could be
no otherwise supplied with Ecclesiastical persons of the order and ordinati<g ref="char:EOLhyphen"/>on
Apostolical, as if other Churches would not ordain Bishops or Priests
for them but upon sinful conditions, and violation of their Consciences:
then the Spiritual power is to doe their duty, and the supreme Civil power
is to doe their pleasure; and the worst that can come is the crown of Mar<g ref="char:EOLhyphen"/>tyrdome,
which whosoever gets will be no looser. And therefore I cannot
without indignation consider it, that the Pope of <hi>Rome,</hi> who pretends to
be a great Father of Christians, should not onely neglect but refuse to make
ordinations and consecrations in that Church: which if their Prince should
doe, the Bishops ought to supply it by their care; and therefore when the
Prince desires it, as it is infinite dishonour to the Bishop of <hi>Rome</hi> to neglect
or refuse, in compliance with the temporal interest of the King of <hi>Spain,</hi>
so it is the duty of the Bishops of <hi>Portugal</hi> to obey their Prince. But I
have nothing to doe to meddle with any mans interest, much lesse that of
Princes: onely the scene of this case of Conscience happens now to lie in
<hi>Portugal,</hi> and the consideration of it was usefull in the determination of
this present question.</p>
                        <p>But this Question hath an appendent branch which is also fit to be
consider'd.<note place="margin">29.</note> What if the Civil laws and the Ecclesiastical be contrary? as
it happens in divers particulars; as if the Prince be a heretick, an <hi>Arrian</hi> or
<hi>Macedonian,</hi> and happens to forbid the invocation of the Holy Ghost, or
giving Divine honours to the Son of God, and the Church hath alwayes
done it, and always commanded it. What is to be done in this case? This
instance makes the answer easy: for in matters of Faith it is certain the Au<g ref="char:EOLhyphen"/>thority
and laws of God have made the determination; and therefore in
these and the like the Church is bound to doe and to believe and to pro<g ref="char:EOLhyphen"/>fesse
according to the commandement of God. But how if the Prince
does not forbid the internal duty (for in that his authority is incompetent)
but commands onely that there should be no prayers to the Holy Ghost
<pb n="196" facs="tcp:58903:409"/>
put into the publick Liturgies of the Church; to this the answer is cer<g ref="char:EOLhyphen"/>tain,
That though in all externals the supreme Civil power is to be obeyed,
yet the spiritual power in such cases is tied to confesse the faith which the
Prince would discountenance, and to take care that their charges should
plentifully supply in all their private devotions what is not permitted to
them in publick. And the reason of this is not that they are tied to doe any
thing in opposition or scandal to the Prince; but that they are in duty
and charity to provide lest the publick discouragement and alteration of
the circumstance of the duty, doe not lessen the duty internal and essential:
and therefore they are to put so much more to the private, that they may
prevent the diminution which is likely to come upon the private duty from
the publick prohibition.</p>
                        <p>But there are some Civil laws which are oppos'd to Ecclesiastical,<note place="margin">30.</note> not
by contrariety of sanction and command <hi>hinc inde,</hi> but by contrariety of
declaration or permission respectively. Thus if the Ecclesiastical laws
have forbidden marriage in a certain Degree, and the Civil power hath per<g ref="char:EOLhyphen"/>mitted
it, then the subject may more safely obey the power Ecclesiastical;
because by so doing he avoids the offending of religious persons, and yet
disobeys no command of the Prince; for no Civil power usually commands
a man to marry in a certain Degree: and therefore when he is at liberty
from the Civil law, which in this case gives him no command, and he is
not at liberty from the Ecclesiastical law, which hath made a prohibition,
he must obey the Church; which if it had no power over him, could have
made no law, and if it have a power, it must be obeyed; for in the present
case there is nothing to hinder it. So it is in such things which are per<g ref="char:EOLhyphen"/>mitted
for the hardnesse of mens hearts or the publick necessity. The per<g ref="char:EOLhyphen"/>mission
of the Prince is no absolution from the authority of the Church.
Supposing Usury to be unlawfull, as it is certain many kinds and instances
of it are highly criminal, yet the Civil laws permit it, and the Church for<g ref="char:EOLhyphen"/>bids
it. In this case the Canons are to be preferr'd. For though it be per<g ref="char:EOLhyphen"/>mitted,
yet by the laws no man is compell'd to be an Usurer; and therefore
he must pay that reverence and obedience which is otherwise due to them
that have the rule over them in the conduct of their souls.</p>
                        <p>* The case is alike in those laws where the Civil power onely gives
impunity,<note place="margin">31.</note> but no warranty. As in such cases when laws indulge to a mans
weaknesse and grief; as when it permits him to kill any man that creeps in
at his windows, or demands his purse of him on the high way, or to kill his
adulterous wife if he surprises her in the sin: If the Civil power promises
impunity, and does not intend to change the action from unlawfull to law<g ref="char:EOLhyphen"/>full,
as in some cases it does, in some it cannot; then if there be any laws
of the Church to the contrary, they passe an obligation upon the con<g ref="char:EOLhyphen"/>science,
notwithstanding the Civil impunity. And there is great reason
for this. For since the affairs of the world have in them varieties and
perplexities besides, it happens that in some cases men know not how to
govern by the strictest measures of religion, because all men will not doe
their duty upon that account; and therefore laws are not made [<hi>ut in Pla<g ref="char:EOLhyphen"/>tonis
republica,</hi> but as <hi>in faece Romuli</hi>] with exact and purest measures,
but in compliance and by necessity, not always as well as they should, but as
well as they may: and therefore the Civil power is forc'd sometimes to con<g ref="char:EOLhyphen"/>nive
at what it does not approve. But yet these persons are to be gover<g ref="char:EOLhyphen"/>ned
<pb n="197" facs="tcp:58903:409"/>
by conscience; and therefore it is necessary that that part of the pub<g ref="char:EOLhyphen"/>lick
Government which is to conduct our consciences more immediately
should give a bridle to that liberty which, by being in some regards neces<g ref="char:EOLhyphen"/>sary,
would if totally permitted become intolerable. And therefore the
spiritual power puts a little myrrhe into their wine, and supplies that defect
which in the intrigues of humane affaires we bring upon our selves by
making unnatural necessities.</p>
                        <p>But then if it be inquir'd,<note place="margin">32.</note> whether it be lawfull for the spiritual power
by spiritual Censures to punish those actions which the Civil power per<g ref="char:EOLhyphen"/>mits;
I answer, that the Church makes laws either by her declarative and
direct power, or by a reductive and indirect power: that is, she makes laws
in matters expressely commanded by God or forbidden, or else in such
things which have proportion, similitudes and analogies to the Divine
laws. In the first she is the declarer of Gods will, and hath a direct power.
In the second she hath a judgement of discretion, and is the best Judge of
<hi>Fit</hi> and <hi>Decent.</hi> If the Church declares an act to be against Gods com<g ref="char:EOLhyphen"/>mandement,
or bound upon us by essential duty, in that case, unlesse there
be error evident and notorious, she is intirely to be obeyed: and therefore
the refractary and the disobedient she may easily coerce and punish by her
censures, according as she sees it agreeable and conducing to Gods glory
and the good of souls, although the Civil power permits the fact for neces<g ref="char:EOLhyphen"/>sity
or great advantages. And the reason is, because as the Civil power
serves the ends of the republick by impunity and permission, so there is
another end to be serv'd which is more considerable, that is, the service of
God and the interest of souls, to which she is to minister by laws and pu<g ref="char:EOLhyphen"/>nishments,
by exhortations and the argument of rewards: and as every
power of Gods appointment is sufficient for it's own end, so it must doe
it's own portion of duty for which so competent provisions are made. And
therefore the Spiritual power may in this case punish what the Civil power
punishes not. * With this onely Caution, if the Civil power does not
forbid the Church to use her Censures in such a particular case: for if it
does, it is to be presumed that such Ecclesiastical coercion would hinder the
Civil power from acquiring the end of it's laws, which the Ecclesiastical
never ought to doe; because although her censures are very usefull to the
ends of the spiritual power, yet they are not absolutely necessary, God
having by so many other ways provided for souls, that the Church is suffi<g ref="char:EOLhyphen"/>ciently
instructed with means of saving souls though she never draw her
sword. But the Civil power hath not so many advantages.</p>
                        <p>But if the lawes of Church are made onely by her Reductive and in<g ref="char:EOLhyphen"/>direct
power,<note place="margin">33.</note> that is, if they be such that her authority is not founded upon
the expresse law of God, but upon the judgment of discretion, and there<g ref="char:EOLhyphen"/>fore
her laws are concerning decencies and usefulnesses and pious advan<g ref="char:EOLhyphen"/>tages,
in this case the Church is not easily to proceed to Censures, unlesse
it be certain that there is no disservice nor displeasure done to the Civil
power. For it will look too like peevishnesse to crosse the Civil laws,
where it is apparent there is no necessity, and no warranty from a Divine
commandement. The Church would not have her laws oppos'd or dis<g ref="char:EOLhyphen"/>countenanc'd
upon little regards; and therefore neither must she without
great necessity doe that which will cause some diminution to the Civil
laws, at least by interpretation.</p>
                        <p>
                           <pb n="198" facs="tcp:58903:410"/>
And after all this,<note place="margin">34.</note> if it happens that the Civil power and the Eccle<g ref="char:EOLhyphen"/>siastical
command things contrary, there is a fault somewhere, and there is
nothing to be done but to inquire on which side God is; for if he be not
on the Churches side by a direct law in the matter, he is not on the Chur<g ref="char:EOLhyphen"/>ches
side for her relation, but on the Kings side for his authority.</p>
                        <p>From the matter of the former Question arises another like it.</p>
                     </div>
                     <div n="6" type="question">
                        <head>Question VI. Whether in the Civil affaires and causes of the Ecclesiastical power and persons
the presumption ought to lie for the King, or for the Church.</head>
                        <p>This Question must suppose the case to be dibious,<note place="margin">35.</note> and the matter
equal on both sides as to the subject matter; for else there needs to be no
question, but judgment must be according to the merit of the cause: and it
must suppose also that neither of them will yield, but use their own right;
for if either did, themselves would make an end of the question: but when
both are in pretence, and the pretence is equal in the matter and the argu<g ref="char:EOLhyphen"/>ment,
and that the cause is to be determined by favour and privilege, whe<g ref="char:EOLhyphen"/>ther
is to be preferr'd? I doe not ask which is to be preferr'd in law; for
in that question, the laws and customes of a people are the rule of deter<g ref="char:EOLhyphen"/>mination:
but whether there be in conscience any advantage of presumpti<g ref="char:EOLhyphen"/>on
due to either.</p>
                        <p>To this I answer,<note place="margin">36.</note> that in the most pious ages of the Church the pre<g ref="char:EOLhyphen"/>sumption
was ever esteemed to lie for the Church when the Princes were
Christians: and when the question is of piety not of authority, of charity
not of Empire, it is therefore fit to be given to the Church, 1. Because
if the Civil power takes it to it self, it is a Judge and a party too. 2. Be<g ref="char:EOLhyphen"/>cause
whatever external rights the Church hath, she hath them by the do<g ref="char:EOLhyphen"/>nation,
or at least enjoyes them by the concession of the supreme Civil pow<g ref="char:EOLhyphen"/>er,
who in this case by cession doe confirm at least, and at most but enlarge
their donative. 3. Because the spiritual power is under the Kings protecti<g ref="char:EOLhyphen"/>on,
and hath an equal case with that of widows and orphans. It is a pious
cause, it is the cause of the poor and the unarmed. 4. The King is better
able to bear the losse, and therefore it is a case of equity. 5. The Church is
a relative of God and the Minister of Religion, and therefore the advan<g ref="char:EOLhyphen"/>tage
being given to the Church, the honour is done to God; and then on
the Kings side it would be an act of religion and devotion. 6. If the Civil
power being judge prefers the Ecclesiastics in the presumption, it is certain
there is no wrong done, and none hath cause to complain: but if it be against
the Ecclesiastics the case is not so evident, and justice is not so secur'd, and
charity not at all done.</p>
                        <p>And if it be thought that this determination is fit to be given by a
Church-man;<note place="margin">37.</note> though it be no objection while it is true and reasonable, yet
I endeavour'd to speak exactly to truth, and for the advantage of the Civil
power, though the question is decided for the Ecclesiastics. For in such
cases, as the Ecclesiastics will have advantage if they in dubious cases never
<pb n="199" facs="tcp:58903:410"/>
wil contend, of the Civil power will ever have the better of it if in these
cases they resolve never to prevail.</p>
                        <p>Although these inquiries have carried me a little further then the first
intention of the Rule,<note place="margin">38.</note> yet they were greatly Relative to it. But I shall recal
my Reader to the sense and duty of it by the words of <hi>S. Gregory,</hi> who
sayes that <hi>Christus Imperatori &amp; omnia tribuit,</hi>
                           <note place="margin">Epist. 64. ad Theodorum medicum.</note> 
                           <hi>&amp; dominari eum non solùm
militibus, sed etiam Sacerdotibus concessit, Christ hath both given all things
to the Emperour, but a power of dominion not onely over the souldiers, but
even over the Priests themselves.</hi> And that great wise disposer of all things
in Heaven and Earth, who makes twins in the little continent of their Mo<g ref="char:EOLhyphen"/>thers
Wombe to lie at ease and peace, and the Eccentric motions of the
Orbes, and the regular and irregular progressions of the starres, not to crosse
or hinder one another, and in all the variety of humane actions, cases and
contingencies, hath so wisely dispos'd his laws that no contradiction of
chance can infer a contradiction of duty, and it can never be necessary to
sin, but on one hand or other it may for ever be avoided; cannot be supposed
to have appointed two powers in the hands of his servants to fight against
or to resist each other: but as good is never contrary to good, nor truth to
truth, so neither can those powers which are ordain'd for good. And
therefore where the powers are distinct they are imployed upon several
matters; and where they converse about the same matter, as in external
actions and persons they doe, there one is subject to the other, and there<g ref="char:EOLhyphen"/>fore
can never be against it.</p>
                     </div>
                  </div>
                  <div n="7" type="rule">
                     <head>RULE VII. The supreme Civil power hath jurisdiction in causes
not onely Ecclesiastical, but internal and spiritual.</head>
                     <p>
                        <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap> said <hi>Aristotle,</hi>
                        <note place="margin">1.</note> 
                        <hi>Of things belonging to
God the King is the Governour.</hi>
                        <note place="margin">Polit. l. 3.</note> Therefore besides that the supreme Civil
power is to govern all persons and all actions and ministeries which are di<g ref="char:EOLhyphen"/>rectly
external, it is to be considered that actions internal, as they can be
made publick, have also influence upon the persons and lives, he fortunes
and communities of Men; and therefore either are so far forth to be go<g ref="char:EOLhyphen"/>nerned
by them who are governours of men in their lives and fortunes, in
their societies and persons, that they may doe good to them, or at least
doe no hurt.</p>
                     <p>Therefore as the supreme Princes and Magistrates have in several ages
of the Church indulg'd to Ecclesiastics a power of Civil government,<note place="margin">2.</note> pri<g ref="char:EOLhyphen"/>vileges
and defensatives <hi>in ordine ad spiritualia,</hi> that is, to enable them
with the help of the Civil power to advance the interests of religion and
the spiritual men, which by evil men is apt to be despis'd, as all the threat<g ref="char:EOLhyphen"/>nings
of the Gospell and the terrors of death and the horrible affright<g ref="char:EOLhyphen"/>ments
of the day of Judgement are: so God hath given to the supreme
Civil power authority over all publick religion <hi>in ordine ad bonum tempo<g ref="char:EOLhyphen"/>rale.</hi>
Princes and States did the other, but God did this. That was well,
<pb n="200" facs="tcp:58903:411"/>
very well; but this is necessary, and that was not. The reason of both is
this, Because no external accident can hinder the intentions of God in the
effects of religion and the event of souls. Religion thrives as well in a
storm and in persecution as in sun-shine. God had more summer friends un<g ref="char:EOLhyphen"/>der
<hi>Constantine,</hi> but possibly as many true ones under <hi>Diocletian;</hi> or if he
had not, it was mens fault, their weaknesse, not their necessity. But the
Civil interest can be really hindered by the intervening of new doctrines
and false manners of worship: and the common-wealth if it be destroyed
hath no recompence in eternity: and therefore God hath not call'd them
happy when they are troubled, and hath not bidden them to suffer rebelli<g ref="char:EOLhyphen"/>on,
or to rejoice when men <hi>speak evil of dignities,</hi> and he hath not told
them that <hi>great is their reward in heaven;</hi> but the whole purpose and pro<g ref="char:EOLhyphen"/>per
end of the government being for temporal felicity, though that tem<g ref="char:EOLhyphen"/>poral
felicity is by the wisdome of God made to minister to the eternal, the
government expires in this world, &amp; shall never return to look for recom<g ref="char:EOLhyphen"/>pence
for it's sufferings. But every single Man shall; and though tempo<g ref="char:EOLhyphen"/>ral
power can be taken from Princes, yet a mans religion cannot be taken
from him: and therefore God hath given to Princes a supreme power for
the ordering of religion in order to the common-wealth, without which
it had not had sufficient power to preserve it self; but he hath not given to
Ecclesiastics a power over Princes in matter of government in order to spiri<g ref="char:EOLhyphen"/>tual
things, 1. because though spiritual things may receive advantage by such
powers if they had them, yet they may doe as much harm as good, and
have done so very often, and may doe so again. 2. Because God hath ap<g ref="char:EOLhyphen"/>pointed
to spiritual persons spiritual instruments sufficient to the end of
that appointment. 3. Because he hath also established another Oeconomy
for religion, the way of the crosse, and the beaten way of humility, and the
defensatives of mortification, and the guards of self-denial, and the provi<g ref="char:EOLhyphen"/>sions
of contentednesse, and the whole spiritual armour, and prayers and
teares, and promises, and his holy spirit, and these are infinitely sufficient to
doe Gods work, and they are infinitely the better way. 4. Because religi<g ref="char:EOLhyphen"/>on
being a spiritual thing can stand alone, as the soul can by it self subsist:
and secular violence can no more destroy faith, or the spiritual and true wor<g ref="char:EOLhyphen"/>ship
of God, then a sword can kill the understanding. 5. Because if God
had given a temporal power to Ecclesiastics in order to a spiritual end, then
he had set up two supremes in the same affairs, which could never agree
but by the cession of one; that is, the two supremes could never agree but
by making one of them not to be supreme.</p>
                     <p>And the world hath seen this last particular verified by many sad ex<g ref="char:EOLhyphen"/>periments.<note place="margin">3.</note>
For when the <hi>Roman</hi> Emperours residing in the East gave
great powers and trusts to the Patriarchs of the West, by their Spiri<g ref="char:EOLhyphen"/>tual
sword they began to hew at the head of gold, and lop off many Roy<g ref="char:EOLhyphen"/>alties
from the Imperial stock. And <hi>Leo Iconomachus</hi> for breaking down
the images of Saints felt their power, for they suffered not the people to
pay him tribute in <hi>Italy,</hi> threatning to interdict them the use of Sacra<g ref="char:EOLhyphen"/>ments
and publick devotions if they did. But as soon as ever they began
by spiritual power to intermeddle in secular affairs, they quickly pulled
the Western Empire from the East, and in a convenient time lessened and
weakned that of the West. For Pope <hi>John</hi> the third combin'd with <hi>Be<g ref="char:EOLhyphen"/>engarius</hi>
and <hi>Adalbar</hi> his son against the Emperor <hi>Otho</hi> the great, and they
must pretend themselves to be Kings of <hi>Italy.</hi> Pope <hi>John</hi> the 18<hi rend="sup">th</hi> made
<pb n="201" facs="tcp:58903:411"/>
a league with <hi>Crescentius,</hi> and stirred up the people against <hi>Otho</hi> the third.
Pope <hi>Benedict</hi> the ninth excited <hi>Peter</hi> of <hi>Hungary</hi> to pretend to the Empire,
onely to hinder <hi>Henry</hi> surnamed <hi>Niger</hi> from entring into <hi>Italy</hi> to repeat his
rights. And all the world knows what <hi>Gregory</hi> the 7<hi rend="sup">th</hi> did to <hi>Henry</hi> the
fourth; how he first caused <hi>Rodulph</hi> of <hi>Suevia,</hi> and afterwards <hi>Ecbert</hi> of
<hi>Saxony</hi> to fight against him: and here their great quarrel was about the
power of chusing the Pope. Then they fell out about the collation of Bi<g ref="char:EOLhyphen"/>shoprics;
for which cause Pope <hi>Gelasius</hi> the XII<hi rend="sup">th</hi> caus'd the Arch-Bishop of
<hi>Mentz</hi> to rebel against <hi>Henry</hi> the 5<hi rend="sup">th</hi>; and there the Pope got the better of
him, and by the aid of his <hi>Norman</hi> forces which he had in <hi>Sicily</hi> beat him
into compliance. Then they fell out about some fees of the Empire; and
<hi>Innocent</hi> the second raised up <hi>Roger</hi> the <hi>Norman</hi> against <hi>Lotharius</hi> the XII.
about the Dutchy of <hi>Poüille:</hi> and S. <hi>Bernard</hi> being made Umpire in the
Quarrel, the Pope got a share in <hi>Bavaria,</hi> for whoever lost, <hi>signior Papa,</hi>
like the butlers box, was sure to get, by the advantage of his supreme con<g ref="char:EOLhyphen"/>duct
of religion which by this time he got into his hands.</p>
                     <p>And now he improv'd it providently.<note place="margin">4.</note> For the same <hi>Innocent</hi> stirred
up <hi>Guelphus</hi> Duke of <hi>Bavaria</hi> against <hi>Conrade</hi> the third; and thence
sprang that dismal and bloudy faction between the <hi>Guelphs</hi> and <hi>Ghibellins.</hi>
But what should I reckon more?<note place="margin">Vide Luitpran. lib 6. c. 6. Cuspinian, &amp; Theodoric. à Niem in vita Othon. 3.</note> I must transcribe the Annals of <hi>Germa<g ref="char:EOLhyphen"/>ny</hi>
to enumerate the hostilities of the <hi>Roman</hi> Bishops against the Emperors
their lords, when they got the conduct and Civil government of religious
affairs into their power. <hi>Frederic Barbarossa, Henry</hi> the sixth, his brother
<hi>Philip, Frederic</hi> the second, <hi>Henry</hi> the seventh, <hi>Frederic</hi> of <hi>Austria, Lewis</hi>
of <hi>Bavaria, Sigismond, Frederic</hi> the third, felt the power of a temporal
sword in a religious scabbard: and this was so certain, so constant a mis<g ref="char:EOLhyphen"/>chief,
that when the Pope had excommunicated eight Emperors, and made
the temporal sword cut off them whom the spiritual sword had struck at,
the Emperors grew afraid. And <hi>Radulph</hi> of <hi>Haspurg</hi> when he was chosen
Emperor durst not goe into <hi>Italy,</hi> which he called the Lions denne, because
the entrance was fair, but few returning footsteps were espied. And it grew
to be a proverb,<note place="margin">lib. 4. Chron.</note> saith <hi>Guicciardine, Proprium est Ecclesiae odisse Caesares, The
Church hates Caesar;</hi> and the event was that which <hi>Carion</hi> complained of,
<hi>Sceleribus Pontificum hoc Imperium languefactum est, By the wickednesse of
the Bishops of</hi> Rome <hi>the</hi> Roman <hi>Empire is fallen into decay.</hi>
                     </p>
                     <p>These instances are more then enough to prove that if Religion be go<g ref="char:EOLhyphen"/>verned<note place="margin">5.</note>
by any hand with which the Civil power hath nothing to doe, it
may come to passe that the Civil power shall have no hands at all, or they
shall be in bands. The consequence of these is this, That if the supreme
Civil power be sufficient to preserve it self, it can provide against the evil
use of the spiritual sword, and consequently can conduct all religion that
can by evil men be abus'd, so as to keep it harmlesse. If by excommunica<g ref="char:EOLhyphen"/>tions
the Bishop can disturb the Civil interest, the Civil power can hold his
hands that he shall not strike with it, or if he does, can take out the tempo<g ref="char:EOLhyphen"/>ral
sting, that it shall not venome and fester. If by strange doctrines
the Ecclesiastics can aliene the hearts of subjects from their duty, the
Civil power can forbid those doctrines to be preach'd. If the Canons
of the Church be seditious or peevish or apt for trouble, the Civil
power can command them to be rescinded, or may refuse to verify
them, and make them into laws. But that we may not trust our own
<pb n="202" facs="tcp:58903:412"/>
reason onely, I shall instance in the particulars of jurisdiction, and give
evident probation of them from the authority of the best ages of the
Church.</p>
                     <p>And first in general,<note place="margin">6.</note> that Kings or the supreme Civil power is by God
made an Overseer, a Ruler, a carefull Father, a Governour, a Protector and
Provider for his Church, is evident in the Scriptures, and the doctrine of
the Primitive ages of the Church. <hi>Nutritii &amp; patres Ecclesiae</hi> is their appel<g ref="char:EOLhyphen"/>lative
which we are taught from Scripture, Nursing Fathers of the
Church. <hi>Pastores;</hi> that's the word God us'd of <hi>Cyrus</hi> the <hi>Persian, Cyrus
my shepherd:</hi> and when the Spirit of God by <hi>David</hi> calls to Kings and
Princes of the earth to <hi>kisse the Son lest he be angry,</hi> it intends that as Kings
they should use their power and Empire in those things in which the Son
will be worshipp'd by the children of men. For besides the natural and first
end of government, which is temporal felicity, of which I have already
spoken, there is also a supernatural, the eternal felicity of souls; and to
this Civil government does minister by the Oeconomy and designe of
God: and therefore it was well said of <hi>Ammianus,</hi>
                        <note place="margin">lib. 39.</note> 
                        <hi>Nihil aliud est Im<g ref="char:EOLhyphen"/>perium
(ut sapientes definiunt) nisi cura salutis alienae.</hi> It is true in both
senses; <hi>Empire is nothing else (as wise men define it) but a power of doing
good by taking care for the salvation of others.</hi> To doe them good here,
and to cause them to doe themselves good hereafter, is the end of all go<g ref="char:EOLhyphen"/>vernment.<note place="margin">
                           <gap reason="illegible" resp="#TECH" extent="1 letter">
                              <desc>•</desc>
                           </gap>pud Cyril. ep. 17.</note>
And the reason of it is well expressed by the Emperor <hi>Theo<g ref="char:EOLhyphen"/>dosius
Junior</hi> to S. <hi>Cyril, Quandoquidem ut vera religio justâ actione perfici<g ref="char:EOLhyphen"/>tur,
ita &amp; Respublicautriusque ope nixa florescit,</hi> As true religion is per<g ref="char:EOLhyphen"/>fected
by justice, so by religion and justice the republick does flourish; and
therefore he addes, <hi>Deus opt. Max. pietatis &amp; justae actionis quoddam quasi vin<g ref="char:EOLhyphen"/>culum
nos esse voluerit,</hi> The Emperor is by the Divine appointment the
common band of justice and religion.</p>
                     <p>In pursuance of this truth,<note place="margin">7.</note> 
                        <hi>Eusebius</hi> tels that <hi>Constantine</hi> the Great
was wont to say to the Bishops concerning himself,<note place="margin">de vita Con<g ref="char:EOLhyphen"/>stant. lib. 4. c. 24.</note> 
                        <hi>Vos intra Ecclesiam,
ego extra Ecclesiam à Deo Episcopus constitutus sum,</hi> You within the <gap reason="illegible" resp="#TECH" extent="1 letter">
                           <desc>•</desc>
                        </gap>hurch
walls and I without, but both of us are appointed by God to be <hi>Bishops</hi> or
<hi>Overseers</hi> of his Saints and servants. And in the edict of <hi>Valentinian</hi> and
<hi>Martian,</hi> which approves the acts of the Council of <hi>Chalcedon,</hi> they are
both called <hi>Inclyti Pontifices, illustrious Bishops:</hi> and the Emperor <hi>Leo</hi> 3. in his
Epistle to <hi>Gregory</hi> the Bishop of <hi>Rome</hi> sayes of himself <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>,
<hi>I am both a King and a priest;</hi> meaning in office, not in order, in go<g ref="char:EOLhyphen"/>vernment,
not in ministeries. These and such like words are often us'd in
the Letters enterchang'd between the Princes and the Bishops in the Anci<g ref="char:EOLhyphen"/>ent
Church, of which that of <hi>Leo</hi> the <hi>Roman</hi> Bishop concerning the <hi>French</hi>
Capitulars is remarkable, writing to <hi>Lotharius. De capitulis vel praeceptis
Imperialibus vestris vestrorum Pontificum praedecessorum irrefragabiliter cu<g ref="char:EOLhyphen"/>stodiendis
&amp; conservandis, quantum valuimus &amp; valemus in Christo propitio,
&amp; nunc &amp; in aevum nos conservaturos modis omnibus profitemur.</hi> It was a
direct <hi>Oath of supremacy. Concerning the Capitulars or Imperial precepts
given by you and your predecessors who were Bishops,</hi> (viz. in their power and
care over Churches) <hi>we through the assistance of Christ promise as much as
we are able to keep and to conserve them for ever.</hi> The limit of which pow<g ref="char:EOLhyphen"/>er
is well explicated by S. <hi>Austin</hi> in these words,<note place="margin">Epist. 166.</note> 
                        <hi>Quando Imperatores ve<g ref="char:EOLhyphen"/>ritatem
tenent, pro ipsa veritate contra errorem jubent; quod quisquis con<g ref="char:EOLhyphen"/>tempserit,
<pb n="203" facs="tcp:58903:412"/>
ipse sibi judicium acquirit, When the Emperors are Christians and
right believers, they make laws for the truth and against false doctrines;
which laws whosoever shall despise, gets damnation to himself.</hi>
                     </p>
                     <p>For if we consider that famous saying of <hi>Optatus,</hi>
                        <note place="margin">8.</note> that <hi>Ecclesia est in
republica, non respublica in Ecclesia, The Church is in the common-wealth, not
the common-wealth in the Church,</hi> and the Church is not a distinct state and
order of men, but the common-wealth turn'd Christian, that is better in<g ref="char:EOLhyphen"/>structed,
more holy, greater lovers of God, and taught in the knowledge
of our Lord Jesus; it is not to be imagin'd, that the Emperors or supreme
governours should have the lesse care and rule over it by how much the
more it belongs to God. This fancy first invaded the servants when they
turn'd Christians; they thought their Masters had then lesse to doe with
them. The Apostle tels them as in the case of <hi>Onesimus,</hi> that it is true,
they ought to love them better, but the other were not the lesse to be obe<g ref="char:EOLhyphen"/>dient;
onely there was this gotten by it, that the servants were to doe the
same service for the Lords sake, which before they did for the laws. But
it is a strange folly to imagine that because a man hath chang'd his opinion
he hath therefore chang'd his relation; and if it were so, he that is weary
of his Master, may soon change his service by going to another Tutor. Re<g ref="char:EOLhyphen"/>ligion
establishes all natural and political relations, and changes none but
the spiritual; and the same Prince that governs his people in the time of
the plague is to govern them when they are cur'd; and the Physician that
cur'd them hath got no dominion over them, onely <hi>in regimine salutis</hi> he
is principal, he is to govern their health. The cases as to this are parallel
between the soul and the body.<note place="margin">In Concii. Roman. sub Martino l.</note> And therefore the Emperor <hi>Constans</hi> de<g ref="char:EOLhyphen"/>clar'd
his power and his duty too, <hi>de omnibus curam agere &amp; intendere quae
respiciunt ad utilitatem Christianissimae nostrae reipublicae, to take care and to
intend all things which regard the advantage of our most Christian common-wealth:</hi>
and <hi>Aimonius</hi> tels of King <hi>Clodovaeus,</hi> that in one of the Councils<note place="margin">lib. 4. cap. 41.</note>
of <hi>Africa</hi> held at <hi>Clupea</hi> he described his office and duty by these two sum<g ref="char:EOLhyphen"/>maries,
<hi>publicis rebus consultores advocare, &amp; ea quae Dei &amp; sanctorum ejus
sunt disponere; to consult about publick affaires of the common-wealth, and
to dispose of those things which belong to God and to his saints.</hi>
                     </p>
                     <p>But the consideration of the particulars will be more useful in this in<g ref="char:EOLhyphen"/>quiry,<note place="margin">9.</note>
and first</p>
                     <p>
                        <hi>The supreme Civil power hath authority to convene and to dissolve all synods
Ecclesiastical.</hi>
                     </p>
                     <p>This appears 1. in that all the first Councils of the Church after the<note place="margin">10.</note>
Emperors were Christian were convocated by their Authority. The Coun<g ref="char:EOLhyphen"/>cil
of <hi>Nice</hi> was called by <hi>Constantine,</hi> as is affirmed by<note n="a" place="margin">de vita Con<g ref="char:EOLhyphen"/>stant. l. 7. c. 6.</note> 
                        <hi>Eusebius,</hi>
                        <note n="b" place="margin">lib. 1. hist. c. 1.</note> 
                        <hi>Ruffi<g ref="char:EOLhyphen"/>nus,</hi>
                        <note n="c" place="margin">lib. 1. c. 16.</note>
                        <hi>Sozomen</hi> and<note n="d" place="margin">lib. 2. hist. c. 5.</note> 
                        <hi>Theodoret:</hi> and when the <hi>Eusebians</hi> had persuaded <hi>Con<g ref="char:EOLhyphen"/>stantine</hi>
to call a council at <hi>Tyre</hi> against <hi>Athanasius,</hi> the Prince understanding
their craft and violence calld them from <hi>Tyre</hi> to <hi>Constantinople</hi>
                        <note n="*" place="margin">apud Athanas. apol. 2.</note>: and by
the same Emperour there was another Council called at <hi>Arles.</hi> The Coun<g ref="char:EOLhyphen"/>cil
at <hi>Sardica</hi> in <hi>Illyria</hi> was conven'd by the authority of the Emperours
<hi>Constans</hi> and <hi>Constantius,</hi> as the Fathers of that Synod themselves wrote in
their letters to the <hi>Egyptians</hi> and <hi>Africans:</hi>
                        <note place="margin">apud Athanas, ibid.</note> and <hi>Liberius</hi> the Bishop of
<pb n="204" facs="tcp:58903:413"/>
                        <hi>Rome</hi> with many other Bishops of <hi>Italy</hi> joyn'd in petition to <hi>Constantius</hi> to
convocate a Council at <hi>Aquileia;</hi>
                        <note place="margin">Theodor. lib. 2. c. 16. in dial. &amp; Liberius in Epist. ad Ho<g ref="char:EOLhyphen"/>sium Cordub. apud Baron. Tom. 3. A. D. 353. n. 19.</note> not to suffer them to doe it, but that
he would, for to him they knew it onely did belong. <hi>Theodosius</hi> the Em<g ref="char:EOLhyphen"/>peror
called the second general Council at <hi>Constantinople;</hi> as <hi>Socrates, So<g ref="char:EOLhyphen"/>zomen</hi>
and <hi>Nicephorus</hi> relate: and the Fathers of the Council<note n="*" place="margin">Synod. con<g ref="char:EOLhyphen"/>stit. libell.</note> write in
their Synodical constitutions, with this expression added, <hi>ea quae acta sunt in
sancto Concilio ad Tuam referimus Pietatem, whatsoever was done in that Synod
was</hi> wholly <hi>referr'd</hi> and submitted <hi>to the Princes piety.</hi> The great <hi>Ephesin</hi>
Council, which was the third Oecumenical, was conven'd by <hi>Theodosius Ju<g ref="char:EOLhyphen"/>nior,
exproprio munere &amp; officio,</hi>
                        <note place="margin">apud Cy<gap reason="illegible" resp="#TECH" extent="1 letter">
                              <desc>•</desc>
                           </gap>il. Ep. 4.</note> 
                        <hi>&amp; ex animi sui deliberatione,</hi> so himself
affirms, <hi>out of his own free choice, according to his office and his duty.</hi> But
his rescript by which he conven'd the Council is a most admirable letter,
and contains in it a full testimony of the truth of this whole Rule, and
does excellently enumerate and imply all the parts of the Imperial jurisdi<g ref="char:EOLhyphen"/>ction
in causes of religion.<note place="margin">Epist. 17. apud Cyrilium.</note> The summe of which are in the preface of that
rescript in these words, <hi>Our common-wealth depends upon piety [or religion]
towards God, and between them both there is great cognation and society; for
they agree together, and grow by the increase of one another: so that true re<g ref="char:EOLhyphen"/>ligion
does shine by the study of justice, and the common-wealth is assisted by
them both. We therefore being plac'd in the Kingdome by God, having receiv'd
from him the care both of the Religion and the prosperity of the subject, we
have hitherto endeavour'd by our care and by our forces to keep in perpetual
union: and for the safety of the republic we are intent to the profit of our sub<g ref="char:EOLhyphen"/>jects,
and diligently watch for the conservation of true religion; but especially
we strive that they may live holily, as becomes holy persons, taking care, as it
befits us, even of both (for it is impossible we should take good care of one if
we neglect the other.) But above the rest, we are carefull that the Ecclesiasti<g ref="char:EOLhyphen"/>cal
state may remain firm, so as is fit to relate to God, and to be in our time,
and may have tranquillity by the consent of all men, and may be quiet by the
peace of the Ecclesiastic affaires; and that true religion may be kept unrepro<g ref="char:EOLhyphen"/>vable,
and the lives of the inferior Clergy and the Bishops may be free from
blame. This is the summe of his duty, and the limit of his power, and the in<g ref="char:EOLhyphen"/>tention
of his Government.</hi> And to these purposes he call'd a Council, threat<g ref="char:EOLhyphen"/>ning
punishment to any Prelate who was called if he neglected to come. If
the Emperour took more upon him then belong'd to him, he was near a
good Tutour that could well have reprov'd him, the Fathers of the
<hi>Ephesin</hi> Council; but if he took upon him but what was just, this testimo<g ref="char:EOLhyphen"/>ny
alone is sufficient in this whole question. But he ended not so, but short<g ref="char:EOLhyphen"/>ly
after called another Council in the same place,<note place="margin">In Concil. Chalced. act. 1. scribensad Dios<g ref="char:EOLhyphen"/>corum Alex. Leo Epist. 21. Tom. 1. Epist. RR. PP.</note> against the will of Pope
<hi>Leo,</hi> who yet was forc'd to send his Deputies to be assistant at it. But that
Council had an ill end: and to repair the wounds made to truth by it, Pope
<hi>Leo</hi> petition'd the Emperor for another to be held in <hi>Italy.</hi> But the Empe<g ref="char:EOLhyphen"/>ror
was then not much in love with Councils, having been so lately deceived
by one; and therefore put it off, and died: and his successor <hi>Martianus</hi> cal<g ref="char:EOLhyphen"/>led
one at <hi>Nice,</hi> but changing his mind had it kept in <hi>Chalcedon.</hi> I shall
proceed no further in particular, but account it sufficient what Cardinal <hi>Cu<g ref="char:EOLhyphen"/>sanus</hi>
acknowledges. <hi>Sciendum est quod in universalibus octo Conciliis sem<g ref="char:EOLhyphen"/>per
invenio Imperatores &amp; Judices suos cum senatu primatum habuisse.</hi> For
this is more then the mere power of calling them;<note place="margin">de Concord. l. 3. c. 16.</note> for that he might doe
upon many accounts: but the Emperors and his Judges and Council always
had the primacy in the eight general Councils.</p>
                     <p>
                        <pb n="205" facs="tcp:58903:413"/>
As the Emperors did convene,<note place="margin">11.</note> so they did dismisse the Ecclesiastical
conventions; as appears in the acts of the <hi>Ephesin</hi> Council, where the Fa<g ref="char:EOLhyphen"/>thers
petition the Emperor, that he would free them from that place, and
give them leave to wait upon him to see his face,<note place="margin">Vide etiam Baron. Tom<g ref="char:punc">▪</g> 5. A. D. 441. n. 103. Theod. l. 2. c. 19. 20.</note> or at least he would dis<g ref="char:EOLhyphen"/>misse
them and send them home to their own Churches. The same peti<g ref="char:EOLhyphen"/>tion
was made by the Bishops at <hi>Ariminum</hi> to the Emperor <hi>Constantius,</hi>
and by the Fathers at the Council of <hi>Chalcedon</hi>
                        <note n="*" place="margin">fine 6<hi rend="sup">tae</hi> act.</note> to <hi>Martianus.</hi> But these
things did never please the <hi>Italians</hi> after their Patriarch began to set up for
Ecclesiastical Monarchy, and they, as soon as they could, and even before
their just opportunities, would be endeavouring to lessen the Imperial pow<g ref="char:EOLhyphen"/>er
and to take it into their own hands. But this is one of the things that
grew to an intolerable mischief; and was not onely against the practice of
the best ages, and against the just rights of Emperors, but against the do<g ref="char:EOLhyphen"/>ctrine
of the Church.</p>
                     <p>For S. <hi>Hierom</hi> reproving <hi>Ruffinus,</hi>
                        <note place="margin">12.</note> who had quoted the authority of
some Synod,<note place="margin">Apol. ad. Ruffin. lib. 2.</note> I know not where, S. <hi>Hierome</hi> confutes him, by this argu<g ref="char:EOLhyphen"/>ment,
<hi>Quis Imperator jusserit hanc Synodum congregari?</hi> There was no
such Synod, for you cannot tell by what Emperors command it was con<g ref="char:EOLhyphen"/>ven'd.
To this purpose there was an excellent Epistle written by certain
Bishops of <hi>Istria</hi> to <hi>Mauritius</hi> the Emperour, enumerating from the records
of the Church the convention of Ecclesiastical Councils to have been
wholly by the Emperors disposition;<note place="margin">apud Baron. A. D. 590. to. 8. n. 40.</note> in which also they dogmatically af<g ref="char:EOLhyphen"/>firm,
<hi>Semper Deus praesentiâ Christianorum Principum contentiones Eccle<g ref="char:EOLhyphen"/>siasticas
sedare dignatur, God does always vouchsafe to appease Church-quarrels
by the presence of Christian Emperors:</hi> meaning that by their authority the
Conciliary definitions pass'd into laws. But who please to see more parti<g ref="char:EOLhyphen"/>culars
relating to this inquiry, may be filled with the fight of them in the
whole third book of <hi>William Ranchin</hi> his Review of the Council of
<hi>Trent.</hi>
                     </p>
                     <p>
                        <hi>The supreme Civil power hath a power of external Judgement in causes of
Faith.</hi>
                     </p>
                     <p>This relies upon the former reasons,<note place="margin">13.</note> That since propositions of reli<g ref="char:EOLhyphen"/>gion
and doctrines of Theology have so great influence upon the lives of
men, upon peace and justice, upon duty and obedience, it is necessary that
the supreme Civil power should determine what doctrines are to be taught
the people, and what to be forbidden. The Princes are to tell what reli<g ref="char:EOLhyphen"/>gions
are to be permitted and what not: and we find a law of <hi>Justinian</hi> for<g ref="char:EOLhyphen"/>bidding
anathematisms to be pronounced against the Jewish <hi>Hellenists;</hi>
                        <note place="margin">Novel. 146.</note> for
the Emperors did not onely permit false religions by impunity, but made
laws even for the ordering their assemblies, making Ecclesiastical laws for
enemies of true religion: so necessary it is for Princes to govern all religion
and pretences of religion within their Nations. This we find in the Civil
law, in the title of the Code <hi>de Judaeis,</hi> in many instances. A law was
made by <hi>Justinian</hi> also that none should be admitted into the Jewish Syna<g ref="char:EOLhyphen"/>gogues
that denied Angels, or the Resurrection, or the day of Judgment.
Thus the Civil power took away the Churches from the <hi>Maximianistae,</hi> be<g ref="char:EOLhyphen"/>cause
they were an under sect of the <hi>Donatists</hi> condemn'd by their supe<g ref="char:EOLhyphen"/>riors.
But then that the Christian Princes did this and might doe this
<pb n="206" facs="tcp:58903:414"/>
and much more in the articles of true religion, is evident by many instances
and great reason.</p>
                     <p>There is a title in the first book of the Code,<note place="margin">14.</note> 
                        <hi>Ne sacrosanctum bap<g ref="char:EOLhyphen"/>tisma
iteretur,</hi>
                        <note place="margin">Vide l. nemo. ff. de summa Trinitate.</note> against the Anabaptists. <hi>C<gap reason="illegible" resp="#TECH" extent="1 letter">
                              <desc>•</desc>
                           </gap>arles</hi> the Great made a decree
against the worshipping of Images, and gave sentence against the second
<hi>Nicene</hi> Council in that particular: and <hi>Sozomen</hi> reports that <hi>Constantine</hi>
cut off unprofitable questions, to prevent schismes in the Church; which
example our Kings of <hi>England</hi> have imitated by forbidding publick prea<g ref="char:EOLhyphen"/>chers
or Divines in schools to meddle in the curious questions of Predesti<g ref="char:EOLhyphen"/>nation.
Thus the publick laws of a Nation often declare who are and who
are not heretics: and by an Act of Parliament in <hi>England</hi> they onely are
judged heretics who for such were condemn'd by the four general Councils.
Upon this account many Princes have forbidden publick disputations in
matters of religion: to this purpose there was a law of <hi>Leo</hi> and <hi>Anthemius,
l. qui in Mon. C. de Episc. &amp; Clericis;</hi> and <hi>Andronicus</hi> the Emperor hearing
some Bishops disputing with some subtilty upon those words [<hi>my Father is
greater then I</hi>] threatned to throw them into the river,<note place="margin">Nicet. Cho<g ref="char:EOLhyphen"/>niat.</note> if they would not
leave such dangerous disputations. <hi>Heraclius</hi> the Emperor forbad any of
those nice words concerning Christ to be used: some did use to say that in
Christ there was a single energy, some said there was a double; but the
Emperor determin'd the question well, and bad them hold their peace and
speak of neither: for, as <hi>Sisinnius</hi> said to <hi>Theodosius, disputando de sacris accen<g ref="char:EOLhyphen"/>di
tantùm contentionem, there is nothing got by disputations but strife and
contention:</hi> and therefore Princes are the best Moderators of Church-mens
quarrels, because Princes are bound to keep the peace. And consonantly
to this <hi>Isidore</hi> spake well,<note place="margin">23. q. 5. c. prin<g ref="char:EOLhyphen"/>cipes.</note> 
                        <hi>Sanè per regnum terrenum coeleste regnum profi<g ref="char:EOLhyphen"/>cit,
ut qui intra Ecclesiam positi contra fidem &amp; disciplinam Ecclesiae agunt,
rigore principum conterantur, apsamque disciplinam quam Ecclesiae humilitas
exercere non praevalet, cervicibus superborum potestas principalis imponat.</hi>
The Civil power advances the interests of the heavenly Kingdome by
punishing them who sin against the faith and discipline of the Church; if
they be <hi>intra Ecclesiam,</hi> within the Church, their faith and manners both
are subject to the secular judgment.</p>
                     <p>But not onely so,<note place="margin">15.</note> but they are to take care to secure &amp; promote the in<g ref="char:EOLhyphen"/>terest
of truth: for though, as S. <hi>Paul</hi> sayes, <hi>doubtful disputations doe engender
strife,</hi> yet we must <hi>contend earnestly for the faith;</hi> with zeal, but yet with
meeknesse too: and therefore that matters of faith and doctrines of good life
be established, it is part of the Princes du<g ref="char:EOLhyphen"/>ty
to take care.<note n="*" place="margin">Imperator, ut communis <gap reason="foreign">
                              <desc>〈 in non-Latin alphabet 〉</desc>
                           </gap> existens &amp; nomina<g ref="char:EOLhyphen"/>tus, Synodalibus praest sententiis &amp; robur tribuit, Ecclesia<g ref="char:EOLhyphen"/>sticos ordines componit, &amp; legem dat vitae politiaque <gap reason="illegible" resp="#TECH" extent="1 letter">
                              <desc>•</desc>
                           </gap>orum qui altari serviunt. Et rursus ut uno verbo dicam, solo sa<g ref="char:EOLhyphen"/>crificandi excepto ministerio, reliqua Pontificialia privilegia Imperator repraelentat? Demetr. Chomaten. in resp. Orien. F<gap reason="illegible" resp="#TECH" extent="1 letter">
                              <desc>•</desc>
                           </gap>agrius <hi>Leonis</hi> Imp. Concilii Chalced. approbarionem ve<g ref="char:EOLhyphen"/>cat decisionem de fide, lib. 3. c. 4. &amp;c. 5. videat lector totum hujus re<gap reason="illegible" resp="#TECH" extent="1 letter">
                              <desc>•</desc>
                           </gap> processum ex l. 1. Heracl<gap reason="illegible" resp="#TECH" extent="2 letters">
                              <desc>••</desc>
                           </gap>, incip. Cum sanctus, inter constit, Imperial. Cum. S. (inquit) Sophronius, tunc fummo Sacerdotio fungens Hierosolymis, subjectis sibi sacerdotibus convocatis synodice demonstrasset eos qui unam in duabus Christi naturis volun<gap reason="illegible" resp="#TECH" extent="1 letter">
                              <desc>•</desc>
                           </gap>aiem atque energiam affirmarent palam unam quoque natur<gap reason="illegible" resp="#TECH" extent="2 letters">
                              <desc>••</desc>
                           </gap> statuere, eique <hi>Johannes</hi> Papa <hi>Romanus</hi> assensus esset, Imperator edictum proponit, Neque singularem, neque duplicem in Christo energiam esse asserendam,</note> According to which
we find that when a rumour was spread
that brought Pope <hi>Pelagius</hi> into suspi<g ref="char:EOLhyphen"/>cion
of heresy, King <hi>Childebert</hi> sent
<hi>Rufinus</hi> to him to require him either
to recite and professe the Tome of S.
<hi>Leo</hi> in which there was a good con<g ref="char:EOLhyphen"/>fession
of faith, or else that he should
doe the same thing in his own words.
Pope <hi>Pelagius</hi> sent this answer: <hi>Sata<g ref="char:EOLhyphen"/>gendum
est ut pro auferendo suspicionis
scandalo obsequium confessionis nostrae
<pb n="207" facs="tcp:58903:414"/>
Regibus ministremus,</hi>
                        <note place="margin">25. q. 1. c. Sar<g ref="char:EOLhyphen"/>agendum.</note> 
                        <hi>quibus etiam nos subditos esse sacrae Scripturae praeci<g ref="char:EOLhyphen"/>piunt,
We must take care that for the avoiding suspicion we exhibit to Kings
the duty of our confession: For to them the holy Scriptures command even us
to be obedient.</hi> And not onely for the Faith of Bishops and even of Popes,
but for their Manners also Kings were to take care, and did it accordingly.
<hi>Justinian</hi> made laws that Bishops should not play at dice, nor be present at
publick spectacles; and he said of himself, <hi>maximam habere se sollicitudi<g ref="char:EOLhyphen"/>nem
circa vera Dei dogmata,</hi>
                        <note place="margin">Novel. 123. c. 10.</note> 
                        <hi>&amp; circa Sacerdotum honestatem, that his greatest
care was about the true doctrines of God, and the good lives of Bishops.</hi>
                     </p>
                     <p>I doe not intend by this,<note place="margin">16.</note> that whatsoever article is by Princes allowed
is therefore to be accounted a part of true religion; for that is more then
we can justify of a definition made by a Synod of Bishops: but that they
are to take care that true doctrine be established; that they that are bound
to doe so must be suppos'd competent Judges what is true doctrine, else
they guide their subjects, and some body else rules them, and then who is
the Prince? By what meanes and in what manner the Civil-power is to doe
this I am to set down in the next Rule; but here the question is of the pow<g ref="char:EOLhyphen"/>er,
not of the manner of exercising it: and the answer is, that this power of
judging for themselves and for their people is part of their right; that no
article of religion can become a law unlesse it be decreed by God, or by the
Prince; that the Bishops declaration is a good indication of the law of
God, but that the Princes sanction makes it also become a law of the
Common-wealth: that the Prince may be deceived in an article of religion
is as true as that he may be deceiv'd in a question of right, and a point of
law; yet his determination hath authority, even when a better proposi<g ref="char:EOLhyphen"/>tion
wants it: that error must serve the ends of peace, till by the doctrines
of the wiser Ecclesiastics the Prince being better informed, can by truth
serve it better.</p>
                  </div>
                  <div n="8" type="rule">
                     <head>RULE VIII. The supreme Civil power is to govern in Causes Ec<g ref="char:EOLhyphen"/>clesiastical
by the meanes and measures of Christ's
institution, that is, by the assistance and ministeries
of Ecclesiastical persons.</head>
                     <p>KIngs are supreme Judges of the Law;<note place="margin">1.</note> for <hi>cujus est loqui ejus est interpre<g ref="char:EOLhyphen"/>tari,</hi>
He that speaks, best knows his own meaning: and the law-giver
is certainly his own best interpreter. But in cases where there is doubt,
the supreme Civil power speaks by them whose profession it is to under<g ref="char:EOLhyphen"/>stand
the laws. And so it is in religion. The King is to study the law of
God; <hi>nec hoc illi dictum ut totus ab alieno ore pendeat, ipsequi à se nihil
dijudicet,</hi>
                        <note place="margin">Tortur. Tort.</note> said that learned Prelate of <hi>Winchester, not that he should wholly
depend in religion upon the sentences of others, but be able of himself to judge.</hi>
But where there is difficulty, and that it be fit that the difficulty be resol<g ref="char:EOLhyphen"/>ved,
there the supreme Civil power is to receive the aid of the Ecclesiastic,
from whose mouth <hi>the people are to require the law,</hi> and whose lips by their
<pb n="208" facs="tcp:58903:415"/>
office and designation are <hi>to preserve knowledge.</hi> The Doctors of the
Jews tell that when <hi>Jephthah</hi> had made a rash vow, he might have been re<g ref="char:EOLhyphen"/>leas'd
if he had pleas'd: For if a horse had first met him, he had not been
bound to have offer'd it to God; but it must have been sold, and a sacrifice
be bought with the price; and much more must a man or a woman have
been redeem'd. But because <hi>Jephthah</hi> was a Prince in <hi>Israel,</hi> he would not
goe to <hi>Phinehas</hi> the high Priest to have had his vow interpreted, commu<g ref="char:EOLhyphen"/>ted,
or released. Neither would <hi>Phinehas</hi> goe to him, because he was not
to offer his help till it was implor'd. <hi>Phinehas</hi> did not goe to <hi>Jephthah,</hi>
for he had no need, he had no businesse: and <hi>Jephthah</hi> would not goe to
<hi>Phinehas,</hi> because he was the better man. In the mean time the Virgin
died, or, as some say, was kill'd by her Father: but both Prince and Priest
were punished, <hi>Jephthah</hi> with a palsy, and <hi>Phinehas</hi> was depriv'd of the
Spirit of God. For when the Prince needs the Priest he must consult him;
and whether he consults him or no, the Priest must take care that no evil
be done by the Prince, or suffer'd by him for want of Counsel.</p>
                     <p>But the Princes office of providing for religion,<note place="margin">2.</note> and his manner of
doing it in cases of difficulty are rarely well discours'd of by <hi>Theodosius</hi> the
younger in a letter of his to S. <hi>Cyril,</hi> of which I have formerly mentioned
some portions….. <hi>Pietatis doctrinam in sacra Synodo in utramque partem ven<g ref="char:EOLhyphen"/>tilatam
eatenus obtinere volumus quatenus veritati &amp; rationi consentaneum
esse judicabitur, The doctrine of godlinesse shall be discuss'd in the sacred
Council, and it shall prevail or passe into a law so far as shall be judg<gap reason="illegible" resp="#TECH" extent="1 letter">
                              <desc>•</desc>
                           </gap>d a<g ref="char:EOLhyphen"/>greeable
to truth and reason.</hi> Where the Emperour gives the examination of
it to the Bishops to whose office and calling it does belong: but the judg<g ref="char:EOLhyphen"/>ment
of it and the sanction are the right of the Emperor, who would see
the Decrees should be established if they were true and reasonable. The
judgement I say was the Emperors, but in his judgement he would be ad<g ref="char:EOLhyphen"/>vised,
taught and established by his Bishops. <hi>Sed nec eam doctrinam indis<g ref="char:EOLhyphen"/>cussam
patiemur; cui dijudicandae eos praefici oportet qui sacerdotiis ubivis gen<g ref="char:EOLhyphen"/>tium
praesident, per quos &amp; nos quoque in veritatis sententia stabilimur, &amp;
magis magisque identidem stabiliemur, That doctrine that is in question we
will not suffer to escape examination; but those shall be presidents of the judg<g ref="char:EOLhyphen"/>ment
who in every Nation are the appointed Bishops, by whom we also our
selves are confirmed in the true Religion, and hope every day to be more and
more established.</hi>
                     </p>
                     <p>When the supreme power hath call'd in the aid and office of the Ec<g ref="char:EOLhyphen"/>clesiastic,<note place="margin">3.</note>
good Princes use to verify their acts accordingly, to establish their
sentences, to punish the convict, to exterminate heretics and suppresse their
doctrines. Thus <hi>Honorius</hi> and <hi>Arcadius</hi> the Emperors by an Edict repres<g ref="char:EOLhyphen"/>sed
<hi>Pelagius</hi> and <hi>Caelestius</hi> whom the Bishops had condemn'd; <hi>Constantine</hi>
after the sentence of the <hi>Nicene</hi> Fathers against <hi>Arius,</hi> banish'd him. <hi>Theo<g ref="char:EOLhyphen"/>dosius</hi>
the Elder having diligently conferr'd with the Orthodox Bishops,
and heard patiently what the others could say,<note place="margin">Sozom. l. 7. c. 12.</note> by a law forbad them to
have publick assemblies who denied the Consubstantiality of the Son with
the Father. <hi>Per Consilium Sacerdotum &amp; Optimatum ordinavimus, constitui<g ref="char:EOLhyphen"/>mus,
&amp; diximus;</hi> it was the style of King <hi>Pepin</hi> in the Council of <hi>Soissons.</hi>
And of this nature the instances are very numerous. For <hi>semper studium
fuit Orthodoxis &amp; piis Imperatoribus pro tempore exortas haereses per con<g ref="char:EOLhyphen"/>gregationem
religiosissimorum Archiepiscoporum amputare, &amp; rectâ fide sin<g ref="char:EOLhyphen"/>cerè
<pb n="209" facs="tcp:58903:415"/>
praedicata in pace sanctam Dei Ecclesiam custodire,</hi>
                        <note place="margin">in 5<hi rend="sup">ta</hi> Synod. Constant.</note> said <hi>Theodorus Silen<g ref="char:EOLhyphen"/>tiarius.</hi>
All the pious and orthodox Emperors did use this instrument
and manner of proceeding, for the cutting off heresies, and the sincere pub<g ref="char:EOLhyphen"/>lication
of the faith, and the conservation of the Church in peace.</p>
                     <p>But that this manner of Empire may not prejudice the right of Em<g ref="char:EOLhyphen"/>pire,<note place="margin">4.</note>
it is to be observed that in these things the Emperors us'd their own
liberty, which prov'd plainly they us'd nothing but their own right. For
sometimes they gave toleration to differing Sects, sometimes they gave
none; sometimes they were govern'd by zeal, and sometimes by gentle
Counsels, onely they would be carefull that the disputes should not break
the publick peace: but for their punishing Recusants and Schismatics they
us'd their liberty; so we find in the Acts of the great <hi>Ephesin</hi> Council,
that <hi>Theodosius</hi> the 2<hi rend="sup">d</hi> resolv'd of one, but not upon the other. <hi>At vero
sive illi veniam impetraturi sint qui à Patribus victi discedent, sive non, nos
sanè civitates simul &amp; Ecclesias conturbari nequaquam sinemus, Whether
those who are convict of heresy by the Fathers shall be pardon'd yea or no, yet
we will be sure not to suffer the Repu<gap reason="illegible" resp="#TECH" extent="1 letter">
                              <desc>•</desc>
                           </gap>lick or the Churches to be disturbed.</hi>
                     </p>
                     <p>This I observe now in opposition to those bold pretences of the Court
of <hi>Rome,</hi>
                        <note place="margin">5.</note> and of the Presbytery, that esteem Princes bound to execute
their decrees, and account them but great ministers and servants of their
sentences. Now if this be true, then Princes must confirm all that the
Clergy decrees: If all, then the supreme Prince hath lesse then the meanest
of the people, not so much as a judgement of discretion; or if he have, it
is worse, for he must not use his discretion for the doing of his duty, but
must by an implicite faith and a blind brutish obedience obey his Masters
of the Consistory or Assembly. But if he be not bound to confirm all,
then I suppose he may chuse which he will, and which he will not: and if so,
it is well enough; for then the supreme judgment and the last resort is to
the Prince, not to his Clercs. And that Princes are but Executioners of
the Clergyes sentences is so far from being true, that we find <hi>Theodosius</hi>
refusing to confirm the Acts of the great <hi>Ephesin</hi> Council: for having
been informed (though falsely) that affaires were carried ill,<note place="margin">apud Acta Con<g ref="char:EOLhyphen"/>cil. Ephes. in liter. Theod. ad Synod.</note> he command<g ref="char:EOLhyphen"/>ed
the Bishops to resume the question of the <hi>Nestorians:</hi> for their acts of
condemnation against them he made null, and commanded them to judge it
over again, and that till they had done so, they should not stirre to their
Bishopricks. The ministery was the Bishops all the way, but the external
judgement and the legislative was the Princes.<note place="margin">apud Surium die 5. Jun.</note> So <hi>Charles</hi> the Great re<g ref="char:EOLhyphen"/>form'd
the Church, <hi>Episcopos congregavi,</hi> &amp;c. <hi>I convocated the Bishops to
counsel me how Gods law and Christian religion should be recover'd. There<g ref="char:EOLhyphen"/>fore
by the counsel of my Religions Prelates and my Nobles we have appointed
Bishops in every City, and Boniface their Archbishop, and appoint that a Synod
shall be held every year, that in our presence the canonical decrees and the rights
of the Church may be restor'd, and Christian religion may be reformed.</hi> But
because this must be evident as a consequent of all the former discourses
upon this question; it will be sufficient now to summe it up with the testi<g ref="char:EOLhyphen"/>mony
of S. <hi>Austin</hi> writing to <hi>Emeritus</hi> the Donatist.<note place="margin">Epist. 164.</note> Nam &amp; terrenae po<g ref="char:EOLhyphen"/>testates
cum schismaticos persequuntur eâ regulâ se defendunt, quia dicit
Apostolus, Qui potestati resistit, Dei ordinationi resistit…. Non enim frustra gla<g ref="char:EOLhyphen"/>dium
portat, When the Civil power punishes Schismatics they have a warrant
from an Apostolical Rule, which sayes, He that resists, resists the ordinance of
<pb n="210" facs="tcp:58903:416"/>
God: For they bear not the sword in vain. <hi>It is not therefore by a commis<g ref="char:EOLhyphen"/>sion
or a command from the Church that they punish Schismatics, but</hi> [con<g ref="char:EOLhyphen"/>stituunt
adversus vos pro sua sollicitudine ac potestate quod volunt] they
decree what they please against them according to their own care and their own
power.</p>
                     <p>So that when it is said that Princes are to govern their Churches by
the consent and advice of their Bishops,<note place="margin">6.</note> it is meant not <hi>de jure stricto,</hi> but
<hi>de bono &amp; laudabili:</hi> It is fit that they doe so, it is the way of Christs or<g ref="char:EOLhyphen"/>dinary
appointment; <hi>He that heareth you heareth me:</hi> and to them a command
is given,<note place="margin">lib. 5. Epist. 32.</note> 
                        <hi>to feed</hi> all <hi>the flock of Christ.</hi> In pursuance of which it was a fa<g ref="char:EOLhyphen"/>mous
rescript of <hi>Valentinian</hi> the first, cited by S. <hi>Ambrose, In causa fidei
vel Ecclesiastici alicujus ordinis eum judicare debere qui nec munere impar sit,
nec jure dissimilis.</hi> These are the words of the rescript: that is, he would that
Bishops should judge of Bishops; and that in causes of faith or the Church
their ministery should be us'd, whose persons by reason of the like imploy<g ref="char:EOLhyphen"/>ment
were most competent to be put in delegation. But to the same pur<g ref="char:EOLhyphen"/>pose
more of these favourable Edicts were made in behalf of the Church
by <hi>Theodosius</hi> and <hi>Valentinian</hi> the second,<note place="margin">lib. 1. Cod. Theod. de re<g ref="char:EOLhyphen"/>lig. Novel. Valen. de Episc. Jud. l. graviter. ibid. Novel. 89.</note> by <hi>Arcadius, Honorius</hi> and <hi>Justi<g ref="char:EOLhyphen"/>nian:</hi>
and indeed besides that it is reasonable in all cases, it is necessary in
very many; because Bishops and Priests are the most knowing in spiritual
affaires, and therefore most fit to be counsellors to the Prince, who often<g ref="char:EOLhyphen"/>times
hath no great skill, though he have supreme authority. I remem<g ref="char:EOLhyphen"/>ber
that when <hi>Gellius</hi> the Praetor was sent Proconsul into <hi>Greece,</hi>
                        <note place="margin">Cicer. lib. 1. de leg.</note> he observ'd
that the Scholars at <hi>Athens</hi> did perpetually wrangle and erect schools against
schools, and divided their philosophy into Sects; and therefore sending for
them, persuaded them to live quietly and peaceably, and to put their que<g ref="char:EOLhyphen"/>stions
to reference or umpirage, and in it offerr'd his own assistance: but
the Scholars laught at his confident offer to be a moderator in things he un<g ref="char:EOLhyphen"/>derstood
no more then his spurres did. He might have made them keep
the peace, and at the same time make use of their wit and his own autho<g ref="char:EOLhyphen"/>rity.
And although there may happen a case in which Princes may, and a
case in which they must refuse to confirm the synodical decrees, sentences
and judgements of Ecclesiastics: yet unlesse they doe with great reason
&amp; upon competent necessity, they cannot doe it without great scandal, and
sometimes great impiety. But of this I shall discourse in the next Chapter.
For the present, I was to assert the rights of Princes, and to establish the
proper foundation of humane laws; that the Conscience may build upon a
rock, and not trust to that which stands upon sand, and trust to nothing.</p>
                     <p>I have been the larger upon these things because the adversaries are
great and many,<note place="margin">7.</note> and the pretences and the challenges high, and their oppo<g ref="char:EOLhyphen"/>sition
great and intricate, and their affrightments large; for they use some<g ref="char:EOLhyphen"/>thing
to perswade and something to scare the conscience. Such is that bold
saying of Pope <hi>Leo</hi> the x<hi rend="sup">th</hi>,<note place="margin">Concil. Later<g ref="char:EOLhyphen"/>sub Leon. 1.</note> 
                        <hi>A jure tam Divino quam humano laicis potestas
nulla in Ecclesiasticas personas attributa est, Both by Divine and humane laws
Ecclesiastics are free from all secular power.</hi> But fierce and terrible are the
words of the Extravagant <hi>Unam sanctam. Porro subesse Romano Pontifici
omnem humanam creaturam declaramus, dicimus, definimus &amp; pronuncia<g ref="char:EOLhyphen"/>mus
omnino esse de necessitate salutis, That every man should be subject to
the Bishop of Rome, we define, we say, we declare and pronounce to be alto<g ref="char:EOLhyphen"/>gether
necessary to salvation.</hi> This indeed is high; but how vain withal
<pb n="211" facs="tcp:58903:416"/>
and trifling and unreasonable I have sufficiently evidenc'd. So that now
the conscience may firmly rely upon the foundation of humane laws, and
by them she is to be conducted not onely in Civil affaires, but in Ecclesiasti<g ref="char:EOLhyphen"/>cal,
that is, in religion as well as justice: and there is nothing that can pre<g ref="char:EOLhyphen"/>judice
their authority, unlesse they decree against a law of God; of which
because Ecclesiastical persons are the preachers and expositors by ordinary
Divine appointment, Princes must hear Bishops, and Bishops must obey
Princes: or because <hi>audire &amp; obaudire</hi> to <hi>hear</hi> and to <hi>obey</hi> have great affini<g ref="char:EOLhyphen"/>ty,
I chuse to end this with the expression of Abbot <hi>Berengar</hi> almost 1100
years agoe,<note place="margin">lib. de Myster. sign. in Bib<g ref="char:EOLhyphen"/>lioth. SS. PP.</note> 
                        <hi>Sciendum est quod nec Catholicae fidei nec Christianae contrarium est
legi, si ad honorem regni &amp; sacerdotii Rex Pontifici &amp; Pontifex obediat Regi, It
is neither against the Catholic faith nor the Christian law that the Prince obey
the Bishop, and the Bishop obey the Prince:</hi> the first is an obedience of <hi>piety,</hi>
and the later of <hi>duty;</hi> the one is <hi>justice,</hi> and the other is <hi>religion.</hi>
                     </p>
                  </div>
               </div>
               <div n="4" type="chapter">
                  <head>CHAP. IV. Of the power of the Church in canons and censures, with
their obligations and powers over the conscience.</head>
                  <div n="1" type="rule">
                     <head>RULE I. The whole power which Christ hath left in ordina<g ref="char:EOLhyphen"/>ry
to his Church is merely spiritual.</head>
                     <p>
                        <seg rend="decorInit">T</seg>Hat there are great things spoken by the Doctors of the
Primitive Church of the Ecclesiastical or spiritual power is
every where evident,<note place="margin">1.</note> and that there are many expressions
which prefer it above the secular; all which I shall represent
in stead of others in the words of S. <hi>Chrysostom,</hi> because of
them all he was the most eloquent, and likeliest in the fair<g ref="char:EOLhyphen"/>est
imagery to describe the powers of his Order.<note place="margin">Hom. l. 4. ex verb. Isaiae.</note> 
                        <hi>Others are the limits of the
Kingdome, others of the Priesthood; for this is greater then that: and you must
not estimate it by the purple and the gold. The King hath allotted to him the
things of this world to be administred; but the right of Priesthood descendeth
from above: Whatsoever ye shall bind on earth shall be bound in heaven. To
the King is committed what is here below; to me, that is to the Bishop, things
celestial. The bodies are intrusted to Princes, but the souls to Bishops. The
King remits the guilt of bodies, but the Bishop the guilt of sinnes. The
Prince compels, the Bishop exhorts. He governs by necessity, but we by counsel;
he hath sensible armour, but we spiritual weapons; he wageth warre against the</hi>
Barbarians, <hi>but we against the Devil. Here then is a greater principality.
For which cause the King submits himself to the Priests hand, and every
where in the Old Testament the Priests did anoint Kings.</hi> Where by the way,
<pb n="212" facs="tcp:58903:417"/>
though it be not exactly true that the Kings of <hi>Israel</hi> and <hi>Judah</hi> were al<g ref="char:EOLhyphen"/>ways
anointed by Priests,<note place="margin">2 Kings 9. 4.</note> but sometimes by Prophets who were no Priests,
as in the case of <hi>Jehu</hi> yet supposing all that, the discourse is true enough,
and the spiritual power in relation to a nobler object is in that regard bet<g ref="char:EOLhyphen"/>ter
then the temporal; and therefore is in spiritual account in order to a spi<g ref="char:EOLhyphen"/>ritual
end above that which serves the lesse excellent. But the effect of
this discourse is, that Kings are subject to Bishops just as the Princes of
<hi>Israel</hi> were to those that anointed them; that is, they came under their
hands for unction, and consecration, and blessing, and counsel, and the rites
of sacrifice. And all this is very true; and this is all that was or could be
intended by S. <hi>Chrysostom,</hi> or those other eminent lights of the Primitive
Church, who set their Order upon a candlestic, and made it illustrious by the
advantage of comparison. The advantages are wholly spiritual, the excel<g ref="char:EOLhyphen"/>lencies
are spiritual, the operations are spiritual, and the effects are spiri<g ref="char:EOLhyphen"/>tual;
the office is spiritual, and so is all the power. But because the persons
of the men in whom this spiritual power is subjected are temporal as well
as Princes, and so are all their civil actions, therefore whatever eminence
they have for their spiritual imployment, it gives them no temporal advan<g ref="char:EOLhyphen"/>tage;
that comes in upon another stock: but for the spiritual it is as much
as it is pretended; but then it is no more.</p>
                     <p>For it is purely spiritual.<note place="margin">2.</note> Where any thing of temporal is mingled
with it, it is not greater in that, but subject to the temporal power. With<g ref="char:EOLhyphen"/>out
this there could never be peace: and where the jurisdiction of two
Courts doe enterfere, there is perpetual wranglings. But God having or<g ref="char:EOLhyphen"/>dain'd
two powers hath made them both best; and yet so that both of them
are inferior: but because it is in differing powers, they both rule in peace,
and both obey with pleasure. How the Ecclesiastic state is subject to the
Civil I have largely accounted: Now I am to describe the eminencies, pow<g ref="char:EOLhyphen"/>ers,
advantages and legislations of the spiritual: concerning which we shall
have the best light if we rightly understand the nature and quality of the
power.</p>
                     <p>
                        <hi>As my Father sent me,</hi>
                        <note place="margin">3.</note> 
                        <hi>so send I you,</hi> said Christ to his Apostles. Now
it is plain how the Father was pleas'd to send his Son; with humility and
miracles, with a low fortune and a great designe, with poverty and pow<g ref="char:EOLhyphen"/>er,
with fulnesse of the spirit and excellency of wisdome. That was the
manner. The end was, the redemption of Man, the conquering of the De<g ref="char:EOLhyphen"/>vil,
the preaching of the Gospel, the foundation of the Church, the instru<g ref="char:EOLhyphen"/>ction
of faith, the baptizing Converts, the reformation of manners, the
extirpation of sinne. This was the intire end, and that was the just man<g ref="char:EOLhyphen"/>ner
in which Christ was sent into the world: And since his Apostles &amp; their
successors were to pursue the same ends and no other, they were furnished
with the same power: and Christ gave them the Holy Ghost, and gave them
commandement and power to <hi>teach all Nations, to baptise them,</hi> to bind and
to loose, to minister his body and his bloud, to exhort and to reprove, to
comfort and to cure, to make spiritual separations of the vile from the
precious. This is the summe of all the Commissions they had from
Christ.</p>
                     <p>This power and these commissions were wholly Ministerial without
domination,<note place="margin">4.</note> 
                        <hi>without proper jurisdiction,</hi> that is, without coaction; it being
<pb n="213" facs="tcp:58903:417"/>
wholly against the designe of the religion, that it should be forc'd; and it
being far remov'd from persons, so dispos'd, so imployed, so instructed to
doe it. And therefore one of the requisites of a Bishop is <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>,
<hi>He must be no striker:</hi> he had no armes put into his hand to that pur<g ref="char:EOLhyphen"/>pose;
the Ecclesiastic state being furnished with authority, but no power,
that is <hi>authoritate suadendi, non jubendi potestate</hi> (that I may use the expres<g ref="char:EOLhyphen"/>sion
in <hi>Tacitus) an authority to persuade</hi> and to rebuke, <hi>but no power to
command,</hi> as the word is us'd in the sense of secular dominion.</p>
                     <p>Concerning which that the thing be rightly understood,<note place="margin">5.</note> we must first
truly understand the word.<note place="margin">in l. 1. in verbo Potest. FF. de jurisdict.</note> 
                        <hi>Accursius</hi> defines Jurisdiction to be <hi>potestatem
de publico introductam cum necessitate juris dicendi &amp; aequitatis statuendae,</hi>
A publick power of doing right and equity. It is <hi>potestas ad jus dicendum,</hi>
so <hi>Muscornus Cyprins,</hi> A power of giving sentence in causes between party
and party. But we shall best understand the meaning of <hi>Jurisdictio</hi> by
that place of <hi>Cicero.</hi>
                        <note place="margin">Orat. in Verrem 4<hi rend="sup">ta</hi>.</note> 
                        <hi>Quid ergo istius in jure dicendo libidinem demonstrem?
Quis vestrum non ex urbana jurisdictione cognovit? Quis unquam isto Prae<g ref="char:EOLhyphen"/>tore
Chelidone invitâ lege agere potuit? Judices citari jubet: jubet citari
Heraclium: citatur reus Sopatrus: Stenium citari jubet: atque ut aliquando
de rebus ab isto cognitis, judicatis, &amp; de judicibus datis desistamus dicere,</hi> &amp;c.
From which words it is plain, that jurisdiction is a power of magistracy to
summon the parties, to hear their cause, and to give sentence. And there<g ref="char:EOLhyphen"/>fore
in <hi>Suetonius</hi> we often find these expressions, <hi>Imperatorem jus dixisse,
cognovisse, judicasse, The Emperor took cognisance, did judge, did give sen<g ref="char:EOLhyphen"/>tence,</hi>
that is, did exercise jurisdiction. Empire is always included under
jurisdiction; and it is divided into a cognition of capital and pecuniary
causes, as appears plainly in the title of the Code <hi>De jurisdictione,</hi> which
handles both causes: and <hi>Asconius Paedianus</hi> in his argument upon the 4<hi rend="sup">th</hi>
action against <hi>Verres</hi> proves expressely that Capital actions are part of ju<g ref="char:EOLhyphen"/>risdiction.
To which purpose is that of <hi>Suctonius</hi> in the life of <hi>Augustus;
Dixit autem jus non diligentiâ modo summâ sed &amp; lenitate,</hi>
                        <note place="margin">Cap. 33.</note> 
                        <hi>siquidem mani<g ref="char:EOLhyphen"/>festi
parricidii reum, ne culleo insueretur, quod non nisi confessi afficiebantur
hâc poenâ,</hi> &amp;c. But of this there is no question. Now of jurisdiction thus un<g ref="char:EOLhyphen"/>derstood,
it is evident that the Ecclesiastic state hath no right derived to
them from Christ, that is, no power to punish any man corporally, or to
compel them to answer in criminal causes; they have no power of the
sword, no restraint upon the body: but having care of souls, which cannot
be govern'd by force, they are to govern as souls can be governed, that is
by arguments and reason, by fear and hope, by preaching of rewards and
punishments, and all the ways of the noblest government, that is, by wis<g ref="char:EOLhyphen"/>dome
and by the ways of God.</p>
                     <p>
                        <hi>This appears in the Apostles description of their own office &amp; power.</hi>
                        <note place="margin">6.</note>
                        <hi>What is</hi> Paul <hi>and what is</hi> Apollo,<note place="margin">1 Cor. 3.</note> 
                        <hi>but</hi> Ministers by whom ye believed? Mini<g ref="char:EOLhyphen"/>sters
of Christ,<note place="margin">2 Cor. 5.</note> stewards of the Mysteries of Christ: to us is committed the
word of reconciliation;<note place="margin">2 Cor. 6.</note> we are Embassadors for Christ;<note place="margin">Act. 26.</note> 
                        <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap> 
                        <hi>we are</hi> not
lords over the flock; <hi>but</hi> as though God did beseech you by us, we pray you in
Christs stead to be reconcil'd to God.<note place="margin">Luke 12.</note> 
                        <hi>Thus Christ set them over the hous<g ref="char:EOLhyphen"/>hold,
not to strike the servants, but</hi> to give them their meat in due season;
<hi>that is, as</hi> Optatus <hi>expresses it, to minister the food of Gods word and Sa<g ref="char:EOLhyphen"/>craments
to the servants of the family.</hi>
                        <note place="margin">lib. 5. contr. Parmen.</note> Nolite vobis majestatis dominium
vindicare; nam si ita est, vindicent sibi &amp; ministri qui m<gap reason="illegible" resp="#TECH" extent="1 letter">
                           <desc>•</desc>
                        </gap>nsae dominicae famu<g ref="char:EOLhyphen"/>lantur,
<pb n="214" facs="tcp:58903:418"/>
ut pro humanitaete exhibita ab invitatis gratulatio eis referatur….Est
ergo in universis servientibus non dominium sed ministerium. <hi>Therefore
esteem not your selves to have any thing but the ministery and service,
nothing of dominion. And indeed we need challenge no more: It is ho<g ref="char:EOLhyphen"/>nour
enough to serve such a Prince, to wait at such a table, to be stewards
of such a family, to minister such food. This service is perfect freedome;
and that is more then can be said of the greatest temporal dominion in the
world.</hi>
                        <note place="margin">Homil. 35. in Matt. apud Chrysost.</note> Principes Ecclesiae fiunt ut serviant minoribus suis, &amp; ministrent
eis quaecunque acceperunt à Christo. <hi>The same with the words of Christ,</hi>
He that is greatest amongst you, let him be your minister. For the honours in
Christian religion at the first look indeed like dignities;<note place="margin">ibid.</note> but indeed they are
not divers honours, but divers services: as it seems to be an honour to the eye
that it enlightens the whole body, but it is not it's honour, but it's ministery; so
it is amongst the Saints; it is not his honour, but his act. And so is the Apostle<g ref="char:EOLhyphen"/>ship
thought to be a great dignity, but it is not so; but it is his ministery. For
So S. <hi>Paul</hi> sayes,<note place="margin">1 Cor. 9.</note> If I preach the Gospel it is no glory to me: for necessity is
laid upon me, and woe is unto me if I doe not preach the Gospel: for if I doe
it willingly, I have a reward; but if unwillingly, there's nothing but a stew<g ref="char:EOLhyphen"/>ardship
intrusted to me. <hi>The consequent of this discourse is this in the
words of the same Father,</hi> Quicunque desiderat primatum in terra inve<g ref="char:EOLhyphen"/>niet
confusionem in coelo, Whosoever desires primacy (<hi>meaning amongst the
Ecclesiastics, and by vertue of their order and office</hi>) upon earth, shall find
confusion in Heaven.</p>
                     <p>But this is most expressely and clearly taught by the Fathers of the
Church.<note place="margin">7.</note> so S. <hi>Gregory Nazianzen,</hi>
                        <note place="margin">in Apologet.</note> 
                        <hi>He that is set over others</hi> (speaking of
Bishops) <hi>laying behind him every sin, must proceed in godlinesse, so that by
the example of his spiritual growth he may draw others unto vertue, especi<g ref="char:EOLhyphen"/>ally
by that form of humility which was deliver'd to us by the Lord. Non
enim oportet vi vel necessitate constringere, sed ratione &amp; vitae exemplis sua<g ref="char:EOLhyphen"/>derc,
For no man is to be constrained by force or by necessity, but persuaded by
reason and good examples.</hi>
                        <note place="margin">in Epitaph. Nepot. Ep. 3.</note> And thus S. <hi>Hierome</hi> distinguishes the Eccle<g ref="char:EOLhyphen"/>siastical
power from the Regal. <hi>Ille nolentibus praeest, hic volentibus: ille
terrore subjicit, hic servituti donatur: ille corpora custodit ad mortem, hic
animas servat ad vitam.</hi> The King <hi>governs whither men will or no,</hi> the
Bishop <hi>none but the willing. He subdues them by terror, but the Bishop is but
the servant of the peoples souls. The King keeps bodies reserv'd for death,
but the Bishop takes care of souls that they may live eternally.</hi> Upon this ac<g ref="char:EOLhyphen"/>count
S. <hi>Chrysostom</hi> considers the great difficulty there is in the discharge of
the Episcopal office,<note place="margin">Homil. 3. in Acta Apost.</note> and affirms it to be more troublesome then that of
Kings; as much as the rage of the sea in a tempest is greater then the cur<g ref="char:EOLhyphen"/>lings
of a troubled River: and he gives this reason for it, <hi>Quoniam illic
plures sunt qui adjuvant, eo quod ligibus ac mandatis omnia peraguntur: hic
verò nihil tale, neque enim licet ex authoritate praecipere, Because there are
more helpers</hi> in the secular government; <hi>for all things are transacted by laws
and by commandements: but here</hi> (meaning in the Ecclesiastic state) <hi>there is
no such thing; for</hi> it is lawfull, but <hi>we have no authority to command any
thing.</hi> For<note n="*" place="margin">Homil. 3. in Tit. Hom. 3. in Acta.</note> 
                        <hi>In potestate subjectorum est obedire vel non.</hi> They are not
domestics, they are not properly subjects, but <hi>obedientiam habentes in sua
ipsorum potestate, they have their obedience in their own power:</hi> they may if
they will, and they shall have a good reward; but if they will not, they
may chuse. For with this power and upon these termes <hi>the Holy Ghost hath
<pb n="215" facs="tcp:58903:418"/>
made them overseers, to feed,</hi> not to rule, <hi>the Church of God,</hi> that is, not to
rule by Empire, but by persuasion. And this is intimated by the Epistle to
the Hebrew<gap reason="illegible" resp="#TECH" extent="1 letter">
                           <desc>•</desc>
                        </gap>s <hi>Obey them that are set over you,</hi>
                        <note place="margin">Hebt. 13. 17.</note> 
                        <hi>and submit your selves; for
they watch for your souls: that they may doe it with joy, not with grief; for
that is unprofitable for you.</hi> That is, Submit your selves to your spiritual
Rulers cheerfully and willingly: if you doe not, they can have no comfort
in their ministery; it will grieve them to find you refractary, and you will
be the loosers by it, for their grief will doe you no profit. Now if these
Rulers had a power of coercion, he could quickly make them willing, and
the <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap> the anguish would fall upon the disobedient. The same pre<g ref="char:EOLhyphen"/>cept
is in the Epistle to the <hi>Thessalonians,</hi> where the words doe themselves
expound the nature of the government,<note place="margin">1 Thess. 5. 12.</note> 
                        <hi>We beseech you, brethren, to know
them which labour amongst you and are over you in the Lord, and admonish
you, and to esteem them very high in love for their works sake.</hi> And imme<g ref="char:EOLhyphen"/>diately
after he calls them <hi>in partem sollicitudinis,</hi> into a participation of
this rule,<note place="margin">v. 14.</note> 
                        <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>, <hi>We beseech you, brethren, to admonish,</hi> or to
warne, to reprove <hi>them that are unruly.</hi> That is, you must help us in our
government: we are over you to admonish you, but you must admonish
one another: that will help our work forward when you are willing. But
<hi>they which are over you</hi> must be highly esteemed, not for their dignity, but
for their works sake, not in fear, but <hi>in love;</hi> for they are over you not by
Empire, but by discourses, not by laws, but by exhortation. And cer<g ref="char:EOLhyphen"/>tainly
this is the best government in the world; that the people of God
<hi>sit populus voluntarius</hi> should serve God with reason and choice, with love
and pleasure and eternity of satisfaction. And this is observed also by S.
<hi>Chrysostom. The Princes of this world</hi> (saith he) <hi>are so much inferior to this
spiritual power, by how much it is better to rule over the wills of men then
over their bodies:</hi> and that's the state of Ecclesiastical government, concer<g ref="char:EOLhyphen"/>ning
which who please to see much more, may with pleasure read it in S.
<hi>Chrysostom</hi> in his first Homily upon the Epistle to <hi>Titus,</hi> and the 11<hi rend="sup">th</hi> Ho<g ref="char:EOLhyphen"/>mily
upon the Epistle to the <hi>Ephesians,</hi> and in his second book <hi>of Priest<g ref="char:EOLhyphen"/>hood.</hi>
                     </p>
                     <p>Now against this it will not be sufficient to oppose any precedents of
government under the Old Testament.<note place="margin">8.</note> He there that did not obey the
word of the High Priest was to die the death;<note place="margin">Deuter. 17. 8.</note> for they had <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>,
a true proper formal jurisdiction given them by God: and
when <hi>Moses</hi> sate in judgement, <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>, saith <hi>Philo,</hi> the Priests were
his assessors; and <hi>Judaeis sacerdotii honos firmamentum potentiae erat, the
honour of the Jewish priesthood was a great establishment to the power of the
Nation,</hi> saith <hi>Tacitus.</hi> For the Priest were <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap> 
                        <hi>Bishops,</hi> and Judges of
controversies, and by the law appointed to inflict punishment upon crimi<g ref="char:EOLhyphen"/>nals,
said <hi>Josephus.</hi>
                        <note place="margin">contr. Appi<gap reason="illegible" resp="#TECH" extent="2 letters">
                              <desc>••</desc>
                           </gap>. l. 11. c. 6.</note> But in the Gospel there was no such thing. The
Jewish excommunications were acts of power and a mixt Empire; ours are
securities to the sound part, and cautions against offenders. Their preach<g ref="char:EOLhyphen"/>ings
were decrees sometimes; ours can be but exhortations and arguments to
persuade and invite consent.</p>
                     <p>But neither can it be denied but that the Apostles did sometimes acti<g ref="char:EOLhyphen"/>ons
of a delegate jurisdiction.<note place="margin">9.</note> Thus S. <hi>Peter</hi> gave sentence of death against
<hi>Ananias</hi> and <hi>Sapphira;</hi> S. <hi>Paul</hi> inflicted blindnesse upon <hi>Elymas</hi> the Sorce<g ref="char:EOLhyphen"/>rer,
and deliver'd <hi>Hymenaus</hi> and <hi>Alexander</hi> and the incestuous <hi>Corinthian</hi>
                        <pb n="216" facs="tcp:58903:419"/>
to be buffeted by Satan; and S. <hi>John</hi> threatned to doe the like to <hi>Di<gap reason="illegible" resp="#TECH" extent="1 letter">
                              <desc>•</desc>
                           </gap>
                           <g ref="char:EOLhyphen"/>trephes.</hi>
That this was extraordinary appears by the manners of animad<g ref="char:EOLhyphen"/>version,
which were by miracle and immediate Divine judgment; for
those which were delivered to Satan were given up to be corporally tor<g ref="char:EOLhyphen"/>mented
by some grievous sicknesse or violence of an evil spirit, as<note n="a" place="margin">1 Corinth. homil. 15.</note> S. <hi>Chry<g ref="char:EOLhyphen"/>sostom,</hi>
                        <note n="b" place="margin">de Poenit. l. 1. c. 17. S. August. contr. Epist. Parmen. l. 3. c. 1.</note>
S. <hi>Ambrose,</hi> S. <hi>Hierom,</hi> and divers others of the Fathers doe af<g ref="char:EOLhyphen"/>firm.
But therefore this was an act of Divine jurisdiction, not of Aposto<g ref="char:EOLhyphen"/>lical:
It was a miraculous verification of their Divine mission, seldome
us'd, not by ordinary emission of power, but by an extraordinary spirit:
for so S. <hi>Paul</hi> threatned some criminals in the Church of <hi>Corinth,</hi>
                        <note place="margin">2 Cor. 13. 2.</note> that if
he did come <hi>he would not spare them:</hi> but it was because they made it ne<g ref="char:EOLhyphen"/>cessary
by their undervaluing of his person and ministery. Since ye doe so,
since ye doe look for a signe and proof of Christ speaking in me, you shall
have it. It is not S. <hi>Pauls</hi> ordinary power, nor his own extraordinary, but
<gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap> an experiment of Christ's power, who was pleas'd to minister
it by S. <hi>Paul,</hi> as well as by any other Apostle: something like those words
of our Blessed Saviour, <hi>An evil and adulterous generation seeketh after a
signe; and the signe of the Prophet Jonas shall be given them.</hi> But then
there was great necessity, and some prodigious examples were to be made
to produce the fear of God and the reverence of religion, that the mean<g ref="char:EOLhyphen"/>nesse
and poverty of the Ministers might not expose the institution to con<g ref="char:EOLhyphen"/>tempt:
and because the religion was destitute of all temporal coercion, and
the Civil power put on armor not for it but against it, therefore God took
the matter into his own hand, and by judgments from heaven verified the
preachings Apostolical. Thus when the <hi>Corinthians</hi> did use the Lord's
Supper unworthily God punished them with sicknesse and with death,<note place="margin">1 Cor. 11. 30.</note> as
the Apostle himself tells them: for to denounce them after and to pro<g ref="char:EOLhyphen"/>nounce
them before were equal actions of ministery, but equally no parts of
jurisdiction. This way continued in the Church, though in very infre<g ref="char:EOLhyphen"/>quent
examples, till the Emperors became Christians, and by laws and tem<g ref="char:EOLhyphen"/>poral
coercions came to second the word of Ecclesiastical Ministery. For
S. <hi>Cyprian</hi> tells of some persons who being afflicted with evil spirits were
cur'd at their baptisme, who afterwards upon their apostasy from the faith
were afflicted again, and again fell into the power of the Devil:<note place="margin">Epist. 75.</note> 
                        <hi>Recedente
siquidem disciplina recessit &amp; gratia;</hi> when they forsook Christ, himself
took the matter into his own hand, and was not wanting by an act of his
own jurisdiction to declare that he was their Lord, and would be honour'd
by them or upon them.</p>
                     <p>And this was <hi>the rod</hi> that S. <hi>Paul</hi> threatned to the Schismatical <hi>Corin<g ref="char:EOLhyphen"/>thians;</hi>
                        <note place="margin">10.</note>
not any emanation of the ordinary power of ministery, but a mira<g ref="char:EOLhyphen"/>culous
consignation of it: for these things (as S. <hi>Chrysostom</hi> observes) S.
<hi>Paul</hi> calls <hi>signa Apostolatus mei,</hi>
                        <note place="margin">2 Cor. 12. 12. Homil. 14. in 1 Cor. Homil. 29. in 2 Cor. Homil. 5. in 1 Tim.</note> 
                        <hi>the signes of his Apostleship</hi> wrought among
them in signes and miracles and powers: this was effected in healing the
sick, and in striking the refractary with the rod of God; in giving fight to
the blind, and making them blind that would not see; in raising the dead to
life, and causing them to die that would not live the life of righteousnesse.
But this was not done <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>, not <hi>by any power of their own,</hi> but by
that power to which they onely ministred, by the power of Christ who
(blessed be his holy Name for it) keeps this power onely in his own hands.
In these their power was no more a power of jurisdiction then <hi>Elias</hi> had,
who, as S. <hi>James</hi> said, <hi>prayed that it might</hi> and <hi>prayed that it might not rain;</hi>
                        <pb n="217" facs="tcp:58903:419"/>
and call'd for fire from heaven. And just so the Apostles being mov'd by
an extraordinary spirit did, when the spirit saw cause, minister to the Divine
judgment. But that was not their work; they were sent of another errand,
and were intrusted with other powers.</p>
                     <p>But after all this,<note place="margin">11.</note> it is certain that there were in the Church some
images and similitudes of jurisdiction in their spiritual government. The
soul is not, cannot be, properly subject to any jurisdiction but that of God.
For jurisdiction is the effect of legislation, and is in the <hi>mixt Empire</hi> as the
other is in the <hi>mere.</hi> Now none can give laws to souls but God; he onely
is Lord of wills and understandings; and therefore none can give judgment
or restraint to souls but God. But as by <hi>preaching</hi> the Ecclesiastic state does
imitate the legislation of God; so by the power of the Keyes she does imi<g ref="char:EOLhyphen"/>tate
his jurisdiction. For it is to be observed that by the Sermons of the
Gospel the Ecclesiastics give laws to the Church, that is, they declare the
laws of God; and by the use of the Keyes they also declare the Divine
jurisdiction: for as the Church can make no law of Divine worship or Di<g ref="char:EOLhyphen"/>vine
propositions, of faith or manners, but what she hath received from
Christ and his Apostles; so neither can she exercise any judgment but the
judgment of God. To that she ministers by threatnings and denunciati<g ref="char:EOLhyphen"/>ons,
by comforts and absolutions, as she ministers to the legislative of God
by preaching and publishing, by exhortation and <hi>command.</hi>
                     </p>
                     <p>For there is an Empire in preaching;<note place="margin">12.</note> there is a power of Command
which the Bishops and Ministers of the Church of God must exercise. To
this purpose S. <hi>Chrysostom</hi> discourses excellently,<note place="margin">Homil. 13. in 2 Tim.</note> 
                        <hi>There are some things which
need teaching, some which need commanding: if therefore you invert the or<g ref="char:EOLhyphen"/>der,
and had rather command where it is necessary for you to teach, you are ri<g ref="char:EOLhyphen"/>diculous;
and as bad if you goe about to teach where you rather should com<g ref="char:EOLhyphen"/>mand.
That men should doe no evil, you need not teach, but to forbid it with
the force of a great authority: and so you must command them that they should
not give heed to Jewish fables: But if you would have them give their goods
to the poor, or keep their virgin, here you have need of doctrine and exhorta<g ref="char:EOLhyphen"/>tion.
Therefore the Apostle said both, Command and teach…..Thus you see
that a Bishop must not onely teach, but sometimes it is necessary that he should
command.</hi> * But then this being a doctrinal precept, or commanding by
the force of a clear and confessed doctrine, hath in it no other Empire
but that it is a Commanding in the Name of God, and means this onely,
that some things are so clear and obvious, so necessary and confess'd, that he
who neglects them is condemn'd by himself; he need not be taught, but
onely commanded to doe his duty: but if he will not, God, who gave him
the law, hath also jurisdiction over him: and to this also the Church does
minister; for the Bishop commands him in Gods Name, and if he will not,
he can punish him in Gods Name, that is, he can denounce Gods judg<g ref="char:EOLhyphen"/>ments
against him; and that's our ministerial jurisdiction: he can declare
him to be out of the way of salvation, and unworthy to receive the holy
mysteries and pledges of salvation. This is our coercion.</p>
                     <p>But the use of the Keyes does differ from proper jurisdiction in this
great thing,<note place="margin">13.</note> That if the Keyes be rightly us'd they doe bind or loose
respectively; but if they erre, they doe nothing upon the subject, they
neither bind nor loose. Now in proper jurisdiction it is otherwise: for,
right or wrong, if a man be condemn'd he shall die for it; and if he be
<pb n="218" facs="tcp:58903:420"/>
hang'd he is hang'd. But the Church gives nothing but the sentence of
God, and tells upon what termes God will or will not pardon. If the Priest
minister rightly and judge according to the will and laws of God, the sub<g ref="char:EOLhyphen"/>ject
shall find that sentence made good in heaven by the real events of the
other world, which the Priest pronounces here upon earth. But if the
Priest be deceived, he is deceiv'd for himself and for no body else; he alters
nothing of the state of the soul by his quick absolution, or his unreasona<g ref="char:EOLhyphen"/>ble
binding. For it is not true here which the Lawyers say of humane Ju<g ref="char:EOLhyphen"/>risdictions,
<hi>Quod Judex errans pronunciavit, ob authoritatem jus dicentis
transit in rem judicatam.</hi> The Priest hath no such authority, though the
Civil power have. The error of the Judge does not make the sentence in<g ref="char:EOLhyphen"/>valid;
his authority prevails above his error: but in the other it is the
case of souls, and therefore is conducted by God onely as to all real and
material events, and depends not upon the weaknesse and fallibilities of
men. And therefore the power of remitting sins given to the Church, is
nothing but an authority to minister that pardon which God gives by Je<g ref="char:EOLhyphen"/>sus
Christ. The <hi>Church pardons sins as the Levitical Priest did cleanse the
lepers,</hi> said S. <hi>Hierom;</hi> that is, he did discern whether they were clean or
no, and so restor'd them to the congregation: but <hi>apud Deum non sententia
Sacerdotum, sed reorum vita quaeritur, God regards not the sentence of the
Priest, but the life of the penitent.</hi> For <hi>the Priest, aliquid est ad ministran<g ref="char:EOLhyphen"/>dum
ac dispensandum verbum ac sacramenta, ad mundandum autem &amp; justi<g ref="char:EOLhyphen"/>ficandum
non est aliquid; is something as to the ministery and dispensation of
the word and sacraments, but nothing as to the purifying and justification of
a sinner: for none works that in the inward man but he who created the whole
man.</hi> They are the words of S. <hi>Austin.</hi> This therefore is but <hi>verbum re<g ref="char:EOLhyphen"/>conciliationis;
the word of reconcilation is intrusted to us:</hi> but we properly
give no pardon, and therefore inflict no punishment.</p>
                     <p>Indeed the power of the Keyes is by a Metaphor chang'd into a sword,<note place="margin">14.</note>
and S. <hi>Pauls</hi> wish [<hi>I would they were even cut off that trouble you</hi>] seems to
be the warrant; and by excommunications evil persons are cut off from the
congregation of the Lord. And it is true that the Ecclesiastical authori<g ref="char:EOLhyphen"/>ty
is a power of jurisdiction, just as Excommunication is a sword. But so
is the word of God, <hi>sharper then a two edged sword;</hi> and so is a severe re<g ref="char:EOLhyphen"/>proof,
it cuts to teh bone. <hi>Nec censorium stylum, cujus mucronem multis
remediis majores nostri retuderunt, aeque posthac atque illum gladium Dicta<g ref="char:EOLhyphen"/>torium
pertimescamus,</hi>
                        <note place="margin">Orat. pro Cluentio.</note> said <hi>Cicero.</hi> The Censors tongue was a sword, but
our Ancestors sometimes did not feel it smart; and we fear it not so much
as the sword of the <hi>Dictators.</hi> But how little there is of proper jurisdi<g ref="char:EOLhyphen"/>ction
in Excommunication we can demonstrate but by too good an argu<g ref="char:EOLhyphen"/>ment.
For suppose <hi>Julian</hi> robbing of a Church, striking the Bishop, dis<g ref="char:EOLhyphen"/>gracing
the religion, doing any thing for which he is <hi>ipso facto</hi> excommu<g ref="char:EOLhyphen"/>nicate:
tell him of the penalty he incurs, cite him before the Bishop, de<g ref="char:EOLhyphen"/>nounce
it in the Church; what have you done to him that shall compel him
to doe his duty? Suppose he will not stay from the Church, that he will goe
to another, to a strange country, or that he despises all this. Have you made
him afraid? have you troubled him? have you griev'd him? have you done
that which shall make him doe so no more? But <hi>Julian</hi> was about to re<g ref="char:EOLhyphen"/>nounce
Christianity, and thinks it all a Fable. Or suppose lesse then that:
suppose a man that keeps a concubine, and knowing that he sins, and yet
resolves not to quit the sin, he abstains from the communion and the pub<g ref="char:EOLhyphen"/>lick
<pb n="219" facs="tcp:58903:420"/>
service of the Church; if the Bishop admonishes him to leave the
partner of his sin, how if he will not? By what compulsory can the Ec<g ref="char:EOLhyphen"/>clesiastic
state enforce him? If you threaten to drive him from the Com<g ref="char:EOLhyphen"/>munion,
he hath prevented you; he never comes at it. If from prayers,
you doe him a kindnesse; for he loves them not. If from Sermons, then
he will enjoy his lust without controlment. What can the Church doe in
this case? But suppose yet once more, that a violent hand shall pull down
the whole Episcopal order, what shall the Church doe then? will she ex<g ref="char:EOLhyphen"/>communicate
the men that doe it? They say the order it self is Antichri<g ref="char:EOLhyphen"/>stian;
and can they fear to be excommunicated by them? And who fears to
be excommunicated by the Presbytery that believes them to be a dead
hand and can effect nothing? And in the summe of affaires, onely the
obstinate and the incorrigible are to be proceeded against by that extreme
remedy. And to them who need that extreme it is no remedy: for they
that need it, care not for it: &amp; what compulsion then can this be? If it be any
thing really effective, let it be persuaded to them that shall deserve it; for it
must work wholly by opinion, and can affright them onely who are taught
to be afraid of it. It can onely doe effort upon them who are willing to be
good in the way of the Church: for it is a spiritual punishment; and there<g ref="char:EOLhyphen"/>fore
operates onely upon the spirit, that is upon the will and understand<g ref="char:EOLhyphen"/>ing,
which can have no coercion: so that in effect it compels them who are
willing to be compell'd, that is, it does not compel at all, and therefore is but
improperly an act of Jurisdiction.</p>
                     <p>For that which the Ecclesiastics can doe,<note place="margin">15.</note> is a suspension of their own
act, not any power over the actions of other men: and therefore is but an
use of their own liberty, not an exercise of jurisdiction. He does the same
thing in Sacraments as he does in preaching: In both he declares the guilty
person to be out of the way to heaven, to be obnoxious to the Divine an<g ref="char:EOLhyphen"/>ger,
to be a debtor of repentance; and refusing to baptize an evil Catechu<g ref="char:EOLhyphen"/>men,
or to communicate an ill-living Christian, does but say the same
thing: he speaks in one by signes, and in the other he signifies by words.
If he denies to give him the Holy Communion, he tels him he is not in the
state of grace and the Divine favour, he tels him that he hath no commu<g ref="char:EOLhyphen"/>nion
with Christ; and therefore by denying the Symbols sayes that truth
which by his Sermons he publishes. All the effect and real event is pro<g ref="char:EOLhyphen"/>duc'd
by the sin of the man; and the Minister of religion tells him as God's
messenger what he hath done to himself, and what will come upon him
from God. This is <hi>judicium, non jurisdictio, a judging, not a jurisdiction;</hi>
a judging a man worthy or unworthy; which does not suppose a superiority
of jurisdiction, but equals doe it to their equals, though in this the Clergy
hath a superiority, and an authority from God to doe so.</p>
                     <p>Adde to this,<note place="margin">16.</note> that the other effects of Excommunication are not any
force or impression upon the Delinquent, but are the caution and duty of
the Church, or <hi>sanior pars</hi> of them that are innocent; for it is a command
to them to abstain from the society of the criminal: for to him it is no di<g ref="char:EOLhyphen"/>rect
obligation; indirectly it is, as I have already affirm'd and shall after<g ref="char:EOLhyphen"/>wards
discourse.</p>
                     <p>This discourse cannot lessen the power and authority of the Church;<note place="margin">17.</note>
it onely explicates the nature of it, because it is useful to many cases of
<pb n="220" facs="tcp:58903:421"/>
conscience, and does rightly establish the foundation of this great measure
of conscience, [Ecclesiastical laws] and it addes grandeur to it. For it is
in the Ecclesiastical government as it was in the Judaical before they had a
King. They had no King of their own, but God was their King; and he
did exercise Jurisdiction, and appointed Judges over them, and wrought
miracles for their punishment or their escape respectively: and so it is in
the Church; Christ our head keeps the spiritual regality and the jurisdi<g ref="char:EOLhyphen"/>ction
in his own hands, but sends us to minister it according to his laws;
which if we doe, they who are found criminals cannot indeed be smitten
by us, but they shall be smitten by God: and therefore Christ said the same
thing to his Missionaries as God did to <hi>Samuel, They have not rejected thee,
but me,</hi> said God; and, <hi>He that despiseth you, despiseth me,</hi> said Christ. And
now, although Kings have the sword in their own hand, and can smite the
disobedient; yet we cannot: but God will smite them that are disobedient to
the Church: and that's worse for them that feel it, and better for them that
are but threatned; for it is true, that by repentance they may escape that
which is threatned by the Church, which in the Common-wealth they can<g ref="char:EOLhyphen"/>not:
but these that feel it are in a worse condition; for <hi>it is a fearfull
thing to fall into the hands of the living God;</hi> and, <hi>who can dwell with the
Everlasting burnings? For our God is a consuming fire.</hi>
                     </p>
                  </div>
                  <div n="2" type="rule">
                     <head>RULE II. The Church hath power to make laws and to give
Commands obliging the conscience, that is, tying
the subjects to obedience under the penalty of
committing sin, or of incurring the Divine dis<g ref="char:EOLhyphen"/>pleasure.</head>
                     <p>BY the Church it is certain I must first mean the Church Catholick,<note place="margin">1.</note> or
all the Governours of the Christian assemblies in the world: because if
it be in a part it is in the whole; and if it be neither in a part nor in the
whole, it is no where. But yet because the whole Catholick Church, that
is, all the Governours of Churches (for if we speak of the Church making
laws, we must mean the governing part of the Church) did never meet
since the days of the Apostles, who being few and united and absolute
and supreme could then doe what could never be done since: it is necessary
for the reducing this Rule to practise, that the legislation and the power of
commanding be subjected in some more particular subject; and therefore I
shall instance in the least. By the Church, I mean every particular Church
joyn'd to the head of Union; and by the particular Church, I mean the An<g ref="char:EOLhyphen"/>gel
of that Church,<note place="margin">Epist. ad Flo<g ref="char:EOLhyphen"/>rent. Pupian. lib. 4. ep. 9.</note> 
                        <hi>the Bishop;</hi> according to that saying of S. <hi>Cyprian, Scire
debes Episcopum in Ecclesia esse, &amp; Ecclesiam in Episcopo, The Bishop is in
the Church, and the Church in the Bishop:</hi> that is, he is in the Church as the
head is part of the body, and the Church is in him as in their representative,
and all their power is ministred by his hand, and their interest promoted
by him; and he is the hand of God and the hand of the people; this lifted
up, and that let down; this in the ministery of prayers, and that in the mi<g ref="char:EOLhyphen"/>nistery
<pb n="221" facs="tcp:58903:421"/>
of blessings.<note place="margin">Homil. 61. in Matth.</note> And therefore S. <hi>Chrysostome</hi> expounding those
words of Christ, <hi>Tell it unto the Church,</hi> says that they mean, tell it to
the Bishop of the Church, who is to minister food and Discipline to the
congregation.</p>
                     <p>Now all the power of commanding and making Ecclesiastical laws,<note place="margin">2.</note>
that is, laws of Religion, is wholly in the Pastors and Bishops in the
supreme order of Ecclesiastics. If there be two orders of Divine institu<g ref="char:EOLhyphen"/>tion,
it is certain that one is the superior; and therefore one onely is to
rule in eminency, and the other can rule but in minority and substitution:
and that which is appointed to rule is the superior. Now the case then is
clear as to the present purpose: the Presbyters were under Bishops, and
might be accused before them and rebuk'd by them; we see it plain in the
case of <hi>Timothy</hi> and <hi>Titus,</hi> to whom S. <hi>Paul</hi> gave rules of Court, and
measures of taking cognisance of causes brought before them. There
was plainly the judging order and the judged: The Elders or Presbyters
were judged; over them were Overseers plac'd. <hi>Par in parem potestatem
non habet.</hi> Since therefore a judicatory was plac'd in the Church, though
it was a spiritual onely and without temporal coercion, yet it had a just au<g ref="char:EOLhyphen"/>thority;
and therefore must suppose a distinction in the Clergy of superior
and inferior. Now because there can be no union political without govern<g ref="char:EOLhyphen"/>ment,
and the government which was appointed was that of the <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>
                        <hi>the ruling Clergy,</hi> it follows that the Bishop being the head of spiri<g ref="char:EOLhyphen"/>tual
union in the first institution of the Church, every society of Christi<g ref="char:EOLhyphen"/>ans
is reckoned one by the unity of the Bishop; and therefore that society
of a Bishop and his parish is the least indeed, but it is a Christian Common-wealth.
Now the practice Apostolical and Primitive administring this
power by one and one in every Church, where there were many Presby<g ref="char:EOLhyphen"/>ters,
it must be evident that he who was superior to the Presbyters was to
rule in every congregation; and because there was none superior to him by
Divine or Apostolical appointment, all the legislative or commanding
power in the Church is founded in the Episcopal order, and therefore that
one Bishop hath in his own charge a legislative or power of command; and
therefore much more when many Bishops meet together. A Diocese is
the least circuit of government, but it is an intire body subject to distinct
commands; that is, every Diocese hath one set over them in the Lord,
to whom the people are by the commands of Jesus Christ tied to give obe<g ref="char:EOLhyphen"/>dience.</p>
                     <p>Whether the Diocese be little or great,<note place="margin">3.</note> allowed or disallowed, in
City or in Country, divided into parishes or not divided, under Metropo<g ref="char:EOLhyphen"/>litans
or not under, of many Churches or but one, it matters not: where
there is a Bishop and a congregation there is a Diocese, and there is a power
of commanding and a necessity of obeying, <hi>intra limites disciplina,</hi> within
that pale in which they have warranty and power to govern and to give
commandements. As for parishes in the late sense of the word, that is,
the charge of a single Presbyter, it is no body politic of Apostolical or Di<g ref="char:EOLhyphen"/>vine
appointment: for the Presbyters were called <hi>in partem sollicitudinis</hi>
into the help of the Ministery; but they had no cure of souls, save onely
by delegation &amp; special and temporary appointment, for some whole ages in
the Church: and therefore the Governing and the Commanding Autho<g ref="char:EOLhyphen"/>rity
cannot be extended to Parishes and to their Curates which are of late
<pb n="222" facs="tcp:58903:422"/>
date, and received no power from Christ but that of Ministery, which is
also conveyed by the Bishops hands. But then because above the Bishop
there is no appointment in the whole religion, it is necessary that the legis<g ref="char:EOLhyphen"/>lative
be established in him: if we goe higher we can never come to a society
of Apostolical or Divine institution in the Church, because between the
whole Catholick Church, either in diffusion or representation, and a single
Diocese, all the intermedial unions, as of Metropolitans, Primates, Patri<g ref="char:EOLhyphen"/>archs,
Councils Provincial or Oecumenical, are by consent and positive and
humane institution, but they directly estabish no Divine Government.
This onely is properly such. And though this can suffer alteration as to the
administration of it, yet the proper seat of the authority is the Bishop, by
virtue of his order. Whether the Bishop of <hi>Rome</hi> receiv'd the power into
himself alone, and so conveyes it to all other Bishops, is not material to our
present inquiry; for that is a question of the manner of receiving it, not
of the power when it is receiv'd. I shall in order to other purposes discover
the unreasonablenesse of that fond pretence and novelty. But that which I
say is, that those persons who by Christs appointment <hi>to</hi> or <hi>by</hi> the Apostles
were authoris'd to govern the Church, are the heads of Christian societies,
and every such society is a distinct government; and that this cannot be the
division of parishes, because that division was later then the authority: and
though this be true also of Dioceses as they are now divided, yet that di<g ref="char:EOLhyphen"/>vision
being but accidental to the charge, and the charge being an appoin<g ref="char:EOLhyphen"/>ted
relation, that which is accidental and superinduc'd cannot prejudice
the nature and institution of it, but that a Bishop and his charge more or
lesse is an intire society or Common-wealth, as much as the thing can be;
that is, according to the nature and capacity of the subject matter, it is
an intire government, and Prelate and people make the parts of the inte<g ref="char:EOLhyphen"/>gral
constitution.</p>
                     <p>To the verification therefore of the power thus subjected,<note place="margin">4.</note> all those
titles of eminency and superior office recorded in Scripture doe aptly mi<g ref="char:EOLhyphen"/>nister:
as that they are called Pastors, and Rulers, and <hi>Praepositi,</hi> and <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>
                        <hi>Bishops</hi> or <hi>Overseers</hi> of the Church: He that hears them, hears Christ,
who hath sent them as himself was sent. Upon the account of these the
first rulers of Churches in Scripture did give laws to their people, and
threatned the disobedient not onely by the force of their extraordinary
power, but by the effects of their ordinary ministery. The particular instances
of command I shall enumerate when I give account in what things they have
power to make laws; but these words of power were sufficient warrant,
and were like seals to their Commissions and Monitors of their duty. But
so the Rulers of the Church did practise their power, and taught the
necessity of obedience.</p>
                     <p>
                        <hi>To this purpose are those words of S.</hi> Clement <hi>to S.</hi> James <hi>the Bro<g ref="char:EOLhyphen"/>ther
of our Lord;</hi>
                        <note place="margin">5.</note> These things,<note place="margin">1 p<gap reason="illegible" resp="#TECH" extent="2 letters">
                              <desc>••</desc>
                           </gap>t. Clem. 1. in a<gap reason="illegible" resp="#TECH" extent="1 letter">
                              <desc>•</desc>
                           </gap>e.</note> most dear Brother, I have received from the
mouth of holy <hi>Peter,</hi> who gave the commands, and I have endeavour'd to shew
them to thee, that thou mayest command them all to be kept inviolate, because
Ecclesiastical affaires ought not to be done carelesly but with diligence. There<g ref="char:EOLhyphen"/>fore
let no man think that without danger he can neglect these precepts, or dis<g ref="char:EOLhyphen"/>semble
them; quia in judicio Dei ignis aeterni tormenta sustinebit qui Eccle<g ref="char:EOLhyphen"/>siastica
decreta neglexerit, because in the judgment of God he shall suffer the
torments of an Eternal fire who shall neglect the decrees of the Church. But
<pb n="223" facs="tcp:58903:422"/>
he that shall hear thee as the Minister of Christ commanded, shall receive glo<g ref="char:EOLhyphen"/>ry:
But he that shall not hear thee, or rather the Lord speaking by thee, shall
receive to himself damnation.</p>
                     <p>
                        <hi>S.</hi> Ignatius <hi>is very frequent and expresse in this particular.</hi>
                        <note place="margin">6.</note> Be sub<g ref="char:EOLhyphen"/>ject
to the Bishop as to the Lord.<note place="margin">Epist. ad Tral<g ref="char:EOLhyphen"/>lian.</note> For he watches for your souls as he that must
give an account to God. For it is necessary that you doe nothing without the
Bishop. For he that is disobedient to Bishops, will be altogether without God,
impious,<note place="margin">Epist. ad Mag<g ref="char:EOLhyphen"/>nes.</note> and a despiser of Christ, and a disparager of his ordinance. <hi>And again,</hi>
It is fit that you obey your Bishop, and in nothing to contradict him. For he that
does, despises not him that is visible, but in him despises the invisible God, who
cannot be despis'd of any one. For the Bishop hath not his promotion from
men, but from God.</p>
                     <p>Tertullian <hi>speaking of the power and judicatory of the Church,</hi>
                        <note place="margin">7.</note> 
                        <hi>saith,</hi>
                        <note place="margin">in Apologe.</note>
Ibidem etiam exhortationes, castigationes &amp; censura Divina; nam &amp; judica<g ref="char:EOLhyphen"/>tur
magno cum pondere, ut apud certos de Dei conspectu, There are exhorta<g ref="char:EOLhyphen"/>tions,
chastisements and a Divine censure; for the judgment <hi>of the Church</hi> is
with great weight and efficacy, because it is amongst them who are certain that
they shall appear before God: and it is the greatest forerunning of the great
Judgment, if any one sins so that he be banished from the communion of pray<g ref="char:EOLhyphen"/>ers,
assemblies and all holy entercourse.</p>
                     <p>
                        <hi>To which if we adde the words of S.</hi> Cyprian,<note place="margin">8.</note> 
                        <hi>we shall find not onely
the power and authority warranted, but the subject of the power declar'd
to be the Bishop.</hi>
                        <note place="margin">Ep. ad Cornel. Papam lib. 1. ep. 5.</note> Since there are such and so great and many other exam<g ref="char:EOLhyphen"/>ples
and precedents by which the Authority of the Bishop and his power is
established by Divine ordinance, what sort of men doe you suppose them to be
who, being enemies of Bishops and rebels against the Catholic Church, are not
affrighted with the threatning of God admonishing them, nor yet with the re<g ref="char:EOLhyphen"/>venge
of the future judgment? For heresies have arisen and schisms com<g ref="char:EOLhyphen"/>menc'd
from no other cause then this, that men doe not obey [<hi>the Bishop</hi>] the
Priest of God: neither doe they consider that there is in the Church for a time
a Judge in the stead of Christ, to whom if all the Brethren would obey accor<g ref="char:EOLhyphen"/>ding
to the Commands of God, no man would move any thing against a college
of Bishops; no man would after the Divine judgment is pass'd, after the suf<g ref="char:EOLhyphen"/>frage
of the people, and the judgment of the Bishops his assessors, make himself
a judge not of the Bishop, but indeed of God himself; no man would divide the
Unity of the Church; no man by a self-pleasure and pride would make a new
heresy apart by himself.</p>
                     <p>
                        <hi>I onely adde the testimony of S.</hi> Hierom,<note place="margin">9.</note> 
                        <hi>it being in a clear case as to
the thing it self; and the difficulty being onely in the measures, the manner
and instances of obedience.</hi>
                        <note place="margin">in Regul. Mo<g ref="char:EOLhyphen"/>nachor. cap. 17.</note> Episcopus vester cui Ecclesiae commissum est re<g ref="char:EOLhyphen"/>gimen,
<hi>&amp;c.</hi> Your Bishop to whom the government of the Church is committed,
whom God hath plac'd as the surveyor of his vineyard, the shepherd of the
sheep, the director of the flock, the leader of the people both in the city and the
country in which ye live, let him nourish you with a singular care, and feed
you with the meat of holy doctrine, and in the presence of God take especial care
of your souls: let all men devoutly and with an even mind as to God obey him to
whom all the city is committed.</p>
                     <p>
                        <pb n="224" facs="tcp:58903:423"/>
But because I have given a larger account of this duty in general, in
<note n="*" place="margin">Episcopacy asserted Sect. 34, 35.</note> a Discourse on purpose, I shall more properly consider in what particular
cases the conscience is, or is not, bound to obey the Church-governours.</p>
                  </div>
                  <div n="3" type="rule">
                     <head>RULE III. The Church hath power to make laws in all things
of necessary duty, by a direct power and a Divine
authority.</head>
                     <p>SAint <hi>Ignatius</hi> discoursing of the Bishops power,<note place="margin">1.</note> commands subjection to
him in so large and comprehensive termes, that they seem to put an end
to all further inquiries in this rule of conscience, by making all inquiries to
be uselesse;<note place="margin">ad Trallian.</note> because an obedience universal is due. <hi>Necesse est ut quicquid
facitis,</hi>
                        <note place="margin">ad Magnes.</note> 
                        <hi>nihil sine Episcopo tentetis, &amp; in nullo illi refragari:</hi> And again, <hi>Nec
quicquam videatur vobis consentaneum quod sit praeter illius judicium; quod
enim tale est, Deo inimicum est. It is necessary that whatsoever ye doe, ye doe
nothing without the Bishop; that ye be obedient to him, and be refractary
against him in nothing: Neither let any thing please you that is besides his
judgment; for whatsoever is so is an enemy to God.</hi> The same also he re<g ref="char:EOLhyphen"/>peats
in other places,<note place="margin">Epist. ad Ephes.</note> and gives it in command to other Churches. But
this is too general to guide any man, and therefore of it self requires a limit:
and therefore himself does explicate it in his letter to the Church of
<hi>Smyrna. Sine Episcopo nemo quicquam faciat eorum quae ad Ecclesiam spe<g ref="char:EOLhyphen"/>ctant,
Without the Bishop let no man doe any thing of that which belongs to the
Church;</hi> that is, whatsoever is intrusted to the Bishops charge, the conduct
of souls, the duties of religion, the commandements of God, the Sacra<g ref="char:EOLhyphen"/>ments
of the religion, the Orders of the Divine institution, the interior
actions of grace, and the external which are of necessary ministery and re<g ref="char:EOLhyphen"/>lation
to them, are under the Discipline and legislation of the Church.
For in these things onely his charge, and therefore in these things onely his
authority does lie.</p>
                     <p>Thus the Bishop hath power to command his subject or parishioner to
put away his concubine;<note place="margin">2.</note> and if he does not, he not onely sins by unclean<g ref="char:EOLhyphen"/>nesse,
but by disobedience too. For the authority of the Church being spi<g ref="char:EOLhyphen"/>ritual,
it hath power over the spirit, and introduces guilt upon the soul if it
be disobeyed. So that it is but folly and ignorance to think the Bishop
hath no power, because he is to command onely in those things where God
hath commanded already. For though he is God's Minister and commands
not by his own will, but by God's, yet he hath the authority of God given
to him to doe that: and besides that it is not reasonable to think that God
would give the Church-Rulers his authority for trifling and needlesse pur<g ref="char:EOLhyphen"/>poses;
it is also evident in the thing it self, that it is of great effect, be<g ref="char:EOLhyphen"/>cause
even in these things he is the voice of God, and judges in the place
of God, and affrights sinners with the accents of his displeasure, and upon
this account brings a burden upon the disobedient which was not brought
upon him before the command and sentence of the Church.</p>
                     <p>
                        <pb n="225" facs="tcp:58903:423"/>
Whatsoever therefore the Bishop commands us as from God,<note place="margin">3.</note> in that
his power and legislation is properly exercised: and it is absolutely to be
obeyed without any other condition or reserve, but that it be indeed the
will and commandement of God.<note place="margin">lib. de Praecepto &amp; dispensation<gap reason="illegible" resp="#TECH" extent="1 letter">
                              <desc>•</desc>
                           </gap>
                        </note> So S. <hi>Bernard, Quicquid vice Dei prae<g ref="char:EOLhyphen"/>latus
homo praecipit, quod non sit tamen certum displicere Deo, haud secus
omnino recipiendum est ac si praecipiat ipse Deus, Whatsoever the Prelate in
the stead of God commands, provided you are certain it does not displease
God, it must be receiv'd as if God himself commanded it. For what difference
is it whether God by himself, or by men his Ministers, or by his ministring An<g ref="char:EOLhyphen"/>gels
make his will and pleasure known unto us?</hi> Where it is observable that
he does not give leave to disobey if we question whether it be God's will
or no; for if it be a question, the presumption is for the authority imposing
it: and in that case, though it be a doubt in theory, yet that must not hin<g ref="char:EOLhyphen"/>der
the practical obedience; because it is as certain that our lawfull superi<g ref="char:EOLhyphen"/>or
hath power to command us to obey when we are not certain of the
thing, as it is certain that it is a sin if we doe it in a doubting conscience
by our own authority. For <hi>the authority of God in the hand of a Prelate</hi> is
warrant enough to determine us when we know nothing to the contrary,
though <hi>our own will is not.</hi> If we have a doubting conscience, we have no<g ref="char:EOLhyphen"/>thing
(while the doubt remains) to oppose against it but our will, and that
is not sufficient, but a Divine authority is. Now although in the present case
it does not work to the clearing of the material doubt, yet it does operate
to the clearing of the duty: and therefore S. <hi>Bernard</hi> said well [<hi>quod non
sit tamen certum displicere Deo</hi>] unlesse you are sure, that is, be fully per<g ref="char:EOLhyphen"/>suaded,
you displease God in obeying the Bishop, it is certain you doe dis<g ref="char:EOLhyphen"/>please
God by disobeying him.</p>
                     <p>For it is a part of our obedience not to judge his sentence,<note place="margin">4.</note> that is, not
to give judgment against him in a question of difficulty, but to stand to his
sentence.<note place="margin">ad Rusticum Monach.</note> 
                        <hi>Credas tibi salutare quicquid ille praeceperit; nec de Majorum sen<g ref="char:EOLhyphen"/>tentia
judices, cujus officii est obedire &amp; implere quae jussa sunt,</hi> said S. <hi>Hie<g ref="char:EOLhyphen"/>rom</hi>
in a like case. It is your part to obey, and to doe what is commanded,
and not to judge your judges, but to believe all that to be good which your
Prelate commands you; meaning when his command is instanc'd in the
matter of the Divine Commandement. In things that are plain and easy,
every man can be a Judge, because indeed their needs none, for there is no
question: but in things of difficulty, and where evidently God is not dis<g ref="char:EOLhyphen"/>honour'd,
it is very much our duty to obey the Church.</p>
                     <p>Thus the Church hath power to command us to be devout in our
prayers,<note place="margin">5.</note> to be charitable to our Brother, to forgive our enemy, to be hearti<g ref="char:EOLhyphen"/>ly
reconcil'd to him, to instruct the ignorant, to follow holinesse, and to
doe justice, and to be at peace with all men; and he that obeys not, does
walk disorderly, and may be us'd accordingly with all the power the Church
hath intrusted to her, according to the merit of the cause: but it is certain
he sins with a double iniquity that refuses Gods Commandement and the
precept of his spiritual superior; for in these things every Minister can ex<g ref="char:EOLhyphen"/>hort,
but the Bishop can command, that is, he binds the Commandement
of God by a new obligation and under a distinct sin, the sin of disobe<g ref="char:EOLhyphen"/>dience.</p>
                  </div>
                  <div n="4" type="rule">
                     <pb n="226" facs="tcp:58903:424"/>
                     <head>RULE IV. The Church hath power to make laws in such things
which are helps and apt ministeries and advan<g ref="char:EOLhyphen"/>tages
of necessary duty.</head>
                     <p>This Rule is expressely taught by S. <hi>Basil:</hi>
                        <note place="margin">1.</note> 
                        <hi>Necessariò ea nos in memo<g ref="char:EOLhyphen"/>riam
debemus redigere quae dicta sunt ab Apostolo,</hi>
                        <note place="margin">In regul. bre<g ref="char:EOLhyphen"/>vior. cap. 14.</note> 
                        <hi>Prophetias nolite spernere….
Ex his autem intelligitur quod si quid nobis imperatum est quod idem sit cum
mandato Domini, aut adjuvet, illud tanquam voluntas Dei studiosius dili<g ref="char:EOLhyphen"/>gentiusque
à nobis suscipi debet, We must remember what the Apostle said,
Despise not prophesyings. But if any thing be commanded us which is all one
with the command of God, or may help it, it ought to be undertaken by us with
diligence and study as if it were the will of God.</hi> Thus if our Bishop in his
precepts and sermons of chastity command that the women goe not to the
publick spectacles, where are represented such things which would make <hi>Cato</hi>
blush, and <hi>Tuccia</hi> have looser thoughts, they are bound in Conscience to
abstain from those impure societies; and not onely from the lust, but from
the danger. For in vain is it that God should intrust the souls of the peo<g ref="char:EOLhyphen"/>ple
to spiritual Rulers, and give them wisdome to doe it, and command<g ref="char:EOLhyphen"/>ment
to doe it with diligence, and gifts of the Holy Spirit to enable them
to doe it with advantage, if the people were not tied in duty to decline those
places and causes where and whence they doe usually perish.</p>
                     <p>
                        <hi>And in pursuance of the Episcopal authority in the like instances it
was that S.</hi> Chrysostom <hi>held his pastoral staffe over the disobedient:</hi>
                        <note place="margin">2.</note> 
                        <hi>for the
Church had declar'd that in the holy time of Lent the people should live
austerely, and therefore he told them at that time especially that they
should not goe to the publick shews and theatres; and to the disobedient
he addes this threatning,</hi>
                        <note place="margin">Homil. 6. in Genes.</note> Sciant omnes his criminibus obnoxii, si post hanc
nostram admonitionem in ea negligentia manserint, non toleraturos nos, sed
legibus Ecclesiasticis usuros, &amp; magnâ austeritate docturos ne talia posthac
negligant, n<gap reason="illegible" resp="#TECH" extent="1 letter">
                           <desc>•</desc>
                        </gap>ve tanto contemptu Divina audiant eloquia, Let all that are
guilty of such crimes know that if after this admonition they persist in this
neglect, we will not suffer it, but use the laws of the Church against them, and
shall teach them with great austerity that hereafter they doe not hear the Divine
Sermons with so great contempt.</p>
                     <p>Upon the same account the Church in her Sermons of repentance does
usually,<note place="margin">3.</note> and hath authority to enjoyn actions of internal and external signifi<g ref="char:EOLhyphen"/>cations
and ministeries of repentance. In the Primitive Church the Bishops
did indict fasting-dayes, and publick Letanies and processions or solemn sup<g ref="char:EOLhyphen"/>plications
and prayers to be us'd in the times of publick danger and neces<g ref="char:EOLhyphen"/>sity.<note place="margin">Lib. de jejunio in psychicos</note>
This we find in <hi>Tertullian, Episcopi universae plebi mandare jejunia
assolent, non dico de industria stipium conferendarum, ut vestrae capturae est, sed
interdum &amp; ex aliqua sollicitudinis Ecclesiasticae causa,</hi> The Bishops are
wont to command fasting dayes to all the people, not for secular ends, but
<pb n="227" facs="tcp:58903:424"/>
for Ecclesiastical necessity and advantage. For when God hath established
an office and ministery, it is certain he made it sufficient to acquire all the
ends of it' s designation: since therefore the government even of internal
actions and a body or society of men must suppose external acts, ministeries,
circumstances and significations, no man can from without govern that
which is within, unlesse he have power to govern that without which the
internal act cannot be done in publick, in union and society.</p>
                     <p>And here comes in that Rule of the law,<note place="margin">4.</note> 
                        <hi>The Accessory follows the na<g ref="char:EOLhyphen"/>ture
of the Principal;</hi> which hath been so infinitely mistaken and abus'd by
the pretences of <hi>Romanists</hi> and <hi>Presbytery</hi> for the establishing an Empire
Ecclesiastical in things belonging to themselves, not to God. For the soul
being the principal and the body it's instrument, they hence argue that they
to whom the souls are committed, have therefore a right to govern the
body, because it is accessory to the soul; and if the body, then also the acces<g ref="char:EOLhyphen"/>sories
of the body, actions, circumstances, time, wealth, lands and houses;
in order to the spiritual good of the soul: which proposition because it is
intolerable, it can never be the product of Truth, and therefore must be de<g ref="char:EOLhyphen"/>riv'd
from a false understanding of this true rule of the lawyers. But because
in it's true meaning it serves to conduct many, and particularly this rule of
Conscience, it is necessary that we know the true meaning of it.</p>
                     <div type="part">
                        <head>The Rule [The Accessory followes the nature of the
Principal] explicated.</head>
                        <p>Therefore for the understanding of it so far as can be in order to our
design,<note place="margin">5.</note> it is to be inquir'd, how we shall know which is the principal and
which is the accessory? 2. In what sense the accessory must follow the na<g ref="char:EOLhyphen"/>ture
of the principal.</p>
                        <p>1. That which is principal to one purpose,<note place="margin">6.</note> is but the accessory to ano<g ref="char:EOLhyphen"/>ther
sometimes. If <hi>Titius</hi> hires my land and builds a house upon it, the
house is but the accessory, because it came after my land was in possession.
But if <hi>Titius</hi> buyes my house standing upon my own land, he buyes the land
too; for the land is but the accessory, and the house is the principal: because
the house being the purchase, it cannot be at all but upon a foundation, and
therefore the ground is the accessory, and after the house in the intention of
the buyer. <hi>Villa fundum quaerat,</hi> it is sometimes true; but ordinarily,
<hi>Fundus quaerit villam.</hi>
                        </p>
                        <p>2. That which is of greatest value is not always the principal,<note place="margin">7.</note> but
sometimes is the accessory. The picture of <hi>Apollo</hi> upon a laurel board is
much more precious then the wood, and yet if <hi>Apelles</hi> should take <hi>Lucian's</hi>
wood and draw the picture. <hi>Lucian</hi> will make bold with the board, and
consequently carry away the picture. A jewel set in gold is much better
then the gold, but yet the gold is the principal, because it was put there to
illustrate and to adorn the gold;<note place="margin">l. cum aurum. 19. §. perveni<g ref="char:EOLhyphen"/>amus ff. de aur. &amp; argent. leg.</note> according to that of <hi>Ulpian, Semper cum
quaerimus quid cui cedat, illud spectamus, quid cujus rei ornanda causâ adhi<g ref="char:EOLhyphen"/>betur.</hi>
And therefore if <hi>Caius</hi> dying leave me in legacy his black-cloth suit,
I shall also receive the diamond-buttons that adorn it: because these were
<pb n="228" facs="tcp:58903:425"/>
plac'd there to adorn it; and therefore are the accessory, because they are
<hi>usu minores,</hi> and wholly set there for the ministery of the other. <hi>Quod
adhibetur alterius rei causâ;</hi> that is principal for whose sake the other was
sent or put. And therefore it is no good argument to conclude that the
body is the accessory, because the soul is more noble. <hi>Cedent gemmal
phialis vel lancibus inclusae auro argentove.</hi> The soul is indeed a jewel set in
gold; but is therefore an accessory to the body in some cases. He that
buyes the body of a slave, hath right to all the ministeries of the soul; and
the man is bound to serve his Master with a ready mind and a good will;
and the soul is a <gap reason="foreign">
                              <desc>〈 in non-Latin alphabet 〉</desc>
                           </gap> of the body. The body is first, and the soul
comes afterwards to give it life and motion.</p>
                        <p>3. When two substances concurre to the constitution or integrity of
a third,<note place="margin">8.</note> one is not the accessory to the other. The eye is not the accessory
to the head, nor the foot to the leg, nor the hand to the arme; for that
onely is an accessory, <hi>quod alterius rei causâ adhibetur aut accedit:</hi> If it
comes in accidentally and be wholly for the others sake, then it is an acces<g ref="char:EOLhyphen"/>sory.
Thus order and decency and circumstances of time and place are
for the ministeries and ornament of religion, and therefore are acces<g ref="char:EOLhyphen"/>sories.
The outward act is the lesse principal and an accessory to the in<g ref="char:EOLhyphen"/>ward,
for to the inward it wholly ministers; and consequently he that dis<g ref="char:EOLhyphen"/>poses
of one may also govern the other, because the lesse principal is inclu<g ref="char:EOLhyphen"/>ded
in the more, and the lesse and the more have not two administrations,
because they have but one use. But the soul and the body are two distinct
substances of differing ministrations, acting to several and sometimes to
contrary purposes; they are parts of the same man, a better and a worse,
but not a principal and accessory, unlesse it be by accident and in some uses
and to some purposes; and then sometimes one sometimes the other is the
principal. Concerning which the Rule is this.</p>
                        <p>4. Those things which of themselves are not,<note place="margin">9.</note> but by accident may be
made accessories to a principal, are then to be esteem'd to be so when they
actually and wholly are joyn'd in use to the principal, and serve the end of
the principal, but have none of their own. Thus when the soul prays pas<g ref="char:EOLhyphen"/>sionately,
if the lips move without a deliberate act of understanding, but
obeying the fancy, the body in that case is purely the accessory. I say in
that case: for if the body receive a command to other purposes, as to attend
upon the Prince at the same time when the soul prays, in that case they are
both principals; and neither of them is accessory to the other. And there<g ref="char:EOLhyphen"/>fore
although it will follow that when the body ministers to the action of
the soul wholly, and hath no distinct work &amp; office of its own in that action,
he that commands the soul, can also command the body; for they are in
that ministery but as one: yet it will not follow that when the body is not
<gap reason="illegible" resp="#TECH" extent="1 span">
                              <desc>〈…〉</desc>
                           </gap>
have also an absolute and irrespective nature, operation or designe, it
<pb n="229" facs="tcp:58903:425"/>
cannot be governed in any thing of this, because of it's relative nature and
conjunction in the other; for there it is not accessory. For it is the nature
of the <gap reason="foreign">
                              <desc>〈 in non-Latin alphabet 〉</desc>
                           </gap>,
<hi>The conjunct cause or reason, when it is there, the work will follow: but when
it is away, there will be no event,</hi> says the Philosopher.</p>
                        <p>6. It is not enough to make a thing to be accessory,<note place="margin">11.</note> that it is design'd
for the use and ministery of another that is principal; but it must be actu<g ref="char:EOLhyphen"/>ally
applied: for till then it is but a potential accessory, which gives no right,
and changes no nature, and produces no effect. Bridles and saddles are made
to be us'd with horses: but he that buyes all the horses in a faire cannot
claim all the saddles and bridles which are in the same faire to be sold;
because they are not yet become the accessories, but are onely design'd to
be so. It is intended that the body should minister to the soul in matters of
religion; but because it ministers also to other actions of the soul, he that
rules the soul does not by consequence rule the body, unlesse it be actually
applied, and be conjunct with the soul in the ministeries of religion.</p>
                        <p>2. These may be sufficient to declare so much of the nature of <hi>acces<g ref="char:EOLhyphen"/>sories</hi>
as is of use in our present questions.<note place="margin">12.</note> The next inquiry is, what is
the meaning of these words, [The accessory [<hi>follows the nature</hi>] of the
principal.] For it cannot be meant that whatsoever is said of one may be
said of the other; or whatsoever may be done to one, may be done to the
other. The Rulers of souls have power to excommunicate or to cut
them off from the body of the Church, which is the greatest spiritual
power, and is after it's own manner a spiritual death. Now suppose the
body be an accessory to the soul, it will not follow that he that can cut the
soul off from the Church, can cut the body also off from the Common<g ref="char:EOLhyphen"/>wealth.
But the meaning is, that <hi>duplici &amp; diverso jure censeri non debent,</hi>
they who are joyn'd in one action are to have one judgment, though accor<g ref="char:EOLhyphen"/>ding
to their respective measures. If the soul does well, so does the body
ministring to the soul. If it be good to pray, it is good to appoint times
and places to pray in, because without time and place you cannot pray: If
time and place be contingent and irregular, so are our prayers; if our pray<g ref="char:EOLhyphen"/>ers
be solemn and fixt, so must they. And thus also it is in matter of Go<g ref="char:EOLhyphen"/>vernment.
If the Bishop is to guide the devotion of the soul, he can also
give rules to the body in all that which it ministers to that action of the
soul; and when they two make one compleat action by way of principal and
accessory, they are the same one intire subject of government. But this is
to be extended no further. This passes not to the distinct actions or mini<g ref="char:EOLhyphen"/>steries
of the body; but is confin'd to that in which it is, and so long as it is
one agent with the soul: neither can it passe to warrant any other im<g ref="char:EOLhyphen"/>pression
upon the body, but that it be commanded and conducted in the
<gap reason="illegible" resp="#TECH" extent="1 span">
                              <desc>〈…〉</desc>
                           </gap>
the <hi>Curator bonorum;</hi> and the Physician that gives physic to the body, and
<pb n="230" facs="tcp:58903:426"/>
conducts the regiment of health, is not Master of his wardrobe: and the
Epigram derided <hi>Herod</hi> the Empiric,
<q>
                              <l>Clinicus Herodes trullam subduxerat aegro:</l>
                              <l>Deprensus dixit, Stulte, quid ergo bibis?</l>
                           </q>
because when he came to take away his patients sicknesse, he took away his
plate. If the principal act be confirm'd by an accessory oath, though the
principal act prove null and invalid in law, yet the man is tied by the re<g ref="char:EOLhyphen"/>maining
oath. A man cannot offer to God an indifferent action or thing.
And therefore he that promises to God to walk three turns every day, hath
done nothing; the act is null, and he is not obliged to pay that to God: but
if an oath did supervene, that must stand,<note n="*" place="margin">c. cum con<g ref="char:EOLhyphen"/>tingat. extr. de jurejur.</note> though the principal of it self
be null; because every oath that can without sin be kept, must stand. The
alienation of a Minors lands is rescinded by law, yet the obligation and
caution of the Tutor for the accessory verification of the principal sale will
stand: because there is a reason that separates the accessory from the prin<g ref="char:EOLhyphen"/>cipal,
and the law intending to rescind the translation of the Dominion, not
to rescind the contract, leaves the principal loose, and the accessory bound.
This is also thus in actions principal and accessory, which the law cals <hi>per<g ref="char:EOLhyphen"/>sonales
&amp; hypothecarias. Maevius</hi> dies and divides his estate between <hi>Lucius</hi>
and <hi>Lucullus;</hi> but he was indebted 20 talents, and for caution had ingag'd
some jewels. <hi>Lucius</hi> payes his five talents, and <hi>Lucullus</hi> payes foure of the
other: the personal action of <hi>Lucius</hi> is dissolv'd, but the accessory is not;
for till <hi>Lucullus</hi> his personal or principal be taken off, the accessory and cau<g ref="char:EOLhyphen"/>tionary
remaines upon them both: and this also hath a particular reason,
and so have all those cases in which this Rule failes.</p>
                        <p>From whence I inferre,<note place="margin">14.</note> that this thing is sometimes reasonable, and
sometimes unreasonable, but it is never necessary but in one case; and that
is when the accessory is necessary and inseparable, either by reason of a na<g ref="char:EOLhyphen"/>tural
or positive conjunction. For some things are accessory by use and
customes, some by laws and commandements, some by the nature of the
thing. Now of the first two sorts the measures are contingent and altera<g ref="char:EOLhyphen"/>ble:
the laws sometimes declare a thing to be accessory, and at other times
it is no so: and if by use or contract or custome a thing be accessory, it
ceases to be so if the accessory be particularly excepted. As if I buy a
house, it is by custome concluded that I intend the garden that is joyn'd to
it; and he that sels a horse, sels his bridle: but if the garden be reserv'd, &amp;
the bridle be excepted, the rule is then of no use.</p>
                        <p>Now to apply this to the present inquiries.<note place="margin">15.</note> 1. Because the body is not
in the nature of the thing an inseparable, necessary accessory to the soul in
spiritual actions and ministeries, but the soul can pray alone, and be chari<g ref="char:EOLhyphen"/>table
alone, and love God alone, and the body hath actions, and intentions,
and interests which mingle not with that which the spiritual rulers are to
govern; therefore it cannot be inferr'd that the body is subject in all things
to them who govern souls.</p>
                        <p>But 2.<note place="margin">16.</note> It does follow and may by force of this rule be inferr'd that
they who are to govern the religion and spiritual actions of the soul, can
also govern the actions of the body which minister immediately and necessa<g ref="char:EOLhyphen"/>rily
to the necessary actions of the soul: &amp; therefore because it is a duty that
we communicate in the Communion of Saints, when that duty is actually
<pb n="231" facs="tcp:58903:426"/>
and of necessity to be done, the Bishop hath power to command the bodies
of men to be present in Christian assemblies, according to the precept of
the Apostle, <hi>Neglect not the assembling of your selves together.</hi>
                        </p>
                        <p>And yet further,<note place="margin">17.</note> to come home to the present Rule, there are several
degrees of necessitie, and several reasons of it. Some things are necessary
for life, and some for health. Some are necessary for single Christians,
some things are necessary for societies; some things are necessary in private,
and some in publick; some things are for order, and some for precise duty;
some things are absolutely, and some are but respectively and in order to
certain ends necessary. The body is an accessory to the soul, <hi>atque eodem jure
censendum, to be judg'd by the same laws,</hi> govern'd by the same persons, sub<g ref="char:EOLhyphen"/>ject
to the same sentence and conduct, not onely in things of absolute ne<g ref="char:EOLhyphen"/>cessity,
but even in things of great advantage; not onely in private necessity,
which is always indispensable, but even in publick necessities of the Church,
in which there is greater latitude and more liberty: and the reason is, because
even these lesser degrees of necessity are requir'd of us by Divine Com<g ref="char:EOLhyphen"/>mandement;
and it is not onely commanded to us to doe that which is law<g ref="char:EOLhyphen"/>ful,
but that also <hi>which is of good report;</hi> not onely that we glorify God,
but that our Brethren be edified. And in proportion to this, it is requir'd
of the guides of souls that <hi>they give</hi> good <hi>account of</hi> them, but it is re<g ref="char:EOLhyphen"/>quir'd
of us also that we so comport our selves that <hi>they may doe it with joy:</hi>
                           <note place="margin">Hebr. 13. 17.</note>
which cannot be suppos'd, if their power be kept within the bounds of a
simply and indispensably necessary internal religion; it cannot be done with<g ref="char:EOLhyphen"/>out
prosperous circumstances and advantages of religion: in these therefore
if spiritual guides have not power to give commands, they have not all
that is necessary by all the kinds of necessity which God made.</p>
                        <p>But this Rule we see verified by authentic precedents.<note place="margin">18.</note> For the Apo<g ref="char:EOLhyphen"/>stles
at <hi>Jerusalem</hi> indeed thought fit to impose nothing but those <hi>necessary
things</hi> which are specified in their decretal: but S. <hi>Paul</hi> us'd also this au<g ref="char:EOLhyphen"/>thority
by the measures of the present Rule, and commanded beyond the
limits of absolute necessity, even that which he judg'd convenient; and ve<g ref="char:EOLhyphen"/>rifies
his authority in his Epistle to <hi>Philemon,</hi>
                           <note place="margin">Philem. 8. vers.</note> 
                           <hi>I might be much bold in Christ
to enjoyn thee that which is convenient:</hi> and this he actually did to the <hi>Corin<g ref="char:EOLhyphen"/>thian</hi>
Church, commanding that <hi>all things should be done decently and in
order.</hi>
                        </p>
                        <p>Now although it be true that in these things the Apostle had some
advantages which the Bishops in succession have not;<note place="margin">19.</note> he had an infallible
spirit, and what he call'd convenient was so indeed; and he had converted
<hi>Philemon,</hi> he was his Father in Christ, and he was one of the pillars upon
which Christ built the Church, and he was to lay the foundation for an
everlasting building: yet because the instance to the <hi>Corinthian</hi> Church
was such which was of a perpetual reason, and it would be for ever necessa<g ref="char:EOLhyphen"/>ry
that things should be done in the Church decently and in order, and the
question of decency would for ever have variety and flux, succession and a
relative uncertainty, it was necessary that of this there should be perpetual
Judges and perpetual Dictators: and these can be no other but the Rulers
of the Church, who have the same power as the Apostles had in this,
though not so many advantages of power. When the Bishops judge truly
concerning necessity, &amp; such decencies and reasonablenesses as are next to ne<g ref="char:EOLhyphen"/>cessity,
<pb n="232" facs="tcp:58903:427"/>
they can enjoyn them, onely they cannot judge so surely; and there<g ref="char:EOLhyphen"/>fore
although there may be more causes of laying aside their commands,
yet it is never lawfull without cause.</p>
                        <p>But this is not to be extended to such <hi>decencies</hi> as are onely ornament,<note place="margin">20.</note>
but is to be limited to such as onely rescue from confusion: the reason is,
because the Prelates and spiritual guides cannot doe their duty, unlesse
things be so orderly that there be no confusion, much lesse can they doe it
with joy; and so far their power does extend: for although that is not re<g ref="char:EOLhyphen"/>quired
of the governours but of the people, that the Rulers office be done
with joy; yet because it is required of the people, they sin if they hinder it;
therefore the Rulers have power to enjoyn it. But if it can goe beyond
this limit, then it can have no natural limit, but may extend to sumptuous<g ref="char:EOLhyphen"/>nesse,
to ornaments of Churches, to rich utensils, to splendor, to Majesty;
for all that is decent enough, and in some circumstances very fit. But be<g ref="char:EOLhyphen"/>cause
this is too subject to abuse, and gives a secular po<gap reason="illegible" resp="#TECH" extent="1 letter">
                              <desc>•</desc>
                           </gap>er into the hands
of Bishops, and an authority over mens estates and fortunes, and is not ne<g ref="char:EOLhyphen"/>cessary
for souls, and no part of spiritual government, it is more then Christ
gave to his Ministers.</p>
                        <p>This also is to be added:<note place="margin">21.</note> that because this power is deriv'd to spiritual
Rulers upon the account of reason and experience of things and the duty
of the people, that the Rulers should be enabled to give an account of their
charges with joy, therefore it is onely left to the people to doe it or not,
under the pain of a sin; but they are not to incurre spiritual censures upon
the stock of non-compliance in things not simply necessary or of essen<g ref="char:EOLhyphen"/>tial
duty. For to compel them to advantages will bring but little joy to the
Ruler: he must secure the main duty whether they will or no; that him<g ref="char:EOLhyphen"/>self
is to look to, and therefore to use all the means God hath put into his
hand; and for that he must look for his joy when he comes to give up his
account: but that he himself should doe his duty with joy, that is with ad<g ref="char:EOLhyphen"/>vantages,
with ease, with comfort, being a duty wholly incumbent on the
people and for their profit, if they will not comply, they sin; and <hi>it is
not profitable for them,</hi>
                           <note place="margin">Hebr. 13. 17.</note> saith the Apostle, that is, they loose by it; but to
this they are at no hand to be constrain'd, for that will destroy his joy as
much as the letting it alone.</p>
                        <p>Beyond this the Bishop hath no authority to command what he can
persuade by argument,<note place="margin">22.</note> he is to take care it be well and wisely, to the glory
of God and the good of his Church, to the edification of all men that are
interested, and the special comfort and support of the weak. The summe
of which power is excellently summ'd up by S. <hi>Paul.</hi>
                           <note place="margin">1 Thessal. 4. v. 2, 3, and 6.</note> 
                           <hi>For ye know what
Commandements we gave you by the Lord Jesus. For this is the will of God,
even your sanctification: That ye abstain from fornication…. that no man
defraud his Brother.</hi> In these things the spiritual power is proper and com<g ref="char:EOLhyphen"/>petent.
But the Apostle addes, <hi>He therefore that despiseth, despiseth not
man but God, who hath also given us his holy Spirit.</hi> That is, In those things
which are certainly the laws of God the Bishop is to rule intirely according
to the power given him. But because God hath not onely given his autho<g ref="char:EOLhyphen"/>rity;
but his spirit too, that is, he hath given him wisdome as well as pow<g ref="char:EOLhyphen"/>er,
it cannot be supposed to be for nothing: whatever he wisely orders,
that is of necessary relation to the expresse command of God, or is so re<g ref="char:EOLhyphen"/>quisite
<pb n="233" facs="tcp:58903:427"/>
for the doing of it, that it cannot be well done without it by any
other instrument, nor by it self alone. In this it is to be supposed that the
spirit of government which God hath given to his Church will sufficiently
assist, and therefore does competently oblige: lesse then this the Spirit of
God cannot be suppos'd to doe, if it does any thing beside giving and re<g ref="char:EOLhyphen"/>vealing
the expresse commandement and necessary duty.</p>
                        <p>Beyond these strict and close measures there is no doubt but the Spirit
of God does give assistance:<note place="margin">23.</note> as the great experience of the Church, and the
effects of government, and the wise rules of conduct, and the usefull Ca<g ref="char:EOLhyphen"/>nons,
and the decent Ceremonies, and the solemn rites, and the glorifica<g ref="char:EOLhyphen"/>tions
of God consequent to all this doe abundantly testify. But yet be<g ref="char:EOLhyphen"/>yond
this, the Bishops can directly give no laws that properly and imme<g ref="char:EOLhyphen"/>diately
bind the transgressors under sin: and my reasons are these.</p>
                        <p>1. Because we never find the Apostles using their Coercion upon any
man but the expresse breakers of a Divine Commandement,<note place="margin">24.</note> or the pub<g ref="char:EOLhyphen"/>lick
disturbers of the peace of the Church and the establish'd necessary
order.</p>
                        <p>2. Because even in those things which were so convenient that they
had a power to make injunctions,<note place="margin">25.</note> yet the Apostles were very backward to
use their authority of commanding; much lesse would they use severity,
but intreaty.<note place="margin">Philemon. 8, <gap reason="illegible" resp="#TECH" extent="1 letter">
                                 <desc>•</desc>
                              </gap>.</note> It was S. <hi>Paul</hi>'s case to <hi>Philemon</hi> before mention'd; <hi>Though
I might be much bold in Christ to enjoyn that which is convenient; yet for love's
sake I rather intreat thee.</hi>
                        </p>
                        <p>3. In those things where God had interpos'd no Command,<note place="margin">26.</note> though
the rule they gave contain'd in it that which was fit and decent, yet if men
would resist, they gently did admonish or reprove them, and let them alone.
So S. <hi>Paul</hi> in case of the <hi>Corinthian</hi> men wearing long haire, <hi>If any man list
to be contentious, we have no such custome, nor the Churches of God:</hi> that is,
let him chuse; it is not well done, we leave him to his own liberty, but let
him look to it.</p>
                        <p>4. If the Bishops power were extended further,<note place="margin">27.</note> it might extend to
Tyranny, and there could be no limits beyond this prescrib'd, to keep him
within the measures and sweetnesse of the government Evangelical: but if
he pretend a Divine authority to goe further, he can be absolute and su<g ref="char:EOLhyphen"/>preme
in things of this life which doe not concern the Spirit, and so fall into
<hi>Dynasty,</hi> as one anciently complain'd of the Bishop of <hi>Rome,</hi> and change the
<hi>Father</hi> into a <hi>Prince,</hi> and the <hi>Church</hi> into an <hi>Empire.</hi>
                        </p>
                        <p>But this hinders not but that the power of spiritual Rulers may yet
extend to a further use,<note place="margin">28.</note> not by a direct power of command, or of giving
laws, but by all the indirect and collateral ways of obligation, as of fame,
consent, reputation of the man, the reverence of his person, and the opinion
of his wisedome and sanctity, by voluntary submission, and for the avoiding
scandal: when any of these causes of action or instruments of obligation
doe intervene, the Bishop does not directly bind, but the people are bound:
and their obligation from all these principles are reduc'd to two heads. <hi>The
matter of scandal;</hi> in which case, under pain of sin they must obey in all
<pb n="234" facs="tcp:58903:428"/>
lawfull things, when by accident and the concurse of emergent causes it is
scandalous to disobey. And the other is, <hi>Their own consent;</hi> for however
it be procur'd fairly, if they once have consented, they are become a law
unto themselves, and so they remain till this law suffers diminution as other
laws doe that die: of which I am afterwards to give account.</p>
                        <p>There is one way more by which Ecclesiastical laws doe bind; but
this is the matter of the next Rule.</p>
                     </div>
                  </div>
                  <div n="5" type="rule">
                     <head>RULE V. When the Canons or Rules of Ecclesiastical Rulers
are confirmed by the supreme Civil power, they
oblige the Conscience by a double obligation.</head>
                     <p>
                        <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>,<note place="margin">1.</note> say the Greek Lawyers. <hi>The power
of making laws,</hi> viz. of determining things not commanded by God, or
of punishing prevarications against Gods laws or their own, <hi>is granted to
Kings.</hi> And therefore as secular Princes did use to indict or permit the in<g ref="char:EOLhyphen"/>diction
of Synods of Bishops; so when they saw cause, they confirm'd the
sentences of Bishops and pass'd them into laws. Before the Princes were
Christian, the Church was governed by their spiritual guides, who had au<g ref="char:EOLhyphen"/>thority
from God in all that was necessary, and of great conveniency next
to necessity; and in other things they had it from the people, from necessi<g ref="char:EOLhyphen"/>ty
and from good will, by hope and fear, by the sense of their own needs,
and the comfort of their own advantages. It was <hi>populus voluntarius,</hi>
the people came with free-will-offerings, and were at first govern'd by love
as much as now they need to be by fear and smart. But God was never
wanting to his Church, but made provisions in all cases and in all times. Of
that which was necessary Christ left in his Ministers a power of govern<g ref="char:EOLhyphen"/>ment:
and in that which was not primely necessary, but emergently and
contingently came to be useful and fit, he onely left in his Ministers a power
to perswade; but he gave them an excellent spirit of wisedome and holi<g ref="char:EOLhyphen"/>nesse
by which they did prevail, and to the people the spirit of love and
obedience: and these together were strength enough to restrain the disobe<g ref="char:EOLhyphen"/>dient.
For as in the Creation there was Light before the Sun, that we
might learn that the Sun was not the fountain of light, but God: so there
was a government in the Church even before the Princes were Christians,
that the support and ornament of Gods Church might be owned as an ef<g ref="char:EOLhyphen"/>flux
of the Divine power, and not the kindnesse of Princes. But yet as
when the Light was gathered and put into the body of the Sun, we after<g ref="char:EOLhyphen"/>wards
deriv'd our light from him, and account him the Prince of all the
bodies of light: so when the government external of all things was drawn
into the hands of Princes becoming Christians, to them the Church
owes the heat and the warmth, the light and the splendor, the life of her
laws, and the being of all her great advantages of maintenance and govern<g ref="char:EOLhyphen"/>ment.
At first the Church was indeed in the Common-wealth, but was
reckoned no part of it, but as enemies and outlaws, were persecuted with
intolerable violence; but when the Princes of the Common-wealth be<g ref="char:EOLhyphen"/>came
<pb n="235" facs="tcp:58903:428"/>
servants of Christ, they were also nurses of the Church, and then it
became a principal part of the Republick, and was car'd for by all her laws.</p>
                     <p>For this first way was not like to last long;<note place="margin">2.</note> for good manners soon
corrupt, and a precarious authority, though wise and holy, useful and con<g ref="char:EOLhyphen"/>sented
to, was not stable as the firmament of laws that could compel: and
yet it became necessary by new introduc'd necessities that there should be
rules and measures given in things relating to the Church, concerning which
God himself had given no commandement; as concerning order in Synods
and conventions Ecclesiastical, the division of Ecclesiastical charges, the
appointment of under-ministeries in the Church, the dispensation of re<g ref="char:EOLhyphen"/>venues,
the determination of causes and difficulties in manners of speaking
or acting, and whatsoever was not matter of faith or a Divine Command<g ref="char:EOLhyphen"/>ment:
<hi>in all that</hi> new necessities did every day arise, and the people were
weary of obeying, and the Prelates might presse too hard in their gover<g ref="char:EOLhyphen"/>ning,
or might be suppos'd to doe so when they did not, and the peoples
wearinesse might make them complain of an easy load; and it was not
possible well to govern long by the consent of the people who are to be
governed. It pleased God to raise up a help that should hold for ever, and
when the Princes became Christian and took care of all this, that is, of all
the external regiment of the Church, of all that was not of spiritual nature
and immediate necessary relation to it, then the Ecclesiastical laws were
advised by Bishops and commanded by Kings; they were but Rules and
Canons in the hands of the spiritual order, but laws made by the secular
power. And now these things are not questions of the power of the Cler<g ref="char:EOLhyphen"/>gy,
but a matter of obedience to Kings and Princes.</p>
                     <p>These Canons before the Princes were Christian were no laws further
then the people did consent;<note place="margin">3.</note> and therefore none but the men of good will,
the pious and the religious children of the Church did obey: but now that
Princes have set the Crosse upon their Imperial globes and scepters, even
the wicked must obey; all are tied by all manner of ties, and all can be
compelled that need it. These Ecclesiastical laws so established the Greeks
call <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>,
<hi>Edicts, orders, and golden bulls, commanding or making into laws the
sentences and rules of Synods.</hi> The <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>, that's the effect and produ<g ref="char:EOLhyphen"/>ction
of Bishops in their conventions; that is, they have <hi>jus pronunciandi
quid sanctum, quid non, a right of pronouncing what is for Gods glory and the
interests of religion, and what not:</hi> but the <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>, <hi>the establish<g ref="char:EOLhyphen"/>ment
and the command</hi> belong to Princes. The Synod hath a <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap> or <hi>a
right of judging,</hi> but the <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap> or <hi>confirmation</hi> of it into a law belongs
to the Civil power. So we find in a Synodal Epistle <hi>de non avellendis
episcopis à sua Metropoli,</hi> 
                        <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>,
<hi>some such thing as this hath been found done by the
decree or judgement of a Synod, but established by after-judgement of the
King.</hi> To the same sense are those words of <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap> applied to the Bi<g ref="char:EOLhyphen"/>shops
Canons, and <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap> to the Kings Edict upon them; and there<g ref="char:EOLhyphen"/>fore
the Emperors and Princes were said <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>,<note n="*" place="margin">in act. Con<g ref="char:EOLhyphen"/>cil. C. P.</note> 
                        <hi>to
put the seal of their authority to the decrees of</hi> the Fathers.<note n="†" place="margin">Vide Chapt. 3. Rule 8. hujus libri.</note>
                     </p>
                     <p>For it was never known in the Primitive Church that ever any Ec<g ref="char:EOLhyphen"/>clesiastical<note place="margin">4.</note>
law did oblige the Catholick Church unlesse the secular Prince
<pb n="236" facs="tcp:58903:429"/>
did establish it. The <hi>Nicene</hi> Canons became laws by the Rescript of the
Emperor <hi>Constantine,</hi> says <hi>Sozomen.</hi> He wrote an Epistle and com<g ref="char:EOLhyphen"/>manded
that all Churches should keep Easter by the Canon of the <hi>Nicene</hi>
Fathers, and made it capital to keep any of the books of <hi>Arius.</hi> * When
the Council of <hi>Constantinople</hi> was finish'd the Fathers wrote to the Emperor
<hi>Theodosius,</hi> and petition'd <hi>ut edicto Pietatis tuae confirmetur Synodi sententia,
that he would be pleased to confirm the sentence of the Council by his Edict:
ut quemadmodum literis quibus nos vocabas Ecclesiam honorasti, ita etiam de<g ref="char:EOLhyphen"/>creta
communibus suffragiis tandem facta sigillo tuo confirmes.</hi> The Emperor
had done them favour and honour in calling them together, and they peti<g ref="char:EOLhyphen"/>tioned
he would also confirm what they had agreed upon, and by his seal
make it authentic. The confirmation of the Canons and Decrees of the
great <hi>Ephesin</hi> Council by the Emperor is to be seen at the end of the Acts
of the Synod: and <hi>Marcian</hi> the Emperor wrote to <hi>Palladius</hi> his Prefect a
letter in which he testifies that he made the Decrees of the Council of
<hi>Chalcedon</hi> to become laws. For having forbidden any person to make as<g ref="char:EOLhyphen"/>semblies
and orations of religion in publick, he addes this reason, <hi>Nam &amp; in<g ref="char:EOLhyphen"/>juriam
facit reverendissimae Synodi judicio, si quis semel judicata ac rectè
disposita revolvere &amp; publicè disputare contenderit; cùm ea quae nunc de Chri<g ref="char:EOLhyphen"/>stiana
fide à Sacerdotibus qui Chalcedone convenerunt per nostra praecepta
statuta sunt,</hi> &amp;c. <hi>For he does injury to the judgement of the most reverend
Synod, if he shall unravel and dispute the things which were there judged and
rightly disposed; since those things appointed by the Bishops met at</hi> Chalcedon
<hi>concerning Christian faith were commanded by us;</hi> or <hi>were appointed by our
Commandement…. Nam in contemptores hujus legis poena non de<gap reason="illegible" resp="#TECH" extent="1 letter">
                              <desc>•</desc>
                           </gap>rit,</hi> They
that despise this law shall be punished. Thus also the Fathers of the fifth
General Synod petition'd <hi>Justinian</hi> to confirm and establish their Canons
into a law, in the same form which was sent to <hi>Theodosius</hi> by the Bishops of
the General Council at <hi>Constantinople</hi> before mention'd.<note n="*" place="margin">Vide Concil. Tolet. 6.</note> The same Prince
also published a <hi>Novel</hi> in which he commands <hi>vim legum obtinere Ecclesia<g ref="char:EOLhyphen"/>sticos
Canones à quatuor Synodis, Nicena, Constantinopolitana prima, Ephesina
prima &amp; Chalcedonensi expositos &amp; confirmatos;</hi> that all the laws which
were made or confirm'd by the four first General Councils should have the
force of laws: that is, all their own Canons and those of <hi>Ancyra, Gangra,
Antioch</hi> &amp; <hi>Laodicea,</hi> which were then adopted into the Code of the Univer<g ref="char:EOLhyphen"/>sal
Church, though they were but Provincial in their original.</p>
                     <p>So that now upon this account the Ecclesiastical laws are as obligato<g ref="char:EOLhyphen"/>ry
to the conscience as those which are made in a Civil matter;<note place="margin">5.</note> and there is
no difference but in the matter onely: but for that there will be some ad<g ref="char:EOLhyphen"/>vantage;
for as the Civil power hath authority in Ecclesiastical matters, so
the spiritual power hath a share in the legislative: the matter is handled by
the Ecclesiastics, and the law is established by the secular. And therefore if
it be thought that the cognisance of these things is not proper for seculars,
those that think so may be satisfied that the Bishops have judged the thing
already; and they that think the Bishops have no power of making the law,
may learn to obey, because the Prince hath by his legislative established it.
So one hand helps another, and both are lift up to God, but will fall heavy
upon the disobedient.</p>
                  </div>
                  <div n="2" type="section">
                     <pb n="237" facs="tcp:58903:429"/>
                     <head>§. 2. Of CENSURES Ecclesiastical.</head>
                     <p>I have given the general measures of the Legislative power of the Ec<g ref="char:EOLhyphen"/>clesiastical
state: next to this I am to account concerning their Coerci<g ref="char:EOLhyphen"/>tive
§. 2. and then return to the inquiries after the more particular sub<g ref="char:EOLhyphen"/>jects
of this power §. 3. and their particular laws and their obligations upon
the conscience in external order §. 4. and in matters of faith §. 5.</p>
                     <div n="6" type="rule">
                        <head>RULE VI. Kings and Princes are by the ties of Religion, not of
power, oblig'd to keep the laws of the Church.</head>
                        <p>THe laws of the Church I have already divided into such which she
makes by a Divine authority,<note place="margin">1.</note> such which concern our essential duty, in
which she hath power to command and rule in her appointed manner; and
into those which are external, political and contingent, such which Princes
if they please make up into laws, but the spiritual power cannot. In the
first sort, Kings and Princes are as much tied to obedience as the meanest
Christian subject. For the King, though he be supreme in government
Political, yet his soul is of Christs fold, and to be conducted by a proper
shepherd. It is no contradiction that the same person should be supreme,
and yet obey in another regard in which he is not supreme. The Captain
that fights in a ship commands the souldiers in chief, but himself obeyes
the Master; and the safety of the souldiers depends upon them both: for
they are distinct powers in order to distinct purposes. For Kings must
give an account for Bishops that they live well in the political capacity, and
Bishops for Kings in their spiritual; and therefore they must obey each o<g ref="char:EOLhyphen"/>ther:
and we find that persons of greatest honour in the days of peace,
serve under Captains and Generals in the time of warre; and when <hi>The<g ref="char:EOLhyphen"/>mistius,</hi>
an excellent Philosopher, who from his chair did rule and dictate
wise things, and give laws to the understandings of his Auditors, and was
admir'd by his Prince, was by the Emperor <hi>Constantius</hi> advanc'd to a pre<g ref="char:EOLhyphen"/>fecture,
in an excellent Epigram he says to himself, <gap reason="foreign">
                              <desc>〈 in non-Latin alphabet 〉</desc>
                           </gap>,
<hi>Now ascend downwards, for thou hast already descended
upwards.</hi> The same dignity is above and below in several regards. But in
this there is no difficulty, because the souls of Princes are of equal regard,
and under the same laws of God, and to be cleans'd and nourish'd by the
same Sacraments, and tied to the same duty by the Commandements of
God as any of the people; in this there is no difference.</p>
                        <p>But in matters not of necessary duty,<note place="margin">2.</note> not expressely required by God's
law and the necessary, unavoidable, immediate consequents of it, there be<g ref="char:EOLhyphen"/>ing
no laws but what themselves have made, they are no otherwise ob<g ref="char:EOLhyphen"/>lig'd
then by their own civil laws, of which I have already given account.
This thing is particularly noted by <hi>Balsamo</hi> upon the 16<hi rend="sup">th</hi> Canon of the
Council of <hi>Carthage,</hi> who affirms that by the reason of the power given to
<pb n="238" facs="tcp:58903:430"/>
Princes from God they are subject neither to their laws nor Canons. And
of this latter he gives this instance, That although by the XII<hi rend="sup">th</hi> Canon of
the Council of <hi>Chalcedon</hi> it was decreed that no city should for the future
acquire the title of a <hi>Metropolis;</hi> yet after this <hi>Justinianea prima</hi> was
made an Archiepiscopal seat and had Metropolitical rights, to the diminu<g ref="char:EOLhyphen"/>tion
of the former rights of <hi>Thessalonica:</hi> but <hi>Balsamo</hi> instances in divers
others. There was an ancient Canon of great celebrity in the Church,
that every city should have a proper Bishop: but the Bishops of <hi>Isauropolis</hi>
and <hi>Tolma</hi> besides their own, had others; so had the Bishops of <hi>Lichfield</hi>
and of <hi>Bath</hi> in <hi>England:</hi> they had other cities under their jurisdiction which
had no Bishops in propriety. For if Kings did give limit to their Dio<g ref="char:EOLhyphen"/>ceses
they might divide again, and give a new limit; since it is not in Kings
as it is in people. The power that goes from the people is like water slipt
from their hands, it returns no more, and does not abide in the first place
of it's efflux; but when an act of power passes from the King, any depu<g ref="char:EOLhyphen"/>tation
or trust, any act of grace or delegation of jurisdiction, it is like
heat passing from the fire, it warms abroad, but the heat still dwells at
home. It is no more the lesse, then the Sun is for the emission of it's
beams of light.</p>
                        <p>And this is apparent in all the privileges and concessions made to the
Church,<note place="margin">3.</note> which are as revocable as their duty is alterable. For Princes are
so far from being oblig'd to perpetuate such rights which themselves have
indulg'd, that it is a rul'd case, and the Greek Fathers sometimes make use
of it to this very purpose,<note place="margin">Leunclav. <gap reason="foreign">
                                 <desc>〈 in non-Latin alphabet 〉</desc>
                              </gap>.</note> 
                           <gap reason="foreign">
                              <desc>〈 in non-Latin alphabet 〉</desc>
                           </gap>,
<hi>If a King hath given a gift, he may recal
it in case the beneficiary proves ingratefull.</hi> The same with that in the feu<g ref="char:EOLhyphen"/>dal
laws of the <hi>Lombards, Feudum amittit qui feudum sciens inficiatur.</hi>
If he wittingly denies the fee, or refuses homage, he looses it. But this
depends upon the reasons of the second Rule in the third Chapter of this
Book.</p>
                        <p>But although in strict right the Kings laws oblige him not,<note place="margin">4.</note> yet be<g ref="char:EOLhyphen"/>cause
<hi>de bono &amp; laudabili</hi> he is in the senses above explicated oblig'd to his
civil laws, therefore much more is he tied to the observations and Canons
of the Church, as being specifications of religion, instances of love to God,
significations of some internal duty, or outer guards to piety, great exam<g ref="char:EOLhyphen"/>ples
to the people, and honours to the Church of Christ, and that which
above all external things will enable the Rulers and guides of souls to ren<g ref="char:EOLhyphen"/>der
their account with joy; and the King shall never so well promote the
interests of religion by any thing, as by being himself subject to the religi<g ref="char:EOLhyphen"/>on:
for who will murmure at those laws which the King himself weares in
a phylactery upon his forehead and his wrists? <hi>Facere rectè cives suos
princeps optimus faciendo docet; cumque sit Imperio Maximus, exemplo
major est,</hi> said <hi>Velleius Paterculus.</hi> This is most of all true in religion,
whose laws look too like policy when they are established onely by pe<g ref="char:EOLhyphen"/>nalties,
but they are accounted religion when they are made sacred by ex<g ref="char:EOLhyphen"/>ample.
To which purpose is that of <hi>Tacitus,</hi>
                           <note place="margin">Annal. 3.</note> 
                           <hi>Obsequium in Principem &amp;
aemulandi amor validiora quam poena ex legibus.</hi> It is duty to our Prince,
and it is our honour to imitate the example of the Prince; and these pre<g ref="char:EOLhyphen"/>vail
more then penalties. <hi>Haec enim conditio principum, ut quicquid faciant,
praecipere videantur,</hi>
                           <note place="margin">Declam. 4.</note> says <hi>Quintilian.</hi> Their example is the best law.
<q>
                              <pb n="239" facs="tcp:58903:430"/>
                              <l>Sic agitur censura, &amp; sic exempla parantur,</l>
                              <l>Si Judex, alios quod jubet, ipse facit.</l>
                           </q>
So laws and judgements and good manners are best established, when by
the examples of Kings and supreme Judges they are made sacred.</p>
                        <p>Adde to this, that the laws of religion have most of them the warran<g ref="char:EOLhyphen"/>ty
of some internal grace or other, and are to be reckoned in the retinue
and relation of that vertue, and therefore cannot in many instances be
broken without some straining of our duty to God, which is by the wise<g ref="char:EOLhyphen"/>dome
and choice of men determin'd in such an instance to such a specifica<g ref="char:EOLhyphen"/>tion.
But this is to be understood onely in such laws which are the <gap reason="foreign">
                              <desc>〈 in non-Latin alphabet 〉</desc>
                           </gap>
                           <hi>outerguards,</hi> the exercises of internal religion, not in the garments
and adornments of the relatives and appendages of religion. If a Prince
despises the Festival of the Church, nothing but a competent reason will
excuse him from being or at least from seeming irreligious. And in what<g ref="char:EOLhyphen"/>soever
instance he hath made or consented to laws of religion, if by them
he can suppose the people may serve and please God, he is much more ob<g ref="char:EOLhyphen"/>lig'd
then they; not by the duty of obedience, for he owes none, but by
the vertue of religion: for besides that his soul must live or die by grea<g ref="char:EOLhyphen"/>ter
measures and exactions of those vertues which bring the people unto
heaven, every action of his that deserves an ill report, it is but <hi>scandal</hi> in
the lesser people, but to him it is <hi>infamy.</hi> For the Kings Escutcheon is
blazon'd otherwise then that of his subjects: the Gentry by metals, the
Nobility by precious stones, but Kings by planets. For in a King there is
nothing moderate.<note place="margin">de Clementi<gap reason="illegible" resp="#TECH" extent="1 letter">
                                 <desc>•</desc>
                              </gap>
                           </note> 
                           <hi>Cavere debet qualem famam habeat, qui qualemcunque
meruerit, magnam habiturus est,</hi> said <hi>Seneca.</hi> His fame, let it be good or
bad, it will certainly be very great.</p>
                        <p>The summe is this:<note place="margin">5.</note> Kings are so tied to their own Ecclesiastical laws,
that they must take care they be not despis'd by their example, that the re<g ref="char:EOLhyphen"/>ligion
design'd by them be promoted, that that part of the Common<g ref="char:EOLhyphen"/>wealth
which most secures to them obedience and peace, and procures them
the most and greatest blessings, be not discouraged or disadvantag'd: but
they are not so tied that every act of omission is imputable to them, though
it have no other cause but the use of his liberty; for in this his duty differs
from that of his subjects: for obedience which the subject owes is a part of
justice, and that hath no degrees, but consists in an indivisible point where
it can be practis'd, and where it can be understood; for he is unjust that
does one act of injustice. But religion hath a latitude of signification and
instances, and a man may be very religious who yet does not keep a Saints
day where by obedience he is not bound; which is the case of Kings.
Therefore what <hi>Seneca</hi> said of the cares of Kings, may be said of the
external observations of the laws of religion, <hi>Remissum aliquando animum
habebit, nunquam solutum,</hi> He may remit something of the strict obser<g ref="char:EOLhyphen"/>vance,
but he must never esteem himself wholly quit.</p>
                        <p>But this is to be understood onely in externals and rituals;<note place="margin">6.</note> concerning
which one said excellently, <hi>Pleraque ex iis magis ad morem quam ad rem per<g ref="char:EOLhyphen"/>tinent,</hi>
They are nothing of the substance of religion, but onely appen<g ref="char:EOLhyphen"/>dages,
and manner, and circumstances: and therefore; <hi>Sapiens servabit ea
tanquam legibus jussa, non tanquam diis grata,</hi> A wise man will observe rituals
because they are commanded by laws, not that they are pleasing to God.
They are the words of <hi>Seneca</hi> quoted by S. <hi>Austin.</hi>
                           <note place="margin">lib. 6. de civit. Dei.</note> Since therefore these
<pb n="240" facs="tcp:58903:431"/>
are wholly matter of obedience, Kings are free, save onely when they be<g ref="char:EOLhyphen"/>come
bound collaterally and accidentally. But in matters of essential du<g ref="char:EOLhyphen"/>ty,
the King hath equally with his subjects no liberty, but much more di<g ref="char:EOLhyphen"/>rect
duty, and many more accidental obligations. The whole affaire is well
enough express'd by <hi>Cicero,</hi>
                           <note place="margin">de Divinat. 2.</note> 
                           <hi>Religioni parendum est: nec patrius mos contu<g ref="char:EOLhyphen"/>maciter
repudiandus.</hi> The Prince must obey religion, and he must not de<g ref="char:EOLhyphen"/>spise
the customes and the manners of his Country; that is, in the better
words of our Blessed Saviour, <hi>These things they ought to doe, and not</hi>
[wholly] <hi>to leave the other undone.</hi>
                        </p>
                        <p>But the liberty of Princes in these Ecclesiastial laws of order,<note place="margin">7.</note> and
circumstance, and ritual observances is very apparent in the practice of the
Hebrew Kings, who yet possess'd this liberty, that even in the rituals of
the Divine ordinance they sometimes did dispense. Thus <hi>David</hi> eat the
shew-bread;<note place="margin">Levit. 7. 20. 2 Chron. 30. 28.</note> and <hi>Hezekiah</hi> permitted some that were unclean to eat the
passeover, otherwise then it was written: onely <hi>Hezekiah</hi> prayed to God
not to impute it to them, and gave them way: and under his reigne the
<hi>Levites</hi> did kill the sacrifice twice, which was onely lawfull for the Priests
to doe.<note place="margin">Levit. 1. 5. 2 Chron. 29. 24. &amp; 30. 17.</note> But it was a favourable case, because the Priests were but few, and
the sacrifices were very numerous: and if it be (as the Greek expression
is) lawfull <gap reason="foreign">
                              <desc>〈 in non-Latin alphabet 〉</desc>
                           </gap> 
                           <hi>to loose a litle of the exactnesse</hi> of the
rituals of the Divine appointment, it is certain where the man is the law-giver,
he can much more use the liberty. But it is not good to doe all that
is lawfull.</p>
                     </div>
                     <div n="7" type="rule">
                        <head>RULE VII. It is not lawful for the Ecclesiastical power to excom<g ref="char:EOLhyphen"/>municate
Christian Princes, or the supreme Civil
power.</head>
                        <p>IN the sentence &amp;<note place="margin">1.</note> penalty of the lesser excommunication as it is us'd in the
Church there are three portions of evil. In one the Bishop is the au<g ref="char:EOLhyphen"/>thor
or minister, in the other the people, and in the third the Prince. The
first is a denying to minister the holy mysteries. The other is a withdrawing
from the communion and conversation of such a person: which although it
be done most of all in the greater excommunication, yet it is done also in
some proportion in the lesse, for emendation of the erring brother; not for
extermination, as appeares in the Apostolical precept given to the Church
of <hi>Thessalonica,</hi> 2 Thessal. 3. v. 6, and v. 14, 15. And the last is, the super<g ref="char:EOLhyphen"/>vening
temporal punishments by which Princes use to verify the just sen<g ref="char:EOLhyphen"/>tences
of the Church against refractary Criminals.</p>
                        <p>Concerning the last,<note place="margin">2.</note> it is certain it wholly is owing to the power and
favour of the Prince; who by that favour is not suppos'd to lay violent
hands upon himself, who if he did, could quickly take them off again:
however the Church inflicts not them by her own authority, but by that
of the Prince, who will not, like the tree in the Fable, lend a stick to the
<pb n="241" facs="tcp:58903:431"/>
hatchet, to be hewen down or hurt by it afterwards.</p>
                        <p>But then concerning that part which is inflicted by the people,<note place="margin">3.</note> which
is abstinence from the society of the offender till he repent and make a<g ref="char:EOLhyphen"/>mends
and get his pardon, it is infinitely certain the Church cannot inflict
that on Kings; because it is destructive of the duty which the people owe
to their Prince, and of the rights which the Prince hath from God inde<g ref="char:EOLhyphen"/>p<gap reason="illegible" resp="#TECH" extent="1 letter">
                              <desc>•</desc>
                           </gap>ondently
from the religion.</p>
                        <p>Besides this,<note place="margin">4.</note> nothing ought to be done to the dishonour of the supreme
power, to whose happy government fame is almost as necessary as power:
and the imposing upon them disgracefull penalties is <gap reason="foreign">
                              <desc>〈 in non-Latin alphabet 〉</desc>
                           </gap>, <hi>a
note of dishonour and blasphemy;</hi> for they are to esteem their King as a
heathen and a publican, from whose society they are to estrange themselves
as from a pestilence. <hi>Invisum semel principem seu bene seu malè facta
premunt,</hi> saith <hi>Tacitus.</hi> If he once fall into such a calamity and dishonour,
whether he doe well or ill afterwards, it shall be evil to him.</p>
                        <p>And yet further,<note place="margin">5.</note> the power of assemblies and publick meetings is
wholly by the laws and permission of Kings; and nothing is more unrea<g ref="char:EOLhyphen"/>sonable
then that any man should interdict Kings from publick meetings
by whom himself hath leave to meet publickly. And therefore we find
Imperial laws making provisions in this very particular, and so far from
being subject to any thing of this nature, that the Emperors gave orders
and strict measures to the Bishops when they should, and whom they should
or should not separate from Churches and Communions; as is to be seen
<hi>l.</hi> 30. <hi>Cod. de Episc. &amp; Clericis</hi> and in the 123. Novel of <hi>Justinian.</hi> For
even in those actions of Bishops in which themselves have liberty &amp; Divine
authority, yet the supreme Civil power hath external jurisdiction. Thus
<hi>Mauritius</hi> the Emperor commanded <hi>Gregory</hi> the Great, Bishop of <hi>Rome,</hi> to
communicate with <hi>John</hi> of <hi>Constantinople;</hi> and anciently in <hi>France</hi> the
Princes were wont to compell the Clergy to officiate; and when the Pope
had interdicted the kingdome of <hi>England,</hi> the King compelled the Priests
and Bishops to open their Churches: so it is in <hi>Holland,</hi> and so in <hi>Venice,</hi>
and so in all places where Kings know their power and their interest and
their duty.</p>
                        <p>For if excommunication be onely an act of caution and prudence,<note place="margin">6.</note> it
is very great prudence not to involve Kings in it, lest they be provok'd
by the evil usages of the Church; and if it be nothing else, certainly it
cannot be necessary to be done at all. But if it be an act of external juris<g ref="char:EOLhyphen"/>diction,
it derives from Kings, and therefore they are not under it but over
it: for no coercion in the hands of man ought to touch those who are re<g ref="char:EOLhyphen"/>serv'd
onely for the judgement of God. <hi>Apud serenissimum Regem opus
est exhortatione potius quam increpatione, consilio quam praeceptis, doctrina
quam virga,</hi> said <hi>Hildebertus</hi> the Bishop. <hi>The King is to be exhorted, not
reproved; counselled, not commanded; and to him not a rod, but doctrine is to
be us'd:</hi> and <hi>Ivo</hi> Bishop of <hi>Chartres</hi>
                           <note n="*" place="margin">Epist. 171.</note> said the same thing. Kings if they
abuse their power are not to be provok'd; but in case they refuse the ad<g ref="char:EOLhyphen"/>monition
of Bishops, they are to be left to the Divine judgement; where
they will be punish'd the more severely, by how much they were the lesse
obnoxious to humane monitions. So <hi>Gregorius Turonensis, Si tu excesseris,
<pb n="242" facs="tcp:58903:432"/>
quis te corripiet? Si autem nolueris, quis te damnabit, nisi is qui se pronun<g ref="char:EOLhyphen"/>ciat
esse Justitiam?</hi> He spake to King <hi>Chilperic. If thou beest exorbitant,
who shall correct thee? If thou refusest, who shall condemn thee, but he onely
who is the Everlasting Righteousnesse?</hi> For if S. <hi>Paul</hi> gave in charge to <hi>Ti<g ref="char:EOLhyphen"/>mothy</hi>
that each person should receive an impression and emanation from the
Pastoral charge according to his quality, and commanded that he should
<hi>not rebuke an Elder, but intreat him as a Father;</hi>
                           <note place="margin">1 Timoth. 5. 1.</note> much lesse would he have
permitted any to have punish'd the Father of the Country and his own su<g ref="char:EOLhyphen"/>perior,
and him who is lesse then none but God, and by whom himself can
rule others in external actions, and who in these very administrations is su<g ref="char:EOLhyphen"/>perior,
and can give laws, and inflict penalties, and is judge and the remedy
of all abuses.</p>
                        <p>And if concerning this inquiry we consult the doctrine and practices
of the Fathers in the Primitive and Ancient Churches,<note place="margin">7.</note> we shall find that
they never durst think of excommunicating Kings. They had no power,
no right to doe it.<note place="margin">Homil. 4. de verbis Isai. Vidi Dominum.</note> 
                           <hi>Nam Sacerdotis tantum est arguere, &amp; liberam prae<g ref="char:EOLhyphen"/>stare
admonitionem,</hi> saith S. <hi>Chrysostom, Priests can onely reprove and argue,
and give a free admonition:</hi> and therefore the first supreme Prince that
ever was excommunicated by a Bishop, was <hi>Henry</hi> the Emperor by Pope
<hi>Hildebrand.</hi>
                        </p>
                        <p>But against this that I say now the Doctors of the Church of <hi>Rome</hi>
make a mighty out-cry,<note place="margin">8.</note> saying that <hi>Philip</hi> the first Christian Emperor was
excommunicate and thrust amongst the penitents;<note place="margin">Euseb. lib. 6. c. 27.</note> that <hi>Babylas</hi> the Bishop
of <hi>Antioch</hi> thrust the Emperor <hi>Decius</hi> with his hands against his breast
from the doors of the Church;<note place="margin">Chrysost. adv. Gentes.</note> that <hi>Athanasius</hi> excommunicated the Pre<g ref="char:EOLhyphen"/>fect
of <hi>Libya,</hi>
                           <note place="margin">Basil. Ep. 47.</note> and S. <hi>Basil</hi> commanded in his Diocese that he should be a<g ref="char:EOLhyphen"/>voided;<note place="margin">Paulin. apud Baron. A. D. 387.</note>
that S. <hi>Ambrose</hi> did excommunicate the Emperor <hi>Theodosius;</hi>
                           <note place="margin">Theod. lib. 5. c. 17.</note> that
S. <hi>Chrysostom</hi> forbad <hi>Eudoxia</hi> the Emperesse to enter into the Church
doors;<note place="margin">Leo Aug. orat. de vita Johan. Chrysostom. Niceph. lib. 13. c. 34.</note> that <hi>Innocentius</hi> excommunicated <hi>Arcadius;</hi>
                           <note place="margin">Aug. Epist. 6. in append. Greg. lib. 2. Ep. 36. Anastas. Biblioth in Greg. 2.</note> so did <hi>Synesius</hi> to <hi>An<g ref="char:EOLhyphen"/>dronicus</hi>
the Prefect, S. <hi>Austin</hi> to <hi>Bonifacius,</hi> Pope <hi>Symmachus</hi> to <hi>Anastasius</hi>
the Emperor, Pope <hi>Vigilius</hi> to <hi>Theodora</hi> the Empresse, <hi>Gregory</hi> the second
to the Exarch, <hi>Gregory</hi> the third to <hi>Leo Isaurus.</hi> Instances enough, if they
be right and true, to shew that the Fathers were of another mind then the
Rule pretends.</p>
                        <p>But in this heap I must separate what is true and certain from what is
false and uncertain,<note place="margin">9.</note> and give an answer to them, and the rest will not trou<g ref="char:EOLhyphen"/>ble
us. * The story of the Emperor <hi>Philip</hi> is vehemently suspected: but if
it were true, yet it was no excommunication, but his own submission to the
discipline of penitents; to which, saith <hi>Eusebius,</hi> he was persuaded by the
Bishop. * And the same was the case of S. <hi>Ambrose</hi> to <hi>Theodosius:</hi> the
Prince was persuaded to it,<note n="*" place="margin">ultrò à com<g ref="char:EOLhyphen"/>munione absti<g ref="char:EOLhyphen"/>nuisse Theodo<g ref="char:EOLhyphen"/>sium aiunt Ruf<g ref="char:EOLhyphen"/>finus lib. 2. c. 18<g ref="char:punc">▪</g> &amp; Ware<g ref="char:EOLhyphen"/>mund. ab Ere<gap reason="illegible" resp="#TECH" extent="1 letter">
                                 <desc>•</desc>
                              </gap>b. c. 2. <gap reason="illegible" resp="#TECH" extent="1 span">
                                 <desc>〈…〉</desc>
                              </gap> reg. n. 35. et seqq.</note> but it was onely to doe his repentance after
the manner of the penitents in those days; the Bishop onely refus'd to cele<g ref="char:EOLhyphen"/>brate
in the presence of the Emperor if he would not give testimony of his
repentance towards God. This the Emperor did, because he was a good
man, and things were then in such a conjunction, that there was nothing
amisse: but that S. <hi>Ambrose</hi> could not have verified his power, if the Em<g ref="char:EOLhyphen"/>peror
had been unwilling, and the Emperor did doe more then was necessa<g ref="char:EOLhyphen"/>ry.
But S. <hi>Ambrose</hi> said that he had his warrant to use the Emperor so,
<pb n="243" facs="tcp:58903:432"/>
from a vision. His warrant was extraordinary: for he had no ordinary
power or commission. * The excommunications of the Prefects by S.
<hi>Athanasius,</hi> S. <hi>Basil,</hi> S. <hi>Austin, Synesius</hi> and <hi>Gregory</hi> the second doe not
come home to the inquiry, because the Prefects were but subjects and had
not the privilege of supreme Princes. * The fact of <hi>Babylas</hi> to <hi>Decius</hi> was
not excommunication: for <hi>Decius</hi> was a Heathen, and the Church hath <hi>no<g ref="char:EOLhyphen"/>thing
to doe with them that are without;</hi> but <hi>Babylas</hi> was zealous and fierce,
and acted with the spirit of a Martyr, to which he hastned by his fervor.
* S. <hi>Chrysostom</hi> indeed did that to <hi>Eudoxia</hi> which did not become him, and
which he had leisure and cause enough afterwards to repent: he did in anger
what himself in the sober hours of his life professed to be more then he
could justify. That of <hi>Innocentius</hi> to <hi>Arcadius</hi> is of no credit, and so is
that of <hi>Symmachus</hi> to <hi>Anastasius,</hi> as being onely seen in the Epistles of the
Popes of <hi>Rome;</hi> concerning which there is nothing certain, but that very
many of them are certainly spurious. The pretended excommunication
of <hi>Theodora</hi> by <hi>Vigilius</hi> hath no testimony. <hi>Contra Theodoram &amp; Acepha<g ref="char:EOLhyphen"/>los
Vigilius pronunciavit damnationis sententiam,</hi>
                           <note place="margin">lib. 2. Ep. 36.</note> said <hi>Gregory.</hi> But this
was nothing but a condemnation or rejection of the heresy of the <hi>Acephali</hi>
with which she was partaker. And the like was the case of <hi>Leo Isaurus;</hi> it
was <hi>sententia damnatoria,</hi> a condemnation of his opinion, called by <hi>Zonaras</hi>
                           <gap reason="foreign">
                              <desc>〈 in non-Latin alphabet 〉</desc>
                           </gap>. But these things are onely pretended to make noises.
Pope <hi>Hildebrand</hi> was the first that ever did any thing of this nature; as is
expressely affirmed by Authors of great credit, by <hi>Otho Frisingensis,</hi> by
<hi>Godefridus Viterbiensis,</hi> and by <hi>Onuphrius,</hi> who counted all the other pre<g ref="char:EOLhyphen"/>tences
either fabulous or to no purpose.</p>
                        <p>But yet there is a third portion of excommunication,<note place="margin">10.</note> which is a deny<g ref="char:EOLhyphen"/>ing
to administer the holy Communion to Princes of a scandalous and evil
life; and concerning this there is no question but the Bishop not onely may,
but in some cases must doe it. <hi>Nolite dare sanctum canibus,</hi> said Christ, <hi>Give
not that which is holy to dogs;</hi> and cast not pearls before swine. But this is
not an act of jurisdiction, punishment or coercion, but of charity to the
Prince and duty in the Bishop. It is just as if a Physician should refuse to
give drink to an hydropic patient; he may have it if he will be willing to
die, but if the other refuses his ministery in the reaching it, he is charitable
and kind, not imperious and usurping. For whatsoever is in the Ecclesia<g ref="char:EOLhyphen"/>stical
hand by Divine right, is as applicable to him that sits upon the Throne
as to him that sits upon the Dunghil. But then the refusing it must be
onely by admonition and caution, by fears and denunciations Evangelical,
by telling him his unfitnesse to communicate, and his danger if he doe: but
if after this separation by way of sentence and proper ministery the Prince
will be communicated, the Bishop hath nothing else to doe but to pray,
and weep, and unwillingly to minister. S. <hi>Gregory</hi>'s case with <hi>Mauritius</hi>
the Emperor was like this. The Prince commanded him to be the mi<g ref="char:EOLhyphen"/>nister
to hand an unlawfull Edict to the Churches: the Bishop told the
Prince it was a sinne which the Prince went about, prayed, admonish'd,
declam'd, did all that he could to hinder it, and then obeyed; that is, he
did all he could to God, by using all his authority, the word of his proper
ministery, and then all that he owed to the Prince, by submitting his ex<g ref="char:EOLhyphen"/>ternal
ministery to his command. The unlawfull proclamations and Edicts
of a true Prince may be published by the Clergy in their several charges;
but yet they must not conceal from the people any thing of their duty, nor
<pb n="244" facs="tcp:58903:433"/>
yet from their Prince when they can declare it. It was also the case of
<hi>Saul</hi> and <hi>Samuel.</hi>
                           <note place="margin">1 Sam. 15. 25.</note> The King desir'd <hi>Samuel</hi> to joyn and communicate with
him in the service of the Lord. He with the liberty of a Prophet refus'd
at first, and declar'd the heinousnesse of <hi>Sauls</hi> sinne; but at last, when the
King's will was pressing and importunate, <hi>Samuel</hi> did obey his voice and
did joyn with him. <hi>Ivo</hi> Bishop of <hi>Chartres</hi> tells that in such cases where
Princes will not comply with the customes and disciplines of the Church,
the Bishops must doe their duty by saying, <hi>Nolo te fallere; introitum hujus
visibilis Ecclesiae periculo tuo te habere permitto. Januam regni coelestis tali
reconciliatione tibi aperire non valeo.</hi> S<hi rend="sup">r</hi>, <hi>I will not deceive you; at your pe<g ref="char:EOLhyphen"/>ril
be it if you will come into the holy place to partake of holy mysteries. I
declare to you, that this ministery</hi> [of the communion] <hi>is not any reconciling
of you to God.</hi> I cannot doe that, unlesse you repent. But the reason of
this is wholly upon this account, because the Ecclesiastical state hath no
proper coercion by Divine right, but is a Minister of the Divine coercion,
of spiritual promises and threatnings; their power is spiritual and internal,
it hath it's effort upon the spirit, and not upon the outer man, and there<g ref="char:EOLhyphen"/>fore
is to proceed by methods fitted to the spirit, that is, by reason and ar<g ref="char:EOLhyphen"/>gument,
by the fear of God, and the terror of his threatnings, by the love
of God and the invitation of his promises. But all the ministeries and
compulsions about the external is the gift and leave of Princes; and there<g ref="char:EOLhyphen"/>fore
it descends, but ascends not, unlesse they please; [of which by and by.]
<hi>Admoneri quidem possunt, increpari, argui à discretis viris: quia quos Chri<g ref="char:EOLhyphen"/>stus
in terris Rex Regum vice suâ constituit, damnandos &amp; salvandos suo
judicio reliquit,</hi> said the Church of <hi>Liege</hi> in their Epistle to <hi>Paschalis:
Kings may be admonished and reprov'd and argued by discreet persons; but
they whom Christ the King of Kings hath appointed to be his vicars on earth,
are intirely to be left to his judgement.</hi>
                        </p>
                        <p>Upon the likenesse of matter it is to be inquir'd</p>
                        <p>Whether the guides of souls have a proper and spiritual power to
enjoyn penances or Ecclesiastical satisfactions to a Prince that hath sinn'd
publickly.<note place="margin">11.</note>
                        </p>
                        <p>The answer to this depends upon the premisses.<note place="margin">12.</note> For the Church
when she enjoyn'd publick satisfactions, did separate from the Communion
those whom they thrust into the place of publick penitents. Now if the
Bishops may not separate the Prince from the Communion, then neither
impose those penances to which that separation did minister: But this is
one of the Censures of the Church, and part of that coercitive power
which she hath by the permission of Princes and the voluntary submission
and consent of good people: And therefore it cannot be done, unlesse the
Prince please. In the Primitive Church, when this discipline was in godly
use, none could be compelled to it, but by conviction in publick, or private
confession, and in both cases their own consent was either expresse or im<g ref="char:EOLhyphen"/>plied;
and therefore much lesse can this be done to the supreme power
whether he will or no.<note place="margin">ad Can. 12. Synodi Ancy<g ref="char:EOLhyphen"/>ranae</note> 
                           <hi>Imperatoriâ unctione poenitentiam tolli,</hi> said <hi>Balsamo,
From the suffering penances Kings are quitted by their anointing:</hi> and upon
those words of <hi>David, [Against thee onely have I sinned</hi>] S. <hi>Ambrose</hi> hath
this note, <hi>He was a King, he was</hi> held <hi>by no laws,</hi> because Kings are free
from the bands of delinquents; <hi>Neque enim ullis ad poenam vocantur legi<g ref="char:EOLhyphen"/>bus
tuti Imperii potestate, Neither are they by any laws call'd to penance, being
<pb n="245" facs="tcp:58903:433"/>
safe by the power of their Empire.</hi> And since the Primitive Church was in<g ref="char:EOLhyphen"/>finitely
restrain'd in imposing publick penances on <hi>Bishops,</hi> for the honour
of their order and dignity of their persons, we shall the lesse need to doubt
of their opinion or practises concerning <hi>Kings.</hi>
                        </p>
                        <p>But yet we find that some excellent good Princes did submit to such
imposition of penances,<note place="margin">13.</note> and did abstain from the publick communions till
they had given testimony of their repentance toward God. So the Em<g ref="char:EOLhyphen"/>peror
<hi>Philip,</hi> 
                           <gap reason="foreign">
                              <desc>〈 in non-Latin alphabet 〉</desc>
                           </gap>, he of his own willing mind plac'd him<g ref="char:EOLhyphen"/>self
amongst the penitents. So did <hi>Theodosius</hi> under the discipline and con<g ref="char:EOLhyphen"/>duct
of S. <hi>Ambrose.</hi> But these things are but cautelously to be drawn into
example, and as they give no power to the Bishop, so every seldome doe they
advantages to Kings. <hi>Henry</hi> the Emperor was a sad example of it, for his
affaires went into diminution, and his person into contempt, and his power
into pupillage as soon as ever he had done penance at <hi>Canusium</hi> bare-footed,
in a cold winter, for three dayes together, and had endur'd the insolency and
scorn of <hi>Hildebrand.</hi> And when Kings made themselves lesse, the Bishops
became greater without any good to the Church, but not without much
detriment to religion.</p>
                        <p>
                           <hi>But neither may Princes be reprov'd publickly.</hi>
                           <note place="margin">14.</note> For if he will not be
obedient to the will of God in the voice of his ministers publickly tea<g ref="char:EOLhyphen"/>ching,
or privately admonishing, and prudently reproving; he that goes
about to reprove him publickly, intends by that meanes by some indirect
coercion to compel him, either by shame or by fear; neither of which
ought to be impos'd by a subject on the Prince. For it is to be observed
that reproof is a part of Empire and superiority, and differs not from tea<g ref="char:EOLhyphen"/>ching,
save onely that it is <hi>manus linguae,</hi> it is <hi>the hand of the tongue,</hi> not the
voice onely. He that reproves teaches onely <hi>minors:</hi> and though Kings
are so in respect of the conduct of their souls, yet it must not be done to
them but very sparingly, because it can very hardly be done without dimi<g ref="char:EOLhyphen"/>nution
of their dignity; and teaching or declaring their duty will doe
their work for them if they please, and if they doe not please, he that re<g ref="char:EOLhyphen"/>proves
will doe the Prince no good, but he shall hurt himself, and shall
not be a Martyr when he is smitten. Let no man therefore pretend zeal
for God in excuse of any boldnesse more then Priestly towards Kings.
For the work of God is oftentimes better done by a gentle hand, then by
a strong.
<q>
                              <l>—peragit tranquilla potestas</l>
                              <l>Quod violenta nequit:<note place="margin">Claud. in Paneg. Mallii.</note> mandatáque fortiùs urget</l>
                              <l>Imperiosa quies—</l>
                           </q>
And if we esteem reproof unseasonable where it is likely we may doe hurt, &amp;
where it is not likely we shall doe good, much more is not this course pru<g ref="char:EOLhyphen"/>dent
to be us'd to Kings, who may be provok'd by your ungentle Sermon,
or may be hardened by your fire. For every Prince hath not the gentlenesse
of <hi>Antigonus,</hi> patiently to hear himself revil'd: but if he had, yet it was but
reason that <hi>Antigonus</hi> sapek when he bade the Souldiers if they would revile
him, to goe further off. And such men should doe well to consider how
ill themselves would take it if they were publickly in the Pulpit call'd
schismatics or incendiaries. * But how and if the people be as zealous as
the Priest, and think it lawfull to call their King by all the names of re<g ref="char:EOLhyphen"/>proach
which they hear in the sermons of the Ministers? And if the Bishop
<pb n="246" facs="tcp:58903:434"/>
calls a spade a spade, it is very possible the people may doe so too, for they
are soon taught to despise their rulers; and then it is to be remembred
what <hi>Aristole</hi> sayes, <gap reason="foreign">
                              <desc>〈 in non-Latin alphabet 〉</desc>
                           </gap>.
If they once come to despise their Prince, they will soon unclasp his royal
Mantle.</p>
                        <p>It is true that the Ministers of religion are <hi>stewards of the mysteries</hi>
of God and <hi>Embassadors for Christ:</hi>
                           <note place="margin">15.</note> and though I cannot say that they who
upon this account think they have power publickly to reprove vitious
Kings, and in plain language give names to their vices and publish their
shame, doe overvalue their dignity, for that cannot easily be done; yet I
say they use it incompetently and imprudently; for the effect of this pow<g ref="char:EOLhyphen"/>er
and dignity is not to upbraid, or to disgrace, but to edify and doe good
to all men according to their capacity: and therefore S. <hi>Paul,</hi> when he had
declar'd his office and commission to be Christ's <hi>Embassador,</hi> he addes, as the
full, expresse and proper issue of that power, <hi>we pray you in Christs stead
to be reconciled to God.</hi>
                        </p>
                        <p>The old Prophets took liberty,<note place="margin">16.</note> and were bold in their reproofs, and
troubled Kings;<note place="margin">Amos. 7. 10.</note> and the people sometimes were stirred too much upon
such accounts: but when the Prophets were charged with sedition, they
onely gave in answer the expresse Commandement of God. And therefore
it was that <hi>Amos</hi> being very bold was bidden not to <hi>prophesy and more at</hi> Be<g ref="char:EOLhyphen"/>thel,<note place="margin">Amos 7. 13.</note>
                           <hi>because it was the Kings Chappel and the Kings Court:</hi> and he was
forc'd to plead a special mission; which the Priests had not, and therefore
we doe not find that ever they us'd any such licence and freedome of re<g ref="char:EOLhyphen"/>proof,
except in such cases in which they also became prophets; as it hap<g ref="char:EOLhyphen"/>pened
to <hi>Jehoiada,</hi> 2 Chron. 24. 20. and that's the very case of the Ministers
of, the Gospel, who unlesse they had a special commission, must teach accor<g ref="char:EOLhyphen"/>ding
to the duty and obedience, the gentlenesse and prudence of the
religion; lest it be said to them as was said by King <hi>Amaziah</hi> to a bold man
that spake openly to him,<note place="margin">2 Chron. 25. 16.</note> 
                           <hi>Have they made thee the Kings Counsellor? cease
thou, why should they smite thee?</hi>
                        </p>
                        <p>Now in this there can be the lesse doubt,<note place="margin">17.</note> for they mistake it that sup<g ref="char:EOLhyphen"/>pose
this to be a question of duty; it is onely an inquiry after the manner
of doing the duty: and therefore although for the former reasons this man<g ref="char:EOLhyphen"/>ner
of doing their duty is not fit, yet it is necessary that the duty should be
done. For <hi>miser est Imperator cui vera reticentur.</hi> No misery is greater
then that Kings shall not be taught their duty. They must be taught it
all: and in this no liberty, if it be prudently conducted, can become licen<g ref="char:EOLhyphen"/>tious.
To which purpose, the Bishops and Ministers of religion must thus
comport themselves to Kings.</p>
                        <p>1. Let the publick doctrines be instructive,<note place="margin">18.</note> but not apt to raise suspi<g ref="char:EOLhyphen"/>cion
of the Prince. 2. Let it be in things certain and of evident and ap<g ref="char:EOLhyphen"/>parent
duty. 3. Let no doctrines be fitted to private interests and partia<g ref="char:EOLhyphen"/>lities
in the State. 4. let no reproof of Kings be in Pulpits, for it is un<g ref="char:EOLhyphen"/>civil
toward any <hi>ut quis crimen audiat eo loco quo refellendi copia non sit,</hi> as
the <hi>Roman</hi> said, that a man should be reprov'd in that place where for re<g ref="char:EOLhyphen"/>verence
and religion sake the man may not answer for himself.<note place="margin">de Maledic. c. 1.</note> And there<g ref="char:EOLhyphen"/>fore
<hi>Clement</hi> the third caus'd a Clergy-man to be punish'd because <hi>multis
<pb n="247" facs="tcp:58903:434"/>
coram astantibus verba quadam in depressionem officii &amp; beneficii nostri pro<g ref="char:EOLhyphen"/>tulit,</hi>
he spoke words in a publick audience tending to his disparagement:
and the Emperors <hi>Theodosius,</hi>
                           <note place="margin">tit. C. Si quis Imper maled.</note> 
                           <hi>Arcadius</hi> and <hi>Honorius</hi> made a law, <hi>Si quis mo<g ref="char:EOLhyphen"/>destiae
nescius, &amp; pudoris ignarus, improbo petulantique maledicto nomina
nostra crediderit lacessenda,</hi> &amp;c. <hi>That if any man, forgetting shame and mo<g ref="char:EOLhyphen"/>desty,
thought fit to dishonour the Emperors, he should not presently be punish'd:
for if the man were a fool or a light person, the thing was to be despis'd; if he
were a mad man, he was to be pitied; if injurious or angry, he might be for<g ref="char:EOLhyphen"/>given:</hi>
but, <hi>ad nostram scientiam referatur, ut ex personis hominum dicta
pensemus, &amp; utrum praetermitti an exquiri debeant censeamus:</hi> the Princes
would have it referr'd to their cognisance and judgment whether such per<g ref="char:EOLhyphen"/>sons
should be punish'd or no. 5. Let there be no doubtful speeches in pub<g ref="char:EOLhyphen"/>lick
sermons scatter'd amongst the people concerning Princes, for they are
publick <hi>seditions,</hi> not <hi>sermons.</hi> 6. When it is necessary or when it is pru<g ref="char:EOLhyphen"/>dent
that <hi>private</hi> addresses to Princes be with a <hi>sacerdotal freedome,</hi> let it
be in cases of great crimes, and evidently prov'd and evidently vitious,
neither deriv'd from uncertain rumors of the people, nor from trifling sus<g ref="char:EOLhyphen"/>picions,
nor yet be in matters of secret concernment and undiscerned rea<g ref="char:EOLhyphen"/>son.
A Prince may be reprov'd for notorious adultery, or evident murder
against the forms of law; but not so freely in the questions of warres or
judicature: for the Bishops private opinion may be warrant enough for
him to speak it when he is requir'd, but not to reprove a Prince upon pre<g ref="char:EOLhyphen"/>tence
of duty, and by a spiritual authority, when the matter of fact or the
question of right is uncertain.</p>
                     </div>
                     <div n="8" type="rule">
                        <head>RULE VIII. Ecclesiastical Censures are to be inflicted by the
consent and concurrence of the supreme civil
power.</head>
                        <p>BY <hi>Ecclesiastical censures</hi> I mean the <hi>greater</hi> and <hi>lesser</hi> Excommunication.<note place="margin">1.</note>
                           <hi>This</hi> is a separation of a Criminal (who is delated and convict by wit<g ref="char:EOLhyphen"/>nesses,
or by confession voluntary) from the peace and communion of the
Church, till he hath by exterior signes signified his internal repentance:
this is called the <hi>lesser excommunication. The greater</hi> is onely of refractary
&amp; desperate persons, who will be subject to no discipline, make no amends,
return to no goodnesse, and forsake no sinne. These the Church throws
out from her bosome, and shakes the fire from her lap, and quits her self of
the plague: and this is called the <hi>greater excommunication,</hi> or the <hi>anathema.
Both these are bound by the Ecclesiastical power:</hi> but the first is bound that he
maybe purged of his sins; the second, that the Church maybe purged of him.
The first is bound as a man is tied fast that he may be cut of the stone; the
other is bound as a Criminal that is going to execution: he is bound that
he may be thrown into outer darknesse. Not that the Church hath pow<g ref="char:EOLhyphen"/>er
to damne any man, but when she observes a man confirm'd in impiety,
she does antedate the Divine judgment, and secures the sound members, and
tells what will befall him in the day of judgment. In the first case, the pe<g ref="char:EOLhyphen"/>nitent
is like a wandring sheep; in the second he is turn'd a goat or a woolf;
<pb n="248" facs="tcp:58903:435"/>
&amp; by their own acts acts also as well as by the power of the Keyes they are both
bound: the first consents to the Medicin, and the reprobate hath by his own
act incurr'd that death which the Church declares; and both are acts of
discipline, and directly or indirectly consequent to that power which Christ
hath given to his Church of binding and loosing, and to the charge of the
conduct of souls.</p>
                        <p>These two are by the fifth <hi>Roman</hi> Synod under <hi>Symmachus</hi> distin<g ref="char:EOLhyphen"/>guish'd
by the names of <hi>excommunication</hi> (meaning the lesser) and <hi>anathe<g ref="char:EOLhyphen"/>ma.</hi>
                           <note place="margin">2.</note>
                           <hi>He that breaks the decrees of this Synod, let him be depriv'd of the
Communion: but if he will not amend, anathemate feriatur, let him be ana<g ref="char:EOLhyphen"/>thema.</hi>
The same we find in the Synod of <hi>Turon. c.</hi> 25. which commands
that all the curses of the 108 [alias 109] Psalm be cast upon Church-rob<g ref="char:EOLhyphen"/>bers,
<hi>ut non solùm excommunicati, sed etiam anathematizati moriantur;
that they may die not onely excommunicate, but anathematiz'd. They which
are never to be restor'd to the Communion, but are to be accurs'd;</hi> so <hi>Agapetus</hi>
expresses it in his 6<hi rend="sup">th</hi> Epistle. This is called <hi>eradication;</hi> while the lesser
excommunicates are still members of the Church,<note place="margin">Hom. 50. in Psal. 101.</note> as S. <hi>Austin</hi> notes.</p>
                        <p>There is yet a third sort of excommunication,<note place="margin">3.</note> brought in by zeal and
partiality, a willingnesse to rule or to prevail; which is no part of the pow<g ref="char:EOLhyphen"/>er
given by Christ, but taken up as it happen'd; it is not part of Jurisdiction
so much as improper, not an act of the power of the Keyes: and that is a
refusing to communicate with him who is not excommunicate, a punishing
one whom we have no power to punish, a doing that which we have no pow<g ref="char:EOLhyphen"/>er
to doe at all, or to such a person over whom confessedly we have no au<g ref="char:EOLhyphen"/>thority
or jurisdiction. For when this humor was got into the manners
and customes of the Church they made a new distinction; and there was a
<hi>communio cum fratribus,</hi> and a <hi>communio cum omnibus Christianis.</hi> He that
might communicate with the people might not in some cases communicate
with the Priests and Bishops his Brethren. The distinction we find in the
45. Chapter of the Council of <hi>Auxerre,</hi> and in pursuance of it we find one
Bishop refusing to communicate with another. Thus if a Bishop came not to
the Synod of his province it was decreed in the fifth Council of <hi>Carthage,</hi>
                           <note place="margin">Can. 10.</note>
                           <hi>ut Ecclesiae suae communione debeat esse contentus, that he should onely commu<g ref="char:EOLhyphen"/>nicate
with his own Diocese.</hi> The like to which we find in the second Coun<g ref="char:EOLhyphen"/>cil
of <hi>Arles can.</hi>
                           <note place="margin">Vide distinct. 18. cap. placuit. &amp;c. si quis au<g ref="char:EOLhyphen"/>tem, &amp; cap. si quis Episcopus.</note> 19. in the Council of <hi>Tarracon can.</hi> 6. and the Council of
<hi>Agatho</hi> cap. 35. Thus <hi>Epiphanius</hi> Bishop and Metropolitan of <hi>Cyprus</hi> re<g ref="char:EOLhyphen"/>fus'd
to communicate with the Bishop of <hi>Jerusalem,</hi> who was not his suf<g ref="char:EOLhyphen"/>fragan.</p>
                        <p>Concerning which way of proceeding,<note place="margin">4.</note> 1. it is evident that there is no
authority in it, or any thing that is like to jurisdiction, and 2. sometimes
there may be duty, but 3. most commonly there is danger. 1. * There is
evidently no authority: for if the authority were competent and the cause
just, they might proceed to excommunication. But this was sometimes
done by equals to equals, as by Bishop to Bishop, by Church to Church, as
by <hi>Victor</hi> to the Churches of <hi>Asia,</hi> by <hi>Stephen</hi> to the Churches of <hi>Africa,</hi>
and by angry or zealous Bishops to them that were not of their humor or
opinion. Sometimes it was done by inferiors to their superior, the people
withdrawing themselves from their pastor; so the <hi>Samosatenians</hi> refus'd
to communicate with their Bishop that was thrust upon them after the
<pb n="249" facs="tcp:58903:435"/>
expulsion of <hi>Eusebius.</hi> So that evidently in this matter there is no autho<g ref="char:EOLhyphen"/>rity
to verify it.</p>
                        <p>2. Sometimes there may be duty:<note place="margin">5.</note> as if a Bishop be a heretic or an
open vitious person, his Brother that is a Bishop may use that liberty to
him as the people might doe to a Brother that walks disorderly; that is,
withdraw from his society, that he may be asham'd: and if his communica<g ref="char:EOLhyphen"/>ting
with him will give countenance to his heresy, or offence to his people,
he is bound then to abstain and to refuse it: and so is the people tied not
to communicate with their Priest or Bishop, if the condition of his com<g ref="char:EOLhyphen"/>munion
be a sin, or the countenancing of a sin. And thus we find in the An<g ref="char:EOLhyphen"/>nals
of <hi>Spain,</hi> that a daughter of an <hi>Arrian</hi> King of <hi>Spain</hi> suffer'd death
rather then receive the Communion from the hands of an <hi>Arrian</hi> Bishop.
In her case her refusal was duty, and her suffering was Martyrdome, because
her Father impos'd his command of communicating with the heretical Bi<g ref="char:EOLhyphen"/>shop
as a secret allowance of the heresy, which in that case she was to re<g ref="char:EOLhyphen"/>fuse,
and obey God unto the death.</p>
                        <p>But when this does accidentally become a matter of duty,<note place="margin">6.</note> the charity
of our communion is no further to be refus'd then we are oblig'd by our
duty; we are not to refuse it to that person, but for that cause, and there<g ref="char:EOLhyphen"/>fore
in other cases &amp; upon all other accounts we are tied to doe the charity
of Christians. I will not communicate with a <hi>Roman</hi> Priest in his worship
of Images, or in his manner of Praying for the dead, or invocation of Saints;
but I may not refuse to say the Lords Prayer and the <hi>Credo</hi> with him, un<g ref="char:EOLhyphen"/>lesse
by chance it give offence to some weak uninstructed person. I will not
receive the Communion from the hands of him who was ordain'd by a
Presbytery without a Bishop; because his hand is a dead hand, and reaches
me nothing: but <hi>because he is my Brother,</hi> I will not refuse to give him the
Communion if he will require it at my hand, which was made sacred by
the Holy Ghost invocated by the prayer and the lifting up of the Bishops
hand. I will not come to their Communions; but if they would use good
formes of Liturgy, and preach well, I would not refuse to communicate
in such assemblies: unlesse (as I said before) I be accidentally hindred by
some other duty drawing me off a while.</p>
                        <p>But then thirdly, when it is not an expresse and a clear duty,<note place="margin">7.</note> it is al<g ref="char:EOLhyphen"/>wayes
a great danger, an occasion of schisms and divisions in the Church,
and consequently may be an infinite breach of duty, a certain violation of one
vertue, for the uncertain preservation of another: it is commonly the
daughter of spiritual pride, an accounting of our selves more holy then our
Brethren, whom by such meanes we oftentimes provoke to jealousies and
indignation; and so sometimes altars are erected against altars, and Pul<g ref="char:EOLhyphen"/>pits
turn to cock-pits, and seates of scorners and of proud and illiterate de<g ref="char:EOLhyphen"/>clamations.
Upon this account Christendome hath bled for many ages.
The division of the East from the Western Churches, and in the West
the division of <hi>Rome</hi> from divers Churches, the Protestants and Reformed,
came in at this door; while one Church either pretends the singularity of
truth, or the eminency of authority over other Churches: by which two
things the Church of <hi>Rome</hi> hath been author of the permanent and greatest
schisms of Christendome. For indeed little better can be expected when
the Keys of the Church, which were given for the letting in or shutting out
<pb n="250" facs="tcp:58903:436"/>
of single criminals or penitents respectively, are us'd to oppose multitudes.
A man may lock his chamber-door, but he cannot put a lock upon the
Ocean:<note place="margin">Contr. Epist. Parmen. l. 3. c. 2.</note> and it was wisely said of S. <hi>Austin,</hi> that <hi>to excommunicate a single
person cannot make a schism, unlesse the multitude favour him;</hi> intimating
that a multitude is a dangerous thing to be involv'd in censures. <hi>The King
nor the people are not to be excommunicated,</hi> is an old Rule. For if the
whole multitude be excommunicate, with whom shall we communicate? if
great parts of them be, they plainly make a schism, if they unwillingly
suffer the censure; and therefore that one Church should doe this to ano<g ref="char:EOLhyphen"/>ther
is very hardly possible to be done with wisedome, or charity, or neces<g ref="char:EOLhyphen"/>sity.
For when S. <hi>Paul</hi> bad his flock to abstain from the society of forni<g ref="char:EOLhyphen"/>cators,
he told them he meant it onely in the smal numbers of the Brethren,
where, it may be, one or two in a Diocese or city of that religion might be
criminal; for he would not have them to <hi>goe out of the world</hi> to keep that
Canon, and therefore meant not to involve the multitudes of fornicators
which were in the world. But now he that excommunicates a Church,
either does nothing at all, or he obliges every one in that Church to sepa<g ref="char:EOLhyphen"/>rate
from that multitude; and then if he must not goe out of the world, he
must goe out of that Country, which no spiritual power can command,
and which the Apostle never did intend, as appears in his caution and the
whole Oeconomy and reason of that Canon.</p>
                        <p>But I am to adde this also,<note place="margin">8.</note> That there is scarce any case practicable in
which, if it be indifferently permitted to the people to separate from the
communion of their superior, it will not very quickly proceed to mischief
and become intolerable; a remedy worse then the disease. When <hi>Nestorius</hi>
had preach'd these words,<note place="margin">S. Cyril. Ep. 18. ad Caele<g ref="char:EOLhyphen"/>stinum.</note> 
                           <hi>whoever shall say that the Virgin Mary is the Mo<g ref="char:EOLhyphen"/>ther
of God, let him be accursed,</hi> the people had reason to be offended; but
they did ill when they made a tumult: for when the people are stirred, zeal is
the worst thing about them. Thus when the two Deacons of Pope <hi>Vigilius</hi>
were displeased with their Bishop in the cause of the three articles which
the Pope had condemn'd in the fifth General Council, they very pertly with<g ref="char:EOLhyphen"/>drew
themselves from his communion; and the effect of it was, that almost
all the <hi>Roman</hi> Church and divers other Western Churches did so: and so
did the people of <hi>Istria</hi> to their Bishops in the same cause,<note place="margin">Paulus Diacon. degest. Longob. lib. 3. c. 12.</note> and so did many
more: and the evil grew so great, when every one would as he pleas'd with<g ref="char:EOLhyphen"/>draw
himself from the communion of their Bishop or Priest, that it was
under great penalty forbidden by the eighth Synod the tenth Chapter.</p>
                        <p>But this may be done in these following cases.<note place="margin">9.</note>
                        </p>
                        <p>1. When the superior hath manifestly erred in faith, that is, in an ar<g ref="char:EOLhyphen"/>ticle
of his Creed, or a plain proposition of Scripture, or in an article esta<g ref="char:EOLhyphen"/>blished
or declar'd by that authority which hath bound him and them
equally, and in which they conceive no error. Thus the Priests and peo<g ref="char:EOLhyphen"/>ple
of <hi>Constantinople</hi> withdrew themselves from the communion of <hi>Euno<g ref="char:EOLhyphen"/>mius,</hi>
                           <note place="margin">Theodoret. lib. 4. c. 14.</note>
because he erred in an article determined by the whole Church, and
established by the laws of Emperors, and as they believed clearly declar'd
in Scripture. But when <hi>Plato</hi> the Monk withdrew himself from the com<g ref="char:EOLhyphen"/>munion
of <hi>Tarasius</hi> the Patriarch of <hi>Constantinople</hi> because he refus'd to
excommunicate the Emperor,<note place="margin">Baron. A. D. 795.</note> it was an insolence fit to be chastis'd by the
rod of Ecclesiastical discipline.</p>
                        <p>
                           <pb n="251" facs="tcp:58903:436"/>
2. Priests may withdraw themselves from the communion of their
Bishop,<note place="margin">10.</note> and people from the communion of their Priests, in things declar'd
by laws to be against the peace of God and the Church, when the fact is
evident and notorious. But this is not to be done by single persons, but
by the whole community: and the reason is, because the fact is not evident,
or not scandalous to that degree as to deserve this canonical punishment,
unlesse the congregation be offended, or the congregation note it; for
though the Bishop be more publick then any single person, yet he is not
more publick or of more concernment then all his Diocese. These parti<g ref="char:EOLhyphen"/>culars,
that is,<note place="margin">in Josu. Hom. 7.</note> this leave and this caution I have from <hi>Origen,</hi> explicating in
what sense we are bound to cut off our right hand. <hi>Ego qui videor tibi ma<g ref="char:EOLhyphen"/>nus
esse dextra, &amp; Presbyter nominor, &amp; verbum Dei videor praedicare, si ali<g ref="char:EOLhyphen"/>quid
contra Ecclesiasticam disciplinam &amp; Evangelii regulam gessero, ita ut
scandalum tibi Ecclesia faciam, in uno consensu Ecclesia conspirans excidat
me dextram suam, &amp; projiciat à se. If I that am thy right hand, and preach
the word of God, doe any thing against the discipline of Gods Church and the
rule of the Gospel, so that I give offence to the whole Church, let the whole
Church consenting together cut me off and throw me away.</hi>
                        </p>
                        <p>3. But all this is to be understood to be done by permission or autho<g ref="char:EOLhyphen"/>rity
of the Prince,<note place="margin">11.</note> in case he shall interpose, because where publick divisi<g ref="char:EOLhyphen"/>ons
and breach of peace are in agitation, the Common-wealth is more con<g ref="char:EOLhyphen"/>cerned
oftentimes then religion; and therefore where the laws of God
doe not intervene, the laws of the King must, or the whole separation
is a sin. And therefore we find that when <hi>Gregory</hi> the first, Bishop of <hi>Rome,</hi>
had thus refus'd to communicate with <hi>John</hi> Bishop of <hi>Constantinople,</hi> he was
commanded by the Emperor <hi>Mauritius</hi> to communicate with him. And
it is very fit that such heats and private judgments and zealous, but unne<g ref="char:EOLhyphen"/>cessary,
proceedings should be kept from inconveniences by such publick
persons who are to take care of peace and of the publick. For if such se<g ref="char:EOLhyphen"/>parations
be not necessary, they are not lawful; and if they be not the one<g ref="char:EOLhyphen"/>ly
way to avoid a sin, they are a ready way to commit one. For because
every mans cause is right in his own eyes, when such heats as these happen
between confident persons, every man is judge in his own cause; and what
is like to be the event of such things, all the world can easily imagine.</p>
                        <p>But now concerning those other two proper kinds of excommunica<g ref="char:EOLhyphen"/>tion,<note place="margin">12.</note>
the greater and the lesser, they have the same consideration, if we
mean them according as the Church now uses them; that is, if they be im<g ref="char:EOLhyphen"/>pos'd
upon men against their will. For as for the lesser excommunication,
so as it was us'd in the Primitive Church, and so as the Church of <hi>Eng<g ref="char:EOLhyphen"/>land</hi>
wishes it were now restor'd, when penitents came and submitted them<g ref="char:EOLhyphen"/>selves
to the discipline of the Church, and had exercises, stations and peni<g ref="char:EOLhyphen"/>tential
times allotted to them, and were afterwards with joy and comfort
restor'd to the peace of the Church, it is a ministery done by consent, and
without any evil, and no man hath to doe with it. But if the consent of the
Criminal be not in it, the Bishop cannot compel him; but the Bishop and
the King can. And therefore we find that the Emperors made laws in
this very particular; and <hi>Justinian</hi> in his 123 <hi>Novel</hi> commanded that
no Ecclesiastic person should excommunicate any one, unlesse the cause
were first approved. Which law was commended by the Council of <hi>Paris</hi>
under <hi>Ludovicus;</hi> and by <hi>John</hi> the 8<hi rend="sup">th</hi>, who upon the authority of that
<pb n="252" facs="tcp:58903:437"/>
law inhibited some Bishops from excommunicating one <hi>Bichertinus.</hi>
                        </p>
                        <p>By this I doe not mean to say that the Ecclesiastical judge hath not
power to deny a Criminal the peace and communion of the Church,<note place="margin">13.</note> by
declaring him to be unworthy to communicate; but because as the laws and
as the customes of the world are now, there is disgrace, and there is tem<g ref="char:EOLhyphen"/>poral
evil consequent to such Ecclesiastical separations, the Bishop can be
restrain'd in the actual exercise of his spiritual authority, if there be any
thing in it of temporal concernment.</p>
                        <p>And therefore if the Bishop did excommunicate any of the Princes
servants,<note place="margin">14.</note> or any whom the Prince had a mind to communicate and con<g ref="char:EOLhyphen"/>verse
withall, the censure was to be revers'd; <hi>ut quod principalis pietas re<g ref="char:EOLhyphen"/>cipit,
nec à sacerdotibus Dei alienum habeatur,</hi> as the Fathers of the 12<hi rend="sup">th</hi>
Council of <hi>Toledo</hi> did decree;<note place="margin">Cap. 3.</note> that what the piety of the Prince does re<g ref="char:EOLhyphen"/>ceive,
the Bishops may not reject. For to avoid the company of any per<g ref="char:EOLhyphen"/>son
is an effect of excommunication indeed, but not inseparable: and be<g ref="char:EOLhyphen"/>cause
to converse with any of his subjects is a right of Kings that none of
his Bishops can devest him of, the Bishop can excommunicate no man with<g ref="char:EOLhyphen"/>out
the Kings leave; that is, he cannot separate him from the society of
the faithful. And therefore <hi>Ivo</hi> Bishop of <hi>Chartres</hi> justified himself upon
this account for conversing with one <hi>Gervasius</hi> that was excommunicate.
<hi>Pro Regia enim honorificentia hoc feci fretus authoritate legis,</hi>
                           <note place="margin">Epist. 62.</note> 
                           <hi>si quos culpa<g ref="char:EOLhyphen"/>torum,</hi>
&amp;c. I did it (saith he) relying upon the authority of the law, and
for the honourable regard of the King. And this he advises to others also,
in his 171 Epistle: and S. <hi>Anselme,</hi> though he was extremely troubled with
the Popes peevish injunctions against the King of <hi>England</hi>'s right in the
matter of Investitures, yet in his Epistle to Prior <hi>Ernulph</hi> he gives leave that
though he durst not by reason of the Popes personal command to the con<g ref="char:EOLhyphen"/>trary,
yet they might communicate with those whom the Pope had excom<g ref="char:EOLhyphen"/>municated
for receiving Investitures from the King. Now although this
appendage of excommunication, that is, abstention from the civil society
of the Criminal, is wholly subject to the lawes and power of Princes; yet
the spiritual part of the excommunication, that is, a separation from the
communion by declaring such a person to be unworthy, and using to him
the word of his proper ministery, is so wholly under the power of the Ec<g ref="char:EOLhyphen"/>clesiastic
order, that when the King commands that the company of the
excommunicate should not be avoided, yet the man is not absolved from his
sentence in the Court of Conscience, but is bound to satisfy the Church if
she have proceeded legally and canonically. The King can take off the
temporal penalty, but not the spiritual obligation; that is, the man is not
to demand the Sacrament till he be absolved. If the King commands it,
the Bishop must not deny his externall ministery: but the man sins that de<g ref="char:EOLhyphen"/>mands
it, because he communicates unworthily, that is, by a just power,
but not by a just disposition. He must repent of his crime before he can
come innocently.</p>
                        <p>For it is to be observed that in this affair one part concerns the Cri<g ref="char:EOLhyphen"/>minal,<note place="margin">15.</note>
and another concerns the people. The Criminal is bound to ab<g ref="char:EOLhyphen"/>stain
from the communion: that duty is incumbent upon him, because he is
judg'd to be unworthy of it by that authority which he is bound to trust,
in case there be no apparent error. But to be thrust from civil society is
<pb n="253" facs="tcp:58903:437"/>
not directly any duty of his, but is incumbent on the people. Now though
the Bishop can in some cases advise this, yet in a Christian Common-wealth
he cannot without leave command it: and therefore the censure or judg<g ref="char:EOLhyphen"/>ment
of the Church is to have effort upon the Conscience of the guilty,
and this invades no mans right; it is for his good that is concerned, and is
wholly a spiritual power, and intrenches not upon the civil right of any
man, much lesse upon the publick and supreme power. * In the lesser ex<g ref="char:EOLhyphen"/>communication,
if the subjects be not voluntary, or be not subjected by
him that hath the power over them, that is, the King, they cannot be com<g ref="char:EOLhyphen"/>pell'd
by the Bishop to any external act or abstention. But if they doe
themselves submit, or are submitted by their supreme, they are bound
not onely to obey the censure of the Church, but themselves to goe
away from company that know not of this calamity: as I have<note n="*" place="margin">Chapt. 2. Rule. 2. Num. 15</note> already in<g ref="char:EOLhyphen"/>stanc'd.</p>
                        <p>3. The sentence of the greater excommunication,<note place="margin">16.</note> though to be esti<g ref="char:EOLhyphen"/>mated
in many particulars by the former measures, yet hath in it something
of particular consideration. This is the great <hi>Anathema Maranatha,</hi> the
excision of a man from the body of the Church; without which body, who<g ref="char:EOLhyphen"/>soever
is in that manner justly separate, there is no salvation to him: and this
the Church called by the name of <hi>anathema.</hi> Not that whenever the
word <hi>anathema</hi> is us'd, the greater excommunication is signified; for it is
very often us'd as an earnest expression of the dislike of a thing: so the
Clergy of <hi>Edessa,</hi> when they purg'd their Bishop <hi>Ibas</hi> of the Crimes ob<g ref="char:EOLhyphen"/>jected
to him in the Council of <hi>Chalcedon,</hi>
                           <note place="margin">Act. 10.</note> they solemnly protested they
knew no evil of him, <hi>anathematizantes nosmetipsos, &amp; terribili gehennae
nosmetipsos obnoxios facientes, si novimus, anathematizing themselves and
exposing themselves to the guilt of eternal damnation if they knew any such
thing.</hi> Such <hi>anathemata</hi> are denounc'd against sacrilegious persons in the
donatives made to the Church: and thus divers Councils doe pronounce
<hi>anathema</hi> to false propositions,<note place="margin">Cod. de summa Trinit. l.</note> and <hi>Justinian</hi> in the Code uses the same
execration against certain heresies. Now to such an <hi>anathema</hi> as this all
persons can be subject, Kings and Princes, Bishops and Priests, Multitudes
and single persons. There is nothing considerable in this, but that the cause
be great and worthy: for whoever he be that works abomination, let him
be who will, yet he is <hi>abominable,</hi> and shall be separated from the com<g ref="char:EOLhyphen"/>munion
of Saints in the day of the <hi>New Jerusalem.</hi>
                        </p>
                        <p>But the inquiry that remains is concerning the great <hi>anathema</hi> or ex<g ref="char:EOLhyphen"/>cision
of obstinate criminals from the body of the Church,<note place="margin">17.</note> which is the
onely excommunication that Christ gave in commission and warranty. For
so the Fathers expound those words of Christ, <hi>But if he will not hear the
Church, let him be unto thee as an heathen and a publican;</hi> that is, not to be
esteem'd for a Brother,<note place="margin">in Psal. 5. poe<g ref="char:EOLhyphen"/>nit. in it. Tract. 27. in Johan.</note> or a Christian, saith S. <hi>Gregory; quia neque influxum
habet à capite, neque participat de Spiritu Christi,</hi> saith S. <hi>Austin, he neither
hath any influence from the head, nor partakes of the Spirit of Christ.</hi> This
man the Church does not pray for, does not pray with, does not communi<g ref="char:EOLhyphen"/>cate,
does not hope well of; he receives no assistance and gifts of grace
from the holy Spirit of God: and S. <hi>Jude</hi> sayes, his works are <hi>gone
aforehand unto judgement. Videlicet peccator gravis &amp; scandalosus, noto<g ref="char:EOLhyphen"/>rius,
aut accusatus &amp; convictus, he who is a grievous and a scandalous sin<g ref="char:EOLhyphen"/>ner,
notorious or convict, being <gap reason="illegible" resp="#TECH" extent="2 letters">
                                 <desc>••</desc>
                              </gap>prov'd by the Bishop in the publick assemblies
<pb n="254" facs="tcp:58903:438"/>
of the Church, if he will not be humbled, but remains incorrigible and perse<g ref="char:EOLhyphen"/>veres
in his scandalous sinnes, tum anathemate feriendus est, &amp; à corpore Ec<g ref="char:EOLhyphen"/>clesiae
separandus, then he is to be smitten with the anathema, and to be se<g ref="char:EOLhyphen"/>parated
from the body of the Church:</hi> so.<note place="margin">ubi suprà</note> 
                           <hi>Gregory.</hi> To this there is nothing
else consequent, but that the man, unlesse he timely and mightily repent,
will be damned; and in the mean time that every man account him to
be no Brother, and have no entercourse with him, but as with a Turk or a
Jew.</p>
                        <p>Now concerning this,<note place="margin">18.</note> he that is in Ecclesiastical authority, and hath
received the holy order, hath this power; and he that hath a charge can
minister this power: and so long as nothing temporal and secular is mingled
with it, the Bishop can doe it wholly by his spiritual authority; and in this
he does nothing depend on the supreme Civil power, save that he be per<g ref="char:EOLhyphen"/>mitted
to exercise his spiritual office. For though it be true that any Bi<g ref="char:EOLhyphen"/>shop
can by the Civil power be hindred from ministring in publick assem<g ref="char:EOLhyphen"/>blies,
for he may be banished or depos'd, and another put in his chair, or
all his offices may be suspended <hi>quoad exercitium actus</hi> (as the Schools speak)
so that he may not exercise his power; yet a Bishop that hath a flock, that
is permitted actually to doe what Christ hath impower'd him to doe, can
by his own sole authority inflict this sentence upon scandalous and refra<g ref="char:EOLhyphen"/>ctary,
disobedient and impenitent, rebellious and persevering sinners: and
if the Church could not doe this, she had not power sufficient to the ends
of her designation; she were no body politic, but without government and
power;<note place="margin">Matth. 18. 15, 16, 17, 18.</note> and all that discourse of our Blessed Saviour in the 18<hi rend="sup">th</hi> of S. <hi>Mat<g ref="char:EOLhyphen"/>thew,</hi>
and his commands of delating refractary Criminals to the Church,
&amp; the promise to verify in heaven what they shall reject on earth, were words
signifying nothing and of no effect. But because no wise man will imagine
that it must follow that the Ecclesiastic state, they to whom Christ pro<g ref="char:EOLhyphen"/>mised
to give the keyes of the Kingdome of heaven, they who are Stew<g ref="char:EOLhyphen"/>ards
of the houshold and dispensers of the mysteries of the Gospel, have
this power subjected in themselves independently from the Civil power,
as they have a power to baptize, and to consecrate, and to ordain Ministers
of religion; and they can no more be hindred from one then from the o<g ref="char:EOLhyphen"/>ther;
they may <hi>de facto,</hi> and they may by a competent power, but if they
be, it is persecution. That this Bishop or that, that <hi>Cyprian</hi> or <hi>Silvester,</hi>
that <hi>Valerius</hi> or <hi>Augustine</hi> should be the man, is under the power of the Ci<g ref="char:EOLhyphen"/>vil
Magistrate; but the man that is permitted to use the powers Christ put
into his hand, can upon persons so disposed pronounce God's <hi>anathema</hi> and
the Churches.</p>
                        <p>Now the reason of the difference why the Bishop cannot doe this in
the lesser excommunication,<note place="margin">19.</note> and yet can in the greater, is this, because the
greater is of Divine institution, and the other is of humane, never us'd but
by consent, or by a superinduc'd civil authority, and therefore must still
depend upon the causes of it's being. Adde to this, there is a precept an<g ref="char:EOLhyphen"/>nexed
to this power: there is a double duty; the Bishop is to separate the
vile from the precious, the leprous from the sound, and the people are to
take heed of such impure mixtures. But in the lesser excommunications
there may possibly be something of prudence; yet as there is no proper
authority in the Ecclesiastical superior but what is given him by consent,
so there is no obligation or duty in the subjects: it is well when they submit
<pb n="255" facs="tcp:58903:438"/>
to this discipline, and goe to be cur'd by the publick hands even for every
malady; but they are not bound to this: but if they be delated or be noto<g ref="char:EOLhyphen"/>rious
and great Criminals, here the Church is warranted by God to pro<g ref="char:EOLhyphen"/>ceed
to discipline, and to separation and excision of the refractary. This
onely hath effort upon the soul; but the lesser excommunication is a
discipline of Ecclesiastical institution; and so is that <hi>denying of commu<g ref="char:EOLhyphen"/>nion</hi>
to equals or superiors, and so is <hi>irregularity,</hi> and so is <hi>refusing to men<g ref="char:EOLhyphen"/>tion
a name</hi> in our collects and publick or private prayers, and so is <hi>suspen<g ref="char:EOLhyphen"/>sion</hi>
and <hi>interdict, degradation</hi> and <hi>deposition:</hi> they are all of Ecclesiastical
positive constitution, no part of the power of the Keyes, nothing of Di<g ref="char:EOLhyphen"/>vine
authority; but are introduc'd by the consent of Churches, and veri<g ref="char:EOLhyphen"/>fied
by custome, consent and the laws of Princes, and so come accidentally
to passe an obligation, but effect nothing directly upon the soul. That is a
peculiarity of the greater excommunication: and that which stands next
to it is the lesser excommunication; which although it be <hi>humanum inven<g ref="char:EOLhyphen"/>tum</hi>
and of positive institution, yet because it is a part of the greater, and
proceeds in the same way, upon lesser causes, but to designes of charity and
edification, it is an use of the spiritual sword, it is the lancing of a sore, but
not the cutting off a dead part; but it may be admitted to be a consequent
of the power of binding or loosing, and so I have already call'd it<note n="*" place="margin">Numb. 1. of this Rule.</note>. For it
is a part of that intermedial monition which Christ hath in general commis<g ref="char:EOLhyphen"/>sionated
his Ministers and guides of the Church to make. If an offendor
will not mend by private, and by a more publick admonition, <hi>tell it to the
Church;</hi> then the Church is to doe something when the stubborn criminal
is delated to her. The Church must try if he will repent upon her monition:
for then the Ecclesiastical Rulers are to exhort him into repentance, to re<g ref="char:EOLhyphen"/>prove,
to correct, to doe what spiritual Fathers ought to doe: the particu<g ref="char:EOLhyphen"/>lars
of which because they are not specified by our Blessed Lord, they are
left to the prudence of the Ecclesiastical Governours; so that the general
Discipline is warranted, but the particular is left to their choice who by the
analogies of the consequent power of the Keyes can proceed by lesser and
an intermedial processe. But the power of the Keyes is given in order to
something that is to be done afterwards. For that is onely the warranted
and expresse authority, and that which imitates coercitive jurisdiction the
nearest, that those be cut off from the Church who by their voluntary sub<g ref="char:EOLhyphen"/>mission
will not amend and submit to the paternal rod &amp; gentle correption.</p>
                     </div>
                     <div n="9" type="rule">
                        <head>RULE IX. Excommunication inflicted upon a light cause binds
externally, but not internally; but if it be in<g ref="char:EOLhyphen"/>flicted
upon an unjust cause, it binds not at all.</head>
                        <p>THis latter part of the Rule is evident and consented to by all.<note place="margin">1.</note> For in
this the Civil and Ecclesiastical power differ. The Civil power, if it
condemns the Innocent, hath effect upon him, and does afflict or put him
to death: But the Ecclesiastical power does nothing, unlesse the man hath
done the mischief to himself. For God having undertaken to verify what
the Church does, it must be suppos'd that the Church must doe right, else
<pb n="256" facs="tcp:58903:439"/>
God will not verify it; and then it signifies nothing, but that the Gover<g ref="char:EOLhyphen"/>nours
Ecclesiastical have sinn'd.<note place="margin">in Jerem. c. 23.</note> 
                           <hi>Ejiciunt oves qui contra justitiam de Eccle<g ref="char:EOLhyphen"/>sia
separant,</hi> saith S. <hi>Hierom, They that against right cast a man from the
Church,</hi> they are ill shepherds, and <hi>drive the sheep from their folds</hi> where
Christ loves to see them: and therefore <hi>Alexander</hi> the second 24. <hi>q.</hi> 1. <hi>c.
Audivimus,</hi> sayes that: <hi>unjust excommunications are not to be slighted and
neglected;</hi>
                           <note place="margin">De vita spirit. an. lect. 2. ad em.</note> and <hi>Gerson</hi> sayes, <hi>it is honorable to the Church that such a Prelate
should be resisted to his face.</hi> But this in case of injustice and manifest abuse:
such are those excommunications in the <hi>Bulla coenae Domini,</hi> 
                           <gap reason="illegible" resp="#TECH" extent="1 letter">
                              <desc>•</desc>
                           </gap>n which those
persons who doe their duty, who doe not consent to the errors and abuses
of the Church of <hi>Rome,</hi> who read good books that discover their horrible
impieties, are excommunicated: it is <hi>Brutum fulmen;</hi> it is harsh as the noise
of peacocks, but does no more harm to them that are intended.</p>
                        <p>But now in the other part of the Rule there is difficulty,<note place="margin">2.</note> and it is oc<g ref="char:EOLhyphen"/>casion'd
by a discourse of S. <hi>Leo</hi> in his 93. Epistle; <hi>Let not the Communion
be easily or lightly denied to any Christian, nor at the pleasure of every angry
Priest; because the mind of the avenger ought unwillingly and with a kind of
grief to proceed to the infliction of vengeance even upon a great guilt. For
we have known some for slight actions and words excluded from the grace of
the Communion, and a soul for which the bloud of Christ was shed, by the
infliction of this so severe a punishment wounded, and as it were disarm'd
and spoil'd of all defence, expos'd to the assaults of the Devil, that it might be
easily taken.</hi>] By which words. S. <hi>Leo</hi> seems to say that he who for a tri<g ref="char:EOLhyphen"/>fling
cause is excommunicate, does neverthelesse feel all the evils of that
greatest censure. He sayes well and true: But he does not say that he is
separate from God, that he shall perish everlastingly, that God will in hea<g ref="char:EOLhyphen"/>ven
verify what is done upon earth; but he reproving this impiety, that the
greater excommunication should be inflicted for trifles, tells the real evils
which doe follow: for the excommunicate being separate from the com<g ref="char:EOLhyphen"/>munion,
denyed the prayers of the Church, banish'd from the communion
of Saints, is devested of all these excellent helps and spiritual defensatives
against the power of the Devil. Now this is very true, though the cause
were wholly unjust; and much more if the cause be something, though not
sufficient. <hi>De facto</hi> the man is depriv'd of the helps of the Church, and
the advantage of holy Ordinances: and though God will, if the man be a
good man and devout, hear his private prayers, and supply him with secret
strengths, and in his behalf rebuke the Devil; yet it was a worthy cause of
complaint in S. <hi>Leo,</hi> to consider that this evil was done for little things, and
that for so small occasions God should be put to his extraordinary way, and
the man be depriv'd of the blessings of the ordinary.</p>
                        <p>But whether this sentence so slightly inflicted doe really bind the
soul before God,<note place="margin">3 Tract. 6. in Matth.</note> is a question which <hi>Origen</hi> inquir'd into, but durst not
affirm it; but concludes that it obliges in the Church and before men:
for whether it obliges before God or no, <hi>Deus scit; nos autem pronun<g ref="char:EOLhyphen"/>ciare
non possumus, secundum quod scriptum est, Nolite judicare</hi>] God
onely knows, but we must not judge. But yet if it be his unhappy
lot to fall into such a calamity, <hi>factum valet, fieri non debuit;</hi> the eccle<g ref="char:EOLhyphen"/>siastical
Ruler did very ill in it, yet the man is bound to the Church. <hi>Qui
ergor in peccato levi correptus … non se emendat, nos quidem sic eum debe<g ref="char:EOLhyphen"/>mus
habere quasi publicanum &amp; ethnicum, abstinentes ab eo, ut confundatur,
<pb n="257" facs="tcp:58903:439"/>
He therefore that is taken and excommunicate for a small fault, and will not
amend, we must esteem him as a Heathen and a Publican, that he may be
ashamed.</hi> Indeed the Church hath put a heavy and an unequal load upon
such a person, and hath erred greatly; for no man is to be separate from
the Church of God, but he that separated himself from God, and hath left
his duty: but therefore if the Church doe excommunicate him whose
action or words though it be faulty, yet it can consist with the state of a
good man, and does not destroy the love of God, the censure was too
heavy as to the external, and false as to the internal; for the man is not
fallen from God, but does communicate with the Head, and continues to
receive of the Spirit of Christ.</p>
                        <p>But yet even such a man is bound externally: for this is the meaning
of that famous saying of S. <hi>Gregory, Pastoris sententia etiam injusta timenda
est,</hi>
                           <note place="margin">In Evange. Homil. 26.</note> 
                           <hi>The sentence of a Bishop though it be unjust is to be fear'd;</hi> that is, though
it be in a cause that is not great and competent enough, but if it be in a
light matter, yet it is to be feared; not onely because the man is depriv'd
of the prayers and communions of the Church (which though it happen to
an innocent person is a great evil, and therefore is to be fear'd, though it be
in all senses unjust) but also because it binds the man that is deprehended
even in a light fault, to submit to the judgment and satisfactions of the
Church. The burden is very great, and ought not to have been impos'd;
but when it is it must be suffer'd, because no repentance can be too great
for any sinne: and although the Bishop made a false judgment concerning
the man, and he does not stand so before God as before the Church, that
is, for his first little offence; yet being censur'd and unfortunate, if he
refuses to obey that which is indeed too much to be impos'd, but will doe
him no hurt, it is not his first little sin, but his great contempt that is to
be accounted for before God with the greatest severity.</p>
                        <p>But then if it be inquir'd in what cases onely excommunication may be
lawfully inflicted; the answer is easy; but I chuse to give it in the words
of the Fathers,<note place="margin">In Josue. Homil. 21.</note> because there is in this case reason and authority <gap reason="illegible" resp="#TECH" extent="1 word">
                              <desc>〈◊〉</desc>
                           </gap> 
                           <hi>Ubi
peccatum non est evidens, ejicere de Ecclesia neminem possumus, <gap reason="illegible" resp="#TECH" extent="1 word">
                                 <desc>〈◊〉</desc>
                              </gap> forte
eradicantes zizania, eradicemus simul cum ipsis etiam triticum:</hi> So <hi>
                              <gap reason="illegible" resp="#TECH" extent="1 letter">
                                 <desc>•</desc>
                              </gap>rigen.
Unless the fact be evident, no man must be excommunicate, for else we may
peradventure root up the wheat with the tares.</hi> But that's not enough.</p>
                        <p>2.<note place="margin">6.</note> No man must be excommunicate but he that is <hi>peccator gravis &amp;
scandalosus,</hi>
                           <note place="margin">In 5 Penit. Psal.</note> 
                           <hi>a grievous and a scandalous sinner;</hi> so S. <hi>Gregory:</hi> and like to
this is that of <hi>Aristotle,</hi> 
                           <gap reason="foreign">
                              <desc>〈 in non-Latin alphabet 〉</desc>
                           </gap>,
We must not separate from every sinner; but from the intolerable
and malicious. For what should a man proceed to violent remedies, when
a gentle application will make the cure? and for a trifling cause to cut a
man off from the communion of the Church, is to doe as the man <gap reason="illegible" resp="#TECH" extent="1 word">
                              <desc>〈◊〉</desc>
                           </gap> the
fable, that espying a fly upon his neighbours forehead; went to put it off
with a hatchet, and struck out his brains. And therefore the Fathers in the
Council of <hi>Worms can.</hi> 2. decreed, <hi>Ut nullus Sacerdotum quenquam rect<gap reason="illegible" resp="#TECH" extent="1 letter">
                                 <desc>•</desc>
                              </gap> fidei
hominem pro parvis &amp; levibus causis à communione suspendat: praeter e<gap reason="illegible" resp="#TECH" extent="1 letter">
                                 <desc>•</desc>
                              </gap>s cul<g ref="char:EOLhyphen"/>pas
pro quibus antiqui patres arceri jusserunt aliquid committentes.</hi> In the in<g ref="char:EOLhyphen"/>fliction
of Censures the Church should follow the practice of the primitive
Fathers, excommunicating no true believer but for some very grievous fault.</p>
                        <p>
                           <pb n="258" facs="tcp:58903:440"/>
3. Neither is this sufficient of it self: a scandalous sin alone is not
enough,<note place="margin">7.</note> for excommunication is the last remedie. <hi>Omnia prius tentanda
quam bello experiendum;</hi> when nothing else will doe it, then this is to be us'd:
for if the man will be amended by private correction, or by publick admo<g ref="char:EOLhyphen"/>nition,
if he be ready to hear his brother, or to obey the Church, why
should he be esteemed as a heathen man and a publican? <hi>Si non audierit
ecclesiam,</hi> is the condition of using the keyes; <hi>if he will not hear the Church:</hi>
so it is in the Charter, if being publickly convict and reprov'd by the Bi<g ref="char:EOLhyphen"/>shop,
he will not be humbled, but remains incorrigible and perseveres in his
sin, then he is to be excommunicated and smitten with the anathema. Like
to this is that of <hi>Chrysippus,</hi> 
                           <gap reason="foreign">
                              <desc>〈 in non-Latin alphabet 〉</desc>
                           </gap>.
Some
things are to be turned from, with our head a little aside; and from some
things we must run away. Some things are more earnestly to be avoided;
and from others we must be parted for ever. So S. <hi>Gregory</hi> in the place
above cited. <hi>Spirituali gladio superbi &amp; contumaces necantur dum de Ec<g ref="char:EOLhyphen"/>clesia
ejiciuntur,</hi>
                           <note place="margin">Lib. 1. ep. 11.</note> so. S. <hi>Cyprian, The proud and the contumacious are slain by
the spiritual sword when they are thrown out of the Church. Inobediens trun<g ref="char:EOLhyphen"/>catur,</hi>
is S.<note place="margin">Epist. 1.</note> 
                           <hi>Hierom's</hi> expression, He that is rebellious or disobedient to
the discipline and correction of the Church, he is to be cut off.</p>
                        <p>Now all these must be joyned together.<note place="margin">8.</note> If the fact be not notorious
or prov'd, a man must be so severely smitten we know not why. And
if the fact be evident, yet unless it be great, it deserves not the biggest
punishment. For the judge is cruel, and not just, that puts a man to death
with torments for spitting in his parlour: and the judgment of the Church
being nothing else but an effective and terrible declaration of the judgment
of God, must not be exterminating and final for things of little concern<g ref="char:EOLhyphen"/>ment,
but according to the wisedome which we see, and the mercy which
we hope for. And after all, if it be evident and great, yet the last remedy
must not be us'd at first; and a man will not have his arm cut off for a
felon upon his finger, or the gout in his wrist, or an ulcer that can by any
other means be cur'd. But when in a great pestilence and danger of in<g ref="char:EOLhyphen"/>fection
there is no other remedy; when the fire rages desperately, and
can by no other means be stopp'd; then pull the house down, and separate
the infected from the city; he is fit for nothing but charnel-houses, and the
society of the dead.</p>
                        <p>4. This caution <hi>Gerson</hi> instances in pecuniary matters.<note place="margin">9.</note> For (saith he)
not ever contumacy against the orders of Courts Ecclesiastical is to be
punish'd with this death.<note place="margin">De vita Spirit. anim. lect. 4. corol. 7.</note> If it be in matters of faith or manners, then the
case is competent: but when it is a question of money and fees, besides
that the case is full of envy and reproach, apt for scandal and to bring con<g ref="char:EOLhyphen"/>tempt
upon the Church, the Church hath no direct power in it; and if it
have by the aide of the civil power, then for that a civil coercion must be
us'd. It is certainly unlawful to excommunicate any man for not paying
the fees of Courts; for a contumacy there is an offence against the civil
power, and he hath a sword of his own to avenge that. But excom<g ref="char:EOLhyphen"/>munication
is a sword to avenge the contumacy of them who stubbornly
offend against the discipline of the Church in that wherein Christ
hath given her authority, and that is in the matters of salvation and dam<g ref="char:EOLhyphen"/>nation
immediate, in such things where there is no fecular interest, where
<pb n="259" facs="tcp:58903:440"/>
there can be no dispute, where the offender does not sin by consequence
and interpretation, but directly and without excuse. But let it be consi<g ref="char:EOLhyphen"/>dered
how great a reproach it is to ecclesiastical discipline if it be made
to minister to the covetousness or to the needs of Proctors and Advo<g ref="char:EOLhyphen"/>cates;
and if the Church shall punish more cruelly then civil Courts for
equal offences: and because she hath but one thing to strike withall, if she
upon all occasion smites with her sword, it will either kill too many, or
hurt and affright none at all.</p>
                        <p>5. Spiritual censures must not be inflicted for temporal causes,<note place="margin">10.</note> in
questions of right and secular concernment, for which the civil sword is
sharp enough and proper. In the Church of <hi>Rome</hi> it hath been very
usual to use excommunications for the discovery of thefts, or the mani<g ref="char:EOLhyphen"/>festation
of secret actions. Divers examples of which are in the <hi>Decretals</hi>
and later Canons of the Church; but not till the Church had been ex<g ref="char:EOLhyphen"/>tremely
corrupted both in Doctrine and Manners. But this advice is the
same almost with the former, and relies upon the same reason. But who
please to see more of it may see it in <hi>Gerson de vita spirit. anim. lect.</hi> 4.
<hi>Corol.</hi> 7. <hi>&amp; serm. in Concil. Rhemens. partit.</hi> 2. <hi>consid.</hi> 2. <hi>provis.</hi> 2.</p>
                        <p>As as Corollary to these advices, I am to adde one thing that is of
great use and consideration,<note place="margin">11.</note> and that is, That when a law is made that who
ever shall commit such a fact shall be <hi>ipso facto</hi> excommunicate, it must
never be understood of the greater and proper excommunication; for if it
be, it is unlawful and it is ridiculous. For the abscission from the Church
is not to be us'd but after all other remedies: when the crime is delated or
notorious, and the person called, when he hath been admonished and re<g ref="char:EOLhyphen"/>prov'd,
and called to repentance, if after all he refuses and rebels, then he
is to be cut off, else not: and therefore no man is <hi>ipso facto</hi> cut off. The
offence alone deserves it just as it deserves damnation: but because God is
pleas'd graciously to call a sinner to repentance, and cuts him not off till
he hath refus'd his gentleness and forbearance, the Church must doe so
too, following the Oeconomy of God; for if the Church kills on earth,
and God saves in heaven, it is clear she hath not rightly us'd her power,
and therefore must not kill at the first dash.</p>
                        <p>If therefore it be inquired whether all such sentences in law which de<g ref="char:EOLhyphen"/>clare
a man to be in certain cases <hi>ipso facto</hi> excommunicate be unlawful,<note place="margin">12.</note> the
Arch-Bp. of <hi>Spalato,</hi> who is fierce against them, answers affirmatively and
confidently,<note place="margin">Lib. 5. de Rep. Eccles. cap. 9. n. 23, 24.</note> and disputes well against them: but his reasons are over<g ref="char:EOLhyphen"/>valued
by him and are not demonstrative; for they all rely upon this pro<g ref="char:EOLhyphen"/>position,
That no man can be tied to be executioner of any sentence against
himself, which I have proved to be false<note n="*" place="margin">Chap. 2. Rule 2.</note>. * What then doe such sen<g ref="char:EOLhyphen"/>tences
effect more then others which are comminatory, and threaten the
sentence onely to be inflicted by the Judge if the crime be delated and
prov'd? <hi>Gerson</hi> saith he learn'd thus to answer from his Master, That the
Judge in such cases, when the fact is prov'd or confess'd, may pass to sen<g ref="char:EOLhyphen"/>tence
without any further Judicial process; which in other cases he cannot
doe. But <hi>Gerson</hi> and his Master would fain have been at a new thing, but
they could not hit it right. For whether any such thing was effected or
no, or whether any more was intended, is not a matter of conscience; for
this whole proceeding is not the ministery of the keyes, but wholly a
<pb n="260" facs="tcp:58903:441"/>
humane invention, done with great reason, and is of prudent conduct, and
warranted by precedents in Scripture: and since in those places where
many such laws are made and us'd it is certain that the law-givers intend
more, and more is practis'd, i<gap reason="illegible" resp="#TECH" extent="1 letter">
                              <desc>•</desc>
                           </gap> is not true that <hi>Gerson</hi>'s Master told him,
that these laws produc'd nothing but a power for the Judge to proceed
summarily. And therefore he neither answered right in the point of law,
nor in the case of Conscience; &amp; yet he said well, that such sentences of ex<g ref="char:EOLhyphen"/>communication
doe not oblige others to abstain from the society of the
excommunicate. It is true, but not for his, or for the reasons of the learned
Arch-Bp. of <hi>Spalato;</hi> but for this reason, because these sentences doe not
intend to involve the offender in the greater excommunication, which is
not to be inflicted but upon him that hath sinn'd griveously, and after ad<g ref="char:EOLhyphen"/>monition
refuses to amend. For if the greater excommunication were
intended, the laws were unlawful, and the sentence unjust. For a crime in
manners is like an errour in faith: this without pertinacy is not heresy, and
that without contumacy does not deserve excommunication. But what then?</p>
                        <p>Therefore all those laws which inflict the sentence of excommunica<g ref="char:EOLhyphen"/>tion
<hi>ipso facto</hi> are to be understood of the lesser excommunication,<note place="margin">13.</note> and they
mean thus much onely, That the Church declares that all such criminals are
obliged to confesse their sin, to abstain from the Communion till they have
truly repented, to submit themselves to the judgement of their spiritual
guide, to receive discipline at his hand, and manners of emendation; and
in this sense the laws are pious and reasonable, usefull and of great effect:
but how much the conscience of the criminal is by them oblig'd is a secret
of which we know nothing; but this we know, that where such laws are
us'd and understood, without such submission and amends, a man that de<g ref="char:EOLhyphen"/>sires
to be good can have no peace of conscience.</p>
                        <p>The like is to be said of those ancient Canons of Councils which for
light causes impose and decree the sentence of excommunication.<note place="margin">14.</note> Thus
the fourth Council of <hi>Carthage</hi> decrees him to be excommunicate <hi>qui sa<g ref="char:EOLhyphen"/>cerdote
verbum faciente in Ecclesia egressus de auditorio fuerit,</hi>
                           <note place="margin">Cap. 24.</note> 
                           <hi>who shall goe
out of the Church before the Sermon be ended.</hi> Very many of the same
nature might be produc'd, but they all mean the same thing; that he that
is delinquent in the instance when he is delated and convict shall be separate
a while from the Communion, (for that was the Discipline of those times)
and thrust into the place of publick penitents.</p>
                     </div>
                     <div n="10" type="rule">
                        <head>RULE X. It is not lawfull to communicate with those whom
the Church hath by a just sentence excommuni<g ref="char:EOLhyphen"/>cated.</head>
                        <p>THat is,<note place="margin">1.</note> all prohibited Communion is unlawful: as if they be driven
onely from holy offices, then we must not admit such persons to our
assemblies; if a civil entercourse be prohibited, that the Criminal by shame
might be brought to repentance, then that also must be denied him: for if
<pb n="261" facs="tcp:58903:441"/>
he be bound by the censure of the Church, then we also who are the rela<g ref="char:EOLhyphen"/>tives
of that coercion are tied to doe our duty to the Church.</p>
                        <p>
                           <hi>To which purpose there is an excellent discourse in S.</hi> Cyprian,<note place="margin">2.</note> Where<g ref="char:EOLhyphen"/>fore<note place="margin">lib. 1. Ep. 4.</note>
(<hi>saith he</hi>) although there be some of our collegues that think it fit to neg<g ref="char:EOLhyphen"/>lect
the Divine discipline, and doe rashly communicate with <hi>Basilides</hi> and <hi>Mar<g ref="char:EOLhyphen"/>tialis,</hi>
this thing ought not to disturb our faith; since the Holy Ghost in the
Psalms threatens such persons, saying, Thou hast hated discipline and cast
my words behind thee: if thou sawest a thief thou didst goe with him, and wert
partaker with the adulterers. He shewes that they were consorts and partakers
of other mens sins who were joyned with the delinquents.<note place="margin">Rom. 1. 29, 30, 31.</note> But this thing also
the Apostle <hi>Paul</hi> writes, saying, They are whisperers, backbiters, haters of
God…. who knowing the judgement of God, that they which commit such
things are worthy of death, not onely doe the same, but have pleasure in them
that doe them. For (<hi>saith he</hi>) they that doe such things are worthy of death.
He manifests and proves that they are worthy of death and shall come to pu<g ref="char:EOLhyphen"/>nishment,
not onely that doe evil, but they who consent to them that doe evil;
who whilest by an unlawfull communication they are mingled with evil sinners,
and that will not repent, are polluted with the contact of the guilty, and be<g ref="char:EOLhyphen"/>cause
they are joyned in crimes, they are not separated in punishment.</p>
                        <p>The Church having so good warrant from Scripture proceeded to<note place="margin">3.</note>
adde Ecclesiastical penalties to those that would not verify her Sentences
of just excommunications. For when some had got a trick to meet in
houses and pray in Conventicles, because they were forbidden, or did vo<g ref="char:EOLhyphen"/>luntarily
refuse to enter into Churches, the Council of <hi>Antioch</hi> took notice
of it,<note place="margin">Cap. 2.</note> and forbad all such communions and assemblies and entercourses un<g ref="char:EOLhyphen"/>der
the pain of excommunication. But this was decreed by the Canons
commonly called Apostolical,<note place="margin">Can. 10. a<gap reason="illegible" resp="#TECH" extent="2 letters">
                                 <desc>••</desc>
                              </gap> 11.</note> 
                           <hi>Si quis cum excommunicato saltem i<gap reason="illegible" resp="#TECH" extent="1 letter">
                                 <desc>•</desc>
                              </gap> domo
simul oraverit, iste communione privetur, He that prayes with an excom<g ref="char:EOLhyphen"/>municate
person so much as privately in a house, let him be depriv'd of the
Communion.</hi> The same we find often in the Ancient Epistles of the Popes;
in the<note n="a" place="margin">Cap. 7.</note> second and in the<note n="b" place="margin">Cap. 73.</note> fourth Council of <hi>Carthage,</hi> in the first Council of
<note n="c" place="margin">Cap. 15.</note> 
                           <hi>Toledo,</hi> and in the Synod at<note n="d" place="margin">Cap. 39.</note> 
                           <hi>Auxerre</hi> in <hi>France,</hi> in the first Council of
<note n="e" place="margin">Cap. 33.</note> 
                           <hi>Bracara,</hi> in the Council of<note n="f" place="margin">Cap. 8. &amp; 21.</note> 
                           <hi>Touraine,</hi> and the Council of<note n="g" place="margin">C. 9.</note> 
                           <hi>Verne.</hi>
                        </p>
                        <p>But this is to be understood with one caution,<note place="margin">4.</note> and to be reduc'd to
practice by another. 1. Although the Church excommunicates the<gap reason="illegible" resp="#TECH" extent="1 letter">
                              <desc>•</desc>
                           </gap> that
communicate with excommunicates, yet it is alwayes to be understood that
the partners are onely smitten with a lesser excommunication, and oblig'd
onely externally, not internally. For there may be many cases very fa<g ref="char:EOLhyphen"/>vourable
in which an innocent person may innocently communicate with a
heathen and a publican: and therefore in such cases in which a man does not
take part against, or directly or by intention despise the Church, or give
countenance, strength or increment to the sin of the excommunicate, but
with simplicity pursues other lawfull purposes, and designs nothing of these,
he is onely tied to give satisfaction to the Church; but is not guilty before
God. For the places of Scripture quoted by S. <hi>Cyprian</hi> above-mention'd
are onely spoken of such persons who by their society approve, and in their
hearts doe consent to such crimes. But every man that goes along with
them in their journey or in their Merchandise, does not goe along with
them in their crime; and yet if they be forbidden to goe along the road
<pb n="262" facs="tcp:58903:442"/>
with them, and yet will doe it, they may justly be presum'd to goe along
in their consent and approbation: and therefore the Church does well to
forbid such to come to her communions till she be satisfied, that is, till the
contrary does appear, or amends be made. But because in many cases the
contrary can be made to appear, and in more cases the contrary is
true, whether it can be made to appear or no, therefore in such cases it
must be understood, that the companion of the excommunicate is onely
bound in the face of the Church by such censures, and not in the Court of
heaven.<note place="margin">Epist. 93.</note> And to this accords that of S. <hi>Leo, Certainly when any such
cause does happen, that for the hainousnesse of some crime committed any one
is justly depriv'd of the Communion, he alone ought to be punish'd who is in<g ref="char:EOLhyphen"/>volv'd
in the guilt; nec particeps debet esse supplicii qui consors non docetur
fuisse commissi, neither is he to partake of the punishment that was not a
consort of the fact.</hi>
                        </p>
                        <p>2. This rule is to be reduc'd to practice with this caution,<note place="margin">5.</note> That the
Church intends not to forbid any such entercourse or communion to which
we stand preoblig'd by the law of Nature, or any law of God, or of the
Civil supreme power, from which the Church cannot absolve us. The sen<g ref="char:EOLhyphen"/>tence
of excommunication does not enjoyn a son not to help his aged Fa<g ref="char:EOLhyphen"/>ther,
nor the Physician to give him physic in his sicknesse, nor the tenants
to pay their rent, and talk with their land-lord about his and their necessi<g ref="char:EOLhyphen"/>ties,
nor the feudatary to pay homage to his lord: to prohibite Natural or
Civil duties the Ecclesiastical power hath nothing to doe. If the Civil
power hath forbidden a civil duty, he may, and then the subject is civilly
bound in all things but where God hath commanded a duty. For even the
King cannot command a wife not to pay her duty to her husband, nor a
child to his mother. To these they are bound by God, though they die for
it; and if the Prince be angry, yet God is well pleased.</p>
                        <p>For although the supreme power can forbid even an action that is of
it self good and pious,<note place="margin">6.</note> and we are in the proper circumstances bound to
obey him, and in this case also obedience is better then sacrifice; yet when
the piety is necessary, and not under choice and counsell, but under a Com<g ref="char:EOLhyphen"/>mandement,
the King and the Bishop singly or conjunctly have no power
to forbid it.
<q>
                              <l>
                                 <gap reason="foreign">
                                    <desc>〈 in non-Latin alphabet 〉</desc>
                                 </gap>
                              </l>
                              <l>
                                 <gap reason="foreign">
                                    <desc>〈 in non-Latin alphabet 〉</desc>
                                 </gap>,</l>
                           </q>
for these are things that are not of to day or yesterday, but of an eternal
rectitude, and no man knows when they did begin. For upon this account
<hi>Antigona</hi> in <hi>Sophocles</hi> defends the fact of burying her dead Brother against
the Kings commandement, Even the Gods themselves, that is, the great
Rulers of the world, are subject to these laws. So <hi>Euripides,</hi>
                           <q>
                              <l>
                                 <gap reason="foreign">
                                    <desc>〈 in non-Latin alphabet 〉</desc>
                                 </gap>
                                 <note place="margin">in Hecuba.</note>
                              </l>
                              <l>
                                 <gap reason="foreign">
                                    <desc>〈 in non-Latin alphabet 〉</desc>
                                 </gap>
                              </l>
                              <l>
                                 <gap reason="foreign">
                                    <desc>〈 in non-Latin alphabet 〉</desc>
                                 </gap>.</l>
                           </q>
This law rules them that rule the world: and therefore the Greek Tragedy
does rarely well call these laws <gap reason="foreign">
                              <desc>〈 in non-Latin alphabet 〉</desc>
                           </gap>, because all men and all things are
under their feet. It is, as <hi>Pindar</hi> calls it, <gap reason="foreign">
                              <desc>〈 in non-Latin alphabet 〉</desc>
                           </gap>,
<hi>a law that is the King of all things mortal and immortal.</hi> And therefore
excommunications, though verified by the secular power, cannot forbid the
<pb n="263" facs="tcp:58903:442"/>
necessary and dutifull entercourses of relations, or the issue of any duty
commanded by a former obligation in the law of God.</p>
                        <p>But if the Church will take her measures from the words of her com<g ref="char:EOLhyphen"/>mission,<note place="margin">7.</note>
which as they are her onely warrant, so they are the best rule, the
external effect of excommunication is this onely, that we esteem him that
refuses to hear the Church as a heathen and a publican. If we account and
use him so, it is bad enough; but then we have no warrant to use him
worse. And then as we eat and drink and talk and buy and sell with hea<g ref="char:EOLhyphen"/>thens
without sin, why also not with <hi>excommunicates,</hi> this precept notwith<g ref="char:EOLhyphen"/>standing?
I say, <hi>this precept</hi> notwithstanding, for it is more then an indul<g ref="char:EOLhyphen"/>gence
or a leave to use them so; it is a commandement: the Rulers and stew<g ref="char:EOLhyphen"/>ards
of God's houshold are tied to separate refractary Criminals from the
sound part; and the people are bound to be separate, for they also have a
share in this binding and loosing by way of consent and compliance and ve<g ref="char:EOLhyphen"/>rification,
according to that of S. <hi>Austin,</hi>
                           <note place="margin">de verbo Do<g ref="char:EOLhyphen"/>mini, Homil 15.</note> 
                           <hi>Si fratrem habes pro Ethnico &amp;
publicano, ligasti illum in terris; si correxeris fratrem, solvisti illum in terris.</hi>
The people are to bind and loose, that is, to esteem him that is bound as a
heathen and a publican, and to assist in the correcting of him, by bringing
him to repentance by the instrument of shame. But this being matter of
office, and not merely of benefit, it is evident that it is a precept, and not
a leave onely, a Commandement, and not an indulgence.</p>
                        <p>But then if we enquire to how much and to what manner of usages it
does oblige us,<note place="margin">8.</note> we shall be able to understand our duty best by considering
that it is a proverbial expression, or a form of execration, to signify im<g ref="char:EOLhyphen"/>pious
and prophane persons, of the vilest reproach. Just as in the Old
Testament,<note place="margin">Levit. 25. 47.</note> of what Nation soever he was, yet a stranger from the Cove<g ref="char:EOLhyphen"/>nant
of God was called an <hi>Aramite</hi> or a <hi>Syrian;</hi> and when S. <hi>Paul</hi> said that
S. <hi>Timothie</hi>'s Father was a <hi>Greek,</hi> the <hi>Syriac</hi> interpreter calls him an <hi>Ara<g ref="char:EOLhyphen"/>mite:</hi>
so here a heathen and a publican signifies a wicked and a reprobate
person; as we call cruel people <hi>Turks,</hi> and in the time of the holy warre
all very vile and intolerably vitious or hated persons were called <hi>Saracens.
Harlots and Publicans</hi> Christ joynes together;<note place="margin">Matth. 21.</note> so <hi>Publicans and Sinners</hi> the
same with <hi>Heathens and Publicans.</hi> Meaning that all contumaciòus sin<g ref="char:EOLhyphen"/>ners,
that upon admonition and Ecclesiastical correption refuse to repent,
are to be accounted enemies and strangers to the rights and promises of the
Gospell, enemies to the religion, and separate from God, and given over to
a reprobate sense.</p>
                        <p>But it cannot be inferred from hence that the same usage which the
Jews gave to Heathens and Publicans,<note place="margin">9.</note> we are tied to have towards excom<g ref="char:EOLhyphen"/>municates.
That we must have no worse is certain, but not such, not so
bad, is also very true; because our Blessed Saviour did not even amongst
them approve of those harsh and contemptuous usages; <gap reason="foreign">
                              <desc>〈 in non-Latin alphabet 〉</desc>
                           </gap>,
they would not eat, nor drink, nor trade,
nor come to them.
<q>
                              <l>Non monstrare vias eadem nisi sacra colenti,</l>
                              <l>Quaesitum ad fontem solos deducere verpos.</l>
                           </q>
They would not doe common civilities or charities to an uncircumcised
man, to a heathen. But when our Blessed Saviour had us'd them better,
and so taught others to converse with them, to doe them good and to save
<pb n="264" facs="tcp:58903:443"/>
their souls, it will be very reasonable to collect from hence, that Christ
did not intend by this to enjoyn us to such treatments of the excommuni<g ref="char:EOLhyphen"/>cates
as the proud Pharisees gave to Publicans and heathens: but the man<g ref="char:EOLhyphen"/>ner
of speech was in use among the Jews to signify impious persons and
great sinners, and so Excommunicates are to be accounted.</p>
                        <p>That therefore which remains is,<note place="margin">10.</note> that the usage here intended is,
that they should be separate from the communion of holy offices, from par<g ref="char:EOLhyphen"/>taking
in the mysteries of religion; for that was the known use of the
words of <hi>binding</hi> and <hi>loosing</hi> among the Jews, which Christ us'd in giving
the Church a power of excommunication. <hi>To bind</hi> signifies to forbid, and
<hi>to loose</hi> signifies to give admission and leave, according to that usual saying
of the Jews, <hi>There was nothing bound by</hi> Ezekiel <hi>or by</hi> David <hi>but what was
bound in the Law,</hi> that is, they forbad nothing else. So that the accounting
these persons separate from God, and forbidding them to enter into the
communions of the sons of God in the mysteries of their religion, is all
that can by any probability be inferr'd from hence, excepting what is super<g ref="char:EOLhyphen"/>added
from common reason and the laws of nature; that if beyond this
there be danger of receiving hurt, the separation goe further: and therefore
the Apostles gave caution to their converts that they should not salute or
admit into their houses false Apostles, because of the imminent danger; but
beyond this I find no Divine Commandement.</p>
                        <p>Whatsoever therefore besides these things is superadded by the laws
of the King of the Canons of the Church is to be obeyed upon those ac<g ref="char:EOLhyphen"/>counts,<note place="margin">11.</note>
where no other duty is prejudic'd; and therefore in this there is
no other rule of Conscience, but that we first attend to the laws of God
concerning our other duties, and then to the laws of the King in this. But
in the thing it self, excommunication cuts the refractary sinner from the
communion or religious entercourse of the Church; he is not to be reck<g ref="char:EOLhyphen"/>on'd
as a Brother, or a relative in our religious friendship and union. The
offices of humanity and civility are not to be denied to him; but there
ought to be no dearnesse and proximity of friendship: we are not to take
much care of reproving him; his eares are shut to truth, and he cannot
hear good counsel; <hi>hujus ergo desperanda salus</hi> (as <hi>Cicero</hi> said of the like
persons) unlesse a new hope arise, we may despair of his salvation.</p>
                        <p>One thing more I adde,<note place="margin">12.</note> That when the Church inflicts censures upon
those who communicate with the Excommunicates, it is not upon a real
belief that all such persons are guilty of the same crimes by secret appro<g ref="char:EOLhyphen"/>bation
or consent, but because she cannot tell whether they be or no; for it
is a just legal presumption, and hath some natural probability that it is so;
and the Church is but too justly offended and scandaliz'd at such commu<g ref="char:EOLhyphen"/>nications
and entercourse. But then on all sides there is a difference to be
made, and the Church must not be so offended when he that communicates
with the excommunicate apparently does not, or by that communion cannot
be presumed to partake of the principal sin: and therefore besides the ty<g ref="char:EOLhyphen"/>ranny
and usurpation and illegal proceedings of <hi>Hildebrand</hi> against the Em<g ref="char:EOLhyphen"/>peror
<hi>Henry,</hi> excommunicating him upon pretence of Simony in the matter
of Investitures, he did foolishly and unreasonably excommunicate all them
that did partake or converse with him. For first the Church hath no pow<g ref="char:EOLhyphen"/>er
directly to make laws in the matter of secular conversation: and if it be
<pb n="265" facs="tcp:58903:443"/>
said, by consequence and legal presumption the Church concludes such per<g ref="char:EOLhyphen"/>sons
that communicate with the excommunicates to consent or partake of
the crime; that is according as the matter is, and in this case is extremely
unreasonable and foolish: for it cannot be imagined that all the subjects of
the Emperor should be partners of the bargains, or should know of them,
or believe any such thing, or approve it, if they did know or believe it; and
the communicating with their Prince as subjects could not infer it, with any
seeming probability, that they were all simoniacs.</p>
                        <p>But then on the other side,<note place="margin">13.</note> the sons of the Church must be with curi<g ref="char:EOLhyphen"/>osity
restrain'd in their communions with such excommunicates, whose con<g ref="char:EOLhyphen"/>versation
does with probability involve us in the guilt and participation of
the principal crime: and this is especially to be observed in sins about Go<g ref="char:EOLhyphen"/>vernment,
and in matters of persuasion, that is, in matters of heresy and
schisme; for <hi>their word eateth like a canker,</hi> that is, these crimes are infecti<g ref="char:EOLhyphen"/>ous
and scatter themselves into all that converse with them, or is very like<g ref="char:EOLhyphen"/>ly
so to doe; and therefore in these cases the subjects may be more re<g ref="char:EOLhyphen"/>strained
from entercourse with excommunicates, and it must be a greater
necessity that must warrant it, then may passe and be allowed in other cases.</p>
                        <p>This is all I find necessary to be considered in the matter of Ecclesi<g ref="char:EOLhyphen"/>astical
censures,<note place="margin">14.</note> in order to the regulating of conscience: which the Casuists
in the <hi>Roman</hi> Church have handled in great volumes, and make it com<g ref="char:EOLhyphen"/>monly
the one half of all their inquiries and ministeries of Conscience.
For all the questions and considerations concerning <hi>suspensions, irregu<g ref="char:EOLhyphen"/>larities,
interdicts, depositions and degradations, absolutions of the dead and
of the absent, the forms of absolution, reservation of cases, delegations and
licenses, absolutions against our wills, and by others who bound us not, and upon
false suggestions, absolutions upon condition and reincidences, sentences un<g ref="char:EOLhyphen"/>certain
and unknown, excommunications comminatory &amp; ipso facto, papal and
episcopal, common and special, principal and delegate, by regulars and seculars,
the excommunication of Angels and Devils, of fowls and beasts, Pagans &amp; Jews,</hi>
and thousands of questions, cases, accidents, incidents, limitations of times
appendant to all these, which make the peace of conscience to be as impos<g ref="char:EOLhyphen"/>sible
as the conduct of it, all these are cut off by the simplicity of truth,
and the plainenesse of Divine institutions, which are few, and easy, and use<g ref="char:EOLhyphen"/>ful,
and reasonable; wise, but not perplext; severe, but not insnaring. But
those things which are introduc'd by humane authority and rely upon secu<g ref="char:EOLhyphen"/>lar
interests, the artifices of covetous or ambitious men, and are maintain'd
by force and false or uncertain principles, they are fit for the <hi>forum conten<g ref="char:EOLhyphen"/>tiosum</hi>
for <hi>Courts of strife,</hi> but not for the Court of Conscience, which is
troubled by any thing that destroys peace as certainly as by that which
destroys innocence.</p>
                     </div>
                  </div>
                  <div n="3" type="section">
                     <head>§ III. Of CANONS Ecclesiastical.</head>
                     <p>That which I am next to inquire of, is, concerning the more parti<g ref="char:EOLhyphen"/>cular
persons or communities of men in whom the Ecclesiastical power is
subjected, and where we are to find the records of Ecclesiastical laws, and
from whom the obligations of Conscience doe proceed, and in what mat<g ref="char:EOLhyphen"/>ters
their authority is competent, and their Canons obligatory. That is,
to what and whose Ecclesiastical Canons the Conscience is, and how far it
is bound.</p>
                     <div n="11" type="rule">
                        <pb n="266" facs="tcp:58903:444"/>
                        <head>RULE XI. The Canons of the Apostles which are of Order and
external government doe oblige the Conscience
by being accepted in several Churches, not by
their first establishment.</head>
                        <p>THat the Canons which the Apostles made did oblige the Churches to
whom they were fitted &amp; directed is without all question,<note place="margin">1.</note> according to
that of the Apostle,<note place="margin">2 Cor. 2. 9.</note> 
                           <hi>To this end also did I write, that I might know the proof
of you, whether ye be obedient in all things.</hi> For whatsoever was their ordi<g ref="char:EOLhyphen"/>nary
power, yet they had so much of extraordinary, had such special com<g ref="char:EOLhyphen"/>missions
and warranties from Christ, had such gifts and miracles of power,
so much wisdome, so much charity, and so intire a government, and were
the onely fountains from whence the rules of the Church were to be de<g ref="char:EOLhyphen"/>riv'd,
that their word ought to be a law to whom it was sent, and a prece<g ref="char:EOLhyphen"/>dent
to them that should hear of it: it was like the pattern in the Mount,
to which all Churches in equal circumstances and the same conjunction of
affairs might conform their practices.</p>
                        <p>Thus we find that the Apostolical decree of abstaining from blood<note place="margin">2.</note>
was observed by more Churches then those of <hi>Syria</hi> and <hi>Cilicia</hi> to which
the Canon was directed; and the college of Widows or Deaconesses,
though provided for the first ministery of the churches and relief of anci<g ref="char:EOLhyphen"/>ent
widows, deriv'd it self into the manners of the Western Churches, and
lasted longer then there was need. There was no hurt in it; the reve<g ref="char:EOLhyphen"/>rence
to the persons and dignity Apostolical was foundation enough to
bear a greater burden: but the retention of such Canons and orders was
just like the retention of the Judicial laws in some commonwealths,
which they did in regard to the divine wisdome; though they in so doing
did piously indeed, but yet did not imitate that wisdome by which those
laws were made.</p>
                        <p>But because it is evident that the laws of order and government were
fitted to times and places and present necessities,<note place="margin">3.</note> the same wisdome that
so fitted the laws and things together, did also know that those rules were
not good when the things were changed and grew unfit for that measure.
The Apostles in their first preachings and conversation in <hi>Jerusalem</hi> in<g ref="char:EOLhyphen"/>stituted
a coenobitic life, and had all things in common with the believers;
indeed no man was tied to it: and of the same nature were their Canons,
Counsels and advices, and propositions of what was best. But that advise
related to the present necessities of believers: they were likely to suffer
persecution, and the nation was in a little time to be destroyed, and there<g ref="char:EOLhyphen"/>fore
it was prudence to sell their lands, and charity to divide the use of it.
But if any man shall say that this obliges all Christians, he is unreasonable;
but if they doe not, then it is certain that their laws oblige according to the
subject matter and the changing reasons of things, and therefore not by
<pb n="267" facs="tcp:58903:444"/>
their authority alone, but by their authority also who are judges of the
reason of things, and can declare with obligation.</p>
                        <p>But yet further,<note place="margin">4.</note> The orders which the Apostles gave to their Chur<g ref="char:EOLhyphen"/>ches,
though they be as good now as they were then, and have equal cir<g ref="char:EOLhyphen"/>cumstances,
yet unless it can appear that they by them intended to oblige
all ages of the Church, although they were not free then, yet they are free
now. Now this is certain, that they gave no such laws but what they re<g ref="char:EOLhyphen"/>ceiv'd
in Commandement from Christ; and when ever they said of any
particular, <hi>This say I, not the Lord,</hi> they gave but an advice, or made a
temporary order; but when they said, <hi>This we have receiv'd from the Lord,</hi>
it is alwaies a doctrine of faith, or a moral Commandement. So that the
rules of order being neither of these are but topical, and limited, and tran<g ref="char:EOLhyphen"/>sient;
such which when they are chosen by the Rulers of Churches they
become Canons and measures of practice, but else not. The Apostle made
an order in the Corinthian Church that men should not pray or prophesy
having their heads covered: but yet in <hi>France</hi> the preachers are covered,
and doe not think they prevaricate an Apostolical Canon; because they
suppos'd it reach'd no further but to that Church, or at least was agree<g ref="char:EOLhyphen"/>able
to the manners and customes of those places. S. <hi>Paul</hi> appointed that
they should lay aside every first day of the week something for the poor:
but he that shall chuse to doe this upon his weekly fasting-day, does as
well; he does the same thing in another circumstance. * S. <hi>Paul</hi> gave in
order to <hi>Timothy</hi> that a Bishop should not be a novice; meaning in age, or
in Christianity, or both: and yet S. <hi>Timothy</hi> himself was but a novice,
being chosen Bishop at the age of XXV years, as the Ecclesiastical histories
report; and <hi>Theodosius</hi> chose <hi>Nectarius</hi> being but newly converted; and
the people chose S. <hi>Ambrose</hi> to be Bishop before he was baptiz'd, and the
election was confirmed by <hi>Valentinian. Fabianus, Cyprian, Nicolaus, Seve<g ref="char:EOLhyphen"/>rus,
Tarasius,</hi> were all novices or new Christians when they were chosen
Bishops;<note place="margin">Consult. Art. 23.</note> and yet the Church made no scruple of that Canon of the Apo<g ref="char:EOLhyphen"/>stles,
because to break it was more for the edification of the Church.
And I remember that <hi>Cassander,</hi> speaking of the intolerable evils that fell
upon the Church by the injunction of single life to Priests and Bishops, he
saies this law ought to have been relaxed, although it had been an Aposto<g ref="char:EOLhyphen"/>lical
Canon. * Thus also it happened in the Canon concerning the college
of widows,<note place="margin">Novel. 123. c. 12, 13.</note> 
                           <hi>Let not a widow be chosen under threescore years;</hi> and yet <hi>Justi<g ref="char:EOLhyphen"/>nian</hi>
suffer'd one of forty years old to be chosen, and had no scruple, and
he had no reproof: but that was no great matter; for the whole institution
it self is now laid aside, and other appointments are established. * And
which is most of all, that Decretal of the Apostles which was made in full
Council, the most Oecumenical Council that ever was in Christendome,
made at the request of the Churches of the Gentiles, and the inquiry of
the Jews, forbidding to eat things strangled, is no where observed in the
Western Churches of Christendome;<note place="margin">Lib. 32. contra Faustum Ma<g ref="char:EOLhyphen"/>nich. c. 13.</note> and S. <hi>Austin</hi> affirm'd that if any
man in his time made a scruple of eating strangled birds, every man did
laugh at him. But of this I have given a full account<note n="*" place="margin">Lib. 2. Chap. 2. Rule 2.</note>.</p>
                        <p>Now if those Canons Apostolical which are recorded in Scripture,<note place="margin">5.</note> and
concerning which we are sure that they had Apostolical authority, be with<g ref="char:EOLhyphen"/>out
scruple laid aside in all Christendome, some every where, some in some
places, it is evident that it is the sense of the whole Catholick Church,
<pb n="268" facs="tcp:58903:445"/>
that the Canons of the Apostles for order and external measures of Go<g ref="char:EOLhyphen"/>vernment
had a limited sphere of activity, and bind not beyond their
reason and convenience, that is, as every Church shall find them fitted to
their own measures; and therefore this is much more true in such things
which are but pretendedly Apostolical, whose name is borrowed, whose story
is uncertain, whose matter is dubious, whose records are not authentick:
and therefore whatever else can be pretended to be Apostolical, and is of
this contingent nature and variable matter, is evidently subject to the pre<g ref="char:EOLhyphen"/>sent
authority of every Church or Christian Kingdome which is supreme
in its own dominion.</p>
                        <p>But besides the reasonablenesse of the thing,<note place="margin">6.</note> we see it practis'd in all
places without dispute or question; that those things which are called Ca<g ref="char:EOLhyphen"/>nons
Apostolical, and either were not so, or not certainly so, are yet laid
aside by those Churches who pretend to believe them to be so. The 5<hi rend="sup">th</hi>
Canon of the Apostles in that collection which is called Apostolical, appoints
that the first-fruits shall be sent home to the houses of Bishops and Priests,
and makes no question but they divide them amongst the Deacons and
Clercs; but I think in the Church of <hi>Rome</hi> they pay no first-fruits, and what
they doe pay, the Bishops and Priests keep unto themselves. But this is
nothing. The 6<hi rend="sup">th</hi> Canon commands that a Priest or a Deacon should not
under pretence of religion put away his wife: now this is so far from being
receiv'd in the Church of <hi>Rome,</hi> that for this very Canon's sake <hi>Baronius</hi>
calls the collection apocryphal, and rejects them from being Apostolical.
The 7<hi rend="sup">th</hi> Canon forbids a Bishop or Presbyter to have any thing to doe in
secular affaires, under pain of deposition. This would destroy much of the
grandeur of the Church of <hi>Rome</hi> if it were receiv'd. And the 10<hi rend="sup">th</hi> destroys
one of their great corruptions in discipline and doctrine, for it is a perfect
deletery of their private Masse; it excommunicates those of the people
who come to Churches and goe away before they have received the Com<g ref="char:EOLhyphen"/>munion,
calling them disturbers of the Church: now this at <hi>Rome</hi> would
seem a strange thing. And yet all these are within that number of fifty
which <hi>Baronius</hi> sayes were known to antiquity. But he that desires more
instances in this affaire, may consult the Canons themselves, amongst which
he will find very few observed at this day by any Church in Christendome.
The Church of <hi>Rome</hi> pretends to believe that the wednesday and friday fast
were ordained by the Apostles;<note place="margin">Reginald. prax. fori poenit. l. 4. c. 12. sect. 3. p. 148. n. 133.</note> and yet the wednesday fast is not obser<g ref="char:EOLhyphen"/>ved
except by particular order and custome but in very few places. * I
shall give one instance more. The Apostles commanded the feast of Easter
to be celebrated upon the Sunday after the full Moon which should happen
after the vernal Aequinox: So the Western Churches said. The Eastern
pretended another Canon from S. <hi>John</hi> to celebrate it after the manner of
the Jewes: and though they were confident and zealous for that observation
upon the Apostolical warrant; yet the Western Bishops at first, and after<g ref="char:EOLhyphen"/>wards
the whole Church did force the Easterlings to change that rule which
they and their forefathers had avowed to all the world to have received
from S. <hi>John;</hi> and it is observable that this was done upon the designes of
peace and unity, not upon any pretence that S. <hi>John</hi> had never so given it
in order to the Asian Churches.</p>
                     </div>
                     <div n="12" type="rule">
                        <pb n="269" facs="tcp:58903:445"/>
                        <head>RULE XII. All those Rituals which were taught to the Church
by the Apostles concerning ministeries, which
were of Divine institution, doe oblige all Chri<g ref="char:EOLhyphen"/>stendome
to their observation.</head>
                        <p>I Instance in the Holy Sacrament first of all:<note place="margin">1.</note> concerning which the
Apostles delivered to the Churches the essential manner of celebration,
that is, the way of doing it according to Christs commandement: for the
words themselves being large and indefinite were spoken indeed onely to
the Apostles, but yet they were representatives of all the whole Ecclesiasti<g ref="char:EOLhyphen"/>cal
order in some things, and of the whole Christian Church in other, and
therefore what parts of duty and power and office did belong to each the
Apostles must teach the Church, or she could have no way of knowing
without particular revelation.</p>
                        <p>Thus the Apostles taught the Bishops and Priests to consecrate the
Symbols of bread and wine before they did communicate;<note place="margin">2.</note> not onely be<g ref="char:EOLhyphen"/>cause
by Christs example we were taught to give thanks before we eat, but
because the Apostles knew that the Symbols were consecrated to a my<g ref="char:EOLhyphen"/>stery.
And this was done from the beginning, and in all Churches and in
all ages of the Church; by which we can conclude firmly in this Rule, that
the Apostles did give a Canon or rule to the Churches to be observed al<g ref="char:EOLhyphen"/>ways,
and that the Church did never believe she had authority or reason
to recede from it. For in those rites which are Ministeries of grace no
man must interpose any thing that can alter any part of the institution, or
make a change or variety in that which is of Divine appointment. For
the effect in these things depends wholly upon the will of God, and we
have nothing to discourse or argue; for we know nothing but the institu<g ref="char:EOLhyphen"/>tion,
nothing of the reason of the thing: and therefore we must in these
cases with simplicity and obedience apply our selves to practice as we have
received, for we have nothing else to guide us: <hi>memory</hi> and <hi>obedience,</hi> not
<hi>discourse</hi> and <hi>argument,</hi> are here in season.</p>
                        <p>And in this we have an evident and apparent practice of the Church
handed to us by all hands that touch these mysteries:<note place="margin">3.</note> as who please may see
in<note n="a" place="margin">Apol. 2. ad Anton.</note> 
                           <hi>Justin Martyr,</hi>
                           <note n="b" place="margin">lib. 4. Ad. haer. c. 34.</note> 
                           <hi>Irenaeus,</hi>
                           <note n="c" place="margin">lib. 8. contr. Celsum.</note> 
                           <hi>Origen,</hi>
                           <note n="d" place="margin">Mystag. Catech. 3. &amp; 4.</note> 
                           <hi>S. Cyril of Jerusalem, and of</hi>
                           <note n="e" place="margin">in. Johan. lib. 10. c. 13.</note> 
                           <hi>Alex<g ref="char:EOLhyphen"/>andria,</hi>
                           <note n="f" place="margin">lib. De spir. S. cap. 27.</note> 
                           <hi>S. Basil, S. Gregory Nyssen de vita Moysi,</hi>
                           <note n="g" place="margin">lib. 2. Contr. Par.</note> 
                           <hi>Optatus Milevitanus,</hi>
                           <note n="h" place="margin">in 2. Tim. Hom. 2. Serm. de prodit. Jud.</note> 
                           <hi>S. Chrysostom,</hi>
                           <note n="i" place="margin">de Sacram. lib. 4. c. 4.</note> 
                           <hi>S. Ambrose,</hi>
                           <note n="k" place="margin">Ep. 1. &amp; Ep. 85. ad Evagrium, &amp; in Sophon. c. 3.</note> 
                           <hi>S. Hierom,</hi>
                           <note n="l" place="margin">de Trinit. lib. 3. c. 4. contra Faust. Manich. lib. 20. cap. 13. &amp; Serm. 28. de verbis Domini.</note> 
                           <hi>S. Austin,</hi>
                           <note n="m" place="margin">Dial. 1.</note> 
                           <hi>Theodoret,</hi>
                           <note n="n" place="margin">Serm. 5. de Paschate.</note> 
                           <hi>Grego<g ref="char:EOLhyphen"/>rius
Emissenus,</hi>
                           <note n="o" place="margin">Dial. l. 4. <gap reason="illegible" resp="#TECH" extent="1 letter">
                                 <desc>•</desc>
                              </gap>. 58.</note> 
                           <hi>Gregory</hi> the Great,<note n="p" place="margin">de Fide. l. 4. c. 14.</note> 
                           <hi>Damascen,</hi>
                           <note n="q" place="margin">in 1 Cor. cap. 10.</note> 
                           <hi>Remigius,</hi>
                           <note n="r" place="margin">lib. de Corpore Domini.</note> 
                           <hi>Paschasius</hi> and
divers others, &amp; absolutely in all the liturgies that ever were us'd in the
Church: so that the derivation of this Canon from the Apostles is as evident
as the obedience to it was universal.</p>
                        <p>
                           <pb n="270" facs="tcp:58903:446"/>
But where the Apostles did not interpose,<note place="margin">4.</note> there the Churches have
their liberty; and in those things also which evidently were no part of the
appointed liturgy or ministration, in those things though it be certain the
Apostles did give rules of order and decency, yet because order is as varia<g ref="char:EOLhyphen"/>ble
as the Tactics of an army, and decency is a relative terme, and hath a
transient and changeable sense, in all these things there is no prescription to
the Church, though we did know what the Churches Apostolical did pra<g ref="char:EOLhyphen"/>ctise,
for they did it with liberty: and therefore we are not bound; the
Churches are as free as ever; though the single persons in the Churches
can be bound, yet the Churches always have liberty.</p>
                        <p>And indeed that is the best signe that the Apostles gave no perpetual
order in any instance,<note place="margin">5.</note> and that it is no part of the institution or the mini<g ref="char:EOLhyphen"/>stery
of grace, when the Ancient Churches, who were zealous for the ho<g ref="char:EOLhyphen"/>nour
Apostolical, and accounted every thing excellent that deriv'd from
them, did differ in their practices. Thus the Greek and Latine Churches
did always differ in the Sacramental bread, the Latins consecrating in un<g ref="char:EOLhyphen"/>leavened
bread which the Greeks refuse: if either one or other had been
necessary they should have been clearly taught it, and if they had, there is
no reason to believe but they would have kept the <hi>depositum,</hi> there being
no temptation to the contrary, and no difficulty in the thing, and no great
labour to preserve; the daily use of the Church would have had in it no
variety; for no traditions are surer, or easier preserved then the <gap reason="foreign">
                              <desc>〈 in non-Latin alphabet 〉</desc>
                           </gap>
                           <hi>the matters of liturgy</hi> and the Rituals Apostolical: which when we find
that they were unitedly and consentingly kept by the Ancient Churches, we
may well suppose the Apostles to be the first principle of derivation, and
that the thing it self was necessary and a part of the religion; but if at
first they varied, they had no common principle, and therefore they had no
necessity.</p>
                        <p>Thus that the Bishop or Priest should be the onely Minister of conse<g ref="char:EOLhyphen"/>cration
is an Apostolical Canon or Rule,<note place="margin">6.</note> 
                           <hi>ad quorum preces Christi corpus
sanguisque conficitur,</hi>
                           <note place="margin">Epist. 85.</note> saith S. <hi>Hierom:</hi> and the continuation and descent of
this particular from the manners of the Apostolical ministration is evident
in the fore-alleged testimonies. Now because by this constant derivation we
can pursue the track up to the Apostles, and from their practice and teaching
of it we can understand it to be <hi>the will of God,</hi> and because this whole mi<g ref="char:EOLhyphen"/>nistery
is an act of grace and depends onely upon the will of God, we per<g ref="char:EOLhyphen"/>ceive
the thing to be necessary and unalterable, we must look for grace in
the ministeries of grace so as God hath appointed them; and therefore in
these things the Churches of the succeeding ages have no authority, no li<g ref="char:EOLhyphen"/>berty,
no variety. * That women do communicate in the holy mysteries
is not set down in the institution: but the Church derives her warranty
from the interpretation and order and practice Apostolical: the Church
was taught by the Apostles to admit them, and she always did it: and these
things amongst sober and modest men doe sufficiently prove one another.
They always did it, and therefore they were taught it by the Apostles: and
they were taught to doe so by the Apostles, and therefore they were ob<g ref="char:EOLhyphen"/>lig'd
to doe it. And now in matters of salvation and common duty, the
rule of the Church is,<note place="margin">Panormitan. in capit. Majores in princip. in 5<hi rend="sup">10</hi> Notab.</note> 
                           <hi>Scriptura loquens in Masculino procedit etiam in
foeminino.</hi> There is no difference in sexes, and before God it is now as it shall
be in the resurrection, <hi>There is neither male nor female with him,</hi> but all alike.</p>
                        <p>
                           <pb n="271" facs="tcp:58903:446"/>
That the Symbols were to be consecrated,<note place="margin">7.</note> and who were to conse<g ref="char:EOLhyphen"/>crate,
and who were to receive, were of great necessity to be taught and
determin'd: and in all this we see unity and necessity, authority and obedi<g ref="char:EOLhyphen"/>ence;
but when we goe beyond this and the plain &amp; necessary &amp; constituent
parts of the institution we find variety and uncertainty. That bread is to
be us'd is plain: but whether leavened or unleavened neither Christ nor his
Apostles have left in charge or memory. That wine is to be bless'd is cer<g ref="char:EOLhyphen"/>tain:
but whether mingled with water or not mingled, we are not determi<g ref="char:EOLhyphen"/>ned
by any authority. That the bread and wine are to be bless'd we are
sure: but in what form of words, and whether by the mystic prayer, or the
words of institution, is not deriv'd to us by sufficient tradition. That the
Lords Supper is sacredly and with reverence to be receiv'd is taught us by
the Apostles: but whether this reverence ought to be express'd by taking
it <hi>virgine salivâ,</hi> fasting, or not fasting, the Apostles left the Churches to
their choice. In those things which did cooperate immediately to the grace
of the Sacrament, in those we were not to invent any thing, and in those we
were tied to obey what was deliver'd us.</p>
                        <p>And the same is the case in Baptisme,<note place="margin">8.</note> in which that which was neces<g ref="char:EOLhyphen"/>sary
is that the person be baptized in water, and in the name of the Father,
Son and holy Ghost: but whether the Priest shall say, <hi>Ego te baptizo,</hi> as
the Latins doe, or <hi>Baptizetur servus Christi,</hi> as the Greeks doe, is indiffe<g ref="char:EOLhyphen"/>rent:
and if the Apostles had us'd any other little variety of words, yet if
there was not in the first Churches an unity and universality of practice, it
is certain the Apostles did not by their act or Canon intend to oblige all
Christendome; but themselves did it with liberty, and therefore so might
the Churches after them.</p>
                        <p>For,<note place="margin">9.</note> excepting those things which the Apostles received from Christ in
which they were ministers to all ages, once for all conveying the mind of
Christ to the generations to come, in all other things they were but ordi<g ref="char:EOLhyphen"/>nary
Ministers, to govern the Churches in their own times, and left all that
ordinary power to their successors, with a power to rule their Churches, such
as they had, and therefore what ever they conveyed as from Christ, a part
of his doctrine or any thing of his appointment, this was to bind for ever;
for Christ onely is our law-giver, and what he said, was to last for ever: in
all things which he said not, the Apostles could not be law-givers, they
had no such authority; and therefore whatsoever they order'd by their
own wisdome, was to abide as long as the reason did abide; but still with the
same liberty with which they appointed it; for of all men in the world they
would least <hi>put a snare upon the Disciples,</hi> or tie fetters upon Christian li<g ref="char:EOLhyphen"/>berty.
But in Divine Commandements, and in what were the appointed
ministeries of grace, they were but the mouth of Christ and Ministers of
his holy spirit; and in those things, what they told to the Churches is our
law for ever.</p>
                        <p>Of the same nature is the distinction of Bishops from Presbyters,<note place="margin">10.</note> and
the government of the Church by them: for this being done in the Apostles
times, and immediately receiv'd by all Churches, who every where and ever
since were governed by Bishops and by Presbyters under them, it is not
onely still to be retain'd unalterably, and is one of those great things in
which the present Churches have no liberty or authority to make a change,
<pb n="272" facs="tcp:58903:447"/>
but it is to be concluded to be a law of Christ, which the Apostles did con<g ref="char:EOLhyphen"/>vey
with an intent to oblige all Christendome; not onely because the Apo<g ref="char:EOLhyphen"/>stles
could not in things indifferent oblige or make a law to succeeding ages,
for they had no authority and could not govern Churches after they were
dead, and it was against the laws of Christ that the commandements of men
should be taught for doctrines, and it is against Christian liberty, that a
lasting necessity should by man be put upon any thing, and the succeeding
Churches would be streightned in the liberty which Christ had given them,
and in which they were bound to stand fast; not onely all this, but this was
a Ministery of grace, the Bishops were for ever appointed to give <hi>a gift by
the laying on of hands:</hi> and therefore here was an appointment by Christ
and by Christs spirit; for there is not in the world a greater presumption
then that any should think to convey a gift of God, unlesse by God he be
appointed to doe it. Here then could be no variety, and no liberty: this
Canon Apostolical is of eternal obligation, and the Churches cannot other<g ref="char:EOLhyphen"/>wise
be continued.</p>
                        <p>But then in the appendages and annexes of this,<note place="margin">11.</note> the Apostles did doe
their ministeries; they did invocate the holy Spirit upon those which were
to be ordained: but in these they had no commandement what form to
use. Imposition of hands and prayer were the necessary and appointed
ministery; for in these things the Churches did not vary, but took them
from the Apostles as the appointed liturgy: but with what forms of words,
and with the tradition of what instruments, is left to the choice and Oeco<g ref="char:EOLhyphen"/>nomy
of every Church.</p>
                     </div>
                     <div n="13" type="rule">
                        <head>RULE XIII. In the Rules which the Apostles gave to their Chur<g ref="char:EOLhyphen"/>ches
in things indifferent, the Church hath a li<g ref="char:EOLhyphen"/>berty;
but it is not to be used but for great reason
and great necessity, and for the edification of the
people committed to their charge.</head>
                        <p>THe reasons of this Rule are these two.<note place="margin">1.</note> First, because it is a great re<g ref="char:EOLhyphen"/>gard
to the honour'd names of the Apostles, the pillars and foundati<g ref="char:EOLhyphen"/>ons
of the Church, that there be not an easy change made of what they in
wisedome had determin'd to be the measures of order and decency. * But
this is to be understood in such things which change not, and whose nature
although it be not of moral obligation, yet the reason that bound it first
may be perpetual, and such which cannot be succeeded to, and cannot be ex<g ref="char:EOLhyphen"/>celled.
Thus the keeping of the Lords day, besides all the other reasons
deriv'd from the nature of the thing, yet even for this alone, because it de<g ref="char:EOLhyphen"/>riv'd
from the Apostles, is to remain so for ever: because the reason being
at first competent for which they kept their assemblies, and gave that day
to religion, and the same reason remaining for ever, and another cannot
come in place of it, and a greater there cannot be, although the Churches
<pb n="273" facs="tcp:58903:447"/>
are not in Conscience directly bound, yet collaterally and indirectly they
are. For it would be a plain contempt of the persons and wisedome of
the Apostles, besides the disrespect to the mystery it self, to change the
Sunday Festival into any other day; for since there can be no reason for
so doing, and a greater blessing then Christs Resurrection we are not to ex<g ref="char:EOLhyphen"/>pect,
and a greater reason for the keeping of a day then a thanksgiving for
the greatest blessing there cannot be (except a Divine commandement) the
onely reason why any Church should change it must relate to the Apo<g ref="char:EOLhyphen"/>stles,
and therefore be no lesse then a contempt of their persons and a
lessening of their eminence, and could not be lesse then an intolerable
scandal.</p>
                        <p>The other reason is,<note place="margin">2.</note> because the Apostles even in things where they
had no Divine Commandement, yet had the Spirit of God,<note n="*" place="margin">1 Cor. 7. 40.</note> the spirit of
wisdome and government; and therefore where evidently there is not an
inconvenience, or an uselesnesse, or an unreasonablenesse by reason of the
change of times and circumstances, the Churches are on the surer side
when they follow the practice and precedents of the Apostles, and have
the confidences of a reasonable hope that such appointments are pleasing
to Christ, since it is not unlikely that they were deriv'd from the Spirit
of Christ. But in these cases the practices and Canons Apostolical must
be evident and prov'd: For since in these particulars of lesser concernment,
we doe but presume and conjecture that the Apostles were taught by the
Spirit immediately; if it be but a conjecture also that the Apostles did
teach or practise it, we have two lame feet, and cannot tread securely.</p>
                        <p>I shall give one instance in this particular,<note place="margin">3.</note> but it will be of great use,
not onely for the verification of this explication of the Rule, but in order
to conscience, because it is in some Churches tied with straight cords, and
pretended to be very necessary, and of great obligation upon this stock,
because it was appointed by the Apostles: and it is the observation of Lent
and the weekly fasting-days.</p>
                        <div type="part">
                           <head>Of the Lent-fast, and the weekly fasting-days.</head>
                           <p>The fast of Lent of all that are not pretends the most fairly to have
been an Apostolical tradition;<note place="margin">4.</note> and if it could prove so it would with much
probability pretend to have been imposed with a perpetual obligation.</p>
                           <p>
                              <hi>Of the first we have many testimonies from the Ancient Fathers.</hi>
                              <note place="margin">5.</note> 
                              <hi>So
S.</hi> Hierom,<note place="margin">Epist. 54, ad Marcell.</note> Nos unam quadragesimam secundum traditionem Apostolorum
toto anno, tempore nobis congruo jejunamus.<note place="margin">Serm. 6. de 40<hi rend="sup">ma</hi>
                              </note> 
                              <hi>So S.</hi> Leo, Quod ergo in omni
tempore unumquemque convenit facere Christianum, id nunc sollicitius est &amp;
devotius exequendum, ut Apostolica institutio quadraginta dierum jejuniis im<g ref="char:EOLhyphen"/>pleatur. <hi>And again,</hi>
                              <note place="margin">Serm. 9.</note> A Sanctis Apostolis per doctrinam spiritus sancti ma<g ref="char:EOLhyphen"/>jora
sunt instituta jejunia, ut per commune consortium crucis Christi, nos
etiam aliquid in eo quod propter nos gessit ageremus.<note place="margin">Origin. l. 6. c. 19. p. 83. a.</note> 
                              <hi>To these agrees</hi> Isi<g ref="char:EOLhyphen"/>dorus
Hispalensis, Quadragesima in universo orbe institutione Apostolicâ ob<g ref="char:EOLhyphen"/>servatur
circa confinium Dominicae passionis. <hi>To which</hi> Dorotheus <hi>a Greek
Abbat does consent, save onely that he sayes more;</hi>
                              <note place="margin">Biblioth. PP. Graecolat. T. 1. p. 839.</note> 
                              <hi>for he affirms that the
Apostles did consecrate the seven quadragesimal weeks of fasting. So that
<pb n="274" facs="tcp:58903:448"/>
here we have four Ancient Authors giving testimony that the Lent-fast was
a tradition or an appointment Apostolical.</hi>
                           </p>
                           <p>Now if it came from the Apostles by way of precedent or authori<g ref="char:EOLhyphen"/>ty,<note place="margin">6.</note>
the thing it self hath in its nature or appendage some advantages by
which with much reasonablenesse we may believe it was intended to bind
all ages of the Catholick Church. Because the usefulnesse of it will be
as much now as ever it was; and it being a specification of the duty of fast<g ref="char:EOLhyphen"/>ing,
which will never be out of season, and having always the same com<g ref="char:EOLhyphen"/>mon
cause, that is the precedent of <hi>Moses</hi> and <hi>Elias,</hi> and the example of
our Blessed Saviour himself, the duty not being relative to time or place,
and the reason of the institution being of perpetual regard, and the useful<g ref="char:EOLhyphen"/>nesse
very great, and the thing pious and holy, and adde to these, all Chur<g ref="char:EOLhyphen"/>ches
ancient and modern having received it till now of late, it will be very
like a duty incumbent upon all Churches and all ages to observe this fast
which the Apostles with so much reason did prescribe.</p>
                           <p>
                              <hi>And in pursuance of this we find some excellent persons in the An<g ref="char:EOLhyphen"/>cient
Churches saying expressely that this institution is warranted to us
from Christ.</hi>
                              <note place="margin">7.</note> 
                              <hi>So S.</hi> Austin, The Caresme or Lent-fast hath an authority of
a Fast both in the Old Testament from the fast of <hi>Moses</hi> and <hi>Elias,</hi>
                              <note place="margin">Epist. 119. ad Januar. in Psal. 110.</note> and out of
the Gospel (because so many dayes the Lord fasted) demonstrating that the Go<g ref="char:EOLhyphen"/>spel
does not differ from the law: <hi>and again,</hi> By that number of fourty in which
<hi>Moses</hi> and <hi>Elias</hi> and our Lord himself did fast, was signified unto us that we
must abstain from secular delights. <hi>The same thing also is affirmed by S.</hi>
Hierom,<note place="margin">in Isai. l. 16. c. 58.</note> 
                              <hi>Moses</hi> and <hi>Elias</hi> in their forty days hunger were filled with the con<g ref="char:EOLhyphen"/>versation
of God: and our Lord himself fasted so many days in the wildernesse
that he might leave to us the solemn days of fasting; <hi>or, as he says in another
place,</hi>
                              <note place="margin">in Jonae cap. 3.</note> haereditatem nobis jejunii derelinquens, ad esum corporis sui sub hoc
numero animas nostras praeparat, leaving to us the inheritance of fasting, un<g ref="char:EOLhyphen"/>der
this number he prepares our souls for the eating of his body. <hi>So</hi> Isidore,
The first is the fast of Lent, which began from the fast of <hi>Moses</hi> and <hi>Helias</hi>
and of our Blessed Lord, who fasted so many days.</p>
                           <p>Now although these Fathers intend not to say that our Lord did
command this fast,<note place="margin">8.</note> but gave us a precedent and an example to imitate as
well as we can; he was the occasion why the Church took that time, and
perform'd that severity: yet the example of our Blessed Lord cannot be
neglected without sin: <hi>Non enim, Fratres, leve peccatum est indicta<g ref="char:cmbAbbrStroke">̄</g> Quadra<g ref="char:EOLhyphen"/>gesimam
à Domino non jejunare, &amp; jejunia consecrata ventris voracitate dis<g ref="char:EOLhyphen"/>solvere,</hi>
&amp;c. said the Author of the 25<hi rend="sup">th</hi> sermon in the works of S. <hi>Am<g ref="char:EOLhyphen"/>brose.
It is not a light sin not to keep the Lenten-fast which was indicted by
our Lord, and with the greedinesse of the belly to dissolve these consecrated
fasting-days. For what does he deserve that breaks the fast which Christ in<g ref="char:EOLhyphen"/>dicted?
If therefore thou wilt be a Christian thou must doe as Christ did. He
that had no sin fasted forty days: and wilt not thou who hast sinned keep
the Lent-fast? He (I say) that had no sin yet fasted for our sins: Think
therefore in thy Conscience what a kind of Christian thou art, when Christ
fasting for thee thou wilt eat thy dinner.</hi> This Author whoever he was (for
it was not S. <hi>Ambrose</hi>) suppos'd that the example of Christ was a sufficient
indiction of the Quadragesimal fast. But it is to be observed that it is not
unusual with Ancient writers to affirm a thing to be by Divine right, if
<pb n="275" facs="tcp:58903:448"/>
there be in Scripture but an authentic precedent and example of it. Thus
when the Canon law affirms <hi>in</hi> 6. <hi>de censibus, cap. Quanquam,</hi> That the
Churches &amp; Church-men are free from secular exactions not onely by hu<g ref="char:EOLhyphen"/>mane
but also by Divine right: which saying because to our eares it must
needs seem extremely harsh, the Glosse upon the place does soften it, by
referring it to the fact of <hi>Joseph</hi> to the <hi>Egyptian</hi> Priests,<note place="margin">Vide Bellar. lib. 1. de cleric. c. 28. §. quinta propositio.</note> &amp; of <hi>Artaxerxes</hi> to
the <hi>Israelites.</hi> So that it is not intended that things of this nature be Divine
precepts properly so called; but such which the Church for decent regard
takes up in imitation of so great examples: and indeed they are such, which
when the Church hath upon such accounts taken up, cannot be omitted
without sin, if they be omitted without cause: for then they have autho<g ref="char:EOLhyphen"/>rity
when they are commanded by our superiors. But the example of our
Blessed Lord in such extraordinaries as these is but a very weak argument
to introduce an institution, ordinary and perpetual, troublesome and ensna<g ref="char:EOLhyphen"/>ring.
But of this that we may be rid at once, I will set down the judge<g ref="char:EOLhyphen"/>ment
of S. <hi>Austin</hi> and of S. <hi>Chrysostom.</hi>
                              <note place="margin">S. Aug. in Psal. 90.</note> 
                              <hi>In what shall we imitate the ways
of Christ? Shall it be in that magnificence in which God was in the flesh? Or
does he exhort us to this, or exact of us to doe miracles such as he did? He did
not say, Ye shall not be my disciples unlesse ye walk upon the sea, or unlesse ye
raise to life him that hath been dead four days, or unlesse ye open the eyes of
one that was born blind. What therefore does he mean, saying, Ye must enter
by the doore; Learn of me, because I am meek and humble in heart?</hi> that's en<g ref="char:EOLhyphen"/>tring
in by the door, that's the imitation of Christ that is requir'd of us.
But S. <hi>Chrysostom</hi> says the same thing,<note place="margin">Homil. in Matth. 47.</note> and more pertinently and applied to
this matter of fasting: <hi>He doth not say his fast is to be imitated, although
he might propound those fourty days of his: But, Learn of me, for I am meek
and humble in heart: yea rather contrarily, when he sent the Apostles to preach
the Gospel, he did not say, Fast, but, Eat whatsoever is set before you.</hi> Now
this argument of our Blessed Lord's example being remov'd, and it being
certain that from his example to conclude a Divine precept in such extra<g ref="char:EOLhyphen"/>ordinaries
and external actions is the worst argument of the world, and it
being expressely affirmed by S. <hi>Chrysostom</hi> that Christ did not in his fasting
propound himself as imitable by us, we may now return to the first consi<g ref="char:EOLhyphen"/>deration
and pretence, and inquire whether or no the fast of Lent was a
tradition and Canon Apostolical: that is, not onely whether this did de<g ref="char:EOLhyphen"/>scend
from their practice (for if Christs example did not oblige us in this,
much lesse could that of the Apostles;) but also whether the Apostles did
deliver this as a rule for the practice of the Churches in all descending ages.</p>
                        </div>
                        <div type="part">
                           <head>The Lent-fast is not a tradition or Canon Apostolical.</head>
                           <p>This first appears in that we find it affirm'd often in Antiquity that
the fasts of the Church were arbitrary and chosen,<note place="margin">9.</note> without necessity and
imposition from any authority. Which thing was observed by <hi>Socrates,</hi>
speaking of the Lent-fast. <hi>Because no man can shew in any record that there
was a Commandement concerning this thing,</hi>
                              <note place="margin">lib. 5. cap. 22. Grae. 21. Latin.</note> 
                              <hi>it is manifest that the Apostles did
permit a free power in the same, leaving it to every ones mind and choice,
that every one might doe what was good, without the inducement of fear or of
necessity. For so we ought to fast and to abstain</hi> (saith <hi>Prosper) that we may
not submit our souls to a necessity of fasting and abstaining,</hi>
                              <note place="margin">de vita contem<g ref="char:EOLhyphen"/>plat. lib. 2. cap. 24.</note> 
                              <hi>that we may
not doe a voluntary thing by an involuntary devotion.</hi> But of this we have
<pb n="276" facs="tcp:58903:449"/>
elder testimony: for when <hi>Tertullian</hi> scrap'd together all that he could to
justify the Lents of <hi>Montanus,</hi> the new fasts which he for discipline would
have had the Churches for ever to observe, he lay'd hold upon the practice
of the Catholics to verify <hi>Montanus</hi> his imposition, saying that the Catho<g ref="char:EOLhyphen"/>lic
Bishops did injoyn fasts <hi>sometimes</hi> and <hi>ex aliqua sollicitudinis Ecclesia<g ref="char:EOLhyphen"/>sticae
causa,</hi>
                              <note place="margin">lib. De jejun. cap. 13.</note> upon the occasion of some trouble or affliction in the Church,
that is, temporary fasts, or solemn dayes upon special emergent accidents.
He addes also that they kept the Paschal fast, the two days before Easter,
in which the <hi>Bridegroom was taken from them:</hi> but in these days they did
sometimes live on bread and water, <hi>ut cuique videbatur, &amp; haec ex arbitrio
agentes &amp; non ex imperio; they did this not by any command, but by choice and
as they pleas'd themselves:</hi> for so the Catholics did say and believe, <hi>sic &amp;
observasse Apostolos, nullum aliud imponentes jugum certorum, &amp; in commune
omnibus obeundorum jejuniorum,</hi>
                              <note place="margin">Cap. 2.</note> that the Apostles did fast as every Chri<g ref="char:EOLhyphen"/>stian
else did and ought to doe, <hi>ex arbitrio, pro temporibus &amp; causis uniuscu<g ref="char:EOLhyphen"/>jusque,
as every one had cause and opportunity and will;</hi> but they impos'd no
other yoke of certain, and for ever to be observed fasts.
<q>
                                 <l>Laxus ac liber modus abstinendi</l>
                                 <l>Ponitur cunctis: neque nos severus</l>
                                 <l>Terror impellit: sua quemque cogit</l>
                                 <l>Velle potestas.</l>
                                 <l>Sufficit quicquid facias, vocato</l>
                                 <l>Numinis nutu prius, inchoare,</l>
                                 <l>Sive tu mensam renuas, cibumve</l>
                                 <l>Sumere tentes.</l>
                              </q>
So <hi>Prudentius,</hi>
                              <note place="margin">Cathemet. hymn. 8.</note> expressely affirming that even in his time there were no laws
of set and annual fasts: for that very thing <hi>Victor Antiochenus</hi> makes to be
a difference between the Old and New Testament;<note place="margin">in Marc. cap. 2.</note> for the faithfull in that
time had fasting-days appointed by God, <hi>quae proinde modis omnibus explere
obligabantur, etiamsi alias noluissent, which they were bound by all means to
observe though against their will;</hi> but under the Gospel we fast by the love
of vertue, and the choice of our own will, rather then by the coaction of
any law.<note place="margin">Epist. 68. ad Casulanum.</note> For <hi>quibus diebus jejunandum sit nullo Apostolorum praecepto de<g ref="char:EOLhyphen"/>finitum
reperiri,</hi> said S. <hi>Austin; what days we are to fast is no where to be found
determin'd by any precept of the Apostles.</hi>
                           </p>
                           <p>2.<note place="margin">10.</note> This also appears in that we find the original of the Quadragefi<g ref="char:EOLhyphen"/>mal
or Lent-fast attributed to other causes and beginnings then the tradi<g ref="char:EOLhyphen"/>tion
or Canon Apostolical.<note place="margin">Collat. 22. c. 30.</note> 
                              <hi>Cassian</hi> sayes, that <hi>as long as the perfection of
the Primitive Church did remain, there was no observation of a Lent-fast;
for they who spent the whole year in abstinence were not tied with the necessity
of a precept or legal sanction. But when the multitude of the believers
every day cooling in their devotion did brood upon their wealth…..id tunc uni<g ref="char:EOLhyphen"/>versis
sacerdotibus placuit, then it seem'd good to the Bishops to recal men to
the work of holinesse by a Canonical indiction of fasts, and to give to God the
tenth of their days.</hi>
                              <note place="margin">Cap. 9.</note> So that the cause of the institution of this fast was the
universal declension of the Primitive piety: and the Authors of it were
the whole consent of Bishops. Something like this was that of S. <hi>Chry<g ref="char:EOLhyphen"/>sostom,</hi>
who complaining of the diminution of the Primitive heats of pie<g ref="char:EOLhyphen"/>ty,
and their unworthy communicating,<note place="margin">in Vet. Test. T. 5. Hom. in eos qui Pascha jejunent.</note> especially at Easter, addes, <gap reason="foreign">
                                 <desc>〈 in non-Latin alphabet 〉</desc>
                              </gap>,
&amp;c.
<pb n="277" facs="tcp:58903:449"/>
                              <hi>When the Fathers had observ'd the hurt that came from so carelesse conven<g ref="char:EOLhyphen"/>tions,
they meeting together appointed forty days for fasting and prayer and
hearing Sermons, and holy assemblies.</hi> S. <hi>Austin</hi> does not, as <hi>Cassian,</hi> impute
it to the sanction of the Bishops, nor to a Council of the Fathers, as S.
<hi>Chrysostom,</hi> but to the custome of the Church. <hi>Ut quadraginta illi dies
ante Pascha observentur Ecclesiae consuetudo roboravit:</hi>
                              <note place="margin">Epist. 119. ad Januar.</note> 
                              <hi>Sic etiam ut octo dies
Neophytorum distinguantur à caeteris, The custome of the Church hath esta<g ref="char:EOLhyphen"/>blished
the observation of forty dayes before Easter, and the eight dayes after
Easter for the Novices.</hi> Both from the same principle. But it was not the
authority of the Apostles, but the custome of the Church that made it into
a law.<note place="margin">apud Euseb. lib. 5. cap. 26.</note> In <hi>Irenaeus</hi> his time there was a custome of fasting about that time,
for one or two dayes or more, but it was <gap reason="foreign">
                                 <desc>〈 in non-Latin alphabet 〉</desc>
                              </gap>
                              <hi>a simple and a private custome.</hi> But when it was made, it was onely
for the imperfect, and the men of the world that spent their year in gather<g ref="char:EOLhyphen"/>ing
money, and mispent their time; they onely were intended in the con<g ref="char:EOLhyphen"/>stitution.
This we have from S. <hi>Hierom,</hi>
                              <note place="margin">in Galat. l. 2.</note> 
                              <hi>jejunia à viris prudentibus propter
eos constituta fuisse qui magis saeculo vacant quam Deo,</hi> Some prudent men
appointed the solemn fasts for their sakes who spent their time in the af<g ref="char:EOLhyphen"/>faires
of the world, more then in religion. And since it is consentingly af<g ref="char:EOLhyphen"/>firmed
that the great end of the Lent-fast is for preparation to the
Easter communion, what use (at least to this great purpose,) can it be of to
those pious persons who communicate every fortnight, or it may be every
week in the year? But it is true that the great end and ministery of the
Lent-fast was in order to the Easter communion, but it was of such persons
who being admitted to publick penance upon Ashwednesday were reconcil'd
and admitted to the communion upon Easter-day: which custome being
not in use, the use of Lent in order to the chief end to which it did mini<g ref="char:EOLhyphen"/>ster
is wholly lost. It was therefore true which S. <hi>Hierom</hi> said, that Lent
was for the imperfect and secular persons, for publick penitents and persons
convict of scandalous crimes, for men of the world, and not for the religi<g ref="char:EOLhyphen"/>ous,
who every moneth or week observe the religion of Easter, and live in
a state of perpetual preparation. <hi>Perfecti non tenentur lege jejunii,</hi> They
that all the year liv'd strictly were not bound to the observation of Lent:
so <hi>Cassian;</hi> and from him<note n="*" place="margin">de Offic. Ec<g ref="char:EOLhyphen"/>cles. l. 1. c. 36.</note> 
                              <hi>Isidorus Hispalensis</hi> and<note n="†" place="margin">de Instit. Cleric. lib. 2. cap. 20.</note> 
                              <hi>Rabanus Maurus:</hi> and
the same thing also was affirmed by S.<note n="*" place="margin">Homil. 10. in Genes.</note> 
                              <hi>Chrysostom,</hi> from whom <hi>Cassian,</hi>
who was his scholar, might receive it.</p>
                           <p>3.<note place="margin">11.</note> Some of the Ancient and Primitive writers affirm Pope <hi>Teles<g ref="char:EOLhyphen"/>phorus</hi>
to have been the first author of Lent-fast about the year 136. So
<hi>Eusebius</hi> in his <hi>Chronicon</hi> affirms, <hi>Quadragesimale jejunium à Telesphoro
per hoc tempus institutum ac praeceptum quidam scribunt,</hi> Some write that
<hi>Telesphorus</hi> commanded the Quadragesimal fast. <hi>Scaliger</hi> believes this not to
be the saying of <hi>Eusebius,</hi> as not being to be found in the Greek MS. copies:
but however, till <hi>Scaliger</hi>'s time it was in the middle ages of the Latin
Church and so downwards believed; and it was affirmed expressely by
<note n="*" place="margin">ubi suprà, cap. 34.</note> 
                              <hi>Rabanus Maurus</hi> and<note n="†" place="margin">de Divin. offic. l. 4. c. 9.</note> 
                              <hi>Rupertus.</hi>
                           </p>
                           <p>4.<note place="margin">12.</note> The Thing and the Name was unknown in the Church in the first
three Ages. This is very apparent in <hi>Tertullian,</hi> who making his apology
for the fasting-dayes of <hi>Montanus,</hi> sayes they are no such great matter that
the <gap reason="foreign">
                                 <desc>〈 in non-Latin alphabet 〉</desc>
                              </gap> 
                              <hi>the spiritual men</hi> (so he calls the <hi>Catholics</hi>) should complain of
them as of so intolerable yoke upon the Disciples. It was but ten dayes
<pb n="278" facs="tcp:58903:450"/>
in all;<note place="margin">Sozom. l. 7. cap. 19. Petav. in not <gap reason="illegible" resp="#TECH" extent="1 letter">
                                    <desc>•</desc>
                                 </gap> ad Epiph. p. 361. Tertull. de je<g ref="char:EOLhyphen"/>jun. c. 15.</note> two weeks, abating Saturdays and Sundays: and <hi>Sozomen</hi> sayes
these two weeks were before Easter. Now if the Catholics had known of
our Lent then, of forty dayes fast, they would never have been so un<g ref="char:EOLhyphen"/>reasonable
to complain of the ten dayes of <hi>Montanus;</hi> and that was all he
impos'd in the whole year, let the time be when it will. And yet this was
more then the Catholics did; for when from their practice (as I noted be<g ref="char:EOLhyphen"/>fore)
<hi>Tertullian</hi> would fain have drawn some warranty and countenance, he
sayes that <hi>the Apostles did not quite extinguish all difference of dayes;</hi>
                              <note place="margin">Cap. 14.</note> 
                              <hi>for if
they did, why did the Catholics then observe Easter every year? why the fifty
dayes of joy after it? why the Wednesday and Friday fast, and</hi> [good Friday or]
<hi>the preparation-day? and why the Saturday fast? though indeed this ye never
fast but at Easter.</hi> Here is all the solennities both of feastings and fastings
which the Church then had: and therefore it is easy without much dili<g ref="char:EOLhyphen"/>gence
to discover the weaknesse of those pretences which derive from more
ancient record, but indeed are nothing but deceptions and interpolations.
Such as is the 69<hi rend="sup">th</hi> 
                              <hi>Canon</hi> Apostolical, which commands the observation of
Lent to a Clergy-man under pain of deposition, to a lay-man under excom<g ref="char:EOLhyphen"/>munication.
But the imposture of these Canons, especially of the last 36,
amongst which this is one, are abundantly acknowledged by men of all per<g ref="char:EOLhyphen"/>suasions.
And so is that of S. <hi>Ignatius</hi> to the <hi>Philippians, Despise not the
Lent, for it contains an imitation of the conversation of our Lord.</hi> But of
this Epistle the Ancients make no mention,<note place="margin">Dissert. ad Ignat. cap. 12.</note> and that it is supposititious is
very fully proved by the learned and most Reverend Primate of <hi>Ardmagh,</hi>
and it is so notorious as nothing can be more; for the author of this Epistle
condemns that which S. <hi>Ignatius</hi> and his neighbour-Churches did, and
calls him <hi>a companion of them that killed Christ, that keeps Easter after the
manner of the Jews.</hi> But of this enough. But as to the thing; If the Lent
fast were of Apostolical institution, it were strange there should be no men<g ref="char:EOLhyphen"/>tion
of it in the certain writings of the three first ages; not a word of it in
<hi>Justin Martyr</hi> or S. <hi>Irenaeus,</hi> in <hi>Tertullian</hi> or <hi>Clemens Alexandrinus,</hi> in
<hi>Clemens Romanus</hi> his genuine Epistle to the <hi>Corinthians,</hi> nor in S. <hi>Cyprian.</hi>
There is indeed a little shred taken out of <hi>Origen</hi>'s tenth homily on Leviti<g ref="char:EOLhyphen"/>cus
[<hi>Habemus enim quadragesimae dies jejuniis consecratos] we have the dayes
of Lent design'd for fasting.</hi> But concerning this I can onely say that the
homilies were supposed to be S. <hi>Cyril</hi>'s, written in the fifth age and publish'd
in his Name; but whoever be the author, he that wrote them destroys
the letter of the Scripture all the way, out of his own brain, and is a man
of no great authority,<note place="margin">de Verbo Dei lib. 4. c. 11.</note> sayes <hi>Bellarmine:</hi> and therefore it remains certain
that in the three first ages of the Church there was no mention made of
the quadragesimal or forty-dayes fast in Lent, and therefore it was not de<g ref="char:EOLhyphen"/>riv'd
as a law or by rule from the Apostles: but so strange a thing it was
that there should be any common prescript fasts, that <hi>Apollonius</hi> accus'd
<hi>Montanus</hi> for it, he was <gap reason="foreign">
                                 <desc>〈 in non-Latin alphabet 〉</desc>
                              </gap>, <hi>he taught
the solutions of marriage, and made a law for fasting-dayes.</hi>
                           </p>
                           <p>5.<note place="margin">13.</note> The Quadragesimal fast was relative and ever in order to the Easter
feast, and therefore could not be before that for whose sake it was appoin<g ref="char:EOLhyphen"/>ted.
But the feast of Easter was, and the Sunday festival was introduc'd
by custome and arbitrary choice, for relaxation of labours and the memory
of Christs resurrection: indeed it was at the beginning of the dissemina<g ref="char:EOLhyphen"/>tion
and prevailing of Christianity, but it was without a Divine command,
or an Apostolical Canon,<note place="margin">lib. 5. c. 22.</note> if we may believe <hi>Socrates.</hi> 
                              <gap reason="foreign">
                                 <desc>〈 in non-Latin alphabet 〉</desc>
                              </gap>,
<pb n="279" facs="tcp:58903:450"/>
                              <hi>The
feast of Easter and other feasts, every man as they pleas'd in several places
did out of a certain custome celebrate the memory of the salutary Passion. For
neither our Saviour nor the Apostles appointed this by a law.</hi> For the Apo<g ref="char:EOLhyphen"/>stles
did not trouble themselves about making laws for feasts, <gap reason="foreign">
                                 <desc>〈 in non-Latin alphabet 〉</desc>
                              </gap>,
<hi>but to introduce piety and a good life.</hi>
The rest was permitted to the good will of the Churches, who being sen<g ref="char:EOLhyphen"/>sible
of the great benefits of Christs passion and resurrection, would quick<g ref="char:EOLhyphen"/>ly
introduce a custome of such a pious gratitude:<note place="margin">Hist. lib. 12. c. 32.</note> and <hi>Nicephorus</hi> tels the
same story, and in words very like. And the thing was not long in doing;
it was so reasonable, so pious, so obvious, so ready and prepar'd, that at
the very beginning all Christians did it, though, as it happens, in several
Churches after several manners. And supposing that these Greeks say true,
yet it is no more lessening to the sacrednesse of that great feast, that the
Apostles did not intend to make laws concerning it, then it is to Baptisme,
that S. <hi>Paul</hi> sayes, <hi>Christ sent him not to baptize, but to preach the Gospel;</hi>
that is, though to baptize was a holy office, yet he was to attend some<g ref="char:EOLhyphen"/>thing
that was greater and requir'd his diligence and presence. But this
addes some moments to the sacrednesse of this and other such feasts, that
the Apostles left it to the piety and good will of the Churches, as knowing
that the Spirit of God, which they had receiv'd to this and greater pur<g ref="char:EOLhyphen"/>poses,
was more then sufficient for the leading them into a specification of
their piety and gratitude upon such great causes: and it was a very great
matter that instantly all Churches did consent in the duty, without any law,
or common teacher, but the Spirit of God and right reason. The result
of this consideration is this, That if the Apostles left the celebration of
Easter and other feasts to the choice and piety of the Churches, it is not
likely that they bound the Lent-fast by a Canon, since the Lent was always
acknowleged to be a preparation for Easter, and was never heard of before
there was a Christian Easter. But if I may have leave to interpose my con<g ref="char:EOLhyphen"/>jecture
(for it is no more) I suppose <hi>Socrates</hi> by <hi>Pascha</hi> does not mean the
day of the Resurrection, but the day of the Passion; and that he intends
onely to say that the solemnity of the good-Friday devotion was not ap<g ref="char:EOLhyphen"/>pointed
by Christ and his Apostles, but left to the piety and gratitude of
the Church. The reasons of my conjecture are these. 1. Because <hi>Socrates</hi>
calls it <gap reason="foreign">
                                 <desc>〈 in non-Latin alphabet 〉</desc>
                              </gap>; <hi>the memorial of Christs passion;</hi> which
the Easter Sunday was not, but of the resurrection. 2. Because we find the
word <hi>Pascha</hi> us'd by the Ancient Fathers in the same sense; <gap reason="foreign">
                                 <desc>〈 in non-Latin alphabet 〉</desc>
                              </gap>
said <hi>Timotheus Alexandrinus, to fast on the Pasch:</hi> so <gap reason="foreign">
                                 <desc>〈 in non-Latin alphabet 〉</desc>
                              </gap>, S.
<hi>Clement</hi> calls the good-friday fast, <hi>the Paschal fast,</hi> meaning that then began
the Jewish passeover, and then Christ our Passeover was offered for us. So
<hi>Tertullian,</hi>
                              <note place="margin">lib. de Orat. c. 14.</note> 
                              <hi>Sic &amp; die Paschae, quo communis &amp; quasi publica jejunii religio
est, merito deponimus osculum,</hi> &amp;c. The day of the Pasch is a publick and
a common day for the religion of fasting; which because it was never true
of Easter-day, and being always true of good-friday, he must mean this.
3. Because it is very probable that the Easter festival was <hi>in use,</hi>
                              <note place="margin">Vide lib. 2. Chapt. 2. Rule 6. Numb. 55, 56.</note> though <hi>not
commanded,</hi> in the Apostles time, therefore because they kept the memo<g ref="char:EOLhyphen"/>rial
of the resurrection the first day in every week; and therefore <hi>Socrates</hi>
could not in all likelyhood mean that day, but the <hi>Pascha passionis, the
Paschal passion,</hi> not the Paschal resurrection. And then upon this account,
though this fifth argument will not prevail, it is because we need it not; for
<pb n="280" facs="tcp:58903:451"/>
whatever destroys the premisses in this case, does establish the Conclusion.
For if by <hi>Pascha</hi> he means the Paschal fast, that is, good-Friday, then he
gives testimony, and that very consonantly to the prime antiquity, that it
was left free and undetermin'd by Christ and his Apostles: but if he should
mean the Easter feast, and did say true, yet it will follow from hence, that
much more must the preceding fast be left undetermin'd.</p>
                           <p>6. If any man should say that Kings are all created,<note place="margin">14.</note> as <hi>Adam</hi> was, in
full stature and manhood by God himself immediately, he could best be con<g ref="char:EOLhyphen"/>futed
by the midwives and the nurses, the School-masters and the servants
of the family, and by all the neighbourhood, who saw them born infants,
who took them from their Mothers knees, who gave them suck, who carried
them in their armes, who made them coats and taught them their letters,
who observed their growth &amp; chang'd their ministeries about their persons.
The same is the case of the present article. He that sayes our Lent, or forty
days fast before Easter, was established by the Apostles in that full growth
&amp; state we now see it, is perfectly confuted by the testimony of those ages
that saw it's infancy &amp; childhood, &amp; help'd to nurse it up to it's present bulk.</p>
                           <p>For it is not to be denied but that from the very first ages of the
Christian Church of which we have any records,<note place="margin">15.</note> it was with sacrednesse and
religion observed that before the feast of Easter they should fast. <gap reason="foreign">
                                 <desc>〈 in non-Latin alphabet 〉</desc>
                              </gap>
S. <hi>Clement</hi> calls it; <gap reason="foreign">
                                 <desc>〈 in non-Latin alphabet 〉</desc>
                              </gap>,
so the Council of <hi>Gangra</hi> about the time of the
<hi>Nicene</hi> Council, <hi>the fasts which were delivered in common, and observed by
the Church;</hi>
                              <note place="margin">apud Socrat. lib. 2. Hist. cap. 3.</note> 
                              <gap reason="foreign">
                                 <desc>〈 in non-Latin alphabet 〉</desc>
                              </gap>, <hi>the appointed fasts,</hi> so <hi>Constantine</hi> call'd
them. But this Paschal fast was nothing like ours, it was not our Quadrage<g ref="char:EOLhyphen"/>simal;
it was but a fast of one or two days at first and in some places. For
at first the Christians were very shie of receiving any load of ordinances and
burdens to their consciences, as soon as ever they had entred into the li<g ref="char:EOLhyphen"/>berty
of Christians. They did all that reason, and all that love would re<g ref="char:EOLhyphen"/>quire:
but if love was the parent of their observations, they would doe
them in love, and not in necessity, lest they should be again intangled in a
yoke of bondage. That they kept their fasts with liberty, besides the fore<g ref="char:EOLhyphen"/>going
testimonies,<note place="margin">lib. 5. Haeretic. fabul. cap. 29.</note> is expressely affirmed by <hi>Theodoret,</hi> who blaming the
heretics that abstain'd from flesh and wine as being abominable. <hi>Ecclesia
vero</hi> (saith he) <hi>de his nihil praecipit: neque enim horum usum interdicit.
Ideo alii quidem permissis voluptatibus securi fruuntur, alii verò
abstinent: &amp; nemo qui rectè sapiat condemnat eum qui comedit; nam
&amp; abstinentia &amp; participatio sunt in mentis potestate.</hi> But the Church
commands nothing in these things, and forbids not to use flesh and wine;
and therefore some enjoy them freely, others doe abstain, and no wise man
condemns him that eats: for to eat or to abstain is in the power of every
mans will. Now if the Church had from the Apostles receiv'd a law of
the Lent-fast, or if in the Church there had been a law to command absti<g ref="char:EOLhyphen"/>nence
from flesh in Lent, it had not been truly said of <hi>Theodoret, Ecclesia de
his nihil praecipit;</hi> for a commandement for a time and a revolving period,
certainly is a commandement. But this further appears in the variety
which is in all the actions and minds of men when they are at their own
choice. Of this a fragment of <hi>Irenaeus</hi> mention'd by <hi>Eusebius</hi> is a great
testimony:<note place="margin">lib. 5. Hist. cap. 26.</note> for there had been an unlucky difference between the Western
and Eastern Churches about their keeping of Easter, and Pope <hi>Victor</hi> was
<pb n="281" facs="tcp:58903:451"/>
transported into heats upon the question, and received from S. <hi>Irenaeus</hi> this
sober advertisement, <hi>For there is not onely a controversy about the day of
Easter, but about the kind of fasting. For some suppose they ought to fast
but one day, others two, others more; some measure their day by forty hours of
day and night. And this variety of them that observe the fasts did not begin
in our age, but long before us with our Ancestors, who, as it is likely, retaining
a custome introduc'd by simplicity and a private choice, did propagate it to
posterity. And yet neverthelesse all these liv'd peaceably one with another,
and we also keep peace together; for the difference of the fast is so far from
violating the agreement of faith, that it does commend it rather.</hi> Here was
the Paschal fast observ'd by all men, but with great variety and a propor<g ref="char:EOLhyphen"/>tionate
liberty. The cause of the variety was this, which was also the
ground of their practice. They thought that the words of Christ, [<hi>when
the bridegroom shall be taken from them, in those days shall they fast</hi>] were
to be meant of the interval of Christs death and burial,<note place="margin">lib. de Jejun. c. 14.</note> as we learn from
<hi>Tertullian.</hi> Now because it was but one whole day that Christ was in the
grave, some fasted but one day, beginning on the Friday afternoon. Others
consider that Christ was about 40 hours dead, and the bridegroom was ab<g ref="char:EOLhyphen"/>sent
so long; and therefore reckon'd their fast to 40 hours, beginning from
the ninth hour on good-Friday, &amp; eating nothing till the morning of Easter
day: and this was the most severe and the most prevailing amongst them;
and this is the <gap reason="foreign">
                                 <desc>〈 in non-Latin alphabet 〉</desc>
                              </gap> the quadragesimal fast, this gave occasion to the
name, which was kept when the forty hours was chang'd into forty dayes,
and new analogies and new reasons found out for it, and their fasting for the
absence of the bridegroom was chang'd into a fasting in imitation of <hi>Moses</hi>
and <hi>Elias</hi> and our Blessed Saviour in the wildernesse. Onely by the way
let me observe that at first they had no appointed fasts, but of those hours
in which the bridegroom was taken from them, that is, none but the Pas<g ref="char:EOLhyphen"/>chal
fast; as <hi>Tertullian</hi> expressely affirms,<note place="margin">lib. de Jejun. cap. 2.</note> 
                              <hi>illos dies jejuniis determinatos pu<g ref="char:EOLhyphen"/>tasse
in quibus ablatus est sponsus, &amp; hos esse jam solos legitimos jejuniorum
Christianorum, The Catholics had no other days appointed for fastings, no
other were the legitimate fasting days for Christians</hi> (as they thought) <hi>but
onely those in which the Bridegroom was taken from them.</hi>
                           </p>
                           <p>But S. <hi>Irenaeus</hi> said that some fast one day,<note place="margin">16.</note> some two, and others more.
Some kept the whole six days of the Passion week; we find mention made
of it in <hi>Dionysius Alexandrinus</hi> about the 255<hi rend="sup">th</hi> year of Christ, <gap reason="foreign">
                                 <desc>〈 in non-Latin alphabet 〉</desc>
                              </gap>,<note place="margin">Epist. can. ad Basil.</note>
                              <hi>the six days of fasting;</hi> but he affirms that all doe not equally
observe them. For some fast all the six days, some two, some three, some
four,<note place="margin">lib. 3. Exp. fi<g ref="char:EOLhyphen"/>dei &amp; hae<gap reason="illegible" resp="#TECH" extent="2 letters">
                                    <desc>••</desc>
                                 </gap>s. 75.</note> some none. But by <hi>Epiphanius</hi> his time the fast had possess'd the
whole six days almost every where, <gap reason="foreign">
                                 <desc>〈 in non-Latin alphabet 〉</desc>
                              </gap>,
<hi>All the people spend the six days of the Pasch, or
before Easter, in dry diet:</hi> but by this time the word <gap reason="foreign">
                                 <desc>〈 in non-Latin alphabet 〉</desc>
                              </gap> or Quadra<g ref="char:EOLhyphen"/>gesima
had prevail'd, and was us'd to signify the Paschal fast. The word
was us'd in the Council of <hi>Nice,</hi> which commanded two Synods every year
to be held in the Provinces, and the first of them to be <gap reason="foreign">
                                 <desc>〈 in non-Latin alphabet 〉</desc>
                              </gap> 
                              <hi>in
the Quadragesimal fast.</hi> But this did not signify the fast of forty days, for
that was not yet brought into the Church.</p>
                           <p>But first the matter is clear that the word <hi>Quadragesima</hi> is often us'd in
antiquity and by other good Authors to signify a set time of fast,<note place="margin">17.</note> but plain<g ref="char:EOLhyphen"/>ly
lesse then forty days.<note place="margin">Epist. 54. ad Marcel.</note> S. <hi>Hierom</hi> sayes that the Montanists doe make <hi>tres
<pb n="282" facs="tcp:58903:452"/>
in anno quadragesimas, three Lents;</hi> and yet two of them were but of five
days a piece, and whether the third was more or lesse we cannot tell: and
this <hi>Tertullian</hi> plainly affirms,<note place="margin">lib. de jejun. c. 15.</note> who was himself a Montanist. And this
thing also came into the practice of some Catholics; for they did so too in
the time of <hi>Amalarius,</hi> they kept <hi>tres quadragesimas, three quadragesimal
fasts;</hi>
                              <note place="margin">lib. 4. de offic. Eccles. c. 37.</note> and yet that before Midsummer and that before Christmas were
much shorter then forty days. The same word is several times used by
<note n="a" place="margin">lib. 4. de in<g ref="char:EOLhyphen"/>stit. <gap reason="illegible" resp="#TECH" extent="3 letters">
                                    <desc>•••</desc>
                                 </gap>ic. c. 1.</note> 
                              <hi>Rabanus Maurus</hi> and<note n="b" place="margin">lib. 6. Ratio<g ref="char:EOLhyphen"/>nal. de 1<hi rend="sup">a</hi> 40<hi rend="sup">mae</hi> Dominic.</note> 
                              <hi>Durandus.</hi> But that the use of the word may be no
prejudice to the right understanding of the thing, we find the thing noted
by<note n="c" place="margin">Hist. lib. 5. c. 22.</note> 
                              <hi>Socrates</hi> and wondred at exceedingly, that since there was so great diffe<g ref="char:EOLhyphen"/>rence
in the number of days, yet all alike called it <gap reason="foreign">
                                 <desc>〈 in non-Latin alphabet 〉</desc>
                              </gap>, or <hi>the
quadragesimal fast.</hi> The same also we find in<note n="d" place="margin">lib. 7. cap. 19.</note> 
                              <hi>Sozomen,</hi> noting that some
did onely observe three weeks of five days to the week, out of the number
of the seven antepaschal weeks, and yet neverthelesse called it <hi>Quadragesi<g ref="char:EOLhyphen"/>ma:</hi>
and the same also we find in <hi>Nicephorus,</hi> who (I suppose) transcrib'd it
from them: and in <hi>Cassian</hi>'s time, when the Lent-fast came up to the number
of 36 days,<note place="margin">in notis ad Tertull. de jejun.</note> yet he still calls it the <hi>Quadragesima</hi> or <hi>the</hi> 40 <hi>days fast:</hi> and it
is no wonder, if <hi>Rigaltius</hi> say true, that all the set and stationary fasts of
the Primitive Christians were called <hi>Quadragesimals.</hi> But the first use of
the word is in the <hi>Nicene</hi> Council; unlesse the words of <hi>Origen</hi> be allowed
to be good record: but yet both in <hi>Origen,</hi> and in the <hi>Nicene</hi> Council,
though the word be us'd, yet without any remark of the number of the
days, or intimation of it, untill the Council of <hi>Laodicea</hi>
                              <note n="*" place="margin">A. D. 460. Can. 50.</note>, which mentions
more weeks then one in the Lent, commanding to fast also upon <hi>the Thurs<g ref="char:EOLhyphen"/>day
of the last week in Lent.</hi> For by this time it was come to three weeks,
in some places more, and in some lesse, as appears in <hi>Socrates, Sozomen,
Cassian</hi> and <hi>Nicephorus</hi> above quoted.</p>
                           <p>But for the reason of the word <hi>Quadragesima</hi> there are various conje<g ref="char:EOLhyphen"/>ctures.<note place="margin">18.</note>
                              <hi>Cassian</hi> says it is an imitation of Christs fast of forty days,<note place="margin">Collar. 21. cap. 28.</note> and so
had the name from thence. But he addes some little Cabalistical things of
the number of forty in the Scripture, which are to no great purpose. But
his first conjecture is not altogether unreasonable; and <hi>Rigaltius</hi> makes use
of it, saying that the Apostles having obliterated the Jewish fasts, to which
Christs forty days fast put an end, and asserted us into liberty, they would
upon that day on which Christ wrought our liberty for us, <hi>nailing the hand<g ref="char:EOLhyphen"/>writing
of ordinances to his Crosse,</hi>
                              <note place="margin">ubi suprà</note> consecrate a fast to the memorial of this
great work of redemption for us; [<hi>ut obliteratis Judaeorum Sabbatis jeju<g ref="char:EOLhyphen"/>nia
sua Christiani, quae Domino suo tantula pro tantis offerrent, de jejunii Do<g ref="char:EOLhyphen"/>minici
spatio vocitarent] that the Christians might call their fast by a name
taken from the duration of the Lords fast, that since they could not attain to
that great fast, they might at least have it in venerable memory.</hi> But this
although it be ingenious and pretty, yet it is something violent, and hath
no warrant from antiquity; and the question is better answer'd from the
words of <hi>Irenaeus</hi> in <hi>Eusebius,</hi> who sayes that they who kept the Paschal
fast would some of them produce the fast to forty hours: now the whole
fast being in memory of the bridegrooms being taken away, and he having
been absent, as they computed it, forty hours, this proportion did better
carry the analogy, and therefore easily carried away the name, and a quadra<g ref="char:EOLhyphen"/>gesimal
of hours is as proper as a quadragesimal of days, and hath a better
warranty then any other conjecture. But this I remark'd before.</p>
                           <p>
                              <pb n="283" facs="tcp:58903:452"/>
But afterwards the number of weeks increas'd:<note place="margin">19.</note> it came in some places
to six and seven weeks;<note place="margin">Collat. 21. c. 27.</note> so <hi>Cassian.</hi> But it was <hi>diverso more,</hi> for some would
fast Saturdays, and some would not; but they made it but to be 36 days
however: so we find it in S. <hi>Gregory,</hi> that 42 days were the appointment of
Lent,<note place="margin">lib. 40. Homil. Hom. 16.</note> but taking away the Sundays, six and thirty days remain for fasting.
But in all this whole affair there was nothing yet universally determin'd by
any law of the universal Church. <hi>For in</hi> Rome <hi>about the year</hi> 437 <hi>they
fasted but three weeks before Easter,</hi> [and out of them they excepted Satur<g ref="char:EOLhyphen"/>days
and Sundays<note n="*" place="margin">Hac clausula inseritur in loco non suo: oportuit enim p<gap reason="illegible" resp="#TECH" extent="1 letter">
                                    <desc>•</desc>
                                 </gap>st narrationem de Ecclesiis Grac<gap reason="illegible" resp="#TECH" extent="1 letter">
                                    <desc>•</desc>
                                 </gap> &amp; Alex<g ref="char:EOLhyphen"/>andrina interseri. Videat lector Hugonem Menar<g ref="char:EOLhyphen"/>dum in notis ad Gregor. Sacram. qui etiam aliter emendat hunc locum satis mendosum.</note>.] <hi>But in Illyricum, in Greece &amp;
Alexandria they begin their Lenten fast above six
weeks before Easter. Others begin seven weeks before
Easter, but fast by intervals, and observe but fifteen
days in all: and yet all call this the quadragesimal fast.</hi> So<note n="*" place="margin">lib. 5. c. 22. Homil. 16. ad pop. Antioch.</note> 
                              <hi>Socrates.</hi> And
S. <hi>Chrysostom</hi> sayes it was the custome against Easter to ask every one how
many weeks he had fasted; and you should hear some answering <hi>two,</hi> some
<hi>three,</hi> some <hi>all.</hi> For at <hi>Constantinople</hi> the Lent was longest: It was of
seven weeks there and all up unto <hi>Phoenicia,</hi>
                              <note place="margin">lib. 7. c. 19. lib. 12. c. 34.</note> as <hi>Sozomen</hi> and <hi>Nicephorus</hi> re<g ref="char:EOLhyphen"/>port:
but all this while with liberty, by custome, and without a law. S.
<hi>Austin</hi> tells that in some places they would not fast the Thursdays in Lent:<note place="margin">Epist. 118. ad Januar.</note>
indeed the Council of <hi>Laodicea</hi> had commanded they should, but that was
but provincial, and did not oblige and was not received every where; and
that saying which is reported out of the constitutions of S. <hi>Clement</hi> might
prevail as far, <hi>Jejunium quintae hypocritarum est.</hi> But at <hi>Rome</hi> this was then
observed, they did not fast on Thursdays, nor yet on Tuesdays, or they
might chuse:<note place="margin">Serm. 4. de 40<hi rend="sup">ma</hi>
                              </note> so we find in S. <hi>Leo</hi> exhorting them to the Monday, Wednes<g ref="char:EOLhyphen"/>day,
Friday and Saturday fast, and on Saturday to watch beside. And because
of the defalcation of these days in every week, some that were very zea<g ref="char:EOLhyphen"/>lous
made up their Lent to be eight weeks, and began it on <hi>Sexagesima</hi>
Sunday, but at last it setled upon Ash-wednesday, and hath endur'd so to this
day in many of the Western Churches.</p>
                           <p>Now if all this be not sufficient to prove that the forty days fast of
Lent was not a Canon or institution Apostolical,<note place="margin">20.</note> I cannot tell by what
measures the question can be filled: and if the Apostles were the Authors
of it, yet because the Churches kept themselves in great liberty and varie<g ref="char:EOLhyphen"/>ty,
it is certain that if they did so still, there would be no diminution to re<g ref="char:EOLhyphen"/>ligion.
For the use of it being wholly for preparation to the Easter com<g ref="char:EOLhyphen"/>munion,
and the setting apart some portion of our time for God's service,
it can then onely be of use, when it ministers to such ends with an advan<g ref="char:EOLhyphen"/>tage
so great as to recompence the trouble, and so material as to quit it
from a vain observance. * But how it can be enjoyn'd, and how it ought
to be practis'd, I shall consider in the inquiries concerning the condition
of Ecclesiastical laws. Here I was onely to quit the Conscience of this
snare which is laid for her by some unskilfull Fowlers, and to represent
that the Apostles did not by any Rule or Canon oblige the Christian
Churches.</p>
                           <p>That which remains is this,<note place="margin">21.</note> that we consider that it is and ought to be
no prejudice to this liberty, that S. <hi>Hierom</hi> calls Lent an Apostolical tra<g ref="char:EOLhyphen"/>dition.
For it was very easy for them who lov'd the institution, and knew
it very ancient, and that the custome of it did descend from Apostolical
persons, to call it <hi>a tradition Apostolical.</hi> It is no wrong to S. <hi>Hierom</hi> if we
<pb n="284" facs="tcp:58903:453"/>
think he did so here: for he did as much as this comes to in the question of
the Saturdays fast, for in his Epistle to <hi>Lucinus</hi> he sayes, <hi>Unaquaeque pro<g ref="char:EOLhyphen"/>vincia
abundet in sensu suo, &amp; praecepta majorum leges Apostolicas arbitretur,
Let every Province abound in their own sense, and suppose the precepts of
their Ancestors to be Apostolical laws.</hi> But that the Churches had no such
law upon them, but were at liberty, appears from all the premisses; which I
summe up with the words of S. <hi>Austin.</hi> The Christians, not that the
meats are unclean,<note place="margin">contr. Faustum Manich. l. 30. cap. 5.</note> but for mortification, doe abstain from flesh and fruits;
some few always, or else at certain times: <hi>Sicut per quadragesimam ferè
omnes, quanto magis quisque vel minus voluerit, seu potuerit, As in Lent
almost all men, more or lesse according as every man is able, or as every man is
willing.</hi>
                           </p>
                           <p>He that desires to see more particulars concerning the history,<note place="margin">22.</note> the
original, the variety and increase of Lent, may, if he please, read them in
<hi>Cassian,</hi> in <hi>Amalarius, Alcuinus</hi> &amp; <hi>Rabanus</hi> of old, and of late, in <hi>Durandus,</hi> in
<hi>Hugo Menardus</hi> a Benedictine his notes in <hi>Gregor. Sacramentarium,</hi> in <hi>Peta<g ref="char:EOLhyphen"/>vius</hi>
his notes upon <hi>Epiphanius, Rigaltius</hi> upon <hi>Tertullian, Scaliger</hi>'s admi<g ref="char:EOLhyphen"/>rable
animadversions upon <hi>Eusebius,</hi> in that excellent Epistle of <hi>Erasmus</hi> to
the Bishop of <hi>Basil de interdicto esu carnium,</hi> in <hi>Delaunoy, Filescac</hi> and
<hi>Daille</hi>
                              <note n="*" place="margin">de j<gap reason="illegible" resp="#TECH" extent="1 letter">
                                    <desc>•</desc>
                                 </gap>juniis &amp; 40<hi rend="sup">ma</hi>
                              </note>. Out of these any man may satisfy his curiosity; I have endeavour'd
onely to satisfy the Conscience.</p>
                           <p>Concerning the weekly fasts of Friday and Saturday,<note place="margin">23.</note> the former of
them is of great antiquity in the Church, as being in use in <hi>Tertullian</hi>'s time,
and without variety alwayes observed after it once began. We find the
Wednesday and Friday fast mentioned by <hi>Clemens Alexandrinus,</hi> and the
Wednesday station is equally in <hi>Tertullian.</hi>
                              <note place="margin">Stromat. 7.</note> But the Saturday fast was for
some ages counted abominable in the whole Church; but it came into the
Latin Church in time, but with so much scandal to the Greeks, that in the
year of our Lord 707 they excommunicated them that fasted on the Satur<g ref="char:EOLhyphen"/>day,
and to this day persevere in the same mind. But that neither one nor
the other was of Apostolical institution, is of it self clear by the conse<g ref="char:EOLhyphen"/>quence
of the former discourse concerning Lent; the Apostles having
made no laws concerning fasting-days, as I have made apparent. * The Ro<g ref="char:EOLhyphen"/>gation
fast (all the world knows) was instituted by <hi>Mammercus</hi> Bishop of
<hi>Vienna:</hi> and as for the Ember-weeks, they can pretend to no antiquity that is
Primitive, and rely for their authority upon a spurious epistle of Pope <hi>Ca<g ref="char:EOLhyphen"/>lixtus,</hi>
which is pretended to have been written about the year 221, and
which is abundantly detected of forgery by many persons, but especially
by M<hi rend="sup">r</hi> 
                              <hi>Blondel. Tertullian</hi>'s words are a hatchet to cut off all fasting-days
from pretending to Apostolical authority, affirming that the Montanists did
fast but two weeks in the whole year, and in them not on Saturdays and
Sundays (though S. <hi>Hierom</hi> is pleas'd to lay three Lents to their charge,)
and that the Catholics blam'd them for imposing so much; but themselves
did fast onely upon those days the bridegroom was taken from them, that
is, the paschal fast; that they did sometimes interpose half-fasts, and live on
bread and water for some time,<note place="margin">Co<gap reason="illegible" resp="#TECH" extent="2 letters">
                                    <desc>••</desc>
                                 </gap>a <gap reason="illegible" resp="#TECH" extent="2 letters">
                                    <desc>••</desc>
                                 </gap>ych. <gap reason="illegible" resp="#TECH" extent="1 letter">
                                    <desc>•</desc>
                                 </gap> 2. 13, 15.</note> but <hi>ut cuique videbatur, haec ex arbitrio agen<g ref="char:EOLhyphen"/>tes,
non ex imperio, as every man saw cause, doing these things by choice and
not by command.</hi>
                           </p>
                           <p>
                              <pb n="285" facs="tcp:58903:453"/>
The result of this discourse is this,<note place="margin">24.</note> That the Apostles did not lay a
yoke upon the Disciples neck in the matter of fasting, much lesse in the
forty days fast of Lent; that as in relation to the Apostles, the Conscience
is at liberty. Now whether or no any positive constitution of the Rulers of
our Churches can or doe oblige the Conscience to the observation of Lent,
and how farre, I shall consider in the next Paragraph of this Chapter.</p>
                        </div>
                     </div>
                     <div n="14" type="rule">
                        <head>RULE XIV. The Canons of the ancient General and Provincial
Councils are then laws to the Conscience when
they are bound upon us by the authority of the
respective Governours of Churches.</head>
                        <p>A General Council is nothing but the union of all the Ecclesiastical pow<g ref="char:EOLhyphen"/>er
in the world.<note place="margin">1.</note> The authority of a General Council in matters of
Government and Discipline is no greater, no more obligatory then the au<g ref="char:EOLhyphen"/>thority
of a Provincial Council to those who are under it. A General
Council obliges more Countries and more Dioceses, but it obliges them
no more then the Civil and Ecclesiastic power obliges them at home A
General Council is an Union of Government, a consent of Princes and Bi<g ref="char:EOLhyphen"/>shops,
and in that every one agrees to govern by the measures to which there
they doe consent: and the consent of opinions addes moment to the laws,
and reverence to the sanction; and it must prevail against more objections
then Provincial decrees, because of the advantage of wisdome and consul<g ref="char:EOLhyphen"/>tation
which is suppos'd to be there, but the whole power of obliga<g ref="char:EOLhyphen"/>tion
is deriv'd from the Authority at home. That is, if twenty Princes
meet together and all their Bishops, and agree how they will have their
Churches governed, those Princes which are there and those Bishops
which have consented are bound by their own act, and to it they must stand
till the reason alters, or a contrary or a better does intervene; but the
Prince can as much alter that law when the case alters, as he can abrogate
any other law to which he hath consented. But those Princes which were
not there, whatever the cause of their absence be, are not oblig'd by that
General Council; and that Council can have no authority but what is given
them by consent, &amp; therefore they who have not consented, are free as ever.</p>
                        <p>The Council of <hi>Florence,</hi>
                           <note place="margin">2.</note> so called because, though it was begun at
<hi>Ferrara,</hi> yet it was ended there, Pope <hi>Clement</hi> 7<hi rend="sup">th</hi> calls the eighth General
Council in his Bull of April 22<hi rend="sup">th</hi> 1527.<note place="margin">Vide Surium in Epist. ad le<g ref="char:EOLhyphen"/>ctorem, ante Concil. Ferrar. tom. 4. Concil.</note> yet others call it the 16<hi rend="sup">th</hi>: but it
was never receiv'd in <hi>France,</hi> as <hi>Panormitan</hi>
                           <note n="*" place="margin">in Tract. de Concil. Basil. circa princ. n. 6. Vide etiam Ni<g ref="char:EOLhyphen"/>colaum de Cle<g ref="char:EOLhyphen"/>mangiis</note> tells us: for the King of
<hi>France</hi> did forbid expressely and upon great penalties that any of his sub<g ref="char:EOLhyphen"/>jects
should goe to <hi>Ferrara</hi> to celebrate that Council; and after it had been
celebrated, and <hi>Charles</hi> the 7<hi rend="sup">th</hi> was desir'd by Pope <hi>Eugenius</hi> to accept it,
he told the Legates plainly, that he had never taken it for a Council, and he
never would. The Council of <hi>Basil,</hi> though the King of <hi>France</hi> had sent
his Embassadors thither, and had received it as a Council, yet he approved
it but in part, for he rejected the last thirteen sessions, and approv'd onely
<pb n="286" facs="tcp:58903:454"/>
the first two and thirty;<note place="margin">Vide prooemiu<g ref="char:cmbAbbrStroke">̄</g> pragmat. sanct.</note> some of them as they lie, others with certain
forms and qualifications: and this was done to fit and accommodate them
to the exigencies of the times and places and persons,<note place="margin">Guil. Benedict. in repetit. cap. Raynutius.</note> saith <hi>Benedict</hi> a
<hi>French</hi> lawyer. And upon the like accounts the last Council of <hi>Lateran</hi> is
there rejected also. Thus in <hi>England</hi> we accept not of the Council of
<hi>Trent,</hi> and excepting the four first General Councils, which are established
into a Law by the King and Parliament, there is no other Council at all of
use in <hi>England,</hi> save onely to entertain scholars in their arguments, and to
be made use of in matters of fact, by them to understand the stories of the
Church. Where any thing else is received into custome and practice of
law, it binds by our reception, not by it's own natural force.</p>
                        <p>But I have already spoken sufficiently of this thing<note n="*" place="margin">Chapter 3. Rule 7. and Chapter 4. Rule 5.</note>.<note place="margin">3.</note> I now onely
mention it to the purpose that those religious and well-meaning, persons
who are concluded by the canon of an Ancient Council, and think that
whatever was there commanded it layes some obligation upon the Consci<g ref="char:EOLhyphen"/>ences
of us at this day, and by this means enter into infinite scruples and a
restlesse unsatisfied condition, may consider that the Ancient Doctors of
the Church had no jurisdiction over us who were born so many ages after
them; that even then when they were made they had their authority wholly
from Princes and consent of Nations; that things and reasons, that juris<g ref="char:EOLhyphen"/>dictions
and governments, that Churches and Dioceses, that interests and
manners are infinitely alter'd since that time; that since the authority of
those Fathers could not be permanent and abide longer then their lives, it
being certainly not greater then that of Kings, which must needs die with
their persons, that their successors may be Kings as well as they, and not be
subjects of the dead, the efficacy of their rules must descend upon succession
by a succeeding authority; that therefore they prevail upon us by a new
force, by that which is extrinsecal to them; and therefore in such cases we
are to inquire whether the thing be good, and if it be, we may use it with li<g ref="char:EOLhyphen"/>berty
till we be restrained, but we may also chuse; for then we are to in<g ref="char:EOLhyphen"/>quire
whether the thing be a law in that Government to which we owe
obedience: for that the Fathers met at <hi>Laodicea,</hi> At <hi>Antioch,</hi> at <hi>Nice,</hi> at
<hi>Gangra,</hi> a thousand, 1100 or 1300 years agoe, should have authority over
us in <hi>England</hi> so many ages after, is so infinitely unreasonable, that none
but the fearfull and the unbelievers, the scrupulous and those who are <gap reason="foreign">
                              <desc>〈 in non-Latin alphabet 〉</desc>
                           </gap>,
<hi>of a slavish nature,</hi> and are in bondage by their fear, and know not
how to stand in that liberty by which Christ hath made them free, will
account themselves in subjection to them. If upon this account the Rulers
of Churches will introduce any pious, just and warrantable Canon, we are
to obey in all things where they have power to command; but the Canon,
for being in the old Codes of the Church, binds us no more then the laws
of <hi>Constantine.</hi>
                        </p>
                     </div>
                     <div n="15" type="rule">
                        <pb n="287" facs="tcp:58903:454"/>
                        <head>RULE XV. The laudable Customes of the Catholick Church
which are in present observation doe oblige the
Conscience of all Christians.</head>
                        <p>THis we have from S. <hi>Paul,</hi> who reproves the contumacy and regard<g ref="char:EOLhyphen"/>lesse
comport of those who,<note place="margin">1.</note> against the usages of Christians and the
places where they liv'd, would wear long hair: <hi>We have no such custome,
not the Churches of God.</hi> In such cases where there is no law, the manners
of Christians introduce a law so far, that we cannot recede from it with<g ref="char:EOLhyphen"/>out
some probable cause; or if we doe, we cannot doe it without scandal
and reproach. And indeed it is an act of love to conform to the customes
of Christians with whom we doe converse, who either will think you blame
their custome, or despise their persons, if you comply not. S. <hi>Austin</hi> gave
his advice to the same purpose,<note place="margin">Epist. 76. ad Casulanum Presbyter.</note> 
                           <hi>In his rebus de quibus nihil certi tradit
scriptura Divina, mos populi Dei vel statuta Majorum pro lege tenenda sunt.
Et sicut praevaricatores divinarum legum, ita contemptores Ecclesiasticarum
consuetudinum coercendi sunt. If the holy Scriptures have not interpos'd in
the particular, we must keep the customes and decrees of our Ancestors as a law:
and as they that prevaricate the Divine laws are to be restrained, so are all
they that despise the customes of the Church.</hi> * It is a Catholic custome, that
they who receive the Holy Communion, should receive it fasting. This is
not a duty commanded by God: but unlesse it be necessary to eat, he that
despises this custome, gives nothing but the testimony of an evil mind.</p>
                        <p>But this is first to be understood in such Customes as are laudable,<note place="margin">2.</note> that
is, such which have no suspicion or moral reproach upon them, such which
are reasonable and fit for wise and sober persons. It was a custome of the
Primitive Church, at least in some places, not to touch the earth with the
bare foot within the Octaves of Easter: this was a trifle, and tending to
phantastic opinions and superstitious fancies, and therefore is not to be
drawn into imitation; onely so long as it did remain, every man was to
take care he gave no offence to weak persons, but he was to endeavour to
alter it by all fair means and usages. It was a custome in many Churches
anciently, and not long since in the Church of <hi>England,</hi> that in cases of the
infants extreme danger the midwives did baptize them. This custome
came in at a wrong door, it lean'd upon a false and superstitious opinion;
and they thought it better to invade the Priests office, then to trust God
with the souls which he made with his own hands and redeem'd with his
Sons bloud. But this custome was not to be followed if it had still continued;
for even then they confess'd it was a sinne, <hi>factum valet, fieri non debuit;</hi>
and evil ought not to be done for a good end. <hi>Quod si à mulieribus bap<g ref="char:EOLhyphen"/>tizari
oporteret, profecto Christus à Matre baptizatus esset, &amp; non à Joanne:
aut cum nos ad baptizandum misit, misisset mulieres nobiscum ad hoc: nunc
vero nusquam neque jussit Dominus, neque per Scripturam tradidit, utpote
qui naturae convenientiam &amp; rei decorum nosset, tanquam naturae author &amp;
legislator,</hi>
                           <note place="margin">lib. 3. c. 9.</note> said the Author of the Constitutions under the name of S. <hi>Clement.
<pb n="288" facs="tcp:58903:455"/>
If women might be suffer'd to baptize, Christ need not have gone to S.</hi> John,
<hi>but might have been baptized by his Mother; and Christ would have sent
women along with the Apostles when he gave them commission to preach and
to baptize. But now our Lord hath neither commanded any such thing by his
word, or in Scripture; for the author and law-giver of Nature knew what was
agreeable and decent for their Nature.</hi>
                           <note place="margin">lib. de Virg. veland.</note> To this agrees that of <hi>Tertullian,
Non permittitur mulieri in Ecclesia loqui, sed nec docere, nec tingere, nec
offerre, nec ullius virilis muneris nedum sacerdotalis officii sortem sibi ven<g ref="char:EOLhyphen"/>dicare,
A woman is not permitted to speak in the Church, nor to teach, nor
to baptize, nor to offer, nor to doe the office of a man, much lesse of a Priest.</hi>
                           <note n="*" place="margin">see the Divine institution of the order and offices Minister. sect. 4.</note> This custome therefore is of the nature of those which are to be laid aside.
<gap reason="foreign">
                              <desc>〈 in non-Latin alphabet 〉</desc>
                           </gap>, <hi>No man baptizes but he that is in holy Or<g ref="char:EOLhyphen"/>ders,</hi>
said <hi>Simeon of Thessalonica;</hi> and I think he said truly. But above all
things, opinions are not to be taken up by custome, and reduc'd to practice:
not onely because custome is no good warranty for opinions, and <hi>voluntas
fertur carere oculis, intellectus pedibus, the will hath no eyes, &amp; the understand<g ref="char:EOLhyphen"/>ing
hath no feet;</hi> that is, it can doe nothing without the will, and the will
must doe nothing without that; they are a blind man and a lame when they
are asunder, but when they are together they make up a sound man, while
the one gives reason, and the other gives command: but besides this, when
an opinion is offer'd onely by the hand of custome, it is commonly a signe
of a bad cause,<note place="margin">Disput. 18. in 1 Cor. 11. in solut. 8<hi rend="sup">vi.</hi> dub.</note> and that there is nothing else to be said for it; and therefore
it was a weaknesse in <hi>Salmeron</hi> to offer to persuade us to entertain the do<g ref="char:EOLhyphen"/>ctrine
and practice of Indulgences, Purgatory, Invocation of Saints, Images
and the like, because they are customes of the Church, meaning his own.</p>
                        <p>2. This is to be understood also of the Customes of the Catho<g ref="char:EOLhyphen"/>lick
Church.<note place="margin">3.</note> For if the Churches differ, it is indifferent to take either
or neither as it may happen.<note place="margin">lib. 3. Paedagog. cap. 3.</note> 
                           <hi>Clemens Alexandrinus</hi> said it was a wicked<g ref="char:EOLhyphen"/>nesse
to pull the beard, because it is our natural, it is a generous and an in<g ref="char:EOLhyphen"/>genuous
ornament: and yet <hi>Gregory</hi> the 7<hi rend="sup">th</hi>, Bishop of <hi>Rome,</hi> made Arch-Bishop
<hi>James</hi> shave his beard close, pretending that it had been always a
custome in the Western Churches;<note place="margin">lib. 8. Registri, Epist. 10.</note> 
                           <hi>Consuetudini sanctae obedire coegimus,
We have constrained him to obey the holy custome.</hi> In such cases where seve<g ref="char:EOLhyphen"/>ral
Churches have several usages, every Church is to follow her own cu<g ref="char:EOLhyphen"/>stome,
and every of her subjects to obey it.</p>
                        <p>3. Though every subject is tied to the custome of his own Church,<note place="margin">4.</note>
yet he is not to give offence when he converses with another Church that
hath a differing custome: according to that rule and example of S. <hi>Ambrose,
Quando hic sum, non jejuno Sabbato; quando Romae sum, jejuno Sabbato: &amp;
ad quamcunque Ecclesiam veneritis, ejus morem servate, si pati scandalum
non vultis aut facere,</hi>
                           <note place="margin">Epist. 86.</note> 
                           <hi>When I am at</hi> Millain <hi>I doe not fast on the Saturday,
when I am at</hi> Rome <hi>I doe: and to whatsoever Church you shall come, keep the
custome of that Church, if ye will neither give nor receive offence.</hi> And these
words S. <hi>Austin</hi> made use of to this very purpose,<note place="margin">Epist. 118.</note> 
                           <hi>Totum hoc genus liberas
habet observationes, nec disciplina ulla est in his melior gravi prudentique
Christiano, quam ut eo modo agat quo agere viderit Ecclesiam ad quamcunque
fortè devenerit.</hi> The best way is to doe as that Church does where you
happen to be. And in the same instance S. <hi>Hierom</hi> gave answer to <hi>Lucinus,
servandam esse propriae Ecclesiae consuetudinem,</hi> The custome of the place
of our own Church is to be observed. And therefore at <hi>Millain</hi> it is
<pb n="289" facs="tcp:58903:455"/>
counted a violation of their rights when the <hi>Roman</hi> Priests come into the
<hi>Ambrosian</hi> Churches, and refuse to use the Missal of S. <hi>Ambrose,</hi> but use
the <hi>Roman.</hi> It is a custome in the Church of <hi>England</hi> to uncover the
head or to bow the knee when the name of <hi>Jesus</hi> is named: the custome
is not onely innocent but pious, and agreeable to the duty of every Chri<g ref="char:EOLhyphen"/>stian,
and therefore abstracting from the injunction, the custome it self is
sufficient to exact conformity of all modest persons. But if a son of the
Church of <hi>England</hi> shall come into other Protestant Churches who use it
not, he is to comply with them in the omission, unlesse himself be persuaded
that it is a Divine Commandement; and yet even then also, the specifica<g ref="char:EOLhyphen"/>tion
and the circumstances of time and place may be undetermin'd, and
leave him in a capacity to comply for a time, and in a limited place.</p>
                        <p>4. It is requir'd that the custome be of present observation,<note place="margin">5.</note> or else it
does not oblige the Conscience. Thus it is a custome of the Catholic
Church that at the Baptising of Infants there be God-fathers and God-mothers.
This custome is still of use in the Church of <hi>England:</hi> and al<g ref="char:EOLhyphen"/>though
much of the reason for which they were first introduc'd is ceas'd,
and the case alter'd; yet it is enough to every man that is a subject, that it is
the custome: and therefore if any man shall dispute and prove that the thing
it self is not now necessary, that is no warranty to him to omit it, so long as
the custome is allowed &amp; upheld, &amp; is no evil. But if the custome be left in
a Church, that it was a Catholic custome &amp; of long use in the Church is of
no obligation to the Conscience. <hi>Socrates</hi> tells that <hi>omnes ubique in orbe ter<g ref="char:EOLhyphen"/>rarum
Ecclesiae,</hi>
                           <note place="margin">lib. 5. Hist. cap. 21.</note> all the Churches in the world, every week upon Saturday ce<g ref="char:EOLhyphen"/>lebrate
the mysteries. <hi>Alexandrini tamen &amp; Romani ex antiqua traditione
istud facere renuunt.</hi> But the Churches of <hi>Alexandria</hi> &amp; <hi>Rome</hi> refuse to doe
so, because they have an ancient tradition to the contrary. And in this they
had their liberty. It was a long &amp; a general custome in the Church upon all
occasions and motions of solemnity or greater action to make the signe of
the Crosse in the aire, on the breast, or on the forehead; but he that in <hi>Eng<g ref="char:EOLhyphen"/>land</hi>
should doe so upon pretence because it was a Catholic custome would
be ridiculous. For a custome obliges by being a custome amongst them with
whom we doe converse, and to whom in charity and prudence we are to
comply: and therefore to doe an action that was a custome there where it
is not a custome, must be done upon some other reason then because it is a
custome; or else it is done because there is no reason. It was a custome
of the Catholic Church to reserve infants all the year till Easter to be bap<g ref="char:EOLhyphen"/>tiz'd,
except it were in cases of necessity or great danger: but <hi>we have no
such custome</hi> now; <hi>nor the Churches of God;</hi> and therefore to think we are
bound to comply with that or any such custome, is to make our selves too
fond admirers of the actions, and more then servants to the sentences and
customes of Ancient Churches.</p>
                        <p>5. An Ecclesiastical custome against an Ecclesiastical law does not ob<g ref="char:EOLhyphen"/>lige
the Conscience.<note place="margin">6.</note> It does in many cases excuse, but when there is no
scandal accidentally emerging, it never binds us to follow it. I say it can
excuse from penalty, then when the Ecclesiastical law hath been neglected,
because the Governours are presumed to doe their duty; and therefore if
they who made the law suffer it to be commonly broken, it is to be suppos'd
they are willing the law should die: and this is the sense of that in the
Comedy, <hi>Mores leges perduxerunt jam in potestatem suam,</hi>
                           <note place="margin">Plaut. Trinum.</note> Customes give
<pb n="290" facs="tcp:58903:456"/>
limit to laws; and they bind according as the manners of men are. And
this the lawyers extend even to a custome that is against the law of God.<note place="margin">Baldus in l. observare, §. proficisci, cir<g ref="char:EOLhyphen"/>ca fin. ff. de officio procon<g ref="char:EOLhyphen"/>sul. &amp; leg.</note>
So the Presidents of <hi>Sena</hi> at the entry into their office take an oath in form
that they will never receive bribes; and yet they doe so, and are known to
doe so, and because of the general custome are never punish'd: and much of
the same nature are the oaths taken at the Matriculations and admissions
into Universities and offices respectively, concerning which it were very
well there were some remedy or prevention. But if it can be understood
that the law-giver intends the law should be in force, and that the negligence
of his Ministers or the stubborn and uncomplying nature of the subjects is
the cause of the want of discipline; then the conscience is oblig'd to the
law, and not excus'd by the custome<note n="*" place="margin">See the VI<hi rend="sup">th</hi> Rule of the last Chapter of this Book.</note>. And yet further, when the law is
called upon, then although there be a custome in the Church against the
Canon, it neither preserves from sin, nor rescues from punishment: <hi>quia
lex derogat consuetudini,</hi> say the lawyers; when the law is alive the custome is
dead, because the custome took it's life from the diminution of the law;
and when there is a law actually called upon, the custome to the contrary is
a direct evil, and that against which the law is intended, and which the law
did intend to remedy. The Church hath made laws that no man shall fast
upon the Lords day, nor the great Festivals of the year: if a custome of
fasting upon Christmas-day should in evil and peevish times prevail, and
the law be unable or unwilling to chastise it, but suffer it to grow into evil
manners; when the law is again warm and refresh'd and calls for obedience,
the contrary custome is not to be pretended against the law, but to be re<g ref="char:EOLhyphen"/>pented
of. In the Church of <hi>England</hi> there is a law, that when children
are baptized they shall be dipped in the water; onely if they be sick it shall
be sufficient that it be sprinkled upon them: but yet the custome of sprink<g ref="char:EOLhyphen"/>ling
all does prevail. In this case we are to stand to the law, not to the
custome, because the law is still in force, and is actually intended to pre<g ref="char:EOLhyphen"/>vail
according to the mind of the Church, and it is more agreeable with
the practice, the laws and customes of the Primitive Church, and to the
practice of Christ and his Apostles. But of this I shall speak again in
some of the following Numbers.</p>
                        <p>6. An Ecclesiastical custome must be reasonable or usefull,<note place="margin">7.</note> or it can<g ref="char:EOLhyphen"/>not
oblige the conscience, except to avoid scandal, for that is in all things
carefully to be observed, right or wrong, so it be not a sin against God;
Customes must be kept, when the breaking them is scandalous. But ex<g ref="char:EOLhyphen"/>cepting
this case, an unreasonable custome does not oblige. For no man is
bound to be a fool, or to doe a foolish action. Now a custome in the Ca<g ref="char:EOLhyphen"/>non
law is concluded to be reasonable if it tends to the good of the soul.
In the Civil law it is allowed to be reasonable if it tends to any publick
good. Thus it is a custome that Judges should wear their Robes upon
their seates of judicature; that the Clergy wear blacks. <hi>Doctores por<g ref="char:EOLhyphen"/>tant
varium, quia habitus virum ostendit,</hi> saith the law, <hi>l. stigmata, C. de
fabri.</hi> And that Priest were a strange peevish or a weak person who
should chuse to wear gray, because there is no religion <hi>in the colour:</hi> his
religion in this would have nothing else: and though these things tend not
to the good of the soul, yet they tend to the good of the publick, they
distinguish men, that honour may be given to them to whom honour be<g ref="char:EOLhyphen"/>longs.</p>
                        <p>
                           <pb n="291" facs="tcp:58903:456"/>
For it is considerable,<note place="margin">8.</note> what the wiser Lawyers say, 1. That a custome
is good if it contains <hi>bonum honestum,</hi> any honesty or matter of publick re<g ref="char:EOLhyphen"/>putation.
Thus it is a custome that civil persons should not walk late in
the night, but be in their houses at seasonable times; it is a good custome
that Bishops and Priests abstain from going to Taverns; this custome is
reasonable, and therefore does oblige those that are concerned in it. 2. A
custome is good if it contains <hi>bonum commune,</hi> if it be for the common
good: and of this sort there are many customes in every nation which are
pass'd into laws, as that in the cause of Dowries the Judge should proceed
summarily; that a fact be tried in the country where it was done; that when
any man is accused he should have his accusers brought before his face. And
thus also in the laws Ecclesiastical there are very many of this nature; as
that when Bishops visit their Churches there be allowance of procurations
and Synodals, and aptnesses for their entertainment; that when we see a
Bishop we beg his blessing; that when we come to a city we first goe to the
Cathedral to pray, then to the Bishop to be bless'd and prayed for; that
the contract of Marriage be publickly solemniz'd in Churches after three
publications; that children ask their Parents benediction: these things are
of publick use, for the advancing of a necessary duty, for the mutual en<g ref="char:EOLhyphen"/>dearment
of Relatives, for the establishment of piety, for the conciliating
authority, and to many other good purposes, which whosoever can advance
by the keeping of a custome &amp; complying with the manners of the Church
where he lives, is not to be excus'd if he will be stubborn and singular and
proud.<note place="margin">C. si Judex laicus desent. excommunicat. lib. 6.</note> 3. <hi>Baldus</hi> sayes, <hi>Bona est consuetudo quae continet bonum honorabile,</hi>
It is a good custome that gives honour and regard to whom it is due. Thus
it is a custome that the Consecration of Bishops should be in publick Chur<g ref="char:EOLhyphen"/>ches;
that the Degree of Doctor, because it is an honour, be not conferred
sneakingly and in conventicles. And upon this account, when any custome
is honourable to religion or to a mystery, it is not to be omitted, because
the custome is good, and in some proportions ministers to Religion and it's
advantage.</p>
                        <p>Thus the Ministers of religion when they officiate are by an immemo<g ref="char:EOLhyphen"/>rial
custome vested in <hi>ables</hi> or <hi>surplices:</hi>
                           <note place="margin">9.</note> it was intended as an honour to the
religion, because the white and the purple colours are the ensignes of Civil
and Ecclesiastical dignity respectively, and are in honour to each other al<g ref="char:EOLhyphen"/>ternately
indulg'd, and Kings weare albes, and Bishops and Judges weare
purple; and our Blessed Saviour was pleas'd to call it the glory of <hi>Solomon,</hi>
when he was cloth'd in the purest linen of <hi>Egypt,</hi> whose whitenesse though
very bright, yet it fell short of the natural whitenesse of the lilly. Glory
is nothing but the excesse and greatnesse of honour, and therefore these
garments which were glorious upon <hi>Solomon,</hi> at least were given to the Reli<g ref="char:EOLhyphen"/>gious
as ensignes of honour: the same which the Epigram says of the purple
Mantle which was stoln from <hi>Crispinus,</hi>
                           <note place="margin">lib. 8. Epigr. 48.</note>
                           <q>
                              <l>Quisquis habes, humeris sua munera redde precamur:</l>
                              <l>Non hoc Crispinus te, sed abolla rogat.</l>
                              <l>Non quicunque capit saturatas murice vestes:</l>
                              <l>Nec nisi deliciis convenit iste color.</l>
                           </q>
Such garments are not fit for every shoulder, they are marks of honor, and
the delicacies of the greatest and the worthiest Men. But that the white
garment was given to Religion, it had besides the honour to the persons, the
<note n="*" place="margin">Vide Liliú Gi<g ref="char:EOLhyphen"/>raldum Syntag. 1. Deorum, ti<g ref="char:EOLhyphen"/>tulo de Diis ex humanis actio<g ref="char:EOLhyphen"/>nibus: &amp; Char<g ref="char:EOLhyphen"/>tarium lib. de Deorum<gap reason="illegible" resp="#TECH" extent="1 letter">
                                 <desc>•</desc>
                              </gap>magi<g ref="char:EOLhyphen"/>nibus.</note> signification and embleme of a precept: It signified purity and truth, which
<pb n="292" facs="tcp:58903:457"/>
in <hi>Philostratus</hi> in the image of <hi>Amphiaraus</hi> is said to be clothed with gar<g ref="char:EOLhyphen"/>ments
of snow, and cover'd with the purest whitenesse; and<note n="a" place="margin">lib. 2. Paedag. cap. 10.</note> 
                           <hi>Clemens Alex<g ref="char:EOLhyphen"/>andrinus</hi>
writes that <hi>Caeus</hi> the Sophister in the description of vertue and
vice, describ'd vertue in a white robe; and so does<note n="b" place="margin">Orat. 3. sub finem.</note> 
                           <hi>Themistius</hi> invest truth,
sitting upon an adamant, holding a bright splendor in her hand, and clothed
with an albe. Concerning this S. <hi>Clement</hi> of <hi>Alexandria</hi>
                           <note n="*" place="margin">ubi suprà, &amp; lib. 3. cap. 11.</note> spake much, even
as much as the thing it self will bear: for it being nothing but the colour of
a garment, is not to be prov'd to be necessary, &amp; therefore not to be valued
in such a quality: but yet neither is the custome of that colour to be de<g ref="char:EOLhyphen"/>spis'd,
because that colour is a good embleme, and hath as much advantage
as a colour can have; and therefore there can be no reason to despise the
thing, or peevishly to goe against the custome, where it is quitted from
abuse. But I shall adde this to it, which is warranty enough for the
Churches choice, that the Primitive Christians, who were free enough from
any superstitious fancy concerning it, did neverthelesse particularly affect
and chuse this colour. They saw that the Saints in the Revelation had
<gap reason="foreign">
                              <desc>〈 in non-Latin alphabet 〉</desc>
                           </gap> 
                           <hi>white garments,</hi> and they were dipt in the bloud of the Lamb:
and S. <hi>Anthony</hi> to represent himself a Christian did goe in white, as S.
<hi>Athanasius</hi> tells of him.<note n="†" place="margin">sub finem vitae Aedesil.</note> 
                           <hi>Eunapius</hi> tells that the Monks in <hi>Egypt</hi> went
in black; and that many Christians that liv'd in other places did so too, for
modesty sake and gravity, in humility and abjection, who please, may see
demonstrated by many instances in <hi>Baronius:</hi>
                           <note place="margin">An. Dom. 57. n. 77.</note> &amp; that is a good precedent to
warrant the custome of the ordinary Clergy habit. But yet it is evident
that very many Christians were pleas'd rather to use the simple and native
colour of truth,<note place="margin">Epist. 146.</note> the embleme of purity; and <hi>Synesius</hi> writing to one <hi>John</hi>
the Monk that chose to goe in a black coat, writes that which is enough
to be said in this whole affaire, <hi>Atqui nihilo deterius erat si candida foret:
splendidissimae quippe naturae dicatum ac consecratum id potius fuerit quod
in his quae sensu percipiuntur purius atque lucidius est. Sed si pullum ideo
colorem probâsti, quod id aliorum qui ante te usurpârunt imitatione feceris;
laudo quicquid Dei causâ suscipitur, But it had been no worse if you had
chosen the white, as that which is agreeable to the nature of splendor and puri<g ref="char:EOLhyphen"/>ty,
and brighter and purer to the eyes. But if you chose the black garment
because it was the custome of others that went before you, it is well; I commend
any thing that is done for God,</hi>
                           <note place="margin">lib. 2. de Legib.</note> 
                           <hi>and for the cause of piety. Colorem album Deo
maximè decorum,</hi> said <hi>Cicero, quòd sit index puritatis &amp; nitelae, omnemque
fucum excludat veritate nativâ contentus, The white garment is most come<g ref="char:EOLhyphen"/>ly
for religion, as being content with it's native simplicity, and an indica<g ref="char:EOLhyphen"/>tion
of brightnesse and purity.</hi> Upon this account it is a custome of clothing
the bodies of dead in white;<note place="margin">Videat lector, si, placet, Plutar<g ref="char:EOLhyphen"/>chum lib. de Iside sub initi<g ref="char:EOLhyphen"/>um, &amp; 26. Rom. quaest. &amp; Theodor. orat. 2. de Provid. &amp; Eliam Creten<g ref="char:EOLhyphen"/>sem in Nazian. orat. 4. in initio, Arrianum lib. 3. cap. 1. &amp; Philon. Jud. lib. de plantat. Noae.</note> 
                           <hi>for they that are dead are justified from sins,</hi>
and they are candidates of immortality. But it may be this was too much
to be said of so small a thing: I instanc'd in this, to shew that this colour
was intended for an exteriour honour to religion, and that is sufficient (say
the lawyers) to make a custome reasonable; and if it be reasonable, it must
be complied with.</p>
                        <p>7. A custome whose reason is not known,<note place="margin">10.</note> yet if it be of an immemo<g ref="char:EOLhyphen"/>rial
time, and does transmit a right to Ecclesiastical persons, is not without
great reason and evident necessity or publick utility to be refus'd. Thus it
is a custome in the Church of <hi>England</hi> that certain rights be paid to the
Rector of the Church if the corps be interred in the Chancel: and though
<pb n="293" facs="tcp:58903:457"/>
in some places this did run into great abuse, which was excellently reprov'd
by that learned and good man Sir <hi>Henry Spelman</hi> 
                           <gap reason="foreign">
                              <desc>〈 in non-Latin alphabet 〉</desc>
                           </gap>, in his
learned and pious Tract <hi>de Sepultura;</hi> yet the thing was not wholly to be
blamed for the abuse sake, and the rights of any man are not easily to be
snatched away because he cannot prove how he came by them, if he have
had them long in possession. The thing was to have been reformed; but
not after the new manner, that is, wholly taken away. <hi>Consuetudo cujus
initii memoria non sit in contrarium praesumitur rationabilis,</hi> say <hi>Geminianus,</hi>
Cardinal <hi>Alexander</hi> and <hi>Panormitan;</hi> and they instance in a Prelate receiving
money beyond his procurations in his visitation. For though the reason of it
be not now known, yet it is presum'd at first<g ref="char:punc">▪</g> there was a reason; &amp; though
we have lost the record, yet he must not loose his right; unless that right
of his be manifestly other mens wrong. But this instance is to be under<g ref="char:EOLhyphen"/>stood
so, that the Sepulture be first perform'd, and the charity and the
ecclesiastical right be done to the dead; for these things cannot be con<g ref="char:EOLhyphen"/>tracted
for: but when the piety is performed, the oblations of the faithful
which at first were voluntary, and afterwards came into custome, and so
transferred a right, may be receiv'd by the Rector, but must not be detai<g ref="char:EOLhyphen"/>ned
by the heire. Here in <hi>Ireland</hi> there is a custome of receiving oblations
at the baptisme of infants; but if the Priest refuses to baptise the child till
he be secur'd of the money, he is a direct Simoniac, for he contracts and
takes a price for the Sacrament: but if he confer the Sacrament, to which
he is tied by his charge and by the laws of God and Man, then afterwards
he hath a right to the oblation which by law or custome was to be given.
But the office is to be done without it: for the Infant hath a right to the
Sacrament before the Priest hath a right to the offering; and that came in
by the laws of God, this by the customes of Men.</p>
                        <p>8. A Custome Ecclesiastical that is but of a legal and presum'd reaso<g ref="char:EOLhyphen"/>nableness
does oblige us to a conformity.<note place="margin">11.</note> I call that a legal or presum'd
reasonableness, when the law in certain cases does suppose it reasonable; and
though it be not known to be naturally or precisely so, yet because it is not
known to be unreasonable, but there is a probability to conjecture that it
entred upon a right cause, it is permitted and allowed. This happens in
two cases. The first is when a Custome is besides the law, and not against
it. For if it be against a law, it ought not to prevaile at all, unless it be
precisely reasonable, that is, unless the law in the changing of affairs or in
it self at first be unreasonable; for in that case a custome that is naturally
reasonable may be admitted, and if it be, must be observed. But if it be
only besides the law, and not against it, then it is presum'd to be reasonable,
<hi>hoc ipso quod introducta est,</hi> say the Doctors, therefore because it is intro<g ref="char:EOLhyphen"/>duc'd:
and the reason is, because every thing is presumed to be reasonable
that is done generally, unless it be known to be unreasonable; and the
very interests of peace and the reputation and honour of mankind require
this, without any more inquiry; save onely that this be added, that if the
custome introduc'd besides law be either universal, or of an immemorial
beginning, the law presumes the more strongly of the reasonableness of it,
and therefore in these cases it ought to prevail the rather. For to this sense
is that rule of S. <hi>Austin, Illa quae non scripta sed tradita custodimus, quae qui<g ref="char:EOLhyphen"/>dem
toto terrarum orbe observantur, dantur intelligi vel ab ipsis Apostolis,</hi>
                           <note place="margin">Epist. 11<gap reason="illegible" resp="#TECH" extent="1 letter">
                                 <desc>•</desc>
                              </gap>. cap. 1.</note> 
                           <hi>vel
plenariis Conciliis, quorum est in Ecclesia saluberrima authoritas, commendata
atque statuta retineri, Those things which are delivered to us not by writing,
<pb n="294" facs="tcp:58903:458"/>
but by tradition</hi> [or <hi>custome] which are observed in all the world, we under<g ref="char:EOLhyphen"/>stand
them to be either retain'd by the appointment or commendation of the
Apostles, or some General Councils, whose authority in the Church is of great
use.</hi>] That is, when the custome is <hi>universal</hi> and <hi>immemorial.</hi> For the
first we presume it to be very reasonable, it could not else have easily pre<g ref="char:EOLhyphen"/>vail'd
upon the whole Church: and for the second we suppose it to have
had a very good beginning; for it addes moments to the custome, that
when we know nothing to the contrary, we presume the best of its original.
Not that we ought to conclude or to believe a Custome to have come from
the Apostles, if it be universal or immemorial; but that we ought to re<g ref="char:EOLhyphen"/>gard
and reverence it as if it did, because we know not in some cases
whether it did or no. * But if it be either one or other, it is sufficient to
oblige us to retain it, or to comply with it so long as it is retained. Thus
the solemn daies of Rogation which we observe in the Church of <hi>England</hi>
were not of an immemorial beginning; for they were first us'd by the
Bishops of <hi>Vienna, Mamertus, Isicius</hi> and <hi>Avitus;</hi> but yet they were quickly
universal,<note place="margin">Homil. de Rogat.</note> 
                           <hi>non per Gallias tantummodo, sed penè per totum orbem,</hi> not onely
in <hi>France,</hi> but in almost all the world, said <hi>Alcimus Avitus</hi> in his time: and
therefore this custome is not to be neglected by any single person, where
the Church still retains it; for this is sufficient to make a legal presump<g ref="char:EOLhyphen"/>tion
of its reasonableness.</p>
                        <p>* The other case is, that a Custome is presum'd reasonable when the
nature of it is such that it can have no positive and natural unreasonableness,
but is capable of some extrinsic and accidental decency and fittingness. The
custome that is actually in the practice and manners of a Church is pre<g ref="char:EOLhyphen"/>sum'd
reasonable: and this is of use but in small matters, but yet such
which little and great men sometimes make great matters of; I mean pre<g ref="char:EOLhyphen"/>sidencies
and priorities of place, sittings in the quire, precedencies in Coun<g ref="char:EOLhyphen"/>cils.
Now in these cases Custome ought to prevail, for where there is
no reason in the thing, there Custome is a reason sufficient; and if a law
ought to prevail though there be no reason known for it, then so must
Custome, because this is esteemed as a law. <hi>Capit. Consuetudo</hi> 1. <hi>dist. &amp; l.
de quibus, ff. de legibus.</hi> And it is remarkable, that although in the intro<g ref="char:EOLhyphen"/>ducing
of a Custome, it concerns the Governours of Churches to take care
that it be reasonable; yet when it is introduc'd that care is over, and then
they are to take care to keep unity and to avoid scandal. <hi>Praestat illic esse
ubi nihil licet quam ubi omnia,</hi> said one, It is better to be under a Tyranny
then under an Anarchy; it is better to be too much restrain'd then to be
too loose: and if a Custome hath seiz'd upon us, it is better to stand still
under that arrest, then to break the gentlest cords of a man, and inter into
licentiousness. <hi>Perniciosior temeritas quam quies.</hi> It is not good to move
any stirs in a quiet Church, for certainly peace is better then that which
is onely a little better then a custome. And we see it by a sad experience,
that those who are enemies and stubborn to the innocent Customes of a
Church, intend nothing but to get the government into their own hands.
<hi>Genus hominum potentibus infidum, sperantibus fallax;</hi> as <hi>Tacitus</hi> said of
the <hi>Astrologers,</hi> we have too much reason to say of them, They are a sort of
men that deceive their own confidents, and are no sure friends to their Su<g ref="char:EOLhyphen"/>periors:
for to difavow Customes is a great dishonour to the Govern<g ref="char:EOLhyphen"/>ment,
and a reproach to the ministery of laws; and to their disciples they
preach liberty, that themselves onely may rule them absolutely. <hi>Quanto
majore libertatis imagine teguntur, tanto eruptura ad infensius servitium;
<pb n="295" facs="tcp:58903:458"/>
Tacitus</hi> said it of such persons: by the exempting fools from the just rule
of their superiors, they make them their own slaves. But to rebel against
the Customes of a Church is an accusation not onely of the Rulers, but a
condemnation of the whole society of the faithful.</p>
                        <p>9. A Custome in the administration of a Sacrament introduc'd against
the analogy and mystery,<note place="margin">12.</note> the purpose and signification of it, ought not to
be complied with. I instanc'd before in a Custome of the Church of <hi>Eng<g ref="char:EOLhyphen"/>land</hi>
of sprinkling water upon infants in their baptisme; and I promised
to consider it again.<note place="margin">Resp. 2. cap. 4.</note> 
                           <hi>Baptizabant enim veteres, non manibus suis aquam bap<g ref="char:EOLhyphen"/>tizando
aspergentes, sed trinâ immersione hoc Evangelii sequentes, Ascendit
ex aqua, ergo descenderat. Ecce immersio, non aspersio;</hi> said <hi>Jeremy</hi> the Pa<g ref="char:EOLhyphen"/>triarch
of <hi>CP. Straightway Jesus went up out of the water,</hi> saith the Gospel:
<hi>He came up, therefore he went down. Behold an immersion, not an aspersion.</hi>
And the Ancient Churches following this of the Gospel, did not in their
baptismes sprinkle water with their hands, but immerg'd the Catechu<gap reason="illegible" resp="#TECH" extent="1 letter">
                              <desc>•</desc>
                           </gap>en,
or the infant. And therefore we find in the records of the Church, that
the persons to be baptized were quite naked; as is to be seen in many pla<g ref="char:EOLhyphen"/>ces,
particularly in the 11<hi rend="sup">th</hi> Mystagogic Catechisme of S. <hi>Cyril</hi> of <hi>Jeru<g ref="char:EOLhyphen"/>salem:</hi>
and S. <hi>Dyonis</hi>
                           <note n="*" place="margin">Lib. de Eccl. Hi<gap reason="illegible" resp="#TECH" extent="4 letters">
                                 <desc>••••</desc>
                              </gap>ch. cap. de Baptismo.</note> describes the ritual in the same manner. <hi>The Bishop
puts his hand upon the Catechumen's head, and giving a sign to the Priests,
commands that they write the name of the Catechumen and of his God-father;
which being written he saies the office or prayers, which when the whole Church
hath perform'd together with him, he dev<gap reason="illegible" resp="#TECH" extent="1 letter">
                                 <desc>•</desc>
                              </gap>sts him of his garments by the Mini<g ref="char:EOLhyphen"/>sters.</hi>
And the same thing out of the same Author is observed by <hi>Elias
Cretensis</hi> in his notes upon the fourth Oration of S. <hi>Gregory Nazianzen,</hi>
and is reported also by S. <hi>Ambrose</hi> in his tenth Sermon. <hi>Nudi in seculo na<g ref="char:EOLhyphen"/>scimur,
nudi etiam accedimus ad lavacrum, We are born naked, and naked we
enter into the waters of baptisme.</hi> All which are a perfect conviction that the
Custome of the Ancient Churches was not sprinkling, but immersion, in
pursuance of the sense of the word in the Commandement, and the exam<g ref="char:EOLhyphen"/>ple
of our Blessed Saviour. * Now this was of so sacred account in their
esteem, that they did not account it lawful to receive him into the Clergy
who had been onely sprinkled in his baptisme; as we learn from the Epi<g ref="char:EOLhyphen"/>stle
of <hi>Cornelius</hi> to <hi>Fabius</hi> of <hi>Antioch,</hi>
                           <note place="margin">Apud Euseb. lib. 6. c. 43.</note> 
                           <gap reason="foreign">
                              <desc>〈 in non-Latin alphabet 〉</desc>
                           </gap>,
<hi>It is not lawful that he who
was sprinkled in his bed by reason of sickness should be admitted into holy orders.</hi>
Nay it went further then this, they were not sure that they were rightly
Christned yea or no who were onely sprinkled; as appears in the same
Epistle of <hi>Cornelius</hi> in <hi>Eusebius,</hi> 
                           <gap reason="foreign">
                              <desc>〈 in non-Latin alphabet 〉</desc>
                           </gap>, which
<hi>Nicephorus</hi> thus renders [<hi>if at least such a sprinkling may be called baptisme:</hi>]
and this was not onely spoken in diminution of <hi>Novatus</hi> and indignation
against his person, for it was a formal and a solemn question made by
<hi>Magnus</hi> to S. <hi>Cyprian, an habendi sint Christiani legitimi,</hi>
                           <note place="margin">Epist. 76.</note> 
                           <hi>eo quod aquâ sa<g ref="char:EOLhyphen"/>lutari
non loti sunt, sed perfusi, Whether they are to be esteemed right Chri<g ref="char:EOLhyphen"/>stians
who were onely sprinkled with water, and not washed or dipped.</hi> He
answers, that the Baptisme was good when it is done <hi>necessitate cogente,
&amp; Deo indulgentiam suam largiente,</hi> in the case of necessity, God pardo<g ref="char:EOLhyphen"/>ning
and necessity compelling. And this is the sense and law of the Church
of <hi>England;</hi> not that it be indifferent, but that all infants be dipped, except
in the case of sickness, and then sprinkling is permitted. And of this
sprinkling, besides what is implyed in the former testimonies, there was
<pb n="296" facs="tcp:58903:459"/>
some little use in the Primitive Church. <hi>Quis enim tibi tam infidae
poenitentiae viro asperginem unam cujuslibet aquae commodabit?</hi>
                           <note place="margin">De Poenit. c. 6.</note> saies <hi>Tertullian</hi>
speaking to an impenitent person: <hi>Who will afford thee so much as one single
sprinkling of water?</hi> (meaning) for his baptism. And <hi>Surius</hi> in the life of S.
<hi>Laurence</hi> tells that as he was going to his Martyrdome, one <hi>Romanus</hi> a soul<g ref="char:EOLhyphen"/>dier
brought to him a pitcher of water that he might be baptized of him as
he went; which in that case must needs have been done by powring water
upon him. <hi>Fudit aquam super caput ejus:</hi> so did S. <hi>Laurence</hi> also to
<hi>Lucillus,</hi>
                           <note place="margin">De rebus Eccle. cap. 26.</note> he powred water upon his head. And <hi>Walafridus Strabo</hi> from
these very examples concludes that in cases of necessity it is lawful to use
sprinkling. He addes also, that it is lawful to doe it when there is a great
multitude of persons at once to be baptized: and <hi>Aquinas</hi> supposes the
Apostles did so when the 3000 and when the 5000 were at once con<g ref="char:EOLhyphen"/>verted
and baptized. But this is but a conjecture, and hath no tradition
and no record to warrant it: and therefore although in cases of need and
charity the Church of <hi>England</hi> does not want some good examples in the
best times to countenance that permission, yet we are to follow her com<g ref="char:EOLhyphen"/>mand,
because that command is not onely according to the meaning and
intent of the word <gap reason="foreign">
                              <desc>〈 in non-Latin alphabet 〉</desc>
                           </gap> in the Commandement, but agrees with the
mystery of the Sacrament it self; <hi>For we are buried with him in baptisme,</hi> saith
the Apostle. <hi>In aqua tanquam in sepulchro caput immergentibus vetus homo se<g ref="char:EOLhyphen"/>pelitur
&amp; submergitur, deinde nobis emerge<g ref="char:cmbAbbrStroke">̄</g>tibus nouns resurgit inde:</hi> so S. <hi>Chry<g ref="char:EOLhyphen"/>sostom,</hi>
                           <note place="margin">In illud 3. Johan. Nisi quis renatus &amp;c.</note>
The old man is buried and drowned in the immersion under water,
and when the baptized person is lifted up from the water, it represents
the resurrection of the new man to newness of life. In this case therefore
the contrary Custome not onely being against an Ecclesiastical law, but
against the analogy and mysterious signification of the Sacrament, is not
to be complied with, unless in such cases that can be of themselves suffi<g ref="char:EOLhyphen"/>cient
to justify a liberty in a ritual and ceremony; that is, a case of ne<g ref="char:EOLhyphen"/>cessity.</p>
                        <p>And of the same consideration is it,<note place="margin">13.</note> that the baptisme be performed
with a <hi>trine immersion,</hi> and not with one onely. In <hi>England</hi> we have a
custome of sprinkling, and that but once. To the sprinkling I have al<g ref="char:EOLhyphen"/>ready
spoke; but as to the number, though the Church of <hi>England</hi> hath
made no law, and therefore the custome of doing it once is the more indif<g ref="char:EOLhyphen"/>ferent
and at liberty, yet if the trine immersion be agreeable to the analo<g ref="char:EOLhyphen"/>gy
of the mystery, and the other be not, the Custome ought not to prevail,
and is not to be complied with, if the case be evident or declar'd. Now
in this particular the sense of Antiquity is clear. <hi>Nam nec semel, sed ter
ad singula nomina in personas singulas tingimur,</hi>
                           <note place="margin">Adv. Praxeam c. 28. De corona milit. c. 15.</note> saith <hi>Tertullian: Dehinc
ter mergitamur,</hi> We are thrice put under water, not once; at the mention
of every person we are dipped. The very same words we read in S. <hi>Hierom</hi>
against the <hi>Luciferians.</hi> But more largely it is explicated by S. <hi>Ambrose.
Thou wert asked,</hi>
                           <note place="margin">Lib. 2. de Sa<g ref="char:EOLhyphen"/>cram. cap. 7.</note> 
                           <hi>Doest thou believe in God the Father Almighty? and thou
didst say, I doe believe: and thou wert plunged, that is, buried. Thou wert
asked again, Doest thou believe in our Lord Jesus Christ? and thou saidest, I
doe believe: and thou wert dipped</hi> or <hi>plunged; and therefore thou art buried
together with Christ. The third time thou wert asked, Doest thou believe
in the Holy Spirit? and thou saidest, I doe believe: and the third time thou
wert plunged; that thy three-fold confession might wash away the many lapses of
thy former life.</hi> S. <hi>Denis</hi> says that the trine immersion signifies the Divine
<pb n="297" facs="tcp:58903:459"/>
essence and beatitude of God in a Trinity of Persons.<note place="margin">in Dictis &amp; in<g ref="char:EOLhyphen"/>terpret. Script. qu. 91. Vide August: Homil. 4. &amp; apud Gra<g ref="char:EOLhyphen"/>tian. de Con<g ref="char:EOLhyphen"/>secr. dist. 4. cap. 76.</note> S. <hi>Athanasius</hi> says
it signifies <hi>the death, burial, and resurrection of our Blessed Saviour, together
with his being three dayes in the grave.</hi> And this thing was so the practice
and custome of the Church, that in the Canons of the Apostles<note n="*" place="margin">Can. 49.</note> (as they
are called) he that does not use trine immersion is to be deposed from his
dignity. <gap reason="foreign">
                              <desc>〈 in non-Latin alphabet 〉</desc>
                           </gap>, <hi>It is impious and ungodly
to immerge but once in baptisme;</hi> so <hi>Zonaras</hi> upon that Canon: and S. <hi>Chry<g ref="char:EOLhyphen"/>sostome</hi>
derives it from Christs institution, <hi>Omnibus mysteriis velut signum
imponens Dominus, in tribus mersionibus aquae unum baptisma discipulis suis
tradidit, Our Lord did as it were impose a signe upon every mystery, and de<g ref="char:EOLhyphen"/>livered
one baptisme to his Disciples in three immersions or dippings:</hi> and
therefore says, that though this descended by tradition, yet it hath the au<g ref="char:EOLhyphen"/>thority
of a law. And the same thing we find affirmed by Pope <hi>Pelagius,</hi>
as he is cited by <hi>Gratian de consecrat.</hi>
                           <note place="margin">Lib. 4. Har<gap reason="illegible" resp="#TECH" extent="1 letter">
                                 <desc>•</desc>
                              </gap>t. fabul.</note> 
                           <hi>dist.</hi> 4. And <hi>Theodoret</hi> speaking of the
heretic <hi>Eunomius,</hi> who first of all without authority and against reason did
use but single immersion, he says that he subverted the rite of holy bap<g ref="char:EOLhyphen"/>tisme
which at first was delivered by our Lord and his Apostles.</p>
                        <p>Now in these particulars it is evident that the Ancient Churches did
otherwise then we doe:<note place="margin">14.</note> but that is not sufficient to force us to break the
Ecclesiastical custome which is of long abode with us. But when they say,
these things are to be done by Divine precept, we are to consider that upon
it's own account: and though some of the Fathers did say so, yet it can ne<g ref="char:EOLhyphen"/>ver
be proved to be so; and it were strange that there should be a Divine
Commandement of which there is no mention made in the four Gospels,
nor in the Acts or Epistles of the Apostles. But then that there is in dip<g ref="char:EOLhyphen"/>ping,
and in the repetition of it more correspondencie to the analogy and
mystery of the Sacrament, is evident; the one being a Sacrament of the
death and burial of Christ, the other a confession of, and an admission to
the faith and profession of God in the most Holy Trinity: and therefore I
say, it is sufficient warrant that every single person break that custome of
sprinkling which is against the Ecclesiastical Law; and it is also a sufficient
reason to move the Church to introduce a contrary custome to the other
of single immersion, concerning which as yet there is no law. But because
there is even in sprinkling something of the analogy of the mystery, as is
rightly observed by <hi>Aquinas</hi> and <hi>Dominicus à Soto;</hi> and because it is not
certain that the best representation and the most expressive ceremony is re<g ref="char:EOLhyphen"/>quir'd;
therefore the Church upon great cause may lawfully doe either:
but because it is better to use dipping, and it is more agreeable to the myste<g ref="char:EOLhyphen"/>ry
to use it three times, and that so the Ancient Church understood it,
therefore these things are a sufficient warrant to acquit us from the obliga<g ref="char:EOLhyphen"/>tion
of the contrary custome; because a custome against which there is so
much probability, and in which there is no necessity and no advantage, is to
be presumed unreasonable.</p>
                        <p>But if the custome of single immersion should by some new-arising
necessity become reasonable, then it not onely might be retained,<note place="margin">15.</note> but ought
to be complied with. Thus it hapned in <hi>Spain</hi> in the year DC, the <hi>Arrian</hi>
Bishops finding their advantage in the readily-prepared custome of trine im<g ref="char:EOLhyphen"/>mersion,
used it and expounded it to signify the substantial difference of the
Son and the Holy Ghost from the Father. Upon this <hi>Leander</hi> the Bishop
of <hi>Sevil</hi> gives advice and notice to S. <hi>Gregory</hi> Bishop of <hi>Rome;</hi> who com<g ref="char:EOLhyphen"/>mends
<pb n="298" facs="tcp:58903:460"/>
                           <hi>Leander</hi> for using a single immersion, which he did to signify the Uni<g ref="char:EOLhyphen"/>ty
of nature in the Divinity, &amp; that he might not comply with the <hi>Arrians:</hi>
and this was afterwards brought into custome, and then into a law by the
fourth Council of <hi>Toledo.</hi>
                           <note place="margin">Can. 5. aliàs 6.</note> But unlesse such an accident happen, and that
the reason be changed, every Church is to use her first customes, those which
be right, and agreeable to the sense and purpose of the Sacrament. But
otherwise an evil custome is better broken then kept.</p>
                     </div>
                     <div n="16" type="rule">
                        <head>RULE XVI. The Decrees and Canons of the Bishops of Rome
oblige the conscience of none but his own sub<g ref="char:EOLhyphen"/>jects.</head>
                        <p>THis must needs follow from divers of the former discourses:<note place="margin">1.</note> for if Bi<g ref="char:EOLhyphen"/>shops
in their spiritual capacity have no power of making laws of ex<g ref="char:EOLhyphen"/>ternal
regiment without the leave of their Princes, or the consent of their
people, then supposing the Popes great pretence were true, that he is the
head or chief of the Ecclesiastical order, that from him they receive im<g ref="char:EOLhyphen"/>mediately
all the spiritual power they have, yet this will afford him no
more then what Christ left to the whole order; of which I have already
given accounts.</p>
                        <p>But in this there will be the lesse need of inquiry,<note place="margin">2.</note> for since the Bishop
of <hi>Rome</hi> by arts which all the world knows had raised an intolerable Em<g ref="char:EOLhyphen"/>pire,
he us'd it as violently as he got it, and made his little finger heavier
then all the loyns of Princes: and in the Council of <hi>Trent,</hi> when in the
25<hi rend="sup">th</hi> Session the Fathers confirmed and commanded the observation of all
Canons,<note place="margin">Cap. 20.</note> General Councils, Apostolical ordinances made in favour of Ec<g ref="char:EOLhyphen"/>clesiastical
persons and Ecclesiastical liberty, they at once by establishing
the Popes Empire, destroyed it quite, for they made it impossible to obey,
and the Consciences of people were set at liberty, because they were com<g ref="char:EOLhyphen"/>manded
every man to beare a steeple upon his back. For first there were
an infinite number of Apostolical ordinances,<note place="margin">Lib. 2. c. 11.</note> saith Cardinal <hi>Cusanus,</hi> which
were never received even when they were made. Then let it be considered
what there is to be done to <hi>Gratian</hi>'s <hi>decretum,</hi> which is made part of the
Popes law: and who knows in that <hi>Concordantia discordantiarum,</hi> that
contradictory heap of sayings, which shall, and which shall not oblige the
Conscience? But then the <hi>Decretals</hi> of <hi>Gregory</hi> the 9<hi rend="sup">th</hi> and of <hi>Boniface</hi> the
8<hi rend="sup">th</hi>, the <hi>Clementines</hi> and <hi>Extravagants,</hi> all those laws in that book which
is called <hi>Collectio diversarum constitutionum &amp; literarum Romanorum
Pontificum,</hi> and in another called <hi>Epistolae decretales Summorum Pontificum</hi>
in three volumes, and in another called <hi>Eclogae Bullarum &amp; motuum
propriorum,</hi> and in another called <hi>Summa Pontificum,</hi> and in the seventh
book of the <hi>Decretals</hi> not long since composed, and in their Rules of Chan<g ref="char:EOLhyphen"/>cery,
their Penitentiary taxes, and some other books of such loads as these
that I need not adde to this intolerable heap: but that a Christian Bishop
should impose, and a Council of Christian Bishops and Priests should tie
upon the Consciences of men such burdens which they can never reckon,
<pb n="299" facs="tcp:58903:460"/>
never tell over, never know, never understand; and that they should doe
it then when a Christian Emperour had given advice that the Decrees and
Canons should be reduc'd to a less number, and made to conform to the
laws of God, is so sad a story, so unlike the spirit of Christ and to go<g ref="char:EOLhyphen"/>vernment
Apostolical, that it represents the happiness of Christendome
that they are not oblig'd to such laws, and the unhappiness that would be
upon them if the Pope had the rule and real obligations of the Consciences
of Christendome.</p>
                        <p>But of these things the world hath been long full of complaint;<note place="margin">3.</note> as
appears in the writings of the<note n="a" place="margin">Ubi supra.</note> 
                           <hi>Cardinal</hi> of <hi>Cusa,</hi> in<note n="b" place="margin">In Defens. pacis part. 2. c. 23.</note> 
                           <hi>Marsilius</hi> of <hi>Padua,</hi>
                           <note n="c" place="margin">L. 7. Annal. Boiorum.</note>
in <hi>Aventinus,</hi> in<note n="d" place="margin">In <gap reason="illegible" resp="#TECH" extent="1 letter">
                                 <desc>•</desc>
                              </gap>. Bene à Zenone, C. de quadrien. prae<g ref="char:EOLhyphen"/>script.</note> 
                           <hi>Albericus Rosate,</hi> in<note n="e" place="margin">In Confut. Primat. <gap reason="illegible" resp="#TECH" extent="1 letter">
                                 <desc>•</desc>
                              </gap> apae 2. consider. prin<g ref="char:EOLhyphen"/>cip.</note> 
                           <hi>Gregory Hambourg,</hi> in<note n="f" place="margin">In Henrico 3.</note> 
                           <hi>Matthew</hi> of
<hi>Paris,</hi>
                           <note n="g" place="margin">In parte 2. A. D. 1247.</note> 
                           <hi>Matthew</hi> of <hi>Westminster,</hi>
                           <note n="h" place="margin">Lib. de ruina &amp; reparar. Eccl.</note> 
                           <hi>Nicolaus de Clemangiis,</hi>
                           <note n="i" place="margin">In Praefat. libri de sacris Ecclesiae Mini<g ref="char:EOLhyphen"/>steriis, impres. 1551.</note> 
                           <hi>Franciscus Dua<g ref="char:EOLhyphen"/>renus,</hi>
                           <note n="k" place="margin">Alliacens. de Reformat. <gap reason="illegible" resp="#TECH" extent="1 letter">
                                 <desc>•</desc>
                              </gap>ccles. consid. 2. See also the <hi>Vergers Dream</hi> made in Latine in the time of <hi>Charls</hi> the fifth, and translated into French.</note> the <hi>Cardinal</hi> of <hi>Cambray,</hi> and many others both collected by <hi>Gol<g ref="char:EOLhyphen"/>dastus,</hi>
and the <hi>Catalogus testium veritatis</hi> by <hi>Illyricus.</hi> Insomuch that if the
people had not been ignorant and superstitious, <hi>qui facilius vatibus quam
Ducibus parent suis,</hi> and more willing to obey their Priests then their Prin<g ref="char:EOLhyphen"/>ces,
and if the Princes had not been by such means over-powered, these De<g ref="char:EOLhyphen"/>crees
and Canons would have been as easily rejected as many others have
been. For if by the Papal sanction they doe oblige the Conscience, then
they all oblige. If they all oblige, how comes it to pass that, as <hi>Cusanus</hi> saies,
infinite numbers of them are rejected when they are newly made? And if
so many of them may be rejected, then which of them shall oblige? If they
oblige by the authority of the Pope, that is alike in them all: If by the
condition of the matter, then they bind as they agree with our duty to
God and to Princes, with the publick good, and the edification of the
Church; and then the authority it self is nothing.</p>
                        <p>And it is no trifling consideration,<note place="margin">4.</note> that the body of the Canon law
was made by the worst and the most ambitious Popes. <hi>Alexander</hi> the third,
who made <hi>Gratian</hi>'s decree to become law, was a schismatical Pope, an An<g ref="char:EOLhyphen"/>tipope,
and unduly elected: The rest were <hi>Gregory</hi> the ninth, <hi>Boniface</hi> the
eighth, <hi>Clement</hi> the fifth, <hi>John</hi> the 22, persons bloudy and ambitious, trai<g ref="char:EOLhyphen"/>tors
to their princes, and butchers of Christendome by the sad warres they
rais'd, and therefore their laws were likely to be the productions of vio<g ref="char:EOLhyphen"/>lence
and warre, not of a just and peaceable authority.</p>
                        <p>But to come nearer to the point of Conscience;<note place="margin">5.</note> who made the Bishop
of <hi>Rome</hi> to be the Ecclesiastical law-giver to Christendome? For every
Bishop hath from Christ equal power, and there is no difference but what
is introduc'd by men, that is, by laws positive, by consent, or by violence.
<hi>Ad Trinitatis instar, cujus una est atque individua potestas,</hi>
                           <note place="margin">Baron. A. D. 499. n. 36.</note> 
                           <hi>unum est per di<g ref="char:EOLhyphen"/>versos
Antistites sacerdotium,</hi> said Pope <hi>Symmachus.</hi> As is the power of
the holy Trinity, one and undivided; so is the Episcopacy, divided a<g ref="char:EOLhyphen"/>mongst
all the Bishops,<note place="margin">Lib. 4. Epist. 2.</note> but th<gap reason="illegible" resp="#TECH" extent="1 letter">
                              <desc>•</desc>
                           </gap> power is the same. So S. <hi>Cyprian, Una
est Ecclesia per totum mundum in multa membra divisa: item Episcopatus
unus, Episcoporum multorum concordi numerositate diffusus, As there is but
one Church in the whole world divided into many members, so there is but one
Bishoprick parted into an agreeing number of Bishops.</hi> And again, <hi>Let no man
deceive the Brotherhood with a lie, let no man corrupt the truth of faith with a</hi>
                           <pb n="300" facs="tcp:58903:461"/>
perfidious praevarication:<note place="margin">Lib. 4. Epist. 3. Lib. 1. Fp. 3.</note> Episcopatus unus est, cujus à singulis in solidum pars
tenetur, There is but one Bishoprick, and every one of us hath his share: a part
of the flock is given to every Pastor. <hi>Now if one were the universal Bishop
over all, then these zealous words of S.</hi> Cyprian <hi>had not been reconcilable
to truth and sense: for then the unity of the Church had been by a unity
of subordination, not by an identity of office and a partition of charge. To
the same purpose is that of Pope</hi> Damasus,<note place="margin">Epist. 5.</note> 
                           <hi>writing to the</hi> African <hi>Bishops
to require their aide in a matter of discipline,</hi> Nos excusare non possumus, si
ejus Ecclesiam quae nobis generaliter commissa est in quantu<g ref="char:cmbAbbrStroke">̄</g> praevalemus puram
à tam illicitis superstitionibus non custodiamus, quia non aliter unus grex &amp;
unus Pastor sumus, nisi quemadmodum Apostolus docet, id ipsum dicamus
omnes, &amp;c. The Church is committed to us in common, and we have no other
way of being one flock and one shepherd, but by speaking the same things] <hi>that
is, consenting and joyning in the common government. This is the
same which S.</hi> Hierom <hi>affirm'd,</hi> Omnis Episcopus, sive Romae fuerit, sive
Eugubii, sive Constantinopoli, sive Rhegii, sive Alexandriae, sive Tanais,
ejusdem est meriti, ejusdem sacerd<gap reason="illegible" resp="#TECH" extent="1 letter">
                              <desc>•</desc>
                           </gap>tii: <hi>It is all one, there is no difference in
worthiness and power, whether he be Bishop of</hi> Rome <hi>or</hi> Eugubium, Con<g ref="char:EOLhyphen"/>stantinople
<hi>or</hi> Rhegium, Tanais or Alexandria. <hi>For as it was with the Apo<g ref="char:EOLhyphen"/>stles,</hi>
                           <note place="margin">Cyprian de unit. Eccles.</note>
                           <hi>so with their successors;</hi> Hoc utique erant caeteri Apostoli quod erat
Petrus, pari consortio praediti &amp; honoris &amp; potestatis, <hi>What</hi> Peter <hi>was that the
rest of the Apostles were; He was the Vicar of Christ on earth, and so
were they, and so are their successors.</hi> Caput enim Ecclesiae Christus est,
Christi autem Vicarii Sacerdotes sunt, qui vice Christi legatione funguntur in
Ecclesia, <hi>said Pope</hi> Hormisda: <hi>and S.</hi> Cyprian <hi>calls the Bishop,</hi> unum ad tem<g ref="char:EOLhyphen"/>pus
vice Christi Judicem,<note place="margin">Vide S. Cypr. l. 1. ep. 3. &amp; lib. 5. ep. 6. S. Ambrose in 1 Cor. 11.</note> 
                           <hi>the Deputy and vicegerent of Christ. S.</hi> Peter <hi>had
the Keyes given him, so had the Apostles, and so have their Successors;
S.</hi> Peter <hi>was the pillar of the Church, and so were the other Apostles; He
was a foundation, and so were they; for</hi> Christ hath built his Church upon
the foundation of the Apostles and Prophets. <hi>He was</hi> 
                           <gap reason="foreign">
                              <desc>〈 in non-Latin alphabet 〉</desc>
                           </gap>, <hi>and every one of
them was</hi> 
                           <gap reason="foreign">
                              <desc>〈 in non-Latin alphabet 〉</desc>
                           </gap>, a rock, <hi>and Christ was the Corner-stone. And what
they were in their perpetual office, that the Bishops are.</hi> Antistitem puriorem
caeteris esse oportet, ipsius enim [Christi] personam habere videtur, est enim
vicarius ejus,<note place="margin">In Quaest. Vet. &amp; N. Test. q. ult. &amp; ad fratres in Eremo, cap. 37.</note> ut quod caeteris licet, illi non liceat, quia necesse habet quotidie
Christi vicem agere, <hi>said S.</hi> Austin. A Bishop ought to be more holy then
others, because he hath the person of Christ, he is his Vicar, what is lawful to
others is not lawful for him, for he every day is in his place or stead. <hi>Adde
to this, that the power which the Bishops have, they have it immediately
from Christ, they are successors of the Apostles, of all, not of</hi> Peter <hi>onely,
many Apostolical Churches which were established by others being suc<g ref="char:EOLhyphen"/>ceeded
in as well as</hi> Rome; <hi>that these things are evident in matter of fact,
and universally affirmed in antiquity clearly and without dispute.</hi>
                        </p>
                        <p>
                           <hi>From hence it must needs follow that by the law of Christ one Bi<g ref="char:EOLhyphen"/>shop
is not superior to another.</hi>
                           <note place="margin">6.</note> 
                           <hi>Concerning which I need no other testi<g ref="char:EOLhyphen"/>mony
then that excellent saying of S.</hi> Cyprian <hi>in the Council of</hi> Carthage,
It remains (<hi>saith he</hi>) that we all speak what every one of us does think, judging
no man, and refusing to communicate with no man that shall happen to be of a
differing judgment. Neque enim quisquam nostrum se Episcopum Episcopo<g ref="char:EOLhyphen"/>rum
constituit, aut tyannico terrore ad obsequendi necessitatem collegas suos
adegit; quando habeat omnis Episcopus pro licentia libertatis &amp; potestatis
suae arbitrium proprium, tanquam judicari ab alio non possit, cum nec ipse possit
<pb n="301" facs="tcp:58903:461"/>
alterum judicare: sed expectemus universi judicium Domini nostri Jesu
Christi, qui unus &amp; solus habet potestatem &amp; praeponendi nos in Ecclesiae suae
gubernatione, &amp; de actu nostro judicandi, For none of us makes himself a Bi<g ref="char:EOLhyphen"/>shop
of Bishops, or by tyrannical terror compels his collegues to a necessity of
complying: for every Bishop hath a liberty and power of his own arbitrement,
neither can he be judged by any one, nor himself judge any other; but we all
must expect the judgment of our Lord Jesus Christ, who by himself and alone
hath power of setting us over the government of his Church, and of judging us
for what we doe. <hi>Now if all Bishops be equal in their power, then the Pope
can by the laws of Christ make laws no more then any Bishop can; and
what the legislative of the Bishop is, I have already declar'd and prov'd:
and therefore for these and infinite</hi> other reasons <hi>the Consciences of Chri<g ref="char:EOLhyphen"/>stians
may be at peace as to the Canons of the Popes, out of his temporal
jurisdiction. Concerning which</hi> other reasons <hi>who please to require them
may find enough in</hi>
                           <note n="*" place="margin">Lib. 2. Cap. 1, 5, 6.</note> Spalatensis, <hi>in the replies of our English Prelates in
the questions of supremacy and allegeance, in</hi> Chamier, Moulin, Gerard,
<hi>and divers others. I have the less need to insist upon any more particulars,
because I write in a Church where this question is well understood, and
sufficiently determin'd to all effects of Conscience. I onely adde the saying
of</hi> Aeneas Sylvius <hi>who was himself a Pope,</hi>
                           <note place="margin">Epist. 288.</note> Ante Concilium Nicenum quis<g ref="char:EOLhyphen"/>que
sibi vivebat, &amp; parvus respectus habebatur ad Ecclesiam Romanam, Before
the Nicene Council every man lived to himself (<hi>that is, by his proper mea<g ref="char:EOLhyphen"/>sures,
the limits of his own Church</hi>) and little regard was had to the Church
of Rome.</p>
                     </div>
                  </div>
                  <div n="4" type="section">
                     <head>§. IV. Of the matter and conditions of ECCLESIASTICAL
Laws requir'd to the obligation of Conscience.</head>
                     <div n="17" type="rule">
                        <head>RULE XVII. Ecclesiastical laws that are meerly such cannot be
Universal and perpetual.</head>
                        <p>I Doe not mean onely that Ecclesiastical laws can be abrogated by an
Authority as great as that which made them;<note place="margin">1.</note> for all positive laws both
of God and man can be so, and yet there are some of both which have
been obligatory to all men under such a government, and during such a
period, that have been called perpetual &amp; for ever. But that which is here
intended is of greater consequence and concern to the Conscience, and it is
this, That Ecclesiastical laws meerly such, that is, those which doe not
involve a divine law within their matter, must be so made as that they doe
not infringe <hi>Christian liberty;</hi> and secondly, that they be so enjoyn'd, that
<hi>the Commandements of men be not taught for doctrines.</hi> These are very
material considerations, but of great difficulty; and therefore it is fit they
be most seriously considered.</p>
                        <p>They must be imposed so as to leave our liberty unharm'd;<note place="margin">2.</note> that is,
that the law be <hi>not universal,</hi> not with an intent to oblige all Christen<g ref="char:EOLhyphen"/>dome,
except they will be obliged, that is, doe consent. For laws are in
publick as actions in particular; actions are done by single men, and laws
<pb n="302" facs="tcp:58903:462"/>
are made by limited communities. A Society cannot be said to doe an
action, and the whole world cannot be said to make a law; but as the action
is done by a determin'd person, so the law is made by a determin'd Go<g ref="char:EOLhyphen"/>vernment,
as by the Church of <hi>England,</hi> of <hi>Rome,</hi> of <hi>Millain;</hi> and the Ca<g ref="char:EOLhyphen"/>tholick
Church never yet did meet since the Apostles daies in any assembly
to make a law that shall bind all Christians whether they consent or no.
And because one Church hath not by any word of Christ authority over
another Church, and one King is not superior to another King, but all are
supreme in their own dominions, of which the Church is at least a part, and
if they be all Christian, it is that Church, that Christian dominion; it must
necessarily follow that no Ecclesiastical law can be made with a power
of passing necessary obligation upon all Christians. And therefore the
Code of the Catholick Church was nothing but a collection of some
private constitutions which were consented to by many Churches,
and to which they bound themselves, but did not long stand so, but
changed them more or less according as they pleas'd. And when the
Roman Emperors made any Canon Ecclesiastical into a law, it was a
part of the Civil law, and by that authority did oblige as other civil laws
did, not all the world, but onely the Roman world, the subjects of that
dominion.</p>
                        <p>But when any law or Canon Ecclesiastical is made,<note place="margin">3.</note> it is made by a cer<g ref="char:EOLhyphen"/>tain
number of Ecclesiastics, or by all. If by all, then all consent first or last,
and then every Bishop may govern his charge by that measure; but that
was never yet reduc'd to practice, and prevails onely by consent: But if by
a certain number onely, then they can but by that measure rule their own
subjects; but if they obtrude it upon others, then comes in the precept of
the Apostle, <hi>Stand fast in the liberty with which Christ hath made you free,
and be not again intangled in the yoke of bondage.</hi>
                           <note place="margin">Galat. 5. 1.</note>
                        </p>
                        <p>For when Christ had made us free from the law of Ceremonies which
God appointed to that nation,<note place="margin">4.</note> and to which all other nations were bound
if they came into that Communion; it would be intolerable that the Chur<g ref="char:EOLhyphen"/>ches,
who rejoyced in their freedome from that yoke which God had im<g ref="char:EOLhyphen"/>posed,
should submit themselves to a yoke of ordinances which men should
make: for though before they could not, yet now they may exercise com<g ref="char:EOLhyphen"/>munion
and use the same religion without communicating in rites and
ordinances.</p>
                        <p>This does no way concern the subjects of any government (what liberty
they are to retain and use,<note place="margin">5.</note> I shall discourse in the following numbers) but it
concerns distinct Churches under distinct Governments, and it means, as
appears plainly by the context and the whole analogy of the thing, that
the Christian Churches must suffer no man to put a law upon them who
is not their Governour. If he have undertaken a pious discipline, let him
propound it, and for God's glory and the zeale of souls endeavour to per<g ref="char:EOLhyphen"/>swade
it; for all that is not against Christian liberty, untill any man or
any Church shall impose it, and command it, whether the Churches please
or no, whether they judge it expedient or no, whether it be for their edifi<g ref="char:EOLhyphen"/>cation
or not for their edification: that's not to be suffered; it is against
our Evangelical liberty, and the Apostolical injunction.</p>
                        <p>
                           <pb n="303" facs="tcp:58903:462"/>
And this was so well understood by the Primitive Churches,<note place="margin">6.</note> that
though the Bishops did appoint temporary and occasional fasts in their
Churches upon emergent and great accidents, as <hi>Tertullian</hi> affirms, yet
they would suffer no Bishop to impose any law of fasting upon others, but
all Churches would keep their own liberty, as I have already proved in
this Chapter<note n="*" place="margin">Rule 13. n. 9.</note> &amp; when <hi>Montanus</hi> did <gap reason="foreign">
                              <desc>〈 in non-Latin alphabet 〉</desc>
                           </gap> make a law of fasting,
not for his own Church, but intended that all Christians should keep the
fasts appointed, they made an outcry against him &amp; would not endure it; &amp;
yet he did it onely for discipline, not for doctrine, for piety, not as of necessi<g ref="char:EOLhyphen"/>ty,
as appears in <hi>Tertullian</hi>'s book of fasting, in the first &amp; second Chapters:<note place="margin">Vide etiam c. 13. &amp; 15.</note>
and they also did keep fasting-days set and solemn, every Bishop in his own
Church, at what times they would, but almost all upon Good-Friday; but
this was by consent and with liberty, and that they ought to defend, and so
they did.</p>
                        <div type="part">
                           <head>But Ecclesiastical laws must not be perpetual.</head>
                           <p>That is, when they are made,<note place="margin">7.</note> they are relative to time and place, to
persons and occasions, subject to all changes, fitted for use and the advan<g ref="char:EOLhyphen"/>tage
of Churches, ministring to edification, and complying with charity.
Now whatsoever is made with these conditions, cannot be perpetual: and
whatsoever Ecclesiastical Law hath not these conditions, the Churches
ought not to receive, because they are impediments, not advantages to the
service of God. If they be thus qualified, no good man will refuse them;
if they be not, they are the laws of Tyrants, not of Spiritual Fathers:
For this whole affaire is fully stated in those words of our Blessed Saviour;
reproving of the <hi>Pharisees</hi> and their Ecclesiastical laws, he says, they <hi>by
their traditions did evacuate the Commandement of God,</hi> and they <hi>taught
for doctrines the commandements of men.</hi> The full sense of which when
we understand, we have the full measure of Ecclesiastical laws, not onely as
they relate to the Churches and communities of Christians under distinct
governments, but to every single Christian under his own governour and
superior. These I say are the Negative measures: that is, Ecclesiastical
laws are not good and are not binding if they be impos'd against the inte<g ref="char:EOLhyphen"/>rest
of a Divine Commandement, or if they be taught as doctrines. Of
the first there is no doubt, and in it there is no difficulty: But in the latter
there is a very great one.</p>
                           <p>For when our superiors impose a law of discipline,<note place="margin">8.</note> they say it is
good, it is pleasing to God, it is a good instrument and ministery to some
vertue, or at least it is an act of obedience, and that it is so, is true doctrine:
what hurt can there be in all this? The commandements of men are bound
upon us by the Commandement of God, and therefore when they are
once imposed, they cease to be indifferent, and therefore may then become
<gap reason="foreign">
                                 <desc>〈 in non-Latin alphabet 〉</desc>
                              </gap> 
                              <hi>doctrines</hi> and points of religion; what then is that which our
Blessed Saviour reproves? and what is our Negative measure of Ecclesiasti<g ref="char:EOLhyphen"/>cal
laws?</p>
                           <p>To this the answer is best given by a narrative of what the <hi>Pharisees</hi>
did,<note place="margin">9.</note> and was reproved: for all was not repugnant to the law of God, neither
is all that amisse which <hi>men teach to be done.</hi> For our Blessed Saviour
commanded us to hear them that sate in <hi>Moses</hi> chaire, and to doe whatso<g ref="char:EOLhyphen"/>ever
<pb n="304" facs="tcp:58903:463"/>
they commanded: not absolutely whatsoever, but whatsoever of a
certain sort; that is, 1. whatsoever they taught by a probable interpre<g ref="char:EOLhyphen"/>tation
of what was doubtfull, 2. or by faithfull counsel concerning things
belonging to piety and charity, 3. or by a determining to circumstances
of time and place those things which were left to their choice and conduct.</p>
                           <p>Whatsoever was besides these,<note place="margin">10.</note> that is, 1. whatsoever had it's founda<g ref="char:EOLhyphen"/>tion
in the opinions of men, and not in something certainly derived from
God, if brought into religion, and impos'd on mens consciences as a part of
the service of God, this is the teaching for doctrines the commandements
of men. But besides this 2. if what is deduc'd onely by probable inter<g ref="char:EOLhyphen"/>pretation
be obtruded as a matter of faith; or 3. if what is piously coun<g ref="char:EOLhyphen"/>sel'd,
be turned into a perpetual and absolute law; or 4. if that which
was left to the choice and conduct of the governours, be handled not as
matter of liberty, but of necessity; in all these cases the commandements
of men are taught for doctrines.</p>
                           <p>The reason of these things is plain.<note place="margin">11.</note> For the first; If it have no founda<g ref="char:EOLhyphen"/>tion
in the law of God, but in humane opinions, and yet be taught for do<g ref="char:EOLhyphen"/>ctrine,
it is literally the thing that is here reproved. For the second. What<g ref="char:EOLhyphen"/>soever
is but probably collected is not the word of God, for that is always
certain: it is true it is not probable in it self, but in it self is true of false;
but to him it is but probable, and therefore to say this is the word or the
Commandement of God, is more then the man can say; it is to say that it
is true in it self, that is, it is a doctrine of God, when indeed it is but the
word of Man for ought we know. * For the third; When God hath left it at
liberty, if man turnes it into a commandement, and teaches it for the law of
God, he does more then God would doe, and more then is true; for God
never made it into a law, and man cannot make it to become God's law: for
the Ecclesiastic order being but God's Minister and the publisher of God's
will, must propose things as they received them from God; that which is
law, as necessary, that which is Counsel, as highly rewardable. For the
fourth; If it be left in the power of the Governours, then it is <hi>hoc ipso</hi> evi<g ref="char:EOLhyphen"/>dent
that it is not necessary, and therefore though it may minister to order
and discipline, yet it must doe no more: it may be called <hi>obedience,</hi> so long
as it is justly bound upon us with the cords of a man; but it must not in any
other sense nor at any time be called <hi>religion.</hi> How these two last sorts
may be made into laws I shall account when I speak of the positive mea<g ref="char:EOLhyphen"/>sures
of Ecclesiastical laws; but abstracting from that superinduc'd obliga<g ref="char:EOLhyphen"/>tion,
to teach these things as necessary which God hath not made so, is to
doe as the <hi>Pharisees</hi> did, whom our Blessed Saviour so reproves.</p>
                           <p>An example of the <hi>first</hi> is the <hi>Pharisees</hi> teaching the washing of cups
and dishes,<note place="margin">12.</note> because they said that if a Gentile or any unclean person had
touch'd their vessel that touch'd their meat, the impurity would goe into
their body that eat it, and from thence into their soul; and therefore they
taught the doctrine or tradition of cleansing vessels and washing their
hands,
<q>
                                 <gap reason="foreign">
                                    <desc>〈 in non-Latin alphabet 〉</desc>
                                 </gap>,</q>
                              <gap reason="foreign">
                                 <desc>〈 in non-Latin alphabet 〉</desc>
                              </gap>, as he said in the Greek Comedy;
finding out a vain remedy to cure a phantastical disease. Thus in the
Church of <hi>Rome,</hi> they <hi>exorcise</hi> salt and water to cast our Devils; they give
<pb n="305" facs="tcp:58903:463"/>
verses out of the Psalms or Gospels to charm witches; they ring the bells
to appease tempests, and very many more such ridiculous devices. 2. Of the
<hi>second</hi> we have examples enough in the Council of <hi>Trent,</hi> who drew into a
body of articles, and declar'd those things, some of which are but probable
at most, and some of them apparently false, to be articles of faith: and un<g ref="char:EOLhyphen"/>der
this those also must needs be involved, who persecute men for opinions
and doubtfull disputations. 3. Of the <hi>third,</hi> they are very evil examples
who to some whole orders of men lay an injunction of keeping Evangeli<g ref="char:EOLhyphen"/>cal
counsels: such who forbid the whole order of the superior Clergy to
marry, and command them that are married to forsake their wives or their
office and livelihood. 4. But they are guilty of the <hi>fourth</hi> kind of pre<g ref="char:EOLhyphen"/>varicating
of the words of our Blessed Saviour, who persecute the breakers
of an Ecclesiastical Law with a severity greater then the violators of a Di<g ref="char:EOLhyphen"/>vine
Commandement. For if there be any liberty of any sort left after an
indifferent action is made into a law of man, it is all destroyed by them who
give lesse liberty to the transgression of that law then to the breach of
God's law, under which there is left no liberty, but the liberty of a chearfull
and voluntary obedience. For they that doe such things must needs at
least say that such humane injunctions are as necessary as the Divine Com<g ref="char:EOLhyphen"/>mandements;
for else why are they more severely punished?</p>
                           <p>The summe is this;<note place="margin">13.</note> Not onely those who expressely teach that what
they have invented is a Commandement of God, but all they that say any
thing is a law of God which is not, though it be good, though it be proba<g ref="char:EOLhyphen"/>ble,
and all they which use arts and secret devices and little arguments and
inforcements, and presse indifferent things up to the height and necessity of
religion and a Divine Commandement, are guilty of this Pharisaisme, ob<g ref="char:EOLhyphen"/>noxious
to our Saviours reproof, and if it be in the matter of Ecclesiastical
laws, have exceeded their measures and their power, and bind themselves,
but not the consciences of their subjects. A Commandement is not onely
then broken when we bid open defiance to it, but then also when we doe
actions unlike the vertue of it, and actions tending to the violation of it;
that is, there are degrees of violation of a Divine law: and an Ecclesiasti<g ref="char:EOLhyphen"/>cal
law that does in any degree break this law of our Blessed Saviour is
therefore void, and is become intolerable.</p>
                           <p>Of these things I shall yet give two great examples,<note place="margin">14.</note> one of the <hi>Pha<g ref="char:EOLhyphen"/>risees,</hi>
and another of some that follow their example in this affair. God
gave a Commandement to the <hi>Jews</hi> of keeping holy the Sabbath-day,
their new Moons and some other solemnities. Now there were many par<g ref="char:EOLhyphen"/>ticulars
in the observation which were not determin'd in the Law; but
1. what was doubtfull was to be expounded by their Doctors. 2. Some
things were left to the liberty of good people, and the measure of them
was best determin'd by their Doctors and men learned in the Law. 3. There
were some Canons Ecclesiastical which were outer guards and hedges to
the law it self, that men might by those distances be kept farther off from
sin; and in these things their Rulers also had power. Now though all this
they could doe, and might pretend an authority from God to interpret the
Law and to guide the Consciences, yet when they fell into ridiculous Com<g ref="char:EOLhyphen"/>mentaries
and uselesse Glosses, neither the law it self about which their in<g ref="char:EOLhyphen"/>terpretations
were imployed, nor their authority which they had from
God could secure them from tyranny, and corruption, and doing violence
<pb n="306" facs="tcp:58903:464"/>
to Conscience, and imposing unequal burdens. <q>Thus we find that their
<hi>Rabbins</hi> taught that upon a solemn feast-day it was not lawful to catch
fish in their ponds, but they might hunt the hens and catch the geese in
their yard. They might not blow the fire with a pair of bellows, because
that was too like the labour of Smiths; but they might blow it through
a hollow Cane. They might make a fire and set on their pot, but they must
not lay on their wood like the structure of a house, that is, too artifici<g ref="char:EOLhyphen"/>ally;
and you must rost or boyle no more then was necessary: and if you
made a fire, you might wash your feet with warm water, but not your
whole body. You must not touch an egge that was laid that day; nay if
you were doubtful whether it were laid that-day or no, yet you might not
eat it, and if that were mingled with a thousand, you might touch none of
them: but if you kill'd a hen, you might eat the perfect eggs that you
found in her.</q> These and many more such little doctrines they taught to
be observed, as explications and manners of the observation of the Divine
Commandement: but these I have here transcrib'd from the Jewes books,
that we may perceive the sense of our Blessed Saviour's reproof by the in<g ref="char:EOLhyphen"/>stances
of their prevarication. He was pleased to speak to that of washing
of cups and platters:<note place="margin">Mark 7. 4.</note> but it is also s<gap reason="illegible" resp="#TECH" extent="2 letters">
                                 <desc>••</desc>
                              </gap>d there, <gap reason="foreign">
                                 <desc>〈 in non-Latin alphabet 〉</desc>
                              </gap>, <hi>there are
many other things,</hi> such as that was which they have received and teach,
some of which I have recited. Now we doe not find that the Pharisees
taught these as divine Commandements, but they us'd them as if they
were; they did them <gap reason="foreign">
                                 <desc>〈 in non-Latin alphabet 〉</desc>
                              </gap>, they thought themselves the more
holy for doing them, they accounted them profane that did not, they
plac'd much of their religion and Pharisaisme or separation in them, esteem<g ref="char:EOLhyphen"/>ing
them a part of the divine worship: This was their case, and Christ
gave their sentence.</p>
                           <p>The other instance which I promised is the law of the Roman Church
in keeping of Lent;<note place="margin">15.</note> which it is certain was no law of Christ; not so much
as the interpretation of a Divine law. Some of them pretend it was enjoyned
by the Apostles; others of them say not, and these say true; so that it is
a Commandement of men: but yet this they teach for doctrine in the cul<g ref="char:EOLhyphen"/>pable
and criminal sense, that is,</p>
                           <p>1. They value it more then some Commandements of God.<note place="margin">16.</note> I need
no other proof but the words of <hi>Erasmus, Veluti parricida, penè dierim,
rapitur ad supplicium,</hi>
                              <note place="margin">Epist. ad Epis. Basil.</note> 
                              <hi>qui pro piscium carnibus gustarit carnes suillas, He
that in stead of fish shall but tast a piece of pork is dragg'd to punishment almost
as if he were a parricide. Gustavit aliquis carnes, clamant omnes, O coelum!
O terra! O maria Neptuni! Nutat Ecclesiae status, &amp;c.</hi> If they see a man
eat flesh, they are amaz'd, they think the Church is in danger; they put
men to death, to the sharpest death of burning alive, for eating flesh; they
shut up the Butchers shambles, but leave open the publick Stews.</p>
                           <p>2. They account it to be a part of the service of God,<note place="margin">17.</note> not onely as it
is an act of obedience to superiors, but in it self and without any relative
consideration.<note place="margin">Lib. 2. de bonis operib. c. 9. § tertio addit.</note> 
                              <hi>Bellarmine</hi> saies <hi>they are not Christians that eat flesh in Lent:</hi>
which words are extremely false, or else every one that disobeys an Ec<g ref="char:EOLhyphen"/>clesiastical
law hath forfeited his Christendome; or else he places the
summe and life of religion in the keeping of Lent, and makes it a vital part,
expressly prevaricating one of the most glorious propositions of Christi<g ref="char:EOLhyphen"/>anity,
<pb n="307" facs="tcp:58903:464"/>
placing the <hi>Kingdome of God in meat and drink,</hi>
                              <note place="margin">Rom. 14. 17.</note> not in <hi>righteousness
and peace and joy in the Holy Ghost;</hi> and doing that which the Apostle hath
forbidden,<note place="margin">Coloss. 2. 16.</note> when he said to the <hi>Colossians, let no man judge you in meat
and drink.</hi> If it were onely a question of obedience to the law, it were to
be considered upon a distinct account, and were a sin or duty respectively
according to the several dispositions of the person and the law: but no man
saies that he is no Christian who at any time breaks any Ecclesiastical law;
and therefore in this more is pretended, and it is to be reckoned amongst
the <gap reason="foreign">
                                 <desc>〈 in non-Latin alphabet 〉</desc>
                              </gap>, <hi>the commandements of men that
are taught for doctrines.</hi>
                           </p>
                           <p>3. They account the exterior action, the body of the injunction,<note place="margin">18.</note> the
element of it to be a service of God; and for that part of it esteem them<g ref="char:EOLhyphen"/>selves
the more holy and the better Christians, as appears in their con<g ref="char:EOLhyphen"/>tentions
about it, using arguments to prove the very Fast to be a sacrifice,
a pure oblation<note n="*" place="margin">Beliar. ubi supra c. 11. § item.</note>. Now it is true that fasting is a good ministery to divers
holy purposes, but it is no more; it is that which can be supplied by other
ministeries as apt, and therefore that in kind is not necessary, nor requir'd; it
is that whose work can be done without any ministery at all in some persons
&amp; some cases, even by love and by obedience, by hope and fear, which are
of themselves direct graces, vertues and parts of the service of God. And
therefore the Fathers of the Church press in their Sermons and exhorta<g ref="char:EOLhyphen"/>tions
to fasting, that they would take care to acquire the end of fasting, to
be free from vice, to mortify the affections and lusts; according to that
saying of <hi>Isidore, Fastings with good works are acceptable to God: But he that
abstains from meat,</hi>
                              <note place="margin">Lib. 2. Senten. cap. 44.</note> 
                              <hi>and does evil, imitates the Devils, quibus esca non est, &amp;
nequitia semper est, They never eat, but ever doe wickedly and perversly. But
he fasts well that fasts from maliciousness and secular ambitions. Take heed
therefore,</hi>
                              <note place="margin">Epist. 14.</note> saies S. <hi>Hierom</hi> to <hi>Celantia, that when you begin to fast and use
abstinence, you doe not think your self holy. For this strength adjumentum est,
non perfectio sanctitatis, it is not the perfection of sanctity, but a help onely.</hi>
                              <gap reason="foreign">
                                 <desc>〈 in non-Latin alphabet 〉</desc>
                              </gap>, <hi>and there is no profit at
all of fasting,</hi>
                              <note place="margin">Homil. 3. ad pop. Antioch. &amp; hom. 4. &amp; hom. 16.</note> 
                              <hi>unless all things else doe follow,</hi> saith S. <hi>Chrysostome;</hi> that is
<gap reason="foreign">
                                 <desc>〈 in non-Latin alphabet 〉</desc>
                              </gap> 
                              <hi>an abstinence from sin intirely:</hi> and again, <hi>what gain is
it if</hi> 
                              <gap reason="foreign">
                                 <desc>〈 in non-Latin alphabet 〉</desc>
                              </gap> 
                              <hi>being void and empty of good works we have kept
the fast? If therefore another saies, I have fasted all the Lent, say thou, I had
an enemy, but I am reconcil'd; I had an evil Custome of detracting from my
neighbours fame, but I have left it off; I had an ungodly custome of swearing,
but it is now amended.</hi> The summe is this, which I represent in the words
of <hi>Prosper,</hi>
                              <note place="margin">L. 3. de vita contemplat. cap. 10.</note> 
                              <hi>jejunia, abstinentiae, ac caetera hujusmodi, non pro justitia, sed
cum justitia Deo sunt exhibenda, Abstinence and fastings are not to be given
to God for good works, but with them.</hi> That is, they are of use in order to
certain purposes, which when they doe effect they are good, when they doe
not, they are useless troubles; and if they then be urg'd beyond their
ministery, and instrumentality, and for themselves, then we return to the
beggerly elements and rudiments of the synagogue: and if we suffer our
selves to be brought under the power of these things by laws and affright<g ref="char:EOLhyphen"/>ments
and spiritual terrors, then we have lost our Christian liberty which
was bought by the best bloud of the world.</p>
                           <p>4. But not onely the exterior and instrumental act is absolutely urged
and taught as necessary,<note place="margin">19.</note> but a circumstance, a manner and forme of that ex<g ref="char:EOLhyphen"/>terior
<pb n="308" facs="tcp:58903:465"/>
instrument is enjoyned. It is enjoyn'd not that we fast totally; but
that we fast so: you may dine if you will eat at the Merchants hours, after
twelve or one of the clock, but you may not eat flesh; you may eat sweet-meats,
the most delicious fish, the Sturgeon and the Scarus, the Lamprey
and the Oyster, the Eele and the Salmon, and all the delicacies of Nature,
so you doe not touch the fillets of a Veal, nor eat an Egge or Milk, Curds
or Cheese, or any thing that comes from a beast or bird. Now what can
be the meaning of this, when it comes to be expounded by wise and sober
men that can judge of the causes and differences of things? For if abstinence
and fasting be the thing that is requir'd, this is nothing of it: if we may
dine, if we may fill our bellies with wine and delicacies, if we may eat and,
as <hi>Adam</hi> might, of all the garden of <hi>Eden,</hi> it is no great matter as to tem<g ref="char:EOLhyphen"/>perance
and abstinence, as to mortification and austerities, if we abstain
from one; it may be something as to our health, and so certainly it is to
very many bodies. It may be an instrument of vexation, but it cannot edify.
Is any man cur'd of his lust by eating nothing but fish and broaths for forty
daies? He may indeed be made sick by it, and so very many are, but the
interest of no vertue is serv'd by it, but by the other permissions it may be
more destroyed; and by fishes and broaths and artificial meats provisions
may be too abundantly made <hi>for the flesh to fulfill the lusts thereof.</hi> What
therefore is in this manner of the law, but something of the beggerly reli<g ref="char:EOLhyphen"/>gion
of meats and drinks? In the daies of <hi>Prosper</hi> they abstain'd from the
flesh of beasts, but not of birds; and his sentence of that kind of fasting is
this, <q>But they that abstaining from the flesh of four-footed beasts, enjoy
the flesh of Phesants and other precious birds or fishes,<note place="margin">Lib. 2. de vit. contempl. cap. 23.</note> seem to me not
to cut off the delights of their bodies, but to change them, and to cast
away the common and cheap delicacies of flesh, that they may fill their
pleasures with more delicious and more precious flesh; not for absti<g ref="char:EOLhyphen"/>nence,
but because some flesh is unclean, or rather, as I suppose, for the
tenderness of their wanton stomacks: since the nature of any flesh is not
to be condemned, if it be intended for mans use and appointed by God;
but the lusts of the flesh are to be avoided, which the Devil hath superin<g ref="char:EOLhyphen"/>duc'd
and offers to our senses. But they that would seem to themselves
more abstinent, and by it acquire same and noises, doe so abstain from
flesh, that they fill their vast appetite with rare fruits and curious
broaths: but spiritual abstinence perswades not to refrain the use of cer<g ref="char:EOLhyphen"/>tain
meats, but the restraint of the lust and the desire; and they are ra<g ref="char:EOLhyphen"/>ther
to be esteem'd abstinent, who forbid not to themselves the use of
some meats, but the delights of the body.</q>] And indeed let it be consi<g ref="char:EOLhyphen"/>dered;
if a man pretending to mortify his body shall abstain from wine, and
will nevertheless drink sherbets and delicious beurages, strong ale and
Spirits, I suppose his body will not by that discipline be dead to sin: and
so it is in the abstinence from flesh, unless he also abstain from all nourish<g ref="char:EOLhyphen"/>ment
but what is necessary and made pleasant by want. For thus the holy
Primitives when they had gotten the custome of the Lenten fast, for two
daies, or six daies, or ten daies, or fifteen daies, according as the humor in<g ref="char:EOLhyphen"/>creased,
they did generally abstain from flesh; but so they did also from fish,
and wine, and all delicacies, and eat a drie diet, bread and water, herbs and
common fruits, turneps and berries, flies and nuts: and yet this they did
without making it a religion not to eat a bit of flesh; but upon occasion
would eat a meale of flesh, but not very delicious; and when their fasts
were of many daies, they were not continual but intermitted. This latter
<pb n="309" facs="tcp:58903:465"/>
I have already proved; but that even in Lent the Primitive Christians
did not abhorre flesh, appears beyond dispute in the case of <hi>Spiridion</hi> Bishop
of <hi>Cyprus,</hi> who when a traveller came to him in the time of Lent very
weary and faint, and there was no cold provisions in the house ready dress'd,
it being a time of fasting, bids his daughter to boyle some pork which was
in the house powder'd for the use of the family: she did so, and her Father
the Bishop eat of it, and bade his guest doe so too; who refus'd, saying that
he was a Christian. The Bishop replied, therefore the rather you ought
not to refuse; because the word of God hath said, <hi>To the pure all things are
clean.</hi>
                              <note place="margin">Lib. 1. hist. 11.</note> So <hi>Sozomen</hi> tels the story. By which it is apparent, that then it
was not the custome for Christians to eat flesh in Lent, for they eat no<g ref="char:EOLhyphen"/>thing
that was pleasant, but they abstain'd because it was pleasant, not be<g ref="char:EOLhyphen"/>cause
it was flesh; for of this they made no religion, as appears in the fact
and exhortation and argument of <hi>Spiridion.</hi> And of the same considera<g ref="char:EOLhyphen"/>tion
was that law of <hi>Justinian,</hi> in whose time, which was in the middle of
the sixth Age, the Custome of abstaining from flesh in Lent did prevaile
much; but because it hapned in <hi>Constantinople</hi> to be great scarcity of other
provisions, the Emperor commanded the shambles to be open and flesh to
be publickly sold.<note place="margin">Lib. 17. cap. 32. hist.</note> But <hi>Nicephorus</hi> tells that the people would not buy
any, for they began to think it to be religion <hi>not to touch, not to tast, not to
handle.</hi> But the Emperor and the wise men knew no religion against it.
And that which <hi>Marcian</hi> said to <hi>Avitus</hi> in the like case is very considerable,
<hi>We know that charity is better then fasting;</hi>
                              <note place="margin">Theodoret. hist. relig. in Mar<g ref="char:EOLhyphen"/>ciano.</note> 
                              <hi>for charity is a work of the Divine
law,</hi> 
                              <gap reason="foreign">
                                 <desc>〈 in non-Latin alphabet 〉</desc>
                              </gap>, <hi>but fasting, is a thing urbitrary and of our own
choice.</hi> * Since therefore to eat flesh or not to eat it, may become good or
bad as it is us'd, and does not serve the end of fasting, and such fasting does
not serve the end of the spirit, not onely to make fasting to be religion, to
which it does but minister, but to call that fasting which they who first be<g ref="char:EOLhyphen"/>gan
Lent would call feasting and luxury, and to make that to be essential
to that fast, and that fast necessary to salvation in the ordinary way of
necessity, is not onely to teach for doctrine the Commandements of men,
but to make the impotent, fantastick and unreasonable devices of men
to become Commandements.</p>
                           <p>5. That this may be an exact parallel with the practice of the Phari<g ref="char:EOLhyphen"/>sees
in that folly which our Blessed Saviour reprov'd;<note place="margin">20.</note> the Commande<g ref="char:EOLhyphen"/>ment
does so little regard the true end of fasting, and that fasting so little
advance the use and interest of any vertue, that they spend themselves even
in the circumstances of some circumstances, and little devices of supersti<g ref="char:EOLhyphen"/>tion,
taking care not to eat a turnip if boyl'd in a vessel in which flesh was
put, not to cut their bread with a knife that had carv'd flesh, not to tast it,
but to wash their mouth after a little whey or broath, if by chance it hath
been touch'd: which things because they can serve no end of religion, the
law that requires such things must needs be foolish or superstitious; it
must either play with mens consciences as with a tennis-ball, or intimate
some pollution and unholiness at that time to be in the flesh, or else at least
must pretend to greater strictness then God does in the observation of his
positive laws; and it certainly introduces the greatest tyranny in the world,
destroys peace, and is the most unwarrantable of all the follies which
can be incident to the wiser part of mankind, I mean to them that govern
others.</p>
                           <p>
                              <pb n="310" facs="tcp:58903:466"/>
I will not instance in the ridiculous and superstitious questions which
they make about the keeping of this Ecclesiastical law;<note place="margin">21.</note> as whether it be a
dinner or a supper if we eat after Even-song said at high noon; whether a
mornings draught does break the Ecclesiastical fast; whether a man may
eat a bit of bread with his drink, and yet be a good son of the Church; whe<g ref="char:EOLhyphen"/>ther
a Cook that dresses meat for sick persons may lawfully lick his fin<g ref="char:EOLhyphen"/>gers;
whether he that eats one bit of flesh, sins anew if he eats another;
and whether or no he may not at the same rate eat flesh all the Lent after;
whether the wet nurse may eat flesh, because her baby may have good
milk; whether it be lawful to eat birds and fowls, because they were pro<g ref="char:EOLhyphen"/>duc'd
out of the water: which doughty reason did incourage some to doe it,
of whom <hi>Socrates</hi> speaks,<note place="margin">Lib. 5. hist. cap. 21.</note> and is mention'd by <hi>Peter Comestor</hi> the Master of
the scholastical history. Which questions, if they that make them be in their
wits, and think other men are so too, they must needs believe that the
keeping of Lent is so sacred, so principal a point of religion, so great a ser<g ref="char:EOLhyphen"/>vice
of God in the very letter and body, in the crust and outside of it, that
the observation of it must consist in a mathematical point: it is like the De<g ref="char:EOLhyphen"/>calogue,
the very letters of which are numbred; and if a haire be missing,
religion suffers diminution: and which of all these it be, yet in every one
of them they doe what the Pharisees did and what Christ reprov'd in them,
and therefore forbids in all men, they <hi>teach for doctrines the Commandements
of Men.</hi>
                           </p>
                           <p>6. To return to the particular of the Rule,<note place="margin">22.</note> They make an Ecclesiastical
law, which is of a relative use and nature, to be periodical and perpetual,
which is unreasonable, and may be sometimes unjust, and very often un<g ref="char:EOLhyphen"/>charitable,
and therefore not the fit matter of an Ecclesiastical law. For
this is certainly the greatest deletery of the liberty of Christian Churches,
and a snare to Consciences, and is of it self apt to introduce superstition and
the opinion of direct religion into the discipline.</p>
                           <p>But this is to be understood of such laws which are intended for dis<g ref="char:EOLhyphen"/>cipline,<note place="margin">23.</note>
and are 1. a burden, and 2. of a nature relative to the future, and
3. of an alterable use. For if a law were made that every man at a certain
time of the year should doe a certain discipline to mortify his lust, it were a
foolish law; for the man at that time, it may be, needs it not, or he hath
another remedy, or he is sufficiently contrite for his sins, and does his
penance by internal sorrow, or it may be he cannot at that time mourn,
or it may be the cause is alter'd, or a greater cause intervenes, and <hi>that</hi>
ought to be serv'd, and therefore not <hi>this,</hi> for if you serve both, you tire
obedience, and make religion to be a burden: but which is most of all, a
law of burden if it be perpetual, makes the <hi>willing</hi> to be <hi>slaves,</hi> and tempts
the <hi>unwilling</hi> to be <hi>rebels;</hi> and because it is intended to minister to things
contingent and infinitely alterable, if the law be not so too, it must pass
into an opinion of being a Divine worship and religion, or else into more
then an opinion and imagination of tyranny. Adde to this, that laws of bur<g ref="char:EOLhyphen"/>den
are alwaies against charity, if they be not done in great necessity, or not
effective of a good greater then the evil; and therefore to impose such laws
with a perpetual obligation upon Churches, when it cannot be of perpetual
use, and at all times good, or just at such times <hi>necessary,</hi> is against the equity
&amp; charity of that power which Christ intrusted in the hands of them whom
he made stewards of his houshold, feeders of his flock, and Fathers of his
family.</p>
                           <p>
                              <pb n="311" facs="tcp:58903:466"/>
But if the laws be relative to what is past,<note place="margin">24.</note> and no burden, but mat<g ref="char:EOLhyphen"/>ter
of ease or benefit, or comes from a perpetual cause, or that which is un<g ref="char:EOLhyphen"/>alterable,
then the law may be such which will be perpetually consented
to, and kept for ever. Thus the Catholic Church keeps the Lords day,
not by an everlasting ordinance, but by a perpetual consent, and for a never-failing reason; and that which makes it necessary now to keep that day,
and will doe so for ever, is because the reason of it is always the same; and
in this case that which was fit at first, will be so at last, and all the way:
and things are in that constitution and conjunction, that no man can despise
that day, without being carelesse to return thanks for the resurrection of
Christ, and to separate a just portion of his time to the more solemn ser<g ref="char:EOLhyphen"/>vice
of God. But for all this, this is not a perpetual law impos'd upon
all Churches; for God did not impose it, and no man hath power to doe it;
for no mans power can last longer then his life: and therefore no Bishop can
oblige his successors by any Canon, without the Civil power supervenes and
fixes that law by continuation. And therefore although God did enjoyn
the Jews an annual fast for ever, and although the Rulers of the Jews did
add some more, and they were observed for ever: yet this will not infer that
therefore now this may be done in a law of the Church. For God who is
a law-giver does abide for ever, and therefore his laws are to remain as long
as he please: &amp; the Rulers of the Jews had both the powers, Civil and Ec<g ref="char:EOLhyphen"/>clesiastical,
conjunct, and they by a current legislation still caus'd their fasts
to be observed; but yet the succeeding ages had been at liberty, and the
Sanhedrim might have chang'd those solemn days, but that they were
established by Prophets and by those whom they believ'd to speak the will
of God: all which make their case special, and not to be drawn into ex<g ref="char:EOLhyphen"/>ample
and warranty in the sanction of Ecclesiastical laws in the Christian
Church. * To which let this be added, that the Jews might keep and ob<g ref="char:EOLhyphen"/>serve
a religion of days and meats, and it not being against the analogy of
their manner of serving God, their Rulers had an equal power to make
laws in the difference of days and meats, as in any other matter whatso<g ref="char:EOLhyphen"/>ever.
But the laws of the Church must minister to piety and holinesse, and
to nothing else; and they must be exacted with prudence and charity, and in
no other manner; and they must be obeyed in love and liberty, and by
no other measures: but the day or the meat must ever be the lesse principal
in the constitution; they may be the <hi>circumstances,</hi> but <hi>no part</hi> of the Reli<g ref="char:EOLhyphen"/>gion,
and therefore cannot be perpetual; but just as a Venice glasse may,
that is, if there be nothing to break it, it may abide for many ages, but
every thing that strikes it can break the glasse, &amp; every requisite of reason
or charity can put a period, or take off the necessity of that portion in the
law, which because it must be lesse principally regarded, must accordingly
be imposed and exacted, but cannot be universal and perpetual.</p>
                           <p>The result of these considerations is this;<note place="margin">25.</note> 1. Ecclesiastical laws may be
made by particular Churches, to prevail in their own governments, and to
passe on their own subjects, but may not by one Church be imposed upon
another, much lesse from one to passe upon all.</p>
                           <p>2. Ecclesiastical laws may be made and continued by any authority
so long as that power lasts,<note place="margin">26.</note> and so long as the reason of the law does last:
but it can be no longer a law then it hath influence from the remaining
power who is to establish it according to the remaining usefulnesse.</p>
                           <p>
                              <pb n="312" facs="tcp:58903:467"/>
3. All Ecclesiastical laws in the matter of meats and drinks and days
must be wholly relative to religion,<note place="margin">27.</note> and the effect of graces and proper du<g ref="char:EOLhyphen"/>ties,
and must not at all be imposed with any regard to themselves, but to
the ends of their ministery, and must live and die according to the nature of
Relative beings: but cannot be perpetual, but where neither the cause nor
the subject alters.</p>
                           <p>4. All Ecclesiastical laws must be imposed with liberty:<note place="margin">28.</note> not with li<g ref="char:EOLhyphen"/>berty
of the subjects to obey or not to obey, but with the liberty of the
whole Church, to change them or to continue them, to exact or to relax
them, to bind or to loose, as may best stand with prudence and charity, with
the interests of vertue or the good of the subject.</p>
                           <p>5. Ecclesiastical laws must serve religion,<note place="margin">29.</note> but must never pretend to
be religion or a direct service of God. It is true that all religious laws of
our just superiors rightly imposed in order to any vertue are adopted into
the society of that vertue; as a law of fasting does also enjoyn a duty of
temperance; a law of Christian festivity, in order to our joy in God, and
praising his Name, and paying him thanks, promotes all these graces, and
therefore he that keeps that day to these purposes, besides his obedience,
does an act of all those graces. Yet it is to be observed that the observa<g ref="char:EOLhyphen"/>tion
of these laws can never formally be reckoned to be actions of those
graces; they are but ministeries and instruments, and they not necessary, but
usefull onely: and therefore he that does not observe that day, though it
may be he sins against obedience, yet he is not to be judg'd as if he were
intemperate, or unthankfull, or unmindfull of God's benefits; because
though these appointments are made for the services of these graces, yet
these are not the adequate ministeries of them, they may be done by other
ways at other times, and they may at that time be omitted without any
neglect of such graces. If there be a just cause to omit the observation,
then the omission is neither disobedience, nor intemperance, nor unthank<g ref="char:EOLhyphen"/>fullnesse:
but if there be no just cause, it is disobedience; and may be any
of the other as it happens, but is not certainly so. But though in these re<g ref="char:EOLhyphen"/>spects
to obey an Ecclesiastical law may be a doing an act of vertue toge<g ref="char:EOLhyphen"/>ther
with the obedience, and so a serving of God; yet because it is onely in
regard of the concomitant act of vertue, which is served by the law, if that
law doe not serve that vertue, but by any cause be destitute of it's purpose,
that external action which the law enjoyns is so far from being a service of
God, that if it be urg'd imperiously, or acted for it self, and delighted in
upon the Natural account, it enters into religion, with which it hath nothing
to doe, and so passes into superstition.</p>
                           <p>6. Ecclesiastical laws if by any means they be taught for doctrines
and Commandements of God,<note place="margin">30.</note> they become unlawfull in the imposition,
though the actions of themselves be lawfull; that is, they are unlawfull
laws, and doe not bind the Conscience, for they are such things in which no
man can have authority, for they are a direct destruction to Christian liber<g ref="char:EOLhyphen"/>ty,
which no man ought to take from us. If they once pretend to a ne<g ref="char:EOLhyphen"/>cessity
besides the equal necessity of obedience, they doe not oblige the sub<g ref="char:EOLhyphen"/>jects
of any government; but if they pretend to a necessity of obedience,
they doe not oblige any Churches besides that whose Governours have
made the law.</p>
                        </div>
                     </div>
                     <div n="18" type="rule">
                        <pb n="313" facs="tcp:58903:467"/>
                        <head>RULE XVIII. Ecclesiastical laws of Ceremonies and circumstances
of external observances doe not bind the consci<g ref="char:EOLhyphen"/>ence
beyond the cases of Contempt and Scandal.</head>
                        <p>THat is they bind onely in publick,<note place="margin">1.</note> and not in private; they bind not for
any thing that is in themselves, but for something that is better then
themselves; they bind, not for our own sakes, but for their sakes that look
on: and therefore when no body looks on, when they have no end to serve,
when they doe no good, when they signify nothing, they cannot bind at all;
for whatsoever binds onely for this reason, does not bind at all when this
reason is not. The Church of <hi>England</hi> commands that when the Priest
says the Responsory after the Creed at Morning or Evening Prayer, he shall
stand up: the purpose of it is, that the people who are concerned to answer
may the better hear: but if the prayers be said in private, none being by,
or it may be two or three that kneel near him, it is ridiculous to suppose
that the Priest sins if he kneels on to the end of those ejaculations. In
some cases he that officiates is bound to turn his face to the West, or to
the body of the Church; but if there be no body in the Church, but the
Clerk at his side, why he should doe so, there is no reason to be given,
and therefore it cannot be supposed to be bound upon him by the law of
the Church.</p>
                        <p>For it is highly considerable,<note place="margin">2.</note> that in these laws of Ceremonies it is o<g ref="char:EOLhyphen"/>therwise
then in laws which concern the matter and instances of Divine
Commandements. Because the laws of Common-wealths can change
actions of themselves indifferent into the order of vertue and vice, if they
be of the same matter and naturally capable: as when Incest is defin'd to be a
forbidden conjunction of persons too near in bloud, the law by forbidding
the marriage of Uncle and Neece for that reason, can make that to be in<g ref="char:EOLhyphen"/>cest:
and killing can by the law be made murder when it is forbidden, or
not to be murder when it is justly commanded. Thus if there be a law
made that corn or gold-lace shall be sold at a certain price, the law which is
the measure of justice in contracts makes that price to be the instance of
justice, and what exceeds it to be unjust, if it be a just law. Because these
actions lying next to the instances of the Divine Commandement, and
plac'd there as outer guards to Gods Law, and being naturally the same
actions, when the prohibition comes from a just authority, then it is made
to be <hi>a sin</hi> by the law, and <hi>that sin</hi> by the nature and participation of the
same reason. For he that kills his adulterous daughter where it is permit<g ref="char:EOLhyphen"/>ted,
does doe the natural act of killing as much as he that kills his Father;
but where there is no law against it, but by law she is sentenc'd to death, and
that without solennities, there is no <gap reason="foreign">
                              <desc>〈 in non-Latin alphabet 〉</desc>
                           </gap>, and therefore no <gap reason="foreign">
                              <desc>〈 in non-Latin alphabet 〉</desc>
                           </gap> it
is not a sin unlesse it be the transgression of a law. So that the natural ca<g ref="char:EOLhyphen"/>pacity
and the supervening law together make up the action to be such a
sin. But now this thing can never be in Ecclesiastical laws of ceremonies
and rules of order: for they are not in their matter and in their own nature
<pb n="314" facs="tcp:58903:468"/>
like to religion or next to it; and nothing can be religion but that service
which God hath chosen of himself, and that which is naturally and inter<g ref="char:EOLhyphen"/>nally
so, as glorification of God, loving him, obeying him, praying to him,
believing him, and such other inward actions which are taught to us by our
natural reason and our prime notices of God. But external actions and
ministeries are then capable of being made <hi>religion</hi> when God appoints
them, and not else, because God will be worshipped externally as he is
pleas'd to appoint,<note place="margin">Contra Cel<g ref="char:EOLhyphen"/>sum lib. 7.</note> according to that saying of <hi>Origen, Nemo qui oculis
animae cernit, alio modo Deum colit quam sicut ipse docuit, That man is
blind in his reason, that will worship God otherwise then he himself hath
taught.</hi>
                        </p>
                        <p>* This onely,<note place="margin">3.</note> The Church can adopt actions into religion which
God hath made ready, and which he hath prepar'd and fitted for religion;
such as are free-will-offerings and Counsels Evangelical: for when any man
does chuse to doe any act which God hath recommended and not injoyn'd,
this is religion; but this is onely in such things which are real graces ap<g ref="char:EOLhyphen"/>pointed
by the Divine law, and the instance onely is left undetermin'd: and
how far the Church can command any of these things, I shall afterwards
inquire; but for the present, these things can pass into religion, because God
hath so prepar'd them.</p>
                        <p>But 2<hi rend="sup">dly</hi>,<note place="margin">4.</note> external observances can become religion, if they be the out<g ref="char:EOLhyphen"/>ward
act of an inward grace; as giving money to the poor, worshipping
God with the body; that is, when they naturally express what is conceived
and acted within, not when they come from without: a commandement
of man may make these actions to be obedience, but they are made religion
by the grace within, or not at all. Thus fasting can be an act of religion,
when it is naturally consequent to penitential sorrow, and the hatred of sin:
but when it is injoyn'd by men, then it is but an instrument, and may be
separate from all religion, and may be no act of repentance, and can be
made to be religion by no man but by the nature of the thing.</p>
                        <p>But 3<hi rend="sup">d•y</hi>,<note place="margin">5.</note> Ceremonies and rituals and gestures and manners of doing
outward actions cannot be made to be any thing but obedience: they are
neither fitted by God, as Counsels Evangelical are, nor yet by nature, as the
outward actions of vertue are, to become religion; nay they are separated
from being religion by the word of God, by the coming of Christ, by
his death upon the Cross; and daies and meats and drinks, and carnal
purities,<note place="margin">Coloss. 2.</note> and external observances are now both by God and by nature
remov'd far from being any thing of the <hi>Christian,</hi> that is, of the <hi>Spiritual
religion.</hi>
                        </p>
                        <p>The consequent of these things is this,<note place="margin">6.</note> When a law is made, it binds
either by the natural goodness of the thing, or by the order and usefulness
of it's ministery to something else, or onely by the authority. Ceremonies
cannot be of the first sort, but of the second they may, and then they oblige
only so long as they can minister to the end of their designation, but no
longer. For if that be the onely reason of their obliging, then they oblige
not when that reason is away. Now because they are onely made for order
and decency, both which are relative terms, and suppose an action done in
public, there is no need, no use of them in private. But because even
<pb n="315" facs="tcp:58903:468"/>
after the reason ceases, the authority hath reasons of it's own to be regar<g ref="char:EOLhyphen"/>ded,
and things that are not binding by their absolute or relative nature,
may yet bind by the authority and for the reverence of that, till there be
opportunity to annul the law, therefore when the reason of the ceremony
does cease, or is useless and operates not at all, we must yet regard the
authority, that is, doe it honour, as <hi>Samuel</hi> did to <hi>Saul.</hi> If the thing it self
be of an intrinsick goodness, though made necessary onely by the positive
command, then it is to be done for it self, and in private as well as publick:
* but if it be onely a relative ministery, then it hath no reason beyond that
relation; and if that relation be publick, it binds onely in publick: * but
if it be onely matter of obedience, and have no reason else either absolute or
relative, then the law does not bind the Conscience, but even then we are
bound so to comport our selves that the authority may not be despis'd nor
offended; that is, she is not to be slighted or reproach'd, nor publickly dis<g ref="char:EOLhyphen"/>regarded;
though for the obedience it self in this case there is no absolute
obligation, but the not-obeying is to be conducted humbly, inoffensively,
prudently and regardfully. The reason of these things is this, because the
Church makes no absolute laws; she makes them for good ends, and be<g ref="char:EOLhyphen"/>yond
that she hath no authority: her legislative is wholly a ministery of
grace and godliness, not of empire and dominion. For the difference is
this, Civil laws oblige in publick and in private, for reason and for Em<g ref="char:EOLhyphen"/>pire,
when the cause ceases, and when it remains, when the breach is scan<g ref="char:EOLhyphen"/>dalous,
and when it is not scandalous: But the Canons of the Church ob<g ref="char:EOLhyphen"/>lige
onely for their reason and religion, for edification and for charity, when
the thing is useful to others or good in it self; but the authority it self
being wholly for these purposes, is a ministery of religion, but hath in it
nothing of Empire, and therefore does not oblige for it self and by it self,
but for the doing good, and for the avoiding evil: and this is that which
is meant by the cases of contempt and scandal.</p>
                        <p>These are the negative measures of ECCLESIASTICAL laws.
The positive measures are these.</p>
                     </div>
                     <div n="19" type="rule">
                        <head>RULE XIX. Ecclesiastical laws must be charitable and easy, and
when they are not, they oblige not.</head>
                        <p>WHen Ecclesiastical laws were conducted and made by the Spiritual
power,<note place="margin">1.</note> the Bishops, Rulers of Churches, before the Civil power
was Christian, their laws were either Commandements of essential duty,
or of that which was next to it and necessary for it, or else they were in<g ref="char:EOLhyphen"/>dicted
to a voluntary people, and therefore to be presumed easy and gen<g ref="char:EOLhyphen"/>tle,
charitable and useful, or it is not to be thought the people would have
been willing long to bear them. But when the Civil power was the Eccle<g ref="char:EOLhyphen"/>siastical
Ruler, and the Common-wealth became a Church, the Spiritual
sword was put into a temporal scabbard, and the Canons Ecclesiastical be<g ref="char:EOLhyphen"/>came
civil laws, though in their matter religious, and in their original they
were Ecclesiastical. Now if the laws be established by the civil power,
they must indeed be just and good; but yet if they be laws of burden, and
<pb n="316" facs="tcp:58903:469"/>
contain a load that is supportable,<note place="margin">L. Prospicit. ff. qui &amp; à quibus.</note> they are to be obeyed. <hi>Quod quidem
perquam durum est, sed ita lex scripta est,</hi> said <hi>Ulpian;</hi> the case is hard,
but so the law is written: meaning that though it be hard, yet the law is
to be obeyed so long as it is just. But when the Ecclesiastical law is in<g ref="char:EOLhyphen"/>dicted
by the spiritual power, the civil power onely consenting and esta<g ref="char:EOLhyphen"/>blishing
the indicted Canon, that corroboration addes no other band to the
Canon then that it be obeyed according to the intention of the spiritual
power, onely so it becomes a law indeed, but it is a law onely as the Church
can intend a law, or desire it to be impos'd; that is, what the Church
might reasonably perswade, and fitly enjoyn, that so much and no more,
in that manner and no other, the Civil power does corroborate it. For the
Ecclesiastical Canon put into the hands of the civil power and made into a
law, is like the twig of an apple-tree grafted into the stock of a thorn; it
changes not the nature of it, but is still an apple: so is the Canon, still it
is but an injunction of the Church, though the Church be enabled tempo<g ref="char:EOLhyphen"/>rally
to chastise the rebellious; but still the twig that is so ingrafted must
retain it's own nature, and must be no sowrer then if it grew upon it's own
stock; it must be such as is fit to be perswaded, such which men can be
willing to, and easy under, and of which they shall have no cause to com<g ref="char:EOLhyphen"/>plain:
for since the Church in these things hath no power but to exhort
and to perswade, and therefore can injoyn nothing but what can be reaso<g ref="char:EOLhyphen"/>nably
perswaded; she must not by the aid of the temporal power injoyn
those things which are cruel and vexatious, and such to which no argument
but fear can make the subject willing. The Church when she hath tempo<g ref="char:EOLhyphen"/>ral
possessions, alwaies is a good Land-lady, and when she makes judgments
she meddles not with bloud, but gives the gentlest sentences, and when she
is admitted to a legislative, she enjoyns a <gap reason="foreign">
                              <desc>〈 in non-Latin alphabet 〉</desc>
                           </gap> an easy, a gentle
yoke, and when she does not, the subject is concerned to avoid the temporall
evil threatned by the civil power; but not to give obedience to the into<g ref="char:EOLhyphen"/>lerable
law of the Church, as in that capacity: for unless the law of the
Church be such that good men may willingly obey it, it cannot be injoyned
by the Church, and the Church ought not to desire the civil power to doe it
for her: For since she hath no power to command in such things where the
Divine authority does not intervene, all the rest is but perswasion; and he
that hath power onely to perswade, cannot be supposed to perswade against
our will: and therefore matters of intolerable burden are not the matter
of Ecclesiastical laws, because they certainly are against the will of all men,
who can serve God and goe to heaven without them.</p>
                        <p>Not that it is permitted to any man as he please to obey or not to
obey the Ecclesiastical laws;<note place="margin">2.</note> nor that the spiritual authority so depends
upon the consent of every subject, that he is at his choice whether he will
keep it or no: but that he is to obey willingly; that is, that no more be im<g ref="char:EOLhyphen"/>posed
then what he may be willing to, and then that he be not disobedient,
when if he were not peevish, he ought to be willing. For this is all that share
of Christian liberty which under his just superiors every single subject can
enjoy; he may not break the law when he please, but when he cannot keep
it; not when he is not in the humour, but when he is not in capacity;
not because he will, but because without great evil he cannot.</p>
                        <p>I shall give an instance in the Ecclesiastical laws of fasting,<note place="margin">3.</note> and by an
inquiry into their obligation sta<gap reason="illegible" resp="#TECH" extent="1 letter">
                              <desc>•</desc>
                           </gap>e the sense and intention of this Rule.</p>
                        <div type="part">
                           <pb n="317" facs="tcp:58903:469"/>
                           <head>What persons are tied to the observation of Ecclesiastical
Fasts, and in what cases.</head>
                           <p>To the solution of which question,<note place="margin">4.</note> first we are to consider to what end
the Church enjoyns her Fast. For whoever is involved in that end is also
concerned in the law, ordinarily and regularly. Thus if a Fast be onely in<g ref="char:EOLhyphen"/>dicted
to suppress incontinence, they who have no temptation to it, or have
a sufficient remedy by which they please God, are not bound by that law,
but in the cases of scandal and contempt. Fasting-spittle kils a Serpent
(saies <hi>Pierius;</hi>)<note place="margin">Lib. 14. Hier.</note> but if a man have a rod in his hand that will doe it sooner,
that law would be fantastical that should command him to stay till he could
kill the snake with his fasting-spittle. * But if the Church intends many
good ends in the Canon, any one is sufficient to tye the law upon the
Conscience, because for that one good end it can be serviceable to the
Soul: and indeed fasting is of that nature that it can be a ministery of re<g ref="char:EOLhyphen"/>pentance
by the affliction, and it can be a help to prayer, by taking off the
loads of flesh and a full stomach, and it can be aptly ministerial to contem<g ref="char:EOLhyphen"/>plation;
and if fasting were onely for mortification of lustful appetites, then
a virgin might not safely fast in publick, lest she fall into the suspicion of
incontinence, or be expos'd to the bolder sollicitations of the yong men.
Now because every one is concerned in some one or more of these ends of
fasting, all people are included within the circles of the law, unless by some
other means they be exempted.</p>
                           <p>But they are exempted from it who are sick and weak,<note place="margin">5.</note> spent with
labour, or apt to be made sick, or hindred in their imployment: <hi>Nisi quem
infirmitas impedierit,</hi>
                              <note place="margin">C. quadragesi<g ref="char:EOLhyphen"/>ma. de consecr. dist. 5. &amp; cap. 2. §. cum autem de observ. jejun.</note> saies the Canon law; all are bound to keep fasting
daies but such who are hindred by infirmity,
<q>
                                 <l>—seu</l>
                                 <l>Dura valetudo inciderit, seu tarda senectus,</l>
                              </q>
any bodily infirmity, whether of age or sickness, weakness or disease. Con<g ref="char:EOLhyphen"/>cerning
which, if the infirmity be evident, there is no question, for the
law does except such persons in the very sanction, or publick and authen<g ref="char:EOLhyphen"/>tick
interpretations, and common usages. Women with child, children and
old persons, the sick and the traveller, the weary and the weak, the hard
student and the hard labourer, the poor man and the beggar, these are
persons which need not ask leave, for the law intends not to bind them.
Now those that are but probably so, that is, not well, apt to be sick,
suspected with child, not very weary, these also are within the power of
having leave given them, that is, capable of dispensation; that is, it may
be declared that the law intends not to bind them at all in such cases. So
that upon this account none are bound but the lusty and the lazy, the
strong and the unimployed.</p>
                           <p>Now in these things there is no other certaintie but what is set down
in the laws of every Church respectively,<note place="margin">6.</note> save only this, that in all Chur<g ref="char:EOLhyphen"/>ches
where such laws are us'd, they are ever expounded by the measures
of great Charitie and Remission, excepting in such places where they place
Religion in external observances; and yet there also they pretend great
gentleness when they are charg'd with want of it by their adversaries, as is
to be seen in <hi>Albericus Pius</hi> his Lucubrations against <hi>Erasmus.</hi>
                           </p>
                           <p>
                              <pb n="318" facs="tcp:58903:470"/>
But I consider that the laws of fasting are therefore very sparingly
to be imposed,<note place="margin">7.</note> when there are so many causes of being excus'd; and not at
all but upon great occasions, and particular emergencies: and when they
are, the injunction is to be so made, as fewest may be excus'd, and none
may desire it but those who cannot help it: and the evil of the contrary
is very visible and apparent in the fierce and decretory injunctions of the
long Lenten fast, the burden of which is so great, that they who doe not
think it religion, or a law of God, or a part of the Divine worship, use all
the arts they can to be eased of the load, cosening the law, and easing
themselves, and studying a new Cookery, and destroying the end of the law
by keeping the letter, and buying dispensations, and complaining of the
burden, and being troubled when it comes, and glad when it is over. A law
of fasting is very imprudent and very uncharitable when it becomes, like
<hi>Rehoboam</hi>'s thigh, too big and too heavy for all the people: and what good
is done by such fasting, that could not with more ease and more charity be
acquired by other instruments or a better conduct of this?<note place="margin">Lib. 1. Fast.</note> 
                              <hi>Mantuan</hi> com<g ref="char:EOLhyphen"/>plain'd
with great sorrow and great reason in this particular.
<q>
                                 <l>Adjungunt etiam primi jejunia veris;</l>
                                 <l>Quae nisi sint servata, volunt nos ire sub orcum.</l>
                                 <l>Aspice quam duris, aiunt, fraenata capistris</l>
                                 <l>Gens electa fuit. Lex Christi aeterna, nec unquam</l>
                                 <l>Cessatura, sinus (dicunt) sine tendat in amplos,</l>
                                 <l>Ut sit conveniens, habilísque, &amp; idonea toti</l>
                                 <l>Humano generi, non importuna senectae,</l>
                                 <l>Non onerosa inopi, non importabilis aegro.</l>
                              </q>
The laws of religion should be, like the yoke of Christ, light and easy, fitted
to the infirmities and capacities of all men; for let them be never so easy
and delightfull, we shall be too much tempted to neglect them, though the
laws themselves be no temptation to disobedience.</p>
                           <p>This is certain,<note place="margin">8.</note> that in a law of so great burden in it self, and so se<g ref="char:EOLhyphen"/>verely
imposed, and so fiercely punished, and so religiously accounted of,
and so superstitiously conducted, the conscience is so certainly made rest<g ref="char:EOLhyphen"/>lesse
by the scruples of the conscientious persons, the arts of the crafty,
the ignorance of the over-busy, and the witty nothings of the idly-imploy<g ref="char:EOLhyphen"/>ed,
that the good which accidentally may be brought to some by it cannot
pay for the many evils which it regularly produces in others: and that law
of fasting can never be so good as the peace which it disturbs. For if you
pretend your youth as a just excuse from the law of Lent, you shall be told,
that the Fast consists in the quality of the meat, and in the singlenesse of
the meal, and in the time of taking it; and that though you are excused
from eating fish or pulse, yet you must eat but once; or if you doe eat at
night, yet you must not eat in the morning; or if you doe, yet you are to
be advised how much can be called a meal. And then you are not sure whe<g ref="char:EOLhyphen"/>ther
you are to fast at the beginning, or not till the consummation of your
fourteenth year: and when that is out, if the understanding be so little as
not to understand what and why and how, you fast to no purpose; and if
sooner you doe understand, it may be you are obliged in conscience, though
not punishable by law. * If you be old, yet some old men are lusty and
strong; and the Church does not intend that the age alone, but that the in<g ref="char:EOLhyphen"/>firmity
should excuse: and because this infirmity is divisible, it is not every
infirmity that will doe it; and it may be you are an easy and too gentle a
<pb n="319" facs="tcp:58903:470"/>
judge in your own case; therefore you must ask; and who shall tell you?
<hi>Cajetan</hi> and <hi>Navarre, Filliucius</hi> and <hi>Gregory Sayr, Diana</hi> and <hi>Azorius</hi> under<g ref="char:EOLhyphen"/>stand
no physic; and they can tell you something in general of the law, but
nothing absolutely in your case: if you will, be at the charge and goe to a
Physician: for it may be if you live in the Country, you have a learned
man within ten or twenty miles, or it may be fourty, and upon all occasi<g ref="char:EOLhyphen"/>ons
you may know of him whether your case requires ease; or it may be it
<gap reason="illegible" resp="#TECH" extent="1 letter">
                                 <desc>•</desc>
                              </gap>equires leave this day, but you cannot have your answer so soon, and the
case will alter by to morrow;<note place="margin">lib. 1. Aphor. 13.</note> and <hi>Hippocrates</hi> said, that <hi>senes facillimè fe<g ref="char:EOLhyphen"/>runt
jejunium,</hi> old men bear fasting better then yong men: and though
<hi>Cardan</hi> hath upon that Aphorisme spoken according to his usual manner
many ingenious things, yet whether you will put your Conscience upon him
or no is a material consideration. * But then if you be sick, you must know
whether fasting can consist with your condition: for not every sicknesse can
excuse you from the holy fast of Lent; or if you may not eat fish, yet you
may be oblig'd to the single refection, or to the time. But that which is of
material consideration is, that though you be not well, yet it may be your
fasting will doe you no great hurt, and if it be but little, it must not be stood
upon; for fasting is intended to be an affliction of the body, and therefore
you must not be too hasty to snatch at ease and liberty. But however, if
you will inquire of learned men, you may have from the Physicians some
twenty or thirty rules by which you may guesse when and in what diseases
you are excus'd from the quality of the diet, when you are dispensed in the
time, when in the frequency, when you must exchange one for the other:
and to this purpose you may inform your Conscience by reading<note n="a" place="margin">de Victus <gap reason="illegible" resp="#TECH" extent="1 word">
                                    <desc>〈◊〉</desc>
                                 </gap> in acut.</note> 
                              <hi>Vallesius,
Cardan, Hollerius, Zacutus Lusitanus, Paulus Zacchias,</hi>
                              <note n="b" place="margin">in Specim. m<gap reason="illegible" resp="#TECH" extent="1 letter">
                                    <desc>•</desc>
                                 </gap>d. Christ. lumin. 2.</note> 
                              <hi>Alphonsus à Fontech,</hi>
                              <note n="c" place="margin">lib. 1. Var. lect. c. 18.</note> 
                              <hi>Cognatus,</hi>
                              <note n="d" place="margin">libell. de Esu carnium.</note> 
                              <hi>Arnoldus de Villanova,</hi>
                              <note n="e" place="margin">Comm. in Isaac de di<gap reason="illegible" resp="#TECH" extent="2 letters">
                                    <desc>••</desc>
                                 </gap>a particul.</note> 
                              <hi>Petrus Hispanus</hi> and his Author <hi>Isaac;</hi>
and if you can find them agree, and that your case is describ'd, and their
rules be rightly applied, and the particulars be well weighed, and the judge<g ref="char:EOLhyphen"/>ment
not byass'd by ease and fear and too great a care of your health, you
might doe well, if it were not for one thing; and that is, that Physicians
are not to be trusted, for they will speak excellent reason for the securing
of your health, but they think they are not to answer concerning the state
of your soul; and therefore they leane too much upon the wrong hand for
your satisfaction, especially because Lent falls in the spring aequ<gap reason="illegible" resp="#TECH" extent="1 letter">
                                 <desc>•</desc>
                              </gap>nox, in which
we are very apt to sicknesses. * But then if we pretend to be excus'd by
reason of labour and travel, every man must judge for himself: and yet
there are in this a great many things to be consider'd; for it must be a con<g ref="char:EOLhyphen"/>siderable
diminution of our strength, and a great inanition of spirits that
can dispense with us in this so great a law: but how great that must be, if
we be judges, we shall be too favourable; if others judge, they cannot tell;
and if we fear to be too gentle to our selves, we may be too rigorous, and
by the laws of fasting break the laws of charity. But then it may be our
labour is to come, and it will be necessary that we lay in stowage before<g ref="char:EOLhyphen"/>hand,
lest we faint by the way. And it is a great labour for a man to hunt
all day, or to manage the great horse,
<q>
                                 <l>—leporem sectatus, equóque</l>
                                 <l>Lassus ab indomito: vel si Romana fatigat<note place="margin">Horat. serm. lib. 2. Sat. 2.</note>
                                 </l>
                                 <l>Militia assuetum Graecari, seu pila velox</l>
                                 <l>Molliter austerum studio fallente laborem.</l>
                              </q>
A little thing will weary a soft person, and a long sport will tire a strong
man: and my not these put in their plea for a pleasant or an early meal? for
<pb n="321" facs="tcp:58903:471"/>
hungry men will plead hard. And the labour of the mind is also a great
wearinesse to the bones; and who shall tell me how long I must study before
I may be allowed not to keep the punctualities of Lent? for the thinking
man must be fed tenderly and furnished with finer spirits. But then who
shall come into this licence is worth inquiring; whether not onely the hard
Student, but the Preacher that speaks long, and thinks little; whether
School-Masters, Advocates, Orators, Judges, for every one would be glad
of a little liberty: and if the bodily labourer shall be excused, whether all
trades that sit long, and work easily, as Shoomakers, Tailers, Glovers,
Book-binders may pretend to an exemption; for though <hi>Azorius</hi> is so kind
as to except most of these, yet others doe not. And what shall the poor
man doe? his rule is commonly to eat when he can get it; and if he be at a
friends house must he refuse to eat, because it is not his time? or must he
starve, because there is nothing but flesh?
<q>Unde fames homini vetitorum tanta ciborum est?</q>
Certainly he can hardly be tied to the measures and rules of eating Eccle<g ref="char:EOLhyphen"/>siastically,
that every day is in dispute whether he shall or shall not have
something that he may eat naturally. But yet he is to inquire whether he
be tied on those days to fast when he can be provided for: and it would also
be known whether a poor man is not tied to refuse flesh and require fish
where it can be had; and whether he is not bound first to spend the frag<g ref="char:EOLhyphen"/>ments
of his fish-basket before his bits of flesh, and keep them onely for
necessity; and whether he may be secretly pleas'd that he hath that necessi<g ref="char:EOLhyphen"/>ty
put upon him that he hath flesh but no fish. There are also some hun<g ref="char:EOLhyphen"/>dreds
of questions more that might be consider'd; some are pleasant cases
and some are sowre, some can be determined and some cannot. But the
great case of Conscience in this whole affaire is, What great good that is
which this law of Lent thus conducted can effect, which can no other ways
be effected, and which can be greater then the infinite numbers of sin, and
doubtings, and scruples, and fears, and troubles, and vexations, and sick<g ref="char:EOLhyphen"/>nesses,
and peevishnesse, and murmur, and complaints, and laborious arts of
excuse, and cheating the law, and slavery, and tyranny, occasion'd and ef<g ref="char:EOLhyphen"/>fected
by it.</p>
                           <p>For although fasting is not onely an excellent ministery to some parts
of religion,<note place="margin">9.</note> but of health also,
<q>
                                 <l>Accipe nunc victûs tenuis quae,<note place="margin">Horat. Serm. l. 2. sat. 2.</note> quantaque secum</l>
                                 <l>Afferat: imprimis, vale as bene—</l>
                              </q>
yet all the world knows that long fasting is the most destructive thing in
the world to our bodies, and breeds diseases sharper and more incurable
then fullnesse and intemperance; and therefore the Canon law<note n="*" place="margin">C. non dico. &amp;c. non me<g ref="char:EOLhyphen"/>
                                 <gap reason="illegible" resp="#TECH" extent="2 letters">
                                    <desc>••</desc>
                                 </gap>ocriter. de cons<gap reason="illegible" resp="#TECH" extent="2 letters">
                                    <desc>••</desc>
                                 </gap>cer. dist. 5.</note> forbids a
fast of two or three days, and a fast beyond our strength. Therefore it is
certain that the Church cannot command a long fast: and therefore in the
beginning of the custome of Lent it was but a fast of one day, or two at
most, eating at night. And although this fast was then a fast of liberty,
and permitted to every ones choice; yet it might be enjoyn'd in every Go<g ref="char:EOLhyphen"/>vernment,
according to the fore-described measures. But that in stead of a
fast, the Church should prescribe a diet, an ill diet, not onely unpleasant,
but unwholesome, and that with so much severity, and with so much danger,
and so many snares, is no exercise of that power which Christ hath given
her, but of that power which is usurp'd, ill gotten and worse administred.
It is against the law of charity, and therefore ought not to be a law of the
<pb n="321" facs="tcp:58903:471"/>
Church; that men be tied for forty days together to keep from their usual
diet, not to be temperate, but to be vex'd and rul'd, this I say is uncharita<g ref="char:EOLhyphen"/>ble,
and therefore unlawfull.
<q>
                                 <l>Hoc hic quidem homines tam brevem vitam colunt,<note place="margin">Pseudol. Act. 3. Scen. 2.</note>
                                 </l>
                                 <l>Quum hasce herbas hujusmodi in suam alvum congerunt,</l>
                                 <l>Formidolosas dictu, non esu modo:</l>
                                 <l>Quas herbas pecudes non edunt, homines edunt.</l>
                              </q>
As the Cook in the Comedy complain'd, eating herbs and ill diet makes
men to live such short lives. And what interest of religion is serv'd by
eating fish and nettle pottage, is not obvious to him that hath tried it, or
can consider it:
<q>Thestylis hanc nimio pultem sale fecit amaram;<note place="margin">Mantuan.</note>
                              </q>
Death and sicknesse is in this pot. And I remember to have heard a Frier,
none of the meanest of his Order, say, that he never kept Lent for a long time
together, but at Easter he had a great fit of sicknesse: and therefore as the
Canonists say that a future labour &amp; wearinesse may legitimate the breach of
the strict measures of the law as well as if it be actual &amp; present; so may the
fear of sicknesse as well take off the obligation as when it is present: and of
this, every man that is not of an athletic health hath reason to be afraid.</p>
                           <p>But that which relates also very much to the law,<note place="margin">10.</note> though not so much
to us, is this, that all this trouble is for little or no good: if there be any
good in it, it is relative, and transient, and contingent, and inconsiderable,
and without hazard otherwise to be acquired. For though fools and poor
folks are sometimes press'd with the evils of such a change of diet, yet the
witty and the rich can change all that law into the arts and instruments of
pleasure. For the greatest feasts and the greatest Epicurismes use to be in
fish. So he in the Comedy,<note place="margin">Mostell. Act. 3. Scen. 2.</note>
                              <q>
                                 <l>Musicè herclè agitis aetatem, ita ut vos decet:</l>
                                 <l>Vino &amp; victu, piscatu probo, electili</l>
                                 <l>Vitam colitis;</l>
                              </q>
Wine and choice fish make music at the Table.<note place="margin">Casina, Act. 2. Scen. 8.</note>
                              <q>
                                 <l>Nam in re praesenti, ex copia piscaria</l>
                                 <l>Consulere licebit.</l>
                              </q>
They are forbid no sorts, no quantity, no delicacies of fish or wine. And if
this be objected to them, they answer, that fish is lesse pleasant, lesse nu<g ref="char:EOLhyphen"/>tritive
then flesh, and therefore wisely chosen by the Church to be the en<g ref="char:EOLhyphen"/>tertainments
of our Lenten table: but if you object, that fish is therefore
not to be eaten because it is unwholsome, breeds ill juices, and afflicts the
body;<note n="*" place="margin">Vide Paul. Zacchiae Quae. medico-legal. lib. 5. tit. 1. quaest. 2. Lib. 2. de Con<g ref="char:EOLhyphen"/>viv. cap. 25. vide Athenaeu<g ref="char:cmbAbbrStroke">̄</g> lib. 1. Deip. cap. 25.</note> they answer, that we are mistaken; that fish is a delicacy; that
<hi>Alexander</hi> the great was so delighted with little fishes, that he would send
them for presents to his dearest friends; that <hi>Suetonius</hi> tells the same of
<hi>Augustus Caesar;</hi> that <hi>Bullinger</hi> tells that the <hi>Rhodians</hi> esteem'd them<g ref="char:punc">▪</g> that
lov'd and liv'd much upon fish to be gentlemen and well bred, and all
others clowns and of a rude palate; that <hi>Julius Caesar</hi> at one triumphal
feast entertain'd his guests with 8000 lampryes; that the great feast which
<hi>Metellus</hi> made, &amp; which we find describ'd in<note n="*" place="margin">lib. 3. Saturnal. cap. 13</note> 
                              <hi>Macrobius,</hi> was especially made
costly and <hi>delicious</hi> with the fish there presented.
<q>—quo pertinet ergo Proceros odisse lupos?</q>
He therefore that objects against the severity and affliction of the Lenten
diet, knows not the arts of feasting; and complains of the Church for a
step-mother, when she is not onely kind, but fond also in making such pro<g ref="char:EOLhyphen"/>visions.
<pb n="322" facs="tcp:58903:472"/>
But if fish be un wholesome, then eat herbs, but at no hand
flesh.
<q>
                                 <l>Parcite mortales dapibus temerare nefandis</l>
                                 <l>Corpora:<note place="margin">15. Metamorph.</note> sunt fruges, sunt deducentia ramos</l>
                                 <l>Pondere poma suo, tumidaeque in vitibus uvae.</l>
                                 <l>Sunt herbae dulces, sunt quae mitescere flammâ</l>
                                 <l>Mollirique queant; nec vobis lacteus humor</l>
                                 <l>Eripitur, nec mella thymi redolentia flore.</l>
                                 <l>Prodiga divitias alimentaque mitia tellus</l>
                                 <l>Suggerit, atque epulas sine caede &amp; sanguine praebet.</l>
                                 <l>Carne ferae sedant jejunia.—</l>
                              </q>
For lions and wolves, tigres and bears eat flesh; but God hath provided
great variety of other things besides flesh. In some places milk is permit<g ref="char:EOLhyphen"/>ted,
in all, herbs and fruits and broaths: and these are agreeable to a weak
stomack; according to that of S. <hi>Paul, Qui infirmus est, olus manducat, He
that is weak eateth herbs;</hi>
                              <note place="margin">de Re cibar. lib. 8. cap. 1.</note> it is the argument of <hi>Bruyerinus.</hi>
                           </p>
                           <p>But I shall make a better use of it if I shall observe that S.<note place="margin">11.</note> 
                              <hi>Paul</hi> gives
it as a note of infirmity, when Christians upon pretences and little argu<g ref="char:EOLhyphen"/>ments
shall not dare to eat flesh, but in stead of them eat herbs; they are
weak in faith that doe it, and doe not consider that flesh can as well be san<g ref="char:EOLhyphen"/>ctified
by the word of God and prayer, as lettice and asparagus: and that
a little flesh and course and common, will better serve the end of fasting, and
that fasting better serve the end of religion, then variety of fish, and a belly
fill'd with fruits and wind and superstition. All or any thing of this may
be done in discipline, and with liberty: but because it may be unfit for so
very many, and for all at some time, and may produce much evil, and hath
in it no more good then to give us cause to say that it may be us'd, it is a
very unfit thing to become the matter of an Ecclesiastical law, a trouble and
danger to the body, and a great snare to the conscience, which it may in<g ref="char:EOLhyphen"/>tangle,
but it can never cleanse:
<q>
                                 <l>—pinguem vitiis albumque nec Ostrea,<note place="margin">Horat. ubi supr<gap reason="illegible" resp="#TECH" extent="2 letters">
                                          <desc>••</desc>
                                       </gap>.</note>
                                 </l>
                                 <l>Nec Scarus, aut poterit peregrina juvare Lagois.</l>
                              </q>
To eat fish or herbs, are of so little use in religion, they are so trifling an
exercise of the body by restraining the appetite, that besides that all <hi>bodily
exercise profiteth but little,</hi> this is so little of that, as it is conducted, and as
it is even in the very permissions of the law, that it is not worth all this dis<g ref="char:EOLhyphen"/>course
about it; onely to rescue the conscience from such snares and little
intanglements is of great concernment. * Fasting is very good to some
purposes, at some times, and to some persons: but laws regard that <hi>quod
plerumque est,</hi> and therefore in the matter of a periodical and long continu<g ref="char:EOLhyphen"/>ed
fast cannot but be uncharitable and unreasonable: and therefore when
there is cause for such injunctions, they are to be press'd with argument and
exhortation, not by Empire and necessity. For supposing the law otherwise
without objection, yet he that fasts against his will, does not serve God;
and therefore externally to be forc'd to doe it, is not a lawfull exercise of an
Ecclesiastical power.</p>
                           <p>This summe is this.<note place="margin">12.</note> If it be the fast of one day, it may be indicted
by our lawfull superior, with the measures of prudence and charity, and
according to the needs of the Church. * But if it be the fast of many
days together, it is a burden, and therefore not to be exacted, lest it be
<pb n="323" facs="tcp:58903:472"/>
uncharitable. But if there be a law, the law ought to bend in all the flex<g ref="char:EOLhyphen"/>ures
of reason and a probable necessity, and to prevail onely by the reason
of the thing, not the force of a command. * But if it be no fast, but a
change of diet, it is of so little profit, that it will not recompence the trou<g ref="char:EOLhyphen"/>ble,
and will turn into superstition, and will more minister to evil then to
good, and is not properly the matter of an Ecclesiastical law, and the Bishop
hath no power to make a law in this matter: it is not for God, and it is not
for religion, but for vanity, or Empire, or superstition.</p>
                           <p>This onely I am to adde in order to the determination of our consci<g ref="char:EOLhyphen"/>ence
in the practice of this inquiry,<note place="margin">13.</note> That if there be a law made by the
Civil power for the keeping Lent, then it is for civil regards, and the law is
not for superstition, but therefore to be observed as other civil laws are,
with the same equity and measures of obedience; of which I am to give
further accounts in the Chapter of the Interpretation and diminution of hu<g ref="char:EOLhyphen"/>mane
laws. But if it be still an Ecclesiastical law, indicted and suggested by
the spiritual power, and onely corroborated by the civil power, and for them
efformed into a law, then it obliges the Conscience no otherwise then it
did and ought to doe in the hands of the spiritual power; that is, onely
when the law is for good, and not for evil, with Christian liberty, and not
a snare, when it is fit to be perswaded and ought to be complied with, then
and there it may be indicted, and is to be obeyed accordingly.</p>
                        </div>
                     </div>
                     <div n="20" type="rule">
                        <head>RULE XX. Ecclesiastical laws must ever promote the service
of God and the good of Souls; but must never
put a snare or stumbling-block to Consciences.</head>
                        <p>THE holy Primitives in their laws and actions ever kept that saying of
the Apostle in their eye and in their heart,<note place="margin">1.</note> 
                           <gap reason="foreign">
                              <desc>〈 in non-Latin alphabet 〉</desc>
                           </gap>,<note place="margin">1. Cor. 14. 26.</note>
Every word, every action must be <gap reason="foreign">
                              <desc>〈 in non-Latin alphabet 〉</desc>
                           </gap>, <hi>for the use of
edifying:</hi> Let all things be done for edification:<note place="margin">Ephes. 4. 29.</note> and therefore much more
must laws, which have a permanent causality and influence upon the acti<g ref="char:EOLhyphen"/>ons
of the Church; for therefore they are either a permanent good or
evil.</p>
                        <p>When the Churches had hope of converting the Jews by gentleness
and compliance in some outward rites,<note place="margin">2.</note> the Church made laws of combina<g ref="char:EOLhyphen"/>tion
and analogy, of continuation and correspondence in some observances.
Thus the Apostles at the Council of <hi>Jerusalem</hi> indicted the abstinence from
<hi>blood,</hi> as being infinitely offensive to the Jews, and apt to estrange their
hearts from the whole religion of them that eat it. And therefore the law
was made that it might cement the stones of the Spiritual building,<note place="margin">Vide ult. caput 2. libri.</note> and the
Jews and Gentiles might make the two walls of the Church. But when the
Jews refus'd to come in, and excepting the remnant onely (of which S. <hi>Paul</hi>
speaks) which were saved, the rest grew to hate the Lord of life, then the
Church consider'd that to use their liberty would be for the edification of
the Church of the Gentiles; and then they remembred that <hi>Moses had
<pb n="324" facs="tcp:58903:473"/>
given the Jews flesh, but forbad them bloud, but Christ gave us both flesh and
bloud, and forbad neither;</hi> and therefore they return'd to that use of it that
was most for charity and liberty, instruction and edification. * Upon the
same account, though the Church was kind to the Jews, yet they would
take care not to offend any of her children by retaining words that might
abuse them into a good opinion of their religion; and therefore at first
they abstain'd from the name of Priest, and Temple, as is to be observed. <gap reason="illegible" resp="#TECH" extent="1 letter">
                              <desc>•</desc>
                           </gap>n
<hi>Justin Martyr, Ignatius</hi> and <hi>Minutius.</hi> * At the first the Christians kept
the Jewish Sabbath; but in the Council of <hi>Laodicea</hi> it was forbidden; and in
the 70<hi rend="sup">th</hi> Canon of that collection which goes under the name of the Apo<g ref="char:EOLhyphen"/>stles,<note place="margin">Can. 29.</note>
which was published much about the same time, the Christians are
forbidden [<hi>neque jejunia cum Judaeis exercere, nec festos dies agere, nec quae
in ipsorum celebritatibus Xenta mittuntur accipere</hi>] to keep the Jewish fasts,
or feasts, or to receive their presents, <hi>viz.</hi> of unleavened cakes which upon
those daies they usually sent abroad. And the reason of the prohibition is,
lest Judaisme should be valued, and lest Christians be scandaliz'd at such
compliance, as <hi>Zonaras</hi> and <hi>Balsamo</hi> note upon that Canon of the <hi>Laodicea<gap reason="illegible" resp="#TECH" extent="1 letter">
                                 <desc>•</desc>
                              </gap>
                           </hi>
Council, but is more fully discoursed by <hi>Constantine</hi> upon the keeping of
<hi>Easter,</hi>
                           <note place="margin">Lib. 3. cap. 17.</note> as <hi>Eusebius</hi> reports in his life.</p>
                        <p>To this end all Laws and Canons must be made;<note place="margin">3.</note> not onely for that
great reason, because the end of the Commandement is charity, and of all
Ecclesiastical government is <hi>the building up</hi> the Church <hi>in love;</hi>
                           <note place="margin">Ephes. 4. 16.</note> but because
the Church hath no power to make laws which are not for edification: and
this the Apostle testifies twice in one Epistle using the same words;<note place="margin">2 Corin. 10. 8.</note> that
the power and <hi>authority which the Lord had given</hi> to him, was for <hi>edification,</hi>
                           <note place="margin">2 Cor. 13. 10.</note>
                           <hi>not for destruction.</hi> * And this is not onely so to be understood, that if the
Church makes laws which are not for edification, she does amiss; but that
she obliges not, her laws are null, and doe not bind the Conscience. For it
is otherwise here then in civil laws: right or wrong the civil constitutions
bind the body or the soul; but because the verification of the laws of the
Church is in the hands of God, and he onely materially and effectively
punishes the rebellious against this Government, it is certain he will doe
onely according to the merit of the cause, and not verify a power which he
hath forbidden. But in the civil Courts there is a punishment that is ex<g ref="char:EOLhyphen"/>terminating
of afflictive, which can punish them whom God will finally
absolve. Therefore it is that when the Church does any thing beyond
her commission, she does no way oblige the Conscience, neither actively
nor passively: the Church punishes no man temporally, and God will not
either temporally or eternally afflict those who doe not obey there where
he hath given no man power to command. And this is greatly to be ob<g ref="char:EOLhyphen"/>served
in all the cases of Conscience concerning Ecclesiastical laws. If we
understand where the spiritual power can command, where she can exhort
and ought to prevail, we have found out all the measures of our obedience.
But if she goes beyond her commission, she hurts none but her self; for
she hath nothing to doe with Bodies, and our Souls are in safe hands. And
the case is much alike, in case the spiritual law be bound by the civil power:
for the King when he makes laws of religion is tied up to the Evangelical
measures; and if he prevaricates, he does indeed tie us to a passive obedi<g ref="char:EOLhyphen"/>ence,
but the conscience is no otherwise bound; and he is to govern Christs
Church by the same measures with which the Apostles did, and the Bi<g ref="char:EOLhyphen"/>shops
their successors did and ought to doe before the civil power was
<pb n="325" facs="tcp:58903:473"/>
Christian. For he hath no more power over consciences then they had;
and therefore he ought not by the afflictions of the body to invade the soul:
but if he does, <gap reason="foreign">
                              <desc>〈 in non-Latin alphabet 〉</desc>
                           </gap>, he hath onely power over
bodies, but no authorityover the Conscience. This being considered, the
Rule hath effect in the following particulars.</p>
                        <p>1.<note place="margin">4.</note> This Rule is to be understood positively and affirmatively; that is,
The Church in all her constitutions must take care that the Church be edi<g ref="char:EOLhyphen"/>fied
and built up in some grace or other. But not so, that whatsoever is for
edification she hath power to command. The measures and limits of her
legislative power I have already describ'd *;<note place="margin">Rule 1, 2, 3, 4<g ref="char:punc">▪</g> of this chapter.</note> it must be within those circles:
and though other things without them may be useful, and fit for instruction,
or to promote the interest of a vertue; yet Christ hath left them at liberty,
and his Church hath no power to bind beyond his commission. They can
exhort and perswade, and by consent they can prescribe; but to the ma<g ref="char:EOLhyphen"/>king
of a law there is something else requir'd, besides that it be apt to edify
or to instruct. For (besides that it must be of something plac'd in her
power) it must edify, and not destroy; it must build up, and not pull down;
that is, it must build with all hands, and not pull down with one.</p>
                        <p>I instance in the institution of significant ceremonies,<note place="margin">5.</note> that is, such
which are not matters of order and decency, but meerly for signification
and the representment of some truth or mystery. Those which are pru<g ref="char:EOLhyphen"/>dently
chosen are in their own nature apt to instruct. Thus the use of
pictures in the Greek and in the Lutheran Churches is so far useful, that
it can convey a story, and a great and a good example to the people that
come thither, and so far they may be for edification. But because these can
also and doe too often degenerate into abuse and invade religion, to make
a law of these is not safe; and when that law does prevail to any evil that
is not easily by other means cured, it does not prevail upon the Conscience:
and indeed to make a law for the use of them, is not directly within the
commission of the Ecclesiastical power.</p>
                        <p>But there is also more in it then thus.<note place="margin">6.</note> For although significant cere<g ref="char:EOLhyphen"/>monies
can be for edification to the Church in some degree, and in some
persons; yet it is to be considered whether the introducing of such things
does not destroy the Church, not onely in her Christian liberty, but in the
simplicity and purity and spirituality of her religion, by insensibly changing
it into a ceremonial and external service. To the Ceremonial law of the
Jews nothing was to be added, and from it nothing was to be subtracted;
and in Christianity we have less reason to adde any thing of ceremony, ex<g ref="char:EOLhyphen"/>cepting
the circumstances and advantages of the very ministery, as time and
place, and vessels and ornaments and necessary appendages. But when we
speak of rituals or ceremonies, that is, exterior actions or things besides
the institution or command of Christ, either we intend them as a part of the
Divine service, and then they are unlawful and intolerable; or if onely for
signification, that is so little a thing, of so inconsiderable use in the fulness
and clarity of the revelations Evangelical, that besides that it keeps Chri<g ref="char:EOLhyphen"/>stians
still in the state of infancy and minority, and supposes them <hi>alwaies
learning, and never coming to the knowledge of the truth,</hi> it ought not to
stand against any danger or offence that can by them be brought to any
wise and good Christians.</p>
                        <p>
                           <pb n="326" facs="tcp:58903:474"/>
In some ages of the Primitive Church,<note place="margin">7.</note> and in some Churches, they
gave to persons to be baptized milk and hony or a little wine (as we read
in <hi>Tertullian</hi> and S.<note place="margin">Lib. 1. contr. Ma<gap reason="illegible" resp="#TECH" extent="1 letter">
                                 <desc>•</desc>
                              </gap>cion. Dial. adv. Luciferianos.</note> 
                           <hi>Hierom</hi>) to signify that those Catechumens were babes
in Christ; and in a <hi>rebus</hi> to recommend to them that saying of S. <hi>Peter,
as new-born babes desire the sincere milk of the word.</hi> Now besides that this
was not usual, to give hieroglyphics where they had plain precepts, and to
give signs of things that were present and perceiv'd<g ref="char:punc">▪</g> it was of so very little
use, that all Churches that I know of have laid it aside. It was also a
custome anciently, when they brought the bread and wine to the altar or
Communion-table, to present milk along with it; and this also did signify
nutrition by the body and bloud of Christ.<note place="margin">Cap. 1.</note> But the Council of <hi>Bracara</hi>
forbad it upon this reason, <hi>quia evidens exemplum Evangelicae veritatis
illud offerri non sinit,</hi> because Christ did no such thing, and commanded no
such thing; and therefore nothing is to be added to those ceremonies which
Christ left. * And indeed if the Church might adde things or rituals of
signification, then the walls might be cover'd with the figures of Doves,
Sheep, Lambs, Serpents, Birds, and the Communion-table with Bread,
Wine, Herbs, Tapers, Pigeons, Raisins, Hony, Milk and Lambs, or
whatever else the wit of man or the nature and sense of the mysteries
might invent or import. But concerning such things as these, the judg<g ref="char:EOLhyphen"/>ment
of <hi>Balsamen</hi> is this;<note place="margin">In Can. 82. Synod. 6. in Trullo.</note> 
                           <hi>Eos malè facere arbitror, qui in Ecclesia columbas
emittunt pro Spiritus sancti adventu; &amp; qui pro illa stella quae novo modo
apparucrat, &amp; erat admirabilis, cereos accendunt; &amp; qui arcanam &amp; salu<g ref="char:EOLhyphen"/>tarem
Domini, &amp; Dei, &amp; Servatoris nostri Jesu Christi generationem thoro
strato exprimunt; &amp; quae sunt supra rationem &amp; mentis cogitationem humanis
adinventionibus describunt.</hi> To let a Pigeon fly to signify the coming of
the Holy Spirit; to light up candles to represent the Epiphany; to dress
a bed to express the secret and ineffable generation of the Saviour of
the world; to which he might have added, to prepare the figure of the
Crucifix, and to burie an image to describe the great sacrifice of the Cross
for the redemption of mankind; these are things to no purpose: not onely
for the levity and theatrical gayeties and representments unbefitting the
gravity and purity and spirituality of Christian religion; but also the man<g ref="char:EOLhyphen"/>ner
of teaching these truths by symbolical things and actions is too low,
too suspicious, too dangerous to be mingled with the Divine liturgies.
Christ may as he please consign his own good things that he gives us; but
he consigns no good, and represents none, but what he also gives and effects
in that ministration and under that sign: but a symbolical rite of humane in<g ref="char:EOLhyphen"/>vention
to signify what it does not effect, and then introduc'd into the
solemn worship of God, is so like those vain imaginations and represent<g ref="char:EOLhyphen"/>ments
forbidden in the second Commandement, that the very suspicion is
more against edification then their use can pretend to. But if any such ritual
or ceremony be introduc'd by custome or by consent, it ought to be us'd
as men use their champignons; they boyl them in three or four waters,
cleansing them both by water and fire before they be us'd at all; much more
before they be perswaded into a law.</p>
                        <p>2. But when they can be innocently us'd,<note place="margin">8.</note> that is, when they can be
made usefull, and yet be innocent in themselves, yet it is to be taken care
of, that they may not onely by their abuse, or by mistake, but that by their
number they be not troublesome and inconvenient. This advice I learn
from S. <hi>Austin,</hi> in whose time the Church had gone beyond her rule and
<pb n="327" facs="tcp:58903:474"/>
beyond her power in the introducing or permitting to be introduc'd very
many significant ceremonies; every one of which he could not directly
blame, but yet they were servile burdens, and intolerable besides, by their
number and their load. [<hi>Etiamsi non intelligatur quomodo contra fidem sunt,
tamen quoniam onerant religionem, &amp; servilibus oneribus premunt quam
Christus voluit paucissimis &amp;</hi>
                           <note place="margin">Epist. 119. cap. 19.</note> 
                           <hi>manifestis celebrationeum Sacramentis liberam
esse; propterea faciunt ut tolerabilior sit conditio Judaeorum, qui etiamsi tempus
libertatis non agnoverunt, legalibus tamen sarcinis subjiciebantur, non humanis
praesumptionibus] Although it is not to be understood how these things are
directly against the faith, yet they burden religion, and load with a servile
pressure her whom Christ left free and charg'd onely with the two Sacraments:
therefore our case is worse then that of the Jews; for though they had not a
time of liberty, yet they were charg'd onely with burdens that God impos'd, but
not with the presumptions of man:</hi> which words are a severe condemnation
of such laws and customes Ecclesiastical. And therefore there is reason to
celebrate and honour the wisdome and prudence of the Church of <hi>England,</hi>
which hath in all her offices retain'd but one ritual or ceremony that is not
of Divine ordinance or Apostolical practice, and that is, <hi>the Cross in bap<g ref="char:EOLhyphen"/>tisme:</hi>
which though it be a significant ceremony, and of no other use, yet
as it is a compliance with the practice of all ancient Churches,<note n="*" place="margin">S. Cyprian<g ref="char:EOLhyphen"/>de lapsis: &amp; epist. 56.</note> so it is
very innocent in it self, and being one and alone is in no regard trouble<g ref="char:EOLhyphen"/>some
or afflictive to those that understand her power and her liberty and
her reason. I said, she hath one onely ceremony of her own appointment;
for the Ring in marriage is the symbol of a civil and a religious contract,
it is a pledge and custome of the nation, not of the religion: and those
other circumstances of her worship, are but determinations of time and
place and manner of a duty; they serve to other purposes besides significa<g ref="char:EOLhyphen"/>tion,
they were not made for that, but for order &amp; decency, for which there
is an Apostolical precept, and a natural reason, and an evident necessity, or
a great convenience. Now if besides these uses they can be construed to
any good signification or instruction, that is so far from being a prejudice
to them, that it is their advantage, their principal end being different, and
warranted, and not destroy'd by their superinduc'd and accidental use. * In
other things we are to remember that figures and shadows were for the
Old Testament, but light and manifestation is in the New; and the <hi>Egyp<g ref="char:EOLhyphen"/>tians</hi>
indeed did teach religion by Symbolical figures; and in the Eastern
Empire their laws were written with characters and abbreviatures; and in
the schools of <hi>Plato</hi> and <hi>Pythagoras</hi> they taught their scholars by numbers
and figures; and <hi>Diodorus</hi> of <hi>Tarsus</hi> and <hi>Origen</hi> brought in an allegorical
way of expounding the Scriptures, and almost wholly, but certainly too
much left the literal and simple way of interpretation, and so doe the <hi>Per<g ref="char:EOLhyphen"/>fectionists</hi>
and some others at this day: but we that walk in the light of
the Gospel, and rejoyce in that light, have received from Christ and his
Apostles an easier way of teaching the people; and are not therefore to
return to the elements and rituals of Jews and Pagan schools. Christ left
no sign but two that did also effect as well as signify: and if they had onely
signified, and done no other good, we have no reason to believe that they
would have been appointed. But this thing is gone into so great inconve<g ref="char:EOLhyphen"/>nience
in the Church of <hi>Rome,</hi> that there are not onely so many ceremo<g ref="char:EOLhyphen"/>nies
as doe fill a book <hi>in folio;</hi> but the reasons and significations of them
are offered to us by <hi>Durandus, Durantus, Vicecomes</hi> and others: but it
is certain that all the propositions and mysteries signified by them are
<pb n="328" facs="tcp:58903:475"/>
very much sooner learn'd then the meaning of those ceremonies. But
that those rituals or circumstances of Liturgy, the actions, gestures, habits,
and instruments of order and decency be also significant, gives an advan<g ref="char:EOLhyphen"/>tage
to the things themselves, and makes their first intended ministery of
some more usefulness.</p>
                        <p>3.<note place="margin">9.</note> Ecclesiastical laws are not then for edification when they give of<g ref="char:EOLhyphen"/>fence
to the wise and to the good; to the lovers of peace and the obedient
to government; that is, when there is in their nature so much real evil, or
so much cause of jealousy of which the law-givers cannot purge them, that
the good and complying principles that are in the good subjects can<g ref="char:EOLhyphen"/>not
be sufficient to give them entertainment. But of this the law-givers are
to be the Judges; and if they insist upon them when there is cause enough
to lay them aside, they <hi>sin against their Brethren,</hi> and <hi>they sin against Christ.</hi>
But the laws themselves doe not bind, if the exceptions against them be
just and reasonable and sufficient: which whether they be or no, the
Church-Rulers shall judge at present, and God shall judge at last: and in
the mean time there can be no other rule given, but that the superiour and
the inferiour endeavour by all waies of prudence and humility to satisfy
one another. A peaceable mind, and willingness to learn, and a charitable ex<g ref="char:EOLhyphen"/>position,
are the just dispositions of the subjects duty; and the Governours
are to take all the care of souls that can be supposed to be the duty of spi<g ref="char:EOLhyphen"/>ritual
Fathers: and if these things be done, there will be no hatred, and
no reproach, and no schisme. But if the question be who shall yield, the
Governours certainly have authority, and the others say they have reason:
the one ought to be pitied, and the other ought to be obeyed; but both
ought to yield: onely the subject must yield outward obedience though
otherwise it were not necessary, yet if it be lawful, it accidentally becomes
so; and if it be not lawful, or if he thinks it is not, yet he must be careful
he give no offence, but modestly, humbly and without reproach offer his
reasons against the law. But then the Governours also must yield: they
must not consider how much is possible for them, but how much is fit; they
must mediate nothing of Empire, but much of charity; they must con<g ref="char:EOLhyphen"/>sider
which will doe most good to the souls to whom they doe relate; they
must with meekness instruct the gainsayers, and with sweetness endeavour
to win them, and bear with the infirmities of the weak, if they can per<g ref="char:EOLhyphen"/>ceive
the weakness to be innocent. But if a crime be mingled with it, and
be discerned, it is matter of edification that such criminals be discounte<g ref="char:EOLhyphen"/>nanc'd,
and the Authority be immur'd and kept from contempt. But in
these and the like accidents the Spirit of God must be invocated and im<g ref="char:EOLhyphen"/>plor'd
and endear'd, that by his aides the Church may be safely and wisely
and charitably governed. Whoever wants wisdome must ask it of God;
and God will be easily intreated to doe good, and to give good things.</p>
                        <p>This onely is to be added,<note place="margin">10.</note> that according as the matter of the laws
is of advantage, or necessity, or onely of convenience more or less, so are the
Governours of Churches and Guides of Souls to be more or less easy in dis<g ref="char:EOLhyphen"/>pensing
or annulling their laws: till then, neither the Rulers nor the subject
can by any other means be excused from sin but by a hearty inquiry, and a
sincere humble labour to doe their duty to each other according to the best
of their understanding. For if this does not procure a just compliance, it
will at least preserve peace and innocence: and though the first is best,
<pb n="329" facs="tcp:58903:475"/>
because it includes these, yet these are the next best.</p>
                        <p>4. Ecclesiastical laws that encourage and adorn,<note place="margin">11.</note> and add degrees and
moments and zeal to the service of God, are good ministeries of edifica<g ref="char:EOLhyphen"/>tion;
and till by excesse or accident they convert into evil, are of them<g ref="char:EOLhyphen"/>selves
fit to minister to religion.</p>
                        <div type="part">
                           <head>Of Music in Churches.</head>
                           <p>Thus the use of <hi>Psalmody</hi> or singing of Psalms, because it can stirre up
the affections, and make religion please more faculties, is very apt for the
edification of Churches. The use of Musical instruments may also adde
some little advantages to singing, but they are more apt to change religion
into aire and fancies, and take off some of its's simplicity, and are not so
fitted for edification. <hi>Ad disciplinas aliquid artificiale organum non esse adhi<g ref="char:EOLhyphen"/>bendum,</hi>
said <hi>Aristotle</hi> as he is quoted by <hi>Aquinas,</hi>
                              <note place="margin">22<gap reason="illegible" resp="#TECH" extent="1 letter">
                                    <desc>•</desc>
                                 </gap>. q. 91. art. 2.</note> Artificial instruments
are not fit to be applied to the use of disciplines. That is, the music of
instruments of it self does not make a man wiser, or instruct him in any
thing. This is true, and therefore they are not of themselves very good
ministeries of religion. But vocal music, being natural, and the action of a
man with the circumstance of pleasure, if it come to invest religion is of
great use, as all the experience of man can tell. Instruments may guide the
voice, and so they may be us'd; but they are but a friends friend to religion,
and can have no near relation to the service of God.<note place="margin">Quaest. 107. ad Orthod.</note> 
                              <hi>Justin Martyr</hi> asks
the Question why the Church uses songs in her Liturgy after the manner of
the unwise and weak under the Law. Answers, <gap reason="foreign">
                                 <desc>〈 in non-Latin alphabet 〉</desc>
                              </gap>,
<hi>That meerly to sing is not proper to weak and ignorant persons, but to
sing with inanimate instruments, with dancings and with timbrels. There<g ref="char:EOLhyphen"/>fore
in the Churches we doe not use hymns with such organs or instruments.</hi>
And S.<note place="margin">in Psalm. 150.</note> 
                              <hi>Chrysostom</hi> saith that those instruments were permitted to the Jews
<hi>ob eorum imbecillitatem</hi> for their weaknesse: and he addes, <hi>As the Jews did
praise God by all the instruments of music, so we are commanded to praise him
with all our members, our eyes, our tongues, our eares, our hands.</hi> The same
thing is also affirm'd by <hi>Isidore Pelusiot;</hi>
                              <note place="margin">lib. 1. Ep. 457.</note> 
                              <hi>Since God permitted sacrifices and
effusions of bloud for their childishnesse, it is no wonder that he did tolerate that
music which is made by the harp and psaltery.</hi> But then in relation to us, he
expounds that Psalm to signify not literally, but mystically. By <hi>the sound
of the trumpet</hi> he understands <hi>the memory of the resurrection;</hi> by <hi>psaltery and
harp,</hi> our <hi>tongue and mouth;</hi> by <hi>timbrel and dances,</hi> our <hi>body and mind;</hi> by
<hi>every thing that hath breath,] every spirit:</hi> Angels and men are called upon
to praise the Lord. But now upon this account we may easily perceive the
difference of vocal from instrumental music in Churches; this being but
typical of that, and permitted then when they knew not so well to use
their voices and tongues to praise the Lord. And certainly the difference is
very material, not onely because we find these wise men saying that instru<g ref="char:EOLhyphen"/>ments
were typical and permitted <gap reason="foreign">
                                 <desc>〈 in non-Latin alphabet 〉</desc>
                              </gap> 
                              <hi>for their tendernesse and in<g ref="char:EOLhyphen"/>fancy;</hi>
but also because by the voice and tongue we can properly and direct<g ref="char:EOLhyphen"/>ly
serve God, and as well by singing as saying, and better, if it be better;
which can never be said of instrumental music: which though I cannot
condemn if it be us'd as a help to psalmody, yet it must not be called so much
<pb n="330" facs="tcp:58903:476"/>
as a circumstance of the Divine service, for that is all can be said of vocal
music. But of this the use is very great, and I will onely represent it in
the words of <hi>Justin Martyr;</hi>
                              <note place="margin">ubi suprá</note> 
                              <gap reason="foreign">
                                 <desc>〈 in non-Latin alphabet 〉</desc>
                              </gap>, <hi>simple and plain
singing is left in Churches. For this stirres up the mind with a certain plea<g ref="char:EOLhyphen"/>sure
unto an ardent desire of that which is celebrated in the song; it appeases the
desires and affections of the flesh; it drives away the evil thoughts of our ene<g ref="char:EOLhyphen"/>mies
that are invisible and secretly arise; it makes the mind irriguous and apt
to bring forth holy and Divine fruits; it makes the Generous contenders in
piety valiant and strong in adversity; and it brings a medicine and remedy to
all the evil accidents of our life. S.</hi> Paul <hi>in his spiritual armoury calls this
the Sword of the Spirit: for it is all of it the word of God which is celebrated,
in the mind, in the song and in the verse: it drives away evil spirits, and the
pious mind is by the songs of the Church perfected in vertue.</hi>] The Eulogy
is fair and large: but yet all wise and sober persons doe find fault when the
Psalmody which is recommended to us by the practice of Christ and his
Apostles, does sensibly passe further into art then into religion, and serves
pleasure more then devotion; when it recedes from that native simplicity
and gravity which serv'd the affections and holy aspirations of so many ages
of the Church; when it is so conducted that it shall not be for edification,
that is, when it is so made accurate and curious that none can joyn in it but
Musicians, and they also are not so <hi>recitative,</hi> they doe not sing and ex<g ref="char:EOLhyphen"/>presse
the words so plainly that they which hear doe understand; for by this
means the greatest benefit and <hi>use of edification</hi> is lost: as appears in those
words of S. <hi>Basil,</hi>
                              <note place="margin">in Psalm.</note> who when he had highly commended <gap reason="foreign">
                                 <desc>〈 in non-Latin alphabet 〉</desc>
                              </gap>
                              <hi>the delight of melody mingled with hea<g ref="char:EOLhyphen"/>venly
mysteries,</hi> he addes, <gap reason="foreign">
                                 <desc>〈 in non-Latin alphabet 〉</desc>
                              </gap>,
<hi>For this cause were the tunes of harmonious Psalms devised for us,</hi>
that they which either are yong in years, or novices in instruction, might
when they think they sing, have their souls instructed in the truth. <gap reason="foreign">
                                 <desc>〈 in non-Latin alphabet 〉</desc>
                              </gap>,
<hi>O the great wisedome of our Heavenly master, which at the same
time designes to have us pleas'd and instructed to perfection by the singing of
Psalms!</hi> But in this and all things like this, the rulers of Churches are to
doe that which most promotes the end of their institution. <hi>Salus populi
suprema lex esto,</hi> is a rule which in this affair hath no exception: the salvation
of one soul is more then all the interests in the world besides.</p>
                           <p>5. Although Counsels Evangelical being observed are greatly for the
glory of God and for the edification of the Church;<note place="margin">12.</note> yet it is not for edi<g ref="char:EOLhyphen"/>fication
that they be injoyn'd, and therefore make not the proper subject
and matter of Ecclesiastical laws: and the reason is, all that wisedome by
which God was moved not to injoyn it, even because all men cannot take
it, and few men will; and the imposition is not <gap reason="foreign">
                                 <desc>〈 in non-Latin alphabet 〉</desc>
                              </gap> 
                              <hi>a gentle yoke,</hi>
but is a perpetual snare. For here is the difference between things indif<g ref="char:EOLhyphen"/>ferent
and Counsels Evangelical, though alike they be left under no com<g ref="char:EOLhyphen"/>mand
by God, yet for several reasons: for things in themselves indifferent
are too little for the service of God, and Counsels Evangelical are too
great for our strengths; and therefore God will not be worshipped by those,
and he will not put any necessary upon these: but yet those may be made
matter of humane laws, because they may become usefull to many pur<g ref="char:EOLhyphen"/>poses;
but Counsels cannot be made into laws, not because the nature of
the things themselves will not bear the load of a Commandement, but
<pb n="331" facs="tcp:58903:476"/>
because our natures will not: and therefore they are to be advis'd, encou<g ref="char:EOLhyphen"/>rag'd,
preached, practis'd, commended and rewarded; any thing but in<g ref="char:EOLhyphen"/>joyn'd,
or made into necessary duty. And indeed, when we consider that
Counsels of perfection are a direct worship of God when they are per<g ref="char:EOLhyphen"/>form'd,
and that God onely is to make laws of his own worship and direct
religion, and that in these he would make no law, because these should not
become necessary, but the instruments of a voluntary service, that in these
things we might shew our love, as in the matter of his laws we shew our
obedience; the Church cannot have a power legislative in these, for she is
the mouth of Christ, to command what he commands, to exhort to what
he exhorts: and as the Church cannot make that to be a part of the Divine
worship which God hath not made so, and therefore things indifferent may
become ministeries and circumstances of religion, but no parts of it; so
neither can any thing be otherwise a Divine worship then God hath made
it, and therefore man cannot make that to be a necessary worship which
God hath not made so, but hath chusingly, and wisely left to the choice of
our will and love. And to this sense was that saying of <hi>Athenagoras</hi> in his
Apology for the Christians, <hi>Deus ad ea quae praeter naturam sunt neminem
movet,</hi> God moves no man to things which are besides his nature; that
is, he urges no man to doe such things which must suppose great violence to
be done to nature.</p>
                           <p>But the great matter in this whole affaire is,<note place="margin">13.</note> that Counsels Evange<g ref="char:EOLhyphen"/>lical
when they are not left at liberty become a snare; not onely because
they are commonly great violations of our desires, or great invasions of
our interest, and therefore fit onely to be undertaken by a very few and
after a long experience of their strength: but also because though they be
excellencies in themselves, yet in some cases and in some conjugations of
circumstances they doe destroy another duty; as giving all our goods to
the poor hinders us from making provision for our relatives, a state of coe<g ref="char:EOLhyphen"/>libate
exposes us to a perpetual ustulation; and then either by our con<g ref="char:EOLhyphen"/>trary
state of affairs, or by our unequal strengths pull down that building
which they intended to set up. Some Canonists say that the Church for<g ref="char:EOLhyphen"/>bids
a mutual congression of married paires upon Festival days; upon which
days the Jews thought it a special duty, but the heathens abstain'd: but
how if one be willing, and the other is not? he shall be put to dispute be<g ref="char:EOLhyphen"/>tween
two duties, justice and religion, and shall be forc'd like him in the
Satyr to ask pardon for doing of his duty;
<q>
                                 <l>Ille petit veniam quoties non abstinet Uxor<note place="margin">Juven. Sat. 6.</note>
                                 </l>
                                 <l>Concubitu sacris observandisque diebus.</l>
                              </q>
The Council of <hi>Eliberis</hi> commanded abstinence from conjugal rights for
three or four or seven days before the Communion. Pope <hi>Liberius</hi> com<g ref="char:EOLhyphen"/>manded
the same during the whole time of Lent; <hi>quia penè nihil valet je<g ref="char:EOLhyphen"/>junium
quod conjugali opere polluitur,</hi> supposing the fast is polluted by such
congressions: but because this relied upon an heretical stock, that marriage is
unclean, and scarce to be allowed to be holy, of it self it seems unreasona<g ref="char:EOLhyphen"/>ble:
but when they commanded that those which were married should that
day communicate, and they that did communicate should that night ab<g ref="char:EOLhyphen"/>stain,
(but that they had no power to command any such thing,) the law it
self laid a snare for souls, and if it could have chang'd the action into a sin,
would have ingag'd most married paires to become sinners.</p>
                           <p>
                              <pb n="332" facs="tcp:58903:477"/>
Upon the same account,<note place="margin">14.</note> but upon very much more reason, those Chur<g ref="char:EOLhyphen"/>ches
which injoyn coelibate to all their numerous Clergy doe unreasona<g ref="char:EOLhyphen"/>bly
and uncharitably; they have no power to make any such law, and if
they had, they ought not to doe it, upon the account of this Rule, because
they ought not to lay a stumbling-block and a stone of offence in their
Brothers way.</p>
                        </div>
                        <div type="part">
                           <head>Of the Marriages of Bishops and Priests.</head>
                           <p>Now concerning this,<note place="margin">15.</note> I shall first consider the purpose and influence
of the Rule upon it. For if this be a stone of offence, if this law be di<g ref="char:EOLhyphen"/>rectly
and regularly a snare to consciences, it is certain it is an ungodly law,
and of no obligation to the subjects of any Church. Now this relying
upon experience and being best proved by the event of things, will be suf<g ref="char:EOLhyphen"/>ficiently
cleared by the testimony of those wise persons who have observed
the evil, and wish'd a remedy by annulling the law.</p>
                           <p>
                              <hi>Aeneas Sylvius,</hi>
                              <note place="margin">16.</note> who was afterwards Pope <hi>Pius</hi> the second, said that
the single life of the Clergy was upon good reason at first introduc'd,<note place="margin">Platina in vita Pii 2<gap reason="illegible" resp="#TECH" extent="1 letter">
                                    <desc>•</desc>
                                 </gap>. &amp; Sabel<g ref="char:EOLhyphen"/>licus Ennead. 10. lib. 6. in c. cum olim. de cleric. con<g ref="char:EOLhyphen"/>jugat.</note> but
that for better reason it ought now to be let alone and taken off. And of
the same mind was <hi>Panormitan;</hi> saying that we are taught by experience that
from this law of coelibate not continency but a contrary effect does follow:
for the Priests doe not live spiritually, neither are they clean, but are pollu<g ref="char:EOLhyphen"/>ted
with unlawfull mixtures to their great sin and shame, whereas it were
chastity if it were a society with their own wife. And indeed the scandal
was so great, the stories so intolerable, their adulteries so frequent, their
lusts so discovered, and the accidents so ridiculous, that the Clergy became
the contempt and jest of buffoons and drunkards, and the pity and shame of
wise and sober men. And it was a strange thing which in the history of the
Council of <hi>Trent</hi> is told out of <hi>Zuinglius,</hi>
                              <note place="margin">Vide etiam Sleidan. lib. 3.</note> that writing to the <hi>Cantons</hi> of
the <hi>Suisses,</hi> he made mention of a law or edict made by the magistrates their
predecessors, that every Priest should be bound to have his proper Concu<g ref="char:EOLhyphen"/>bine,
that he might not ensnare the chastity of honest women; adding, that
though it seem'd a ridiculous decree, yet it could not be avoided, unlesse the
word <hi>Concubine</hi> were chang'd into <hi>Wife,</hi> and the permission before given to
unlawfull <hi>Concubinate</hi> might be given now to lawfull <hi>Marriage.</hi> And who
please to see instances more then enough to verify the infinite scandals
given by the unmarried Clergy generally, may be glutted with them in
<hi>Henry Stephen's</hi> apology for <hi>Herodotus.</hi> * But if he be lesse relied upon, as
being a friend to the complaining side,<note place="margin">A<gap reason="illegible" resp="#TECH" extent="1 letter">
                                    <desc>•</desc>
                                 </gap>t. 23.</note> the testimony of <hi>Cassander</hi> will not
so easily be rejected, saying, <hi>If ever there was a time for changing of an old
custome, certainly these times require it; where all the best and most religious
Priests acknowledging their infirmity, and abhorring the turpitude of perpe<g ref="char:EOLhyphen"/>tual
fornication, if publickly they dare not, yet privately they marry.</hi> And
they that did not, did worse: <hi>for things</hi> (saith he) <hi>are come to that passe, that
scarce one in an hundred abstains from the fellowship of women.</hi> And <hi>Al<g ref="char:EOLhyphen"/>varus
Pelagius</hi> telling sad stories of the incests,<note place="margin">De Planctu Ec<g ref="char:EOLhyphen"/>clesiae lib. 2. art. 73.</note> uncleannesse and fornications
of the Priests and Friers, tells of their gluttony, their idlenesse and ease,
their pride and arrogancy, their receiving boys into their houses and cloy<g ref="char:EOLhyphen"/>sters,
their conversation with Nunnes and secular women, that it is no
wonder there is amongst them so impure a Clergy, that so many good
men have complained, and all have been ashamed of it. And therefore
<pb n="333" facs="tcp:58903:477"/>
upon this account we may consider the evils which the Church suffers by
such a law which permits their Clergy to walk in the fire, and commands
them not to be burn'd; or rather not that so much, but they forbid them
the use of cold water: I say, we may consider the intolerable scandals, the
infinite diminution of spiritual good, the great loss and hazard of souls,
when fornicators and adulterers, paederasts and the impurest persons shall
by their sermons and common talk dishonour marriage, and at the same
time put their polluted hands to the dreadful mysteries, and their tongues
to sing hymns to God, and to intercede for the people, who the night
before have polluted the temples of the Holy Ghost, and defiled them
unto the ground. But I had rather these things were read in the words of
other men, and therefore I shall remit the Reader that would see heaps of
such sad complaints to the <hi>Via Regia</hi> of <hi>Weicelius,</hi> to <hi>Andreas Fricius
Modrevius de Matrimonio presbyterorum,</hi> and in his<note n="a" place="margin">Cap. 20. lib. 4. de Eccles.</note> 
                              <hi>Apology,</hi>
                              <note n="b" place="margin">Controvers. 15. sub initio.</note> 
                              <hi>Albertus
Pighius,</hi>
                              <note n="c" place="margin">Lib. 7. de just. &amp; jur. q. 6. art. 1.</note> 
                              <hi>Dominicus Soto,</hi> the<note n="d" place="margin">Gravam. 75, &amp; 91.</note> 
                              <hi>Centum Gravamina Germaniae,</hi>
                              <note n="e" place="margin">De vita spirit. animae, sect. 4. corol. 14. prop. 3.</note> 
                              <hi>John Ger<g ref="char:EOLhyphen"/>son,</hi>
                              <note n="f" place="margin">De invent. <gap reason="illegible" resp="#TECH" extent="1 letter">
                                    <desc>•</desc>
                                 </gap>erum lib. 5. c. 4.</note> 
                              <hi>Polydore Virgil.</hi> Many more might be reckoned, but these are wit<g ref="char:EOLhyphen"/>nesses
beyond exception; especially if we adde that the complaints were
made by wise and grave men many ages together, and that their complaints
were of an old canker in the Church, that could never be cured, because the
spiritual Physitians did see, but would not take the cause away. For this
thing we find complain'd of by S.<note n="g" place="margin">Lib. de con<g ref="char:EOLhyphen"/>versione ad cl<gap reason="illegible" resp="#TECH" extent="1 letter">
                                    <desc>•</desc>
                                 </gap>
                                 <g ref="char:EOLhyphen"/>ricos, cap. 20.</note> 
                              <hi>Bernard, Rupertus Tuitiensis</hi> his contem<g ref="char:EOLhyphen"/>porary,
who compares the Clergy of that age to the <hi>Nicolaitans,</hi> whom
God hated for their uncleanness, by the author of the book <hi>de singularitate
Clericorum</hi> attributed to S. <hi>Cyprian,</hi> by<note n="h" place="margin">part. 2. tit. 46.</note> 
                              <hi>Guilielmus Durandus</hi> in his book
<hi>de modo concilii Generalis celebrandi,</hi> S. <hi>Hudelrichus</hi> Bishop of <hi>Auspurg,</hi>
who wrote against the constrained single life of Priests to Pope <hi>Nicholas,</hi>
                              <note n="i" place="margin">183. lect. in Sapient.</note> 
                              <hi>Robert Holkot,</hi>
                              <note n="k" place="margin">De corrupto Eccles. statu.</note> 
                              <hi>Nicolaus de Clemangiis,</hi>
                              <note n="l" place="margin">De reforma<g ref="char:EOLhyphen"/>tione Eccles.</note> 
                              <hi>Petrus de Alliaco,</hi>
                              <note n="m" place="margin">Opusc. contr. Clericos con<g ref="char:EOLhyphen"/>cubinar. concl. ult.</note> 
                              <hi>Tostatus,
Platina</hi> in the life of Pope <hi>Marcellinus.</hi> The scandal must needs be notori<g ref="char:EOLhyphen"/>ous
and intolerable when so many persons of the ingaged party, of the Ro<g ref="char:EOLhyphen"/>man
Church, whence all this mischief came, durst so openly complain, and
wish the annulling of the law of single life to the Clergy, or that the spirit
of purity were given to all that minister to a pure religion, the religion of
Jesus Christ. But the thing it self was it's own indication; it was a black
cloud, and all good men abhorr'd it: for things came to that pass, that the
Bishops Officials took annuities from all their parish Priests for licences to
keep Concubines; and if they came to a continent person that told them he
kept none, they replied, that yet he must pay, because he might if he
would; as is reported by divers of their own, particularly by the <hi>Centum
Gravamina,</hi> and by <hi>Espencaeus</hi> in <hi>Epist. ad Titum, cap.</hi> 1. I end this with
the words of <hi>Martinus Peresius, Multis piis visum est ut leges de coelibatu tol<g ref="char:EOLhyphen"/>lerentur
propter scandala, Many pious persons have thought it necessary that
the law of Priests single life should be taken away by reason of the scandals
which it brings.</hi> For S. <hi>Paul</hi> was so curious, even in this very instance,
that when he had but commended the ease and advantages of the single
life to all Christians in regard of the present necessity,<note place="margin">1 Cor. 7.</note> and the affairs
of religion under persecution, he presently claps in this caution, I speak
not this to lay a snare before you, <hi>sed vestro commodo:</hi> If any of you find it
for your ease or advantage, well and good, but at no hand let it be a snare.</p>
                           <p>2. But that which next is considerable is,<note place="margin">17.</note> that this law is an intole<g ref="char:EOLhyphen"/>rable
burden. So said <hi>Paphnutius</hi> in the Nicene Council; he call'd it <gap reason="foreign">
                                 <desc>〈 in non-Latin alphabet 〉</desc>
                              </gap>;
<hi>an excess of exactness:</hi> and therefore when some Bi<g ref="char:EOLhyphen"/>shops
<pb n="334" facs="tcp:58903:478"/>
would have had it made into a law, he advis'd the contrary; <hi>Nolite
gravare jugum Ecclesiasticorum, Lay not a load upon the Ecclesiastic state; for
marriage is honourable in all men and the bed undefiled:</hi> adding, <hi>that all can<g ref="char:EOLhyphen"/>not
bear that institution of life that is void of all affections; and as he sup<g ref="char:EOLhyphen"/>pos'd,
no man should be sav'd in his chastity if husbands were depriv'd of their
wives, but that such society was continence and chastity.</hi> So <hi>Gelasius Cyzice<g ref="char:EOLhyphen"/>nus</hi>
tells the story.<note place="margin">In actis concil. Nicen. Paris. impress. cap. 3. p. 170. Acta ipsa è Vaticana Bibl. prodieru<g ref="char:cmbAbbrStroke">̄</g>
                                 <gap reason="illegible" resp="#TECH" extent="1 letter">
                                    <desc>•</desc>
                                 </gap>; latina facta sunt ab Alfonso Pi<g ref="char:EOLhyphen"/>sano &amp; Rober. Balforeo Scoto.</note> And though <hi>Turrian</hi> the Jesuite would fain make the
world not believe it; yet he hath prevail'd nothing. For it is not onely
related by <hi>Gelasius,</hi> but by<note n="a" place="margin">Hist. l. 1. cap. 4.</note> 
                              <hi>Ruffinus,</hi> by <hi>Socrates, Sozomen,</hi> by <hi>Aurelius Cas<g ref="char:EOLhyphen"/>siodorus</hi>
the<note n="b" place="margin">Lib. 2. cap. 14.</note> Author of the tripartite history, by<note n="c" place="margin">Verb. Paph<g ref="char:EOLhyphen"/>nutius.</note> 
                              <hi>Suidas,</hi>
                              <note n="d" place="margin">Lib. 8. c. 19.</note> 
                              <hi>Nicephorus Calli<g ref="char:EOLhyphen"/>stus,</hi>
and by<note n="e" place="margin">Cap. Nicena, dist. 31.</note> 
                              <hi>Gratian.</hi> And the Synod did obey the Counsel. And therefore
the third Canon of that Council cannot be understood by any learned man
to be a prohibition to the Clergy to marry: it forbids a Bishop, a Priest
or Deacon, <gap reason="foreign">
                                 <desc>〈 in non-Latin alphabet 〉</desc>
                              </gap>, <hi>to have a woman introduc'd,</hi> unless
she be a Mother, a Sister, or an Aunt, that is one of whom there can be
no suspicion. <hi>Mulierem extraneam, a woman that is not a domestic;</hi> so<note n="f" place="margin">Hist. Eccl. lib. 1. cap. 6.</note> 
                              <hi>Ruf<g ref="char:EOLhyphen"/>finus,</hi>
                              <note n="g" place="margin">Cap. 122.</note> 
                              <hi>Fulgentius Ferrandus,</hi> and the<note n="h" place="margin">Cap. 41.</note> fourth Council of <hi>Toledo</hi> expound the
word <gap reason="foreign">
                                 <desc>〈 in non-Latin alphabet 〉</desc>
                              </gap>. For by that time the opinion of single life had prevail'd
both by right and by wrong; for in the three hundred years of danger and
persecution many that were under the cross would not intangle themselves
with secular relations, but fight naked and expedite: but besides this, the
<hi>Nicolaitans</hi> and the <hi>Encratitees</hi> and the <hi>Manichees</hi> and the <hi>Montanists</hi> and
the <hi>Gnosticks</hi> and the <hi>Priscillianists</hi> had so disgrac'd marriage, and preten<g ref="char:EOLhyphen"/>ded
such purities to be in single life, that it was very easy in that conjunction
of affairs to insinuate it into the zeale and affections of some less-discerning
persons, who not being content to have marriage left at liberty as it was
during the whole 300. years, would needs have it imposed: not discer<g ref="char:EOLhyphen"/>ning
in the mean time that amongst those who pretended to the purities of
coelibate, some would yet bring women into their houses; so did the <hi>Hie<g ref="char:EOLhyphen"/>racitae,</hi>
as <hi>Epiphanius</hi> reports of them, pretending they did not marry them,
but made them house-keepers:<note place="margin">Haeres. 67. they were their <hi>gallants,</hi>* <gap reason="foreign">
                                    <desc>〈 in non-Latin alphabet 〉</desc>
                                 </gap> apud Epiphan. haeres. 63.</note> meer <hi>Platonics,</hi>
or, as they call'd them, <hi>sisters;</hi> but they would kiss and embrace tenderly,
and sometimes sleep together, but still would be thought Virgins, as we
find in an epistle of S. <hi>Cyprian,</hi>
                              <note place="margin">Epist. 62.</note> where he commands such persons to be thrust
from the Communion of the faithful, unless they would either marry, or
leave the communion of their women (for that gloss had not yet invaded
the perswasions of men which since hath prevail'd: <hi>Sacerdos-amplectens mu<g ref="char:EOLhyphen"/>lierem,
praesumitur benedicere,</hi> If a Priest imbrace a woman, it is to be pre<g ref="char:EOLhyphen"/>sum'd
he onely gives her a blessing.) And the same S. <hi>Chrysostom</hi> tells of
them in some homily he made against those that brought in such women.<note place="margin">Orat. 17, &amp; Orat. 18. edit. Savil.</note>
They were <hi>the companions of their single life;</hi> so <hi>Budaeus</hi> renders the word:
but it was usual amongst the Christians of those ages, Virgins to bring in
men, and Monks to bring in women: but these were condemn'd by the
Council of <hi>Nice;</hi> who yet did not prevail, but that they who might have
wives or husbands had rather have such friends and companions, which ne<g ref="char:EOLhyphen"/>vertheless
gave infinite scandal and reproach. S. <hi>Gregory Nazianzen</hi> speaks
of them with no good will or commendations at all,
<q>
                                 <l>
                                    <gap reason="foreign">
                                       <desc>〈 in non-Latin alphabet 〉</desc>
                                    </gap>,</l>
                                 <l>
                                    <gap reason="foreign">
                                       <desc>〈 in non-Latin alphabet 〉</desc>
                                    </gap>
                                 </l>
                                 <l>
                                    <gap reason="foreign">
                                       <desc>〈 in non-Latin alphabet 〉</desc>
                                    </gap>
                                 </l>
                                 <l>
                                    <gap reason="foreign">
                                       <desc>〈 in non-Latin alphabet 〉</desc>
                                    </gap>
                                 </l>,</q>
                              <pb n="335" facs="tcp:58903:478"/>
He neither knew how to call them<note n="*" place="margin">Videat lector qui velit plura de sensu hujus vocabuli &amp; Canonis, Ga<g ref="char:EOLhyphen"/>brielem Vasquiu<g ref="char:cmbAbbrStroke">̄</g> in 3. disp. 247. c. 4. &amp; Micha<g ref="char:EOLhyphen"/>
                                 <gap reason="illegible" resp="#TECH" extent="1 letter">
                                    <desc>•</desc>
                                 </gap>lem Medinam lib. 2. de conti<g ref="char:EOLhyphen"/>nentia, c. 21. &amp; Georgium Calixtum de conjug. Cleric. p. 174.</note>, whether married or unmarried, or
between both; but at no hand was that kind of life to be commended: but
much less was it to be indured that men by new laws should be crush'd to
death or danger under an intolerable burden. This was the sense of the
Nicene Council. And the same thing was affirmed by <hi>Dionysius</hi> Bishop
of <hi>Corinth</hi> to <hi>Pinytus</hi> Bishop of <hi>Gnossus,</hi> 
                              <gap reason="foreign">
                                 <desc>〈 in non-Latin alphabet 〉</desc>
                              </gap>,
<hi>the heavy yoke of abstinence ought not to be
imposed upon the Brethren.</hi> And of this the<note n="*" place="margin">De vita spirit, animae u<gap reason="illegible" resp="#TECH" extent="2 letters">
                                    <desc>••</desc>
                                 </gap> supra.</note> Chancellor of <hi>Paris,</hi> a good man
and a wise, discourses gravely. <q>Christ our most wise law-giver hath left
rituals or Judicials to their choice of whom he said, <hi>He that heareth you,
heareth me;</hi> but yet so that they should know they are set over others
for edification, not for destruction: and that they should judge according
to the law of God, which is the general rule for all the professors of Chri<g ref="char:EOLhyphen"/>stian
religion under Christ who is their General Abbat; not enlarging it,
not restraining it, or making it harder then Christ expressed it when he said
<hi>his yoke is easy and his burden light.</hi> For the Prelates of the Church have
not power to bind their subjects to any things which are not delivered in
the Evangelical law professed by all Christians; they have no other autho<g ref="char:EOLhyphen"/>rity
then Abbats have over their Monks, who, according to the doctrine
of S. <hi>Thomas</hi> and other Doctors, cannot command their Monks any other
thing then what they have professed in their Rule.</q>] Now whether this
be a burden or no will need no inquiry, when there is not in all the laws
of God so much difficulty as in this very thing; insomuch that without a
special gift of God, it is impossible. I need not to prove this tell the sad
stories of some Saints who have fallen foully by the sollicitations of their
own nature; or how that youth, in which age many enter into holy Orders,
is a state of flames and danger; that S. <hi>Hierom</hi> complains of it in his own
particular, <hi>Scitis lubricum adolescentiae iter, in quo &amp; ego lapsus sum,</hi> he lost
his glory of a virgin body when he was young:<note place="margin">Epist. 43. ad Chromatium</note> but I consider that those
persons who have undertaken it, and had eminent graces, and were persons
of rare and exemplar sanctity, yet could not preserve their virgin without
almost destroying their body. <hi>Evagrius</hi> the Priest us'd to goe into a well
in a winters night, S. <hi>Bernard</hi> into a lake, to cool their burnings: S. <hi>Francis</hi>
us'd to roll his naked body in snows, S. <hi>Omar</hi> in nettles, S. <hi>Benedict</hi> upon
thorns, S. <hi>Martinian</hi> upon burning coals, to overthrow the strongest passion
by the most violent pains. And were not that law intolerable that should
command all Ecclesiastics to doe such things? They must doe these or worse:
I speak of those who have not the gift of continence. For to say that all
men have it, or may have it if they will labour and pray for it, is to speak
against reason and<note n="*" place="margin">1 Cor. 7. 7. Matth. 19. 11.</note> Scripture and experience. It is easier to give our
bodies to be burn'd for religion, then to live innocently in the state of per<g ref="char:EOLhyphen"/>petual
burning: and supposing those Saints now enumerated did by these
violent remedies keep themselves from pollution, yet it is not certain that
they took the better part when they chose ustulation before marriage, ex<g ref="char:EOLhyphen"/>pressly
against the Apostle, who not onely said, that it is better to marry
then to <hi>fornicate,</hi> but, <hi>better to marry then to burn:</hi> and that these violen<g ref="char:EOLhyphen"/>ces
did cure their burning, is so false, that they doe suppose them afflicted
with burnings, and that therefore they were constrain'd to use violent reme<g ref="char:EOLhyphen"/>dies;
for those which men invent are infinitely worse then that which God
hath appointed; so easy it was by marriage to cure what they found scarce
possible to keep from the extremest mischiefs, but not possible to doe in all
degrees, by mortifications. And therefore S. <hi>Hierom</hi> speaking of Virgins
<pb n="336" facs="tcp:58903:479"/>
that did not doe honour to their virginity by real continence, he advis'd
them,<note place="margin">Ad Demetri<g ref="char:EOLhyphen"/>ad. virg.</note> 
                              <hi>ut aut nubant si se non possunt continere, aut contineant si nolunt
nubere,</hi> that they would contain if they will not marry, or marry if they
<hi>cannot contain:</hi> not onely if they cannot contain from outward acts of
uncleanness, but even from the secret desires of it, and from burnings. <hi>Quid
enim prodest</hi> (saith he) <hi>corporis pudicitia animo constuprato?</hi>
                              <note place="margin">In Jeremiam lib. 2. cap. 7.</note> The chastity
of the body is of no profit, if the desires be burning and dishonest.
<q>
                                 <l>Casso saltem delectamine</l>
                                 <l>Amare quod potiri non licet.</l>
                              </q>
So the burning is well describ'd in the Comedy. <hi>Uri est illegitimo coitu
aut foedis cogitationibus se polluere,</hi>
                              <note place="margin">Philippicâ 18.</note> said <hi>Alfonsus Virvesius,</hi> To burn, is to
pollute our self with unlawful mixtures, or with filthy thoughts; and
these desires are not to be cur'd by mortifications and corporal austerities.
<hi>Nella guerra d' amor chi fuge vince,</hi> saith the <hi>Italian</hi> proverb. There is no
contesting against this passion; even to dispute against it is a temptation,
even to fast and to be hungry does enkindle the flame. <hi>Fames &amp; sitis ex<g ref="char:EOLhyphen"/>asperat
&amp; incendit animos,</hi> saith <hi>Seneca,</hi> Hunger and thirst make a man angry:
and anger and lust are fed by the same fuel,
<q>
                                 <l>—mea cum deferbuit ira</l>
                                 <l>Nolo prognatam consule—</l>
                              </q>
A spare and temperate diet gives no extraordinary maintenance to the
desire, and therefore it was advis'd and practis'd in all ages: but there is
enough of desire in ordinary; even that which maintains health will keep
up that natural desire; and that which destroys health, destroys charity,
and hinders us more in the service of God then it can set forward. And
S. <hi>Hierom</hi> saies that he had known them of both sexes who have by too
much abstinence turn'd mad,<note place="margin">Epist. 8.</note> and lost their wits. They that from God's
mercy have receiv'd strengths to live singly and purely, may use it as it
serves best for God's glory and the interest of their souls, and their own in<g ref="char:EOLhyphen"/>termedial
comforts. But it is to be considered, that it is not onely a gift of
God that some men can contain, but it is a peculiar gift that they will: and
it is observed by wise and good men, that this desire hath or hath not re<g ref="char:EOLhyphen"/>spectively
been inspir'd by the spirit of God in several ages of the Church
according to their present necessities; and when God gives the gift, then
every thing wil help it forward. But in the present manners and cir<g ref="char:EOLhyphen"/>cumstances
of the world, as there is no public necessity of it, so there is no
great care taken to acquire it; for there where the unequal laws of men
have brought a necessity upon their Clergy, it is with them as with those
of whom <hi>Epiphanius</hi> complains,<note place="margin">Lib. 6. haeres. 60.</note> 
                              <hi>Ut ne confundantur apud homines occultè
scortantur, &amp; sub solitudinis aut continentiae specie libidinem exercent,</hi> They
pretend purity in public, and fornicate in private. And it is certain, that such
courses are no fit means to invite the spirit of purity to invest and adorn
the Church. Neither is prayer a certain way of obtaining this gift, any more
then of the gift of a healthful or a strong body; for God requires it of
none of us directly; if accidentally he does require it, he will give him
wherewithall: but therefore the Apostle does not say, But <hi>if a man does
not contain,</hi> let him pray, but <hi>let him marry.</hi> It is sufficient that God hath
given a remedy that is easy and infallible to all that love God; and it is best
to use that remedy which is best, and was by the best Physician provided
for all that need. <hi>Oportet compati &amp; commetiri doctrinam pro virium qua<g ref="char:EOLhyphen"/>litate,
&amp; hujusmodi qui non possunt capere sermonem de castitate, concedere
nuptias,</hi>
                              <note place="margin">In Levit. l. 15.</note> said S. <hi>Cyril,</hi> Every ones strength must be measured, and so fit our
<pb n="337" facs="tcp:58903:479"/>
doctrines to their proportions, and to grant marriages to them who cannot
receive the word of <hi>Continence.</hi>
                              <note place="margin">Lib. de agone Christian. cap. 31.</note> And therefore what S. <hi>Austin</hi> said of
<hi>Widows</hi> may be exactly applied to <hi>Ecclesiastics, There are some that call
them adulterous if they marry, and so pretend themselves purer then the do<g ref="char:EOLhyphen"/>ctrine
of the Apostle, who, if they would confess their name,</hi> mundanos potius
se quam mundos vocarent, <hi>they would prove to be servants of interest rather
then of purity. For they compel the Widows [the Ecclesiastics] to burnings,
because they suffer them not to marry. But we are not to esteem them to be wiser
then the Apostle Paul, who saith, I had rather they should marry then burn.</hi>
And like to this is that of S. <hi>Hierom,</hi>
                              <note place="margin">Contra Jovin. lib. 1.</note> 
                              <hi>Si quis consideret virginem suam, i. e.
carnem suam, lascivire &amp; ebullire in libidinem, nec refraenare se potest, duplex
illi incumbit necessitas, aut capiendae conjugis, aut ruendi,</hi> He that considers his
Virgin, that is, his flesh, and observes it troublesome and boyling into de<g ref="char:EOLhyphen"/>sires,
<hi>and cannot refrain</hi> himself, hath a double necessity upon him; either
he must take a wife, or he must perish. * And therefore they that pre<g ref="char:EOLhyphen"/>tend
the gift of continence is in every mans power, should doe well to give
God thanks that they find it so in their own, but yet they should also doe
well to believe others who complain that they have it not.<note place="margin">De convers. ad Clericos cap. 29.</note> S. <hi>Bernard</hi>'s
wish was something to the same purpose of charity and security. <hi>Utinam qui
continere non valent, perfectione<g ref="char:cmbAbbrStroke">̄</g> temerariè profiteri, aut coelibatui dare nomina
vererentur; sumptuosa siquidem turris est, &amp; verbum grande, quod non omnes
capere possunt,</hi> I wish that they who cannot contain, would be afraid to pro<g ref="char:EOLhyphen"/>fess
perfection, and undertake single life: for this is a costly tower, and
a great word that all cannot receive.<note place="margin">Epist. 15.</note> 
                              <hi>Aeneas Sylvius</hi> having gotten a Lady
with child, to his Father that was troubled at it he replies, <hi>in sua potestate
non fuisse ut vir non esset,</hi> he could not help it: and when <hi>Origen</hi> had re<g ref="char:EOLhyphen"/>solved
to live continently, he found no course but one would doe it, even
by making it impossible to be otherwise; and he was followed by many,
particularly by the <hi>Valesii:</hi> and <hi>Leontius,</hi> who was afterwards chosen Bp.
of <hi>Antioch</hi> by the <hi>Arrians,</hi> having a woman in his house, one of the <gap reason="foreign">
                                 <desc>〈 in non-Latin alphabet 〉</desc>
                              </gap>
of which I spake before, being commanded to put her away, emasculated
himself that he might have leave to sleep with her: but that uncharitable
folly produc'd a good law against it. For what chastity is that, or what
service of God is it for a man to offer to God a single life when he hath
made himself naturally impotent?<note place="margin">Extrem. libro de vera Virgin.</note> It is (that I may use S. <hi>Basil</hi>'s expres<g ref="char:EOLhyphen"/>sion)
as if we should commend a horse for not hurting any man with horns.
But I observe it for this purpose, to represent upon what terms the gift of
continence was to be obtain'd by some who would fain, but by this act
shewed plainly that they could not.
<q>
                                 <l>Propterea leges quae sunt connubia contra<note place="margin">Baptista Man<g ref="char:EOLhyphen"/>tuan. in vita Divi Hilarii.</note>
                                 </l>
                                 <l>Esse malas …… prudentia patrum</l>
                                 <l>Non satis advertit … quid ferre recusat,</l>
                                 <l>Quid valeat Natura pati. Cervicibus (aiunt)</l>
                                 <l>Hoc insuave jugum nostris imponere Christus</l>
                                 <l>Noluit. Istud onus quod adhuc quamplurima monstra</l>
                                 <l>Fecit, ab audaci dicunt pietate repertum.</l>
                              </q>
And therefore those laws that command single life to so many thousands of
Priests, Italians, Spaniards, Frenchmen, which are none of the most conti<g ref="char:EOLhyphen"/>nent
nations of <hi>Europe,</hi> are a snare to those that cannot keep them, and a
burden to them that would,<note place="margin">In Matth. tract. 24.</note> and intolerable to both. So <hi>Origen</hi> complains
<pb n="338" facs="tcp:58903:480"/>
of some imperious and imprudent persons who in his time would be com<g ref="char:EOLhyphen"/>manding
single life and virginity; <hi>Non solum quae docent non faciunt, sed
etiam crudeliter &amp; sine misericordia injungunt aliis majora virtute ipsorum,
non habentes rationem virium uniuscujusque,</hi> They not onely doe not what
they teach, but cruelly and unmercifully injoyn to others things greater
then their strength, not regarding the measure of every one. For it is a
burden bigger then the weight of all the laws of Jesus Christ put together,
except to such persons who are Eunuchs by nature, or have received a par<g ref="char:EOLhyphen"/>ticular
gift of God; of which they may make use as they finde other
things concurring. For to be able to contain is one gift, and to be willing
is another; and after all, that this can promote any end of religion is but
accidental, and depends upon a special providence and Oeconomy of affairs.
It may be useful in some times, and to some persons, and to some purposes;
but of it self it is no act of religion, no service of God: and that's the next
consideration.</p>
                           <p>3. The law of coelibate is an unreasonable law,<note place="margin">18.</note> and besides that it does
very much mischief to souls, it does no good at all. For if single life have
in it any greater purity or spirituality then chast marriages, yet even that
single life is more acceptable when it is chosen and voluntary; and if it be
involuntary and constrain'd, it is not pleasing to God: so that the law in
this case does effect nothing but this, that they who are willing may loose
something of the reward, or may be uncertain whether they doe or no; and
they that are unwilling are constrained either to hypocrisy, which will bring
them an evil reward, or to a burden and slavery which shall bring them
none at all. But that which I intended is this,</p>
                           <p>4. That all this stirre is to no purpose;<note place="margin">19.</note> for Virginity is not more holy
then chast marriage, and the one does not more advance religion then the
other directly, but by accident, and in some circumstances, and as an in<g ref="char:EOLhyphen"/>strument
fitted for use in it's own time. For as S. <hi>Austin</hi> observes well,
S. <hi>Paul does modestly dehort from marriage,</hi>
                              <note place="margin">De S. Virginit. c. 16.</note> 
                              <hi>not as from an evil, but as from
a burden:</hi>] neither is his advice for all times, but for that present necessity;
neither is it to the Clergy, but to all Christians; neither is it for religion,
but for convenience; neither was it from the Lord, but from himself; no<g ref="char:EOLhyphen"/>thing
of the Gospel or spirituality, but a matter of prudence, and the ex<g ref="char:EOLhyphen"/>terior
conduct of affairs. For <gap reason="foreign">
                                 <desc>〈 in non-Latin alphabet 〉</desc>
                              </gap>, marriage
is honourable, it is so to all, and such mixtures have in them nothing that
defiles, and he that is perfect in his constitution, if he be also so much a
Virgin as to have <hi>nothing</hi> that defiles, is a rare person, but it may be not to
be found; but if he be, yet he does arrive but to that state of things in which
the married man is, even when he does actually use his greatest liberty,
he is <gap reason="foreign">
                                 <desc>〈 in non-Latin alphabet 〉</desc>
                              </gap> undefiled. Which thing if the zelots in some of the first
ages of the Church had rightly observed, they would not have been so fierce
for single life upon the account of heretical principles. For they did it
because they suppos'd marriage to be a pollution: and if they did not ex<g ref="char:EOLhyphen"/>pressly
condemn it upon that stock, yet they secretly suspected it, as not
being confident of the truth of the Apostles words, but suffering themselves
to be a little abus'd by heretical sermons, though they did not openly
joyn in their communions and professions. The Council of <hi>Gangra</hi> notes
such persons as these, that refus'd the communion from the hands of a
married Priest; but in the fourth chapter pronounces <hi>anathema</hi> against
<pb n="339" facs="tcp:58903:480"/>
them:<note place="margin">Ad Philadelph.</note> and <hi>S. Ignatius</hi> saies that they who call the society of married pairs
<hi>corruption,</hi> and <hi>pollution,</hi> have the Devil that great Apostate dwelling in
them. For what state of life can be purer then that which is undefiled?
and from whence shall we take the measures of purity but from the foun<g ref="char:EOLhyphen"/>tains
of our Saviour, from the holy Scriptures, the springs of salvation?
But to this the first ages of the Church gave apparent witness. <hi>Perfecti
Christiani edunt, bibunt, contrahunt Matrimonium,</hi>
                              <note place="margin">Lib. 7. Strom.</note> said <hi>Clemens Alexan<g ref="char:EOLhyphen"/>drinus,</hi>
Perfect Christians eat and drink and make marriages: and there<g ref="char:EOLhyphen"/>fore
the <gap reason="foreign">
                                 <desc>〈 in non-Latin alphabet 〉</desc>
                              </gap>, the perfect state of Orders is not at all impug<g ref="char:EOLhyphen"/>ned
or diminished by marriage.<note place="margin">Lib. 1. c. 11.</note> 
                              <hi>Sozomen</hi> tells of Bishop <hi>Spiridion,</hi> 
                              <gap reason="foreign">
                                 <desc>〈 in non-Latin alphabet 〉</desc>
                              </gap>,
He was a plain man, he had wife and children, but not at all the worse, not
at all hindred in Divine things. The same also is said of <hi>Gregory</hi> Bp. of
<hi>Nazianzum</hi> the Father of S. <hi>Gregory</hi> the Divine, and S. <hi>Basil, Et si matri<g ref="char:EOLhyphen"/>monio
se vinxit,</hi>
                              <note place="margin">Greg. Naz. verba ex transl. Volaterrani.</note> 
                              <hi>ita tamen in eo vixit ut nihil propeterea ad perfectam virtu<g ref="char:EOLhyphen"/>tem
ac Philosophiam consequendam impediretur.</hi> He comported himself so
in the state of marriage, that he was not at all hindred for obtaining the
perfection of vertue and [Christian] philosophy: and indeed what should
hinder him? for marriage does not. <hi>Matrimonium non solum nihil nobis
obstat ad philosophandum Deo,</hi>
                              <note place="margin">S. Chrysost. hom. 21. in Gen.</note> 
                              <hi>si voluerimus esse sobrii, sed &amp; magnam adfert
consolationem: comprimit enim insanum naturae impetum, nec turbari sinit
quasi mare, sed efficit ut scapha feliciter in portum appellet; &amp; ideo Deus con<g ref="char:EOLhyphen"/>solationem
hanc tribuit humano generi, For if men will be sober, marriage is
not onely no hindrance to Christian philosophy, but also brings great aids and
comfort. For it represses the mad violences of nature, and causes that we be
not troubled like the enraged sea, but makes the vessel arrive safely to her port;
and therefore God hath given this comfort to mankind.</hi>
                           </p>
                           <p>For although it be true that,<note place="margin">20.</note> as S. <hi>Paul</hi> saies,<note place="margin">1 Cor. 7. 34.</note> the <hi>Married cares for
the things of the world, the Unmarried for the things of the Lord; He,</hi> how he
may please his wife, <hi>This,</hi> how he may be holy both in body and in spirit;
yet this is so far from disparaging holy Marriage, or making it less consi<g ref="char:EOLunhyphen"/>stent
with the dignity and offices ecclesiastical, that in the world there is not
a greater argument to the contrary. For consider where every ones trouble,
and where their danger lies. The Married hath more necessities and more
affairs in the world, and relations to look after: which if he well provides
for according to his power, he hath indeed suffered some secular trouble;
but he hath done his duty, &amp; he is safe. But the unmarried is alone, &amp; with<g ref="char:EOLhyphen"/>out
those relations; &amp; therefore they may if they will let the things of the
world alone, and mind the present imployment, which then was the mini<g ref="char:EOLhyphen"/>steries
and attendancies Evangelical. But though they have less care of the
things of this world; yet their care which lies in another scene is a good care
indeed, but it is very great and tender, and hath in it very great danger.
<q>—poenaeque graves in coelibe vita.<note place="margin">Auson.</note>
                              </q>
The Unmarried <hi>takes care</hi> how she may be holy or clean in body and spirit.
And this is a care not onely of greater concernment then that of secular
supplies, but to most persons of extreme difficulty and danger. For it is
to no purpose to be Unmarried, unless they remain <hi>pure in body and in spirit,</hi>
that is, be free from carnal desires as well as unclean actions: and how great
a care is requir'd to this, I need not say, because all men that have tried
it know: but this care the Married need not know any thing of; for
they have by God a remedy provided for them, and they are in the holy
<pb n="340" facs="tcp:58903:481"/>
state of marriage, without that care, holy both in body and mind; so that it
is easy to say where the advantage lies. The one takes care to avoid want,
the other to avoid damnation. The one hath troubles of this world, the
other hath dangers of the other. The hardest province which the married
man hath is how to please his wife; but his affairs are so well order'd, that
he hath not such difficulties to please God as the other hath: which thing
was long since observed by S. <hi>Gregory Nazianzen,</hi>
                              <note place="margin">In fun. Gorgo<g ref="char:cmbAbbrStroke">̄</g>.</note> that indeed single life is
higher and better (if it be pure and undefiled) but it is more difficult and
more dangerous, and Marriage, which looks not so splendidly, is yet much
more safe.] But this comparison is true between persons married, and the
unmarried that have the gift of continence; for even that gift does not
exempt them from great dangers and great labours. But if there be any
burning, if there be a fire within, it is ill dwelling in the house where there
is no chimny; for that the smoak will fill every corner of the dwelling,
and at least make a perpetual trouble. But between the married, and the
unmarried that hath not the gift of continence, which is far the greatest
part of mankind, there is no comparison at all. And therefore though in
respect to that conjunction of affairs, to the beginnings of a persecuted
religion, in which many of them were to live an ambulatory life, and suffer
the spoiling of their goods, and be thrust out of their houses, the Apostle
had great reason to take care lest by the greatness and superfetations of
trouble they should be tempted to forsake, and be vext out of their reli<g ref="char:EOLhyphen"/>gion:
yet abstracting from that consideration,<note place="margin">In fun. Gorgo<g ref="char:cmbAbbrStroke">̄</g>.</note> the married estate is much
more secure for the state of souls, <hi>&amp; propter eam quae in nuptiis est animi
tranquillitatem</hi> (as S. <hi>Gregory Nazianzen</hi> affirms) and for that peace of
mind which is in chast marriages, and is not in the state of single life with
them who are perpetually fighting with a dangerous enemy, who is not
alwaies resisted, and if he be, is not alwaies put to the worst. And there<g ref="char:EOLhyphen"/>fore
it was rightly observed of S. <hi>Clemens Alexandr. As [single life, or]
Continence,</hi>
                              <note place="margin">Stromat. 3.</note> 
                              <hi>so Marriage also hath proper gifts and ministeries which pertain
unto the Lord:</hi> but at no hand ought it to be admitted that marriage does
hinder the service of the Lord; it sets it forward very much, but hinders
nothing; it may be burdensome to those who are to travel and pass from
country to country, but to them who fix in a place, and who attend the
ministeries of one people, it is no hindrance; and then to the direct service
of God in our personal piety and spiritual safety it is a very great advan<g ref="char:EOLhyphen"/>tage:
concerning which who please may read S. <hi>Gregory</hi> concerning his
mother <hi>Nonna,</hi> and the Epistles of <hi>Paulinus</hi>
                              <note n="*" place="margin">Inter Epist. Augustini. Epist. 27. &amp; 29.</note> concerning <hi>Amanda</hi> the wife
of <hi>Aper,</hi> who were to their husbands admirable advantages both in the
affairs of the world and of religion. <hi>Sanctissimus Samuel filios genuit: non
tamen justitiae suae merita minuit. Zecharias sacerdos vir justus in senectute sua
genuit filium.</hi>
                              <note place="margin">
                                 <gap reason="illegible" resp="#TECH" extent="1 letter">
                                    <desc>•</desc>
                                 </gap>uaest. Ve<gap reason="illegible" resp="#TECH" extent="1 letter">
                                    <desc>•</desc>
                                 </gap>. &amp; N. Test. qu. 127.</note> 
                              <hi>Quâ ergo ratione accusatur, quod minimè obesse probatur?</hi>
so S. <hi>Austin.</hi> To which adde the instance of S. <hi>Chrysostome</hi> upon those
words of <hi>Isai,</hi> [I saw the Lord,] <hi>Quis ista loquitur? Isaias ille spectator coele<g ref="char:EOLhyphen"/>stium
Seraphim, qui cum conjuge commercium habuit, nec tamen extinxit gra<g ref="char:EOLhyphen"/>tiam.
Samuel</hi> the most holy Prophet, and <hi>Zechary</hi> that just Priest, and
<hi>Isaiah</hi> that <hi>Seer</hi> who saw the celestial <hi>Seraphim,</hi> were not hindred from their
greatest graces, favours and perfections by the state and offices of marriage.
The event of this consideration I represent in the words of the same excel<g ref="char:EOLhyphen"/>lent
Doctor,<note place="margin">In 1 ep. Tim. hom. <gap reason="illegible" resp="#TECH" extent="1 letter">
                                    <desc>•</desc>
                                 </gap>0.</note> 
                              <hi>Quamvis nuptiae plurimum difficultatis in se habeant, it a tamen
assumi possunt ut perfectiori vitae impedimento non sint,</hi> Though marriage
have in it very much difficulty (in respect of domestic cares) yet it may be
<pb n="341" facs="tcp:58903:481"/>
so undertaken that it may be no impediment to a life of perfection. For
even in respect of secular cares and intrigues of business the single life, which
seems in this to have advantage, is not alwaies found so innocent and dis<g ref="char:EOLhyphen"/>in
tangled, and yet some times even in this very regard a married man hath
or may have advantages and ease and liberty:<note place="margin">in 1 Cor. 7.</note> 
                              <hi>Videmus virgines de seculo
cogitare, &amp; Matrimonio junctos Dominicis studere operibus,</hi> said S. <hi>Ambrose,</hi>
Men of single lives take care for the world, and we see them that are mar<g ref="char:EOLhyphen"/>ried
study the works of the Lord. And if it were otherwise, yet a law to
command single life were very imprudent; unless they could secure that
they who have no wives shall have no children. But as <hi>Lipsius</hi> said of the
Roman Senate,<note place="margin">Ad 14. Annal. n. 74.</note> who forbad their souldiers to marry, <hi>à Junone arcebant
eos, non à Venere, Romanae leges,</hi> the Roman laws forbad <hi>Juno</hi> to them, not
<hi>Venus,</hi> for <hi>Contubernii militibus semper jus,</hi> the souldiers alwaies might
have women, but no wives; so it is amongst the Roman Prelates too much:
but unless this also were so denied them, that they could have no children,
or that they who have no children shall not be sollicitous to raise a poor
family, or to increase a great, the law were very unreasonable as to this
very pretence. For that things are otherwise there where single life is
injoyn'd is too apparent, and it is complain'd of by<note n="a" place="margin">lib. de Planctu Eccl<gap reason="illegible" resp="#TECH" extent="1 letter">
                                    <desc>•</desc>
                                 </gap>s. 2. art. 15. A. D. 1330.</note> 
                              <hi>Alvarus Pelagius</hi> 300
years agoe, and by<note n="b" place="margin">in Johan. 16.</note> 
                              <hi>Platina</hi> and<note n="c" place="margin">4. dist. 27. art. 1. q. 3.</note> 
                              <hi>Bonaventure,</hi> and it is notorious in all
the Popes; divers particulars of which in the instance of <hi>Sixtus quintus</hi> are
to be seen in the excellent<note n="d" place="margin">hist. lib. 100.</note> 
                              <hi>Thuanus.</hi> I end this consideration with the
excellent words of<note n="e" place="margin">lib. 5. de Pro<g ref="char:EOLhyphen"/>vident. Dei.</note> 
                              <hi>Salvian, Novum prorsus est conversionis genus: licita
non faciunt, illicita committunt. Temperant à conjugio, &amp; non temperant à
rapina. Quid agis stulta persuasio? peccata interdixit Deus, non matrimo<g ref="char:EOLhyphen"/>nia.
This is a new and a strange kind of conversion. They will not doe lawful
things, but they commit unlawful: they abstain from marriage, but not from
rapine. O ye fools, why are ye so perswaded? God hath forbidden sins, not
marriages.</hi>
                           </p>
                           <p>Although these considerations are a sufficient explication of this in<g ref="char:EOLhyphen"/>stance
of the Rule,<note place="margin">21.</note> and verify the first intention, that single life ought not
by a law to be injoyn'd to any one order of men; yet because the instance
is of great concernment beyond the limits of this Rule, I adde that the
Apostles and the first ages of the Church not onely forbad that the Clergy
should put away their wives, but left it indifferent for any man, or any or<g ref="char:EOLhyphen"/>der
of men to marry: and therefore that it ought not now to be done by
the present guides of Churches, who have lesse reason so to doe; and if
they had a greater reason, yet they have a lesse authority. But Christ and
his Apostles left it free. Of this besides the matter and evidence of fact,
there being no law of Christ or Canon of the Apostles to restrain it, but
a plain supposition of liberty, and intimation of the thing done in the
Epistles to <hi>Timothy</hi> and <hi>Titus,</hi> there needs no other testimony but that of
<hi>Cratian.</hi>
                              <note place="margin">26. qu. 2. cap. Sors.</note> 
                              <hi>Copula sacerdotalis, vel consanguineorum, nec legali, nec Evan<g ref="char:EOLhyphen"/>gelicâ,
nec Apostolicâ authoritate prohibetur,</hi> Neither the Old Testament
nor the New, neither Christ nor his Apostles have forbidden the marriage
of Priests.<note place="margin">de Cleric. con<g ref="char:EOLhyphen"/>jug. cum olim.</note> To which agrees that of <hi>Panormitan; Continentia non est de
substantia Ordinis, nec de jure Divino,</hi> To contain from marriage is not of
Divine appointment, nor necessary to them that are in holy Orders. The
same also is affirm'd by <hi>Antoninus,</hi> as who please may see <hi>in summa, part.</hi> 3.
<hi>tit.</hi> 1. <hi>c.</hi> 21.</p>
                           <p>
                              <pb n="342" facs="tcp:58903:482"/>
Now then nothing remains to be considered but the practice of the
Church,<note place="margin">22.</note> which how far it can oblige, I have already discours'd: but sup<g ref="char:EOLhyphen"/>pose
it might in other cases, yet for the reasons above describ'd it ought to
be altered in this; for if such a law may not bind, much lesse can the pra<g ref="char:EOLhyphen"/>ctice;
and yet if the practice might, here was no Catholick practice. For as
for the whole Greek Church,<note place="margin">dictinct. 31. c. Aliter.</note> the practice of that is drawn into a <hi>compen<g ref="char:EOLhyphen"/>dium</hi>
by Pope <hi>Stephen. Aliter se Orientalium traditio habet Ecclesiarum,
aliter hujus S. R. Ecclesiae: Nam illarum Sacerdotes, Diaconi &amp; Subdiaconi
matrimonio copulantur. The tradition of the Eastern Churches is otherwise
then that of the</hi> Roman <hi>Church: For their Priests and Deacons and Sub<g ref="char:EOLhyphen"/>deacons
are joyned in marriage.</hi>
                              <note place="margin">dist. 28. cap. 8.</note> I shall therefore adde no more to this con<g ref="char:EOLhyphen"/>fession
but the Canon of the Council of <hi>Ancyra,</hi> which orders that if Dea<g ref="char:EOLhyphen"/>cons
in their ordination will professe that they cannot contain, and that they
intend to marry, they may. But if then they professe otherwise, and doe
against their profession, they must cease from their Ministery. And the
practice is to this day, that the Greek and all the Eastern Priests; are if they
please, married men, and most of them actually are so: though in the Ea<g ref="char:EOLhyphen"/>stern
Churches they always did exhort their Clergy to continence, yet
they left it to their liberty, and they always took it.</p>
                           <p>In the Latine Church,<note place="margin">23.</note> from the time of Pope <hi>Siricius,</hi> and the second
Council of <hi>Arles,</hi> which <hi>Binius</hi> makes about the same time, at the end of
the fourth Age after Christ, there were some canons provincial injoyning
single life to the Clergy; but the practice was ever against the Canon: and
as for the first 400. years or thereabouts, all had liberty to be married if
they pleas'd, so even afterwards they would take it, as they saw cause.
This we find in S. <hi>Hierom,</hi> who to <hi>Jovinian,</hi> objecting the marriage of
<hi>Samuel,</hi> answers, that this was no prejudice to the honour of the virgin-state,
<hi>quasi non hodie quoque plurimi Sacerdotes habeant Matrimonia, &amp; Apo<g ref="char:EOLhyphen"/>stolus
describat Episcopum unius uxoris virum;</hi>] for the Apostle describes a
Bishop the husband of one wife, and even at this day most Priests are mar<g ref="char:EOLhyphen"/>ried.
S. <hi>Hierom</hi> did not contend that all Priests ought to be virgins; but
that if they that could contain, would, it were much better. But by this,
the matter of fact against the law was evident.<note place="margin">de Offic. lib. 1. cap. ult.</note> S. <hi>Ambrose</hi> tells that in
most remote or private Churches the Priests did use marriage: <hi>In plerisque
abditioribus locis, cum ministerium gererent vel etiam sacerdotium, filios sus<g ref="char:EOLhyphen"/>ceperunt.</hi>
The clerical marriages were in his time almost universal: and
therefore many endeavoured to persuade single life as much as they could,
and from arguments they came to affirmations, and so to laws by little and
little; but did not prevail. For when <hi>Petrus Damiani</hi> was sent from <hi>Rome</hi>
into <hi>France</hi> to persuade the Priests to put away their wives, they defended
themselves with the Canon of the Council of <hi>Tribur</hi> in <hi>Germany,</hi> and with
the words of S. <hi>Paul,</hi>
                              <note place="margin">1 Cor. 7. 2. Baron. A. D. 1059. &amp; A. D. 1065.</note> 
                              <hi>To avoid fornication, let every man have his wife;</hi> to
which the Legate knew not what to answer. And when in the year 1074
Pope <hi>Gregory</hi> the seventh sent fierce letters to <hi>Germany</hi> about the same af<g ref="char:EOLhyphen"/>fair,
the Arch-Bishop of <hi>Mentz,</hi> to whose conduct the businesse was com<g ref="char:EOLhyphen"/>mitted,
did publish the letters, but durst not verify them; and neither by
fair means nor by foul could cause the Priests to put away their wives. And
in <hi>England</hi> till the year 1100 it was not prohibited to the Clergy to marry,<note place="margin">apud Baron. A. D. 1075.</note>
saith <hi>Henry</hi> of <hi>Huntingdon:</hi> but then <hi>Anselme</hi> endeavour'd to put the Popes
letters in execution;<note place="margin">Matth. Paris Hist. Anglor. A. D. 1125.</note> and 25 yeares after the Cardinal of <hi>Crema</hi> was sent
over to the same purpose: but because he was taken in bed with an harlot,
<pb n="343" facs="tcp:58903:482"/>
he got nothing but shame and money, and so went away. But at last, after
the attempts<note n="*" place="margin">O bo<gap reason="illegible" resp="#TECH" extent="1 letter">
                                    <desc>•</desc>
                                 </gap>e Calixte, nunc omnis elerus edit te. Nam olim Presbyteri solent <gap reason="illegible" resp="#TECH" extent="1 letter">
                                    <desc>•</desc>
                                 </gap>xoribus uti. Id praever<g ref="char:EOLhyphen"/>tisti quondam cum Papa fuisti: Ergo tibi festum nunquam celebrabit honestum. Sic non nimis fa<g ref="char:EOLhyphen"/>cunde, sed vere nimis questus est olim non nemo.</note> &amp; pressures and tyranny and arts of
an hundred and thirty years continuance (for it be<g ref="char:EOLhyphen"/>gan
in 970, and was not finished till An. Dom.
1100, as<note n="†" place="margin">Lib. 6. Hist. Angl. A. D. 970. Vide 27. q. 1. cap. ut lex. &amp; Clem. cap. li<gap reason="illegible" resp="#TECH" extent="1 letter">
                                    <desc>•</desc>
                                 </gap>e<g ref="char:EOLhyphen"/>ras de filiis Pres<g ref="char:EOLhyphen"/>byter. &amp; Inno<g ref="char:EOLhyphen"/>cent. c. ut cleri<g ref="char:EOLhyphen"/>corum. de vita &amp; honestate cleric.</note> 
                              <hi>Polydor Virgil</hi> computes it) the Clergy was
driven from their chast marriages, &amp; they took themselves to Concubines,
whom they could change or multiply, and they found themselves undistur<g ref="char:EOLhyphen"/>bed
in that; and so they rested, till God being long provok'd by their im<g ref="char:EOLhyphen"/>purest
services, awakened Christian Princes and Priests into liberty and ho<g ref="char:EOLhyphen"/>linesse
and reformation. For amongst the Canons which are called Apo<g ref="char:EOLhyphen"/>stolical,
the sixth severely forbids Bishops or Priests upon pretence of reli<g ref="char:EOLhyphen"/>gion
to put away their wives,] according to the words of Christ, <hi>What God
hath joyned, let no man put asunder;</hi> and the words of the Apostle, <hi>De<g ref="char:EOLhyphen"/>fraud
not one another, unlesse it be by consent,</hi> and <hi>for a time.</hi> And therefore
the Church of <hi>Rome,</hi> which makes orders to dissolve marriage, and com<g ref="char:EOLhyphen"/>mands
Priests which before were married to depart from their wives, speaks
and does against the practice of the Ancient Churches, and against the de<g ref="char:EOLhyphen"/>crees
of Councils, and the Canons of the Apostles, and the expresse laws
of Jesus Christ. I end this with the saying of those in <hi>Mantuan,</hi>
                              <q>
                                 <l>Tutius esse volunt quâ lex Divina sinebat</l>
                                 <l>Isse viâ, veterumque sequi vestigia Patrum,</l>
                                 <l>Quorum vita fuit melior cum conjuge, quam nunc</l>
                                 <l>Nostra sit exclusis thalamis &amp; conjugis usu.</l>
                              </q>
The old primitives and holy Bishops and Priests in the first ages liv'd bet<g ref="char:EOLhyphen"/>ter
with their wives, then now-a-days they doe without them; and there<g ref="char:EOLhyphen"/>fore
it were better to tread in their footsteps, and to walk in that way to
which we are pointed by the law of God.</p>
                           <p>One thing I am to adde which is of material consideration.<note place="margin">24.</note> For every
one observes in the story of the Church, that even then when they did per<g ref="char:EOLhyphen"/>mit
the Bishops and Priests to live with their wives and to get children, yet
the Church did even then forbid Bishops or Priests to marry after their
Ordination; and therefore many suppose that we might at least comply so
far with the Catholick Church, according as it is set down in the constituti<g ref="char:EOLhyphen"/>ons
Apostolical attributed to S.<note place="margin">lib. 6. const. Apost. cap. 17.</note> 
                              <hi>Clement,</hi>
                              <q>
                                 <hi> Non licere autem iis, si post ordina<g ref="char:EOLhyphen"/>tionem
sine uxore fuerint, ad nuptias transire: vel si uxores habuerint, cum aliis
conjungi;</hi>
                              </q> but they must be content with her whom they had at the time of
their ordination; but after orders they must not marry: and <hi>Paphnutius</hi> in
the <hi>Nicene</hi> Council, said that they did not doe it, and left it as suppos'd that
it ought not. Of this I doe not know any one that hath given a reason, or
considered it apart to any purpose; and therefore it will not be uselesse or
unpleasant if I give a short account of it.</p>
                           <p>1. Therefore the Primitive Church chose her Priests and Bishops
commonly of great age,<note place="margin">25.</note> of known vertue and holinesse. They were de<g ref="char:EOLhyphen"/>signed
to a publick and dangerous imployment, for some whole ages they
were under persecution, and the way of the crosse was a great deletery to
flesh and bloud; and therefore they might the rather require it of them
whom in these dispositions they found fit to be taken into an imployment
which would require a whole man, all his time and all his affections. Now
if we consider that the married Priests and Bishops were commanded to re<g ref="char:EOLhyphen"/>tain
their wives, and the unmarried had been tried to be of a known and
experienc'd continence, they might with much reason and great advantages
<pb n="344" facs="tcp:58903:483"/>
require that they should so remain; that is, they might ask their consent,
and might trust their promise: for here was liberty, and but little danger.
The Priests were few, and the unmarried much fewer, and their age com<g ref="char:EOLhyphen"/>monly
such as was past danger, and the publick affairs of the Church re<g ref="char:EOLhyphen"/>quir'd
it, and the men were willing; and then all was right.</p>
                           <p>2. The Greek Church,<note place="margin">26.</note> and generally the Churches of the East, did
by Custome and tradition oblige their Priests to single life, if in that state
they were ordain'd, because they took care that if they could not contain
they should take a wife before their Orders, immediately if they pleas'd,
and then enter into the Priesthood; as appears frequently in the Greek laws
and Canons, and particularly in the third Novel constitution of the Em<g ref="char:EOLhyphen"/>peror
<hi>Leo</hi> the sixth. So that this was but a circumstance of law, introduc'd
for that which they apprehended to be decent: and <hi>in matters of decency,
opinion is the onely measure.</hi> But if they might marry immediately before
their ordination and live with their wives, then it is evident they did not
believe that either the offices or the state of marriage were against the offi<g ref="char:EOLhyphen"/>ces
and state of Priesthood.<note place="margin">in quodlib. contr. Luthe<g ref="char:EOLhyphen"/>rum.</note> And this is affirm'd by <hi>Cajetan, Nec ordo in
quantum ordo, nec ordo in quantum sacer, est impeditivus Matrimonii, Nei<g ref="char:EOLhyphen"/>ther
the order nor the appendant holinesse,</hi> that is, neither the office nor it's
decency, <hi>are impeded by holy marriages.</hi>] And therefore he addes [<hi>that it can
never be prov'd by reason or by authority, that if a Priest does contract mar<g ref="char:EOLhyphen"/>riage,
he does absolutely sin; because the Priesthood does not dissolve the mar<g ref="char:EOLhyphen"/>riage,
whether contracted after or before; stando tantum in iis quae habemus à
Christo &amp; Apostolis,</hi> that is, <hi>if we keep our selves within the limits of Christs
Commandements, and the doctrine Apostolical.</hi>] And that's well enough; for
if any Church or all Churches did otherwise, the Custome was not good
for many reasons: it did dishonour to marriage, it made it to be secretly sus<g ref="char:EOLhyphen"/>pected
of some uncleannesse, it gave too much countenance to heretics who
disparag'd it, it made a snare to those who promised continence and found
it difficult or impossible, and at last it came to an intolerable mischief in
the Church of <hi>Rome,</hi> it brought in divorces, which God hates; for they
teach that Orders does dissolve Marriage, and that which Christ onely
permitted in the case of adultery, they command in the case of ordina<g ref="char:EOLhyphen"/>tion.</p>
                           <p>3. But because there are some persuasions that will not be mov'd un<g ref="char:EOLhyphen"/>lesse
they be shewn some precedents and practices of the Primitive Church,<note place="margin">27.</note>
and will always suspect it to be ill for the superior Clergy to marry after
ordination, unlesse you can tell them that some good men did so before
them, for they rely more upon example then upon rule; therefore I shall
represent that although the ancient Canons and practices did generally in<g ref="char:EOLhyphen"/>joyne
their Clergy not to marry after Orders, (before orders they might) yet
this thing did not prevail, but Deacons, Priests and Bishops, good men
and orderly, did after ordination use their liberty, as they found it necessary
or expedient.<note place="margin">Cap. 10.</note> This I have already remark'd in the case of Deacons, who
are permitted by the Council of <hi>Ancyra</hi> to marry after ordination, if at
their ordination they will not professe continence. But Bishops and Priests
did so too: which is plainly gathered from those words of S. <hi>Athanasius</hi> to
<hi>Dracontius,</hi> who refus'd to be made Bishop because he impertinently thought
it was not so spiritual a state as that of Monks, since he saw the Bishops
married men and full of secular affairs: S. <hi>Athanasius</hi> answer'd him, that he
<pb n="345" facs="tcp:58903:483"/>
might be Bishop for all that, and keep on his way as he was before: for if
that did hinder him, he let him know, that all Bishops did not enter into
the married estate, nor all Monks abstain. <hi>Multi quoque ex Episcopis Ma<g ref="char:EOLhyphen"/>trimonia
non inierunt; Monachi contrà liberorum patres facti sunt,</hi> Many
Bishops did not contract marriages. Now if none did, his answer to <hi>Dra<g ref="char:EOLhyphen"/>contius</hi>
had been more full, and would not have been omitted; but therefore
it is manifest that in his time some did. But <hi>Cassiodore</hi> gives an instance in a
Bishop and Martyr that took a wife but a little before his Martyrdome,<note place="margin">Tripart. hist. lib. 6. cap. 14.</note> 
                              <hi>Eu<g ref="char:EOLhyphen"/>psychius</hi>
of <hi>Caesarea</hi> in <hi>Cappadocia. In illo tempore ferunt Martyrio vitam fini<g ref="char:EOLhyphen"/>visse
Eupsychium Caesareensem, ductâ nuper uxore, cum adhuc quasi sponsus esse
videretur.</hi> He was first a Priest in <hi>Caesarea,</hi> but afterwards he was a Bishop;
and so he is called by S. <hi>Athanasius,</hi> who mentions <hi>Sylvester</hi> and <hi>Protogenes</hi>
Bishops of <hi>Dacia,</hi>
                              <note place="margin">Orat. contr. Arianos.</note> and <hi>Leontius</hi> and <hi>Eupsychius</hi> Bishops of <hi>Cappadocia,</hi> of
which <hi>Caesarea</hi> was the <hi>Metropolis.</hi> This <hi>Eupsychius</hi> having newly married
a wife, while he was yet but as it were a bridegroom, gave up his life in
Martyrdome for Christ. But this was no news in the Greek Church;
For Pope <hi>Stephen</hi> having affirm'd that the Greek Priests, Deacons and
Subdeacons are joyn'd in marriage, the gloss saies,<note place="margin">Dist. 31. C. aliter</note> 
                              <hi>Multi ex hac litera dixe<g ref="char:EOLhyphen"/>runt
quod Orientales possunt contrahere in sacris Ordinibus, Many from
these words have affirmed that the Easterlings can marry in holy Orders.</hi> And
it is also added by the glosse upon the same distinction, that <hi>the Greeks in
their ordinations doe promise continence neither explicitly nor tacitly:</hi> and if
that be true, there is no peradventure but very many of them marry after
their consecrations. But because the Latin lawyers and Canonists are none
of the best historians, we may better inform our selves in this particular
from the Greeks themselves: amongst whom we find that for almost two
hundred years together after the Synod in <hi>Trullo,</hi> the Greek Priests had
after their Ordination two years time for probation whether they could
bear the yoke of single life, and if they could not, they had leave to marry.
For although the Canons in <hi>Trullo</hi> had permitted them onely to stay with
the wives they had married before Orders, and commanded that they should
take none after; yet the Canon prevail'd not, but the contrary custome of
two years probation lasted till the time of the Emperor <hi>Leo</hi> the sixth, as
appears in his third Novel constitution before cited. The words are these,
<hi>Consuetudo quae in praesenti obtinet, iis qui in Matrimonio conjungi in animo
est concedit, ut antequam Uxorem duxerint, Sacerdotes fieri possint, &amp; deinde
biennium ad perficiendam voluntatem jungi Matrimonio volenti praestituit.</hi>
They took their Orders first, and then had two years time to consider
whether they would marry or no. Now this being the custome of
the whole Greek Church, in which the Bishops because of the ordina<g ref="char:EOLhyphen"/>tions
were engaged. it is evident it was not illegal or irregular, but an ap<g ref="char:EOLhyphen"/>proved
custome of the Church; though before the end of two hundred
years after the Synod in <hi>Trullo</hi> it was decreed against by an Imperial law.
What became of it afterwards I have had no opportunity to inquire; but
I find contrary relations by several persons. That which I most rely upon is
the relation of <hi>Erasmus,</hi> who in his Apology against the <hi>Parisians</hi> saies that
in <hi>Venice</hi> he saw a Greek Priest marry a wife: and in the history of <hi>Johan<g ref="char:EOLhyphen"/>nes
Magnus</hi> I find these words, <hi>Wilhelmi Cardinalis prima cura &amp; intentio
fuit revocare Suecos &amp; Gothos à schismate Graecorum in quod Presbyteri &amp;
Sacerdotes ductis publicè uxoribus consensisse videbantur,</hi> Cardinal <hi>William</hi>
endeavoured to recover the <hi>Suedes</hi> and <hi>Goths</hi> from the schism of the Greeks,
to which they seem'd to adhere when their Priests and Bishops did marry
<pb n="346" facs="tcp:58903:484"/>
wives publicly. By which it appears the Greeks did so, since the
others by so doing complied with them. And the Metropolitan of <hi>Russia</hi>
in <hi>Sigismundus Baro</hi> cals it a great error and sin in the Roman Church,
that they reject the Priests who marry wives according to the laws.
But the matter is not great; for the Church might doe what they saw
cause for.</p>
                           <p>But in the Latine Church it will be harder to find examples of Priests
marrying after Orders.<note place="margin">28.</note> Not but that there were very many that did; but
that they durst not be known to doe it. But yet some notices we have even
of this also. For Pope <hi>Innocentius</hi> the second observ'd that every where
Bishops and Priests,<note place="margin">27. q. 1. cap. ut lex.</note> and the Religious professed did marry wives after
they had purpos'd the contrary, and by a Decretal restrains it. And <hi>Ivo</hi>
Bishop of <hi>Chartres</hi> tels of a Prelate that had two harlots;<note place="margin">Epist. 200.</note> but (as it should
seem) being weary of that life, he prepar'd Matrimonial Tables for a third:
and he tels also of a Canon in the Church at <hi>Paris</hi> who did actually con<g ref="char:EOLhyphen"/>tract
marriage,<note place="margin">Epist. 201.</note> and the Bishop held it rate and firm, that it was good and
could not be dissolv'd:<note place="margin">Epist. 321. ad Johan. Fontem.</note> and we find that <hi>Aeneas Sylvius</hi> being consulted
by a Priest that was in the snare, he advis'd him actually to take a wife
and marry. For what should hinder? The law of the Church was an evil
law, made by an authority violent and usurp'd, insufficient as to that charge,
it was not a law of God, it was against the rights and against the necessities
of nature, it was unnatural and unreasonable, it was not for edification of
the Church, it was no advantage to spiritual life: it is a law that is there<g ref="char:EOLhyphen"/>fore
against public honesty because it did openly and secretly introduce dis<g ref="char:EOLhyphen"/>honesty;
it had nothing of the requisites of a good law, it had no conside<g ref="char:EOLhyphen"/>ration
of humane frailty nor of humane comforts, it was neither necessary
nor profitable nor innocent, neither fitted to time nor place nor person;
it was not accepted by them that could not bear it, it was complain'd of
by them that could; it was never admitted in the <hi>East,</hi> it was fought
against and declaim'd and rail'd at in the <hi>West,</hi> and at last is laid aside in
the Churches (especially) of the <hi>North,</hi> as the most intolerable and
most unreasonable tyranny in the world; for it was not to be endur'd, that
upon the pretence of an unseasonable perfection, so much impurity
should be brought into the Church, and so many souls thrust down to
hell. And therefore when the Latine Priests saw themselves so horribly
insnar'd, they did secretly corrode the net, which openly they durst not
tear in pieces.<note place="margin">Lib. 7. de Just. &amp; jure q. 6. art. 2.</note> And the case is clear. <hi>Dominicus a Soto</hi> observing that the
Church did not for a long time permit Priests to marry after Orders, argues
thus. The Church admitted married men to be Priests, but did not ad<g ref="char:EOLhyphen"/>mit
Priests to be married men, meaning afterwards: which thing (saith he)
relies upon no other reason but this, Because they suppos'd the use of the
marriage-bed to be inconsistent with the office and dignity of a Priest or
Bishop. For if they who were Bishops and Priests might use marriage, what
hinders them but that they might after Orders enter upon marriage?]
That's his argument. To which I reply, That it is true, the Church, which
was <hi>aemula continentiae, desirous to promote continence,</hi> did set it forwards
where she thought she might with safety, and therefore injoyn'd her Priests,
which anciently could not be ordain'd till they were almost 40. years of age,<note place="margin">Justinian. Nov. 123. cap. 13.</note>
to remain in that state in which their ordination found them: though even
this was a snare also, and could not be observed, and was not (as I have pro<g ref="char:EOLhyphen"/>ved)
yet this was not because they disapproved the conjugal society; for
<pb n="347" facs="tcp:58903:484"/>
besides that the Scripture gives it a title of honour, and calls it purity; it
was also declar'd to be chastity in the <hi>Nicene</hi> Council, who did therefore
leave married Priests &amp; Bishops to the use of it: and they who spake against
the use of marriage in Priests and refus'd to pray with married Priests, were
anathematiz'd in the Council of <hi>Gangra.</hi> And it is evident that those who
were admitted in the state of marriage to holy Orders did <gap reason="foreign">
                                 <desc>〈 in non-Latin alphabet 〉</desc>
                              </gap> beget
children. S. <hi>Gregory</hi> the Divine tels it of his Father, <hi>Gregory Nazianzen,</hi>
                              <q>
                                 <l>
                                    <gap reason="foreign">
                                       <desc>〈 in non-Latin alphabet 〉</desc>
                                    </gap>,<note place="margin">Carm. de sua vita.</note>
                                 </l>
                                 <l>
                                    <gap reason="foreign">
                                       <desc>〈 in non-Latin alphabet 〉</desc>
                                    </gap>
                                 </l>
                                 <l>
                                    <gap reason="foreign">
                                       <desc>〈 in non-Latin alphabet 〉</desc>
                                    </gap>
                                 </l>
                                 <l>
                                    <gap reason="foreign">
                                       <desc>〈 in non-Latin alphabet 〉</desc>
                                    </gap>.</l>
                              </q>
That he said he had been in holy Orders longer then the age of his son,
and yet he had also a yonger son then this <hi>Gregory;</hi> for <hi>Caesarius</hi> was his
yonger brother. <hi>Baronius</hi> contends fiercely against this instance to con<g ref="char:EOLhyphen"/>vince
the son of a Poetical fiction, or an hyperbole, or some other civil word
for a lie. But let it be as it was; yet the thing it self was infinitely evi<g ref="char:EOLhyphen"/>dent:
for as <hi>Fabianus</hi> said, Bishops and Priests did for a thousand years to<g ref="char:EOLhyphen"/>gether
in the Church live with their wives, <hi>nullâ lege prohibente,</hi> no law
forbidding it, that is, no law in force;<note place="margin">Habetur 1. Dist. 3. c. Quoniam.</note> and the Council of <hi>C P.</hi> decreed,
<hi>Si quis praesumpserit contra Apostolicos Canones aliquos Presbyterorum &amp; Dia<g ref="char:EOLhyphen"/>conorum
privare à contactu &amp; communione legalis uxoris suae, deponatur.</hi> It
is against the Canons Apostolical to forbid a Priest or Deacon the contact
and society of his lawful wife; and he that shall presume to doe it, let him
be depos'd. Now then the argument of <hi>Dominicus à Soto</hi> is very good.
If Bishops and Priests might use marriage, what hinders them from con<g ref="char:EOLhyphen"/>tracting
marriage? There is no undecency in the thing, therefore no incon<g ref="char:EOLhyphen"/>sistency
with <hi>Orders.</hi> Since therefore it is certain that the married Bishops
and Priests not onely in the Greek Church, but even in the Latine, in <hi>Ger<g ref="char:EOLhyphen"/>many,</hi>
in <hi>France,</hi> in <hi>England,</hi> where they kept their wives in despite of the
Pope for a long time, did retain the liberties and societies of marriage; there
can be nothing in the thing that can make it unfit for them to contract
marriages, to whom it is fit to use them.</p>
                           <p>There is but one thing more which I think fit to be considered in this
affaire,<note place="margin">29.</note> and that is, that there is a pretence of a vow of Continence annexed to
holy Orders; and that therefore it is not lawful for Bishops and Priests to
marry, when they have vowed the contrary. * This indeed concerns them
who have made such a vow; but not them that have not. But who made
it necessary that persons to be ordain'd should make such a vow? even they
onely that made laws against the Clergies marriage; and because they durst
not trust the laws which they made, they took order that men should be<g ref="char:EOLhyphen"/>come
a law unto themselves,<note place="margin">Alexand. 3. cap. sanè de Cler. Conjug. Vide Cajetan. opusc. tom. 1. tract. 27.</note> that they might be insnar'd to purpose. This
vow was onely introduc'd in the Latine Church, and injoyn'd to all her
Clergy. Injoyn'd, I say, against the nature of a vow, which if it be not vo<g ref="char:EOLhyphen"/>luntary,
is no vow; which includes desire in its very name and nature. But
Orders doe not include this vow in their nature, and it were intolerable that
men should be forc'd from their wives against both their wills: that's a <hi>per<g ref="char:EOLhyphen"/>secution,</hi>
not an <hi>ordination,</hi> and it is so far from being for the advantage of
the Church, that it is expressly against a Commandement of God, that
what he hath joyn'd, any man should separate: and yet we find many in the
primitive Churches by force made Priests and Bishops against their wills.
<pb n="348" facs="tcp:58903:485"/>
S. <hi>Augustin</hi> was taken at <hi>Tagasta</hi> and made Priest whether he would or no,
but he was not married; but another good man was. <hi>Pinianus,</hi> the husband
of <hi>Melania,</hi> was ordain'd against his will and the tears of his wife. <hi>Pauli<g ref="char:EOLhyphen"/>nianus,</hi>
the brother of S. <hi>Hierom,</hi> was first made Deacon by <hi>Epiphanius,</hi> and
then made Priest, and they were forc'd to stop his mouth that he might
not deny it. And can it be thought that these men did in this violence make
a vow of single life? or can these be fitting circumstances for a vow? But I
shall not insist upon the particulars of this: because if they should make
such a vow, yet if they found it to be a snare, and impossible to be kept,
they had not onely leave, but a necessity to break it. If the vow was con<g ref="char:EOLhyphen"/>strain'd
and prov'd impossible, it was the less sin in the taking, and none in
the breach of it. But if it was voluntary, it was rash, unless they had been
sure the thing had been in their power; and then if it proves not to be so,
the fault is not in the breach but in the undertaking.<note place="margin">Lib. 1. ep. 11.</note> 
                              <hi>Quod si perseverare
nolunt, vel non possunt, melius est ut nubant, quam ut in ignem deliciis suis
cadant; certè nullum fratribus aut sororibus scandalum faciant.</hi> So S. <hi>Cyprian</hi>
advises the professed Virgins. <hi>If they will not, or cannot persevere, it is better
that they marry, then fall into the fire and into burning; onely let them give no
scandal,</hi>
                              <note place="margin">Haeres. 60, &amp; Haeres. 61.</note> meaning by their unchast lives. And <hi>Epiphanius</hi> expressly, <hi>Melius
est lapsum à cursu palam sibi uxorem accipere secundum leges.</hi> If a man have
undertaken a load too heavy, and fals with it, it is better to lay it aside,
and openly to take a wife.<note place="margin">Epist. ad De<g ref="char:EOLhyphen"/>metriad. Lib. de Bono conjugal. &amp; habetur dist. 27. c. quidam.</note> The same counsel is given by S. <hi>Hierom,</hi> by
S. <hi>Austin,</hi> and by <hi>Alfonsus Virvesius</hi> a Divine of the Roman Church. To
which I shall adde nothing of my own but this, That if the holy <hi>vow of
marriage,</hi> appointed and confirm'd and accepted by God, may yet be dis<g ref="char:EOLhyphen"/>pens'd
with and annull'd, much more may the vow of virginity and single
life. If the adultery of the wife makes the husbands vow and promise to
be void; much more may his own adultery or fornication make void his
vow of single life. If for the dishonour of his house, and the introduction
of bastards into his temporal possessions, he is absolved from his vows of
wedlock which God certainly did approve and appoint; much more may
his vow be null when there is danger or ruine to his soul. A man may law<g ref="char:EOLhyphen"/>fully
live with an adulterous wife; and yet he may chuse, and his vow
does not oblige him: but he cannot safely live with burnings, he cannot
lawfully abide in fornication and uncleanness. For <hi>Who can dwell with the
everlasting burning?</hi>
                           </p>
                           <p>It were not unseasonable to consider the Ecclesiastical law against the
second marriages of Priests, or the ordaining them who have married the
second time. But this also relying upon the humor of men, who will be
more pure then God, and more righteous then the law of Christ, and more
wise then the Apostle, it may be determin'd by the same considerations.
The law is a snare, * it is in an incompetent matter, * it is a restraint of that
liberty which Christ hath left, * it cannot be fitted to time and place, and
yet remain a law; because there are so many necessities to be served, and so
many favourable cases to be consider'd, that the exceptions may be more
then the Rule. * It may also be considered that to make second marri<g ref="char:EOLhyphen"/>ages
a cause of irregularity, or incapacity of receiving holy Order, is no<g ref="char:EOLhyphen"/>thing
but a secret accusation and an open reproach to marriage; * that it
was not of use and avail in the primitive Church,<note place="margin">De Monogam.</note> 
                              <hi>Tertullian</hi> witnessing,
<hi>apud vos digami ubique praesident,</hi> in the Catholic Church Bishops twice
married doe every where govern; that <hi>Cauterius</hi> a Spanish Bishop was twice
<pb n="349" facs="tcp:58903:485"/>
married; that S. <hi>Hierom</hi> affirms that all the world was full of such or dina<g ref="char:EOLhyphen"/>tions,
not only of Deacons and Priests,<note place="margin">Epist. ad Ocean.</note> but of Bishops, and that he could
reckon so many as would excell the number of the Bishops conven'd in the
Council of <hi>Ariminum;</hi> * that S. <hi>Augustin</hi> had fornicated with two several
women, and yet he was made Priest and Bishop for all that; * and to deny
that to holy marriages which is not denied to unholy fornications, will be
a doctrine unfit for the honour of Christian<note n="a" place="margin">Glossa in Dist. 34. can. Fraternitas han<g ref="char:EOLhyphen"/>rem exhorruit. Ecce casus, ubi plus juris ha<g ref="char:EOLhyphen"/>bet luxuria quam castitas: quia castus re<g ref="char:EOLhyphen"/>pelleretur, si contraxisset cum secunda; sed fornicator non. Vide etiam S. <hi>August.</hi> Epist. 64.</note> schools;
* that the second marriage is as holy as the first; * that
it may be as necessary * and as usefull; * that it is al<g ref="char:EOLhyphen"/>ways
as lawfull; * that the Canon of the Apostle, that
<hi>a Bishop should be the husband of one wife,</hi> is intended
against plurality of wives at once, and marrying after divorces, both which
were usual amongst the Jews and Greeks and Romans, and could not at first
be taken away from the new-converted Christians; * that it was so expound<g ref="char:EOLhyphen"/>ed
by S. <hi>Chrysostom,</hi>
                              <note place="margin">in locum Apost. 1 Tim. 3.</note> 
                              <hi>Theodoret,</hi>
                              <note n="b" place="margin">ad Ocean. tom. 2. Lib. 3. cap. 2.</note> S. <hi>Hierom,</hi> and divers others, but especi<g ref="char:EOLhyphen"/>ally
by the Greek Fathers; * that not onely the first marriages are blessed
by God, but the second and the third, as S. <hi>Austin</hi> observes; * that S. <hi>Cle<g ref="char:EOLhyphen"/>mens</hi>
of <hi>Alexandria</hi> affirmed, that <gap reason="foreign">
                                 <desc>〈 in non-Latin alphabet 〉</desc>
                              </gap>,
<hi>Digamy after a vow to the contrary is
an irregularity, not for the contact and conjunction, but for the lye;</hi> * that
the Church of <hi>Rome</hi> does without scruple frequently ordain them that have
been twice married, if they will pay the price appointed in the Chance<g ref="char:EOLhyphen"/>ry
tax,<note place="margin">Spalat. l. 2. cap. 10. n. 75.</note> as is witnessed by one that knew very well; * that if the Apostle had
forbidden it by a Canon, yet that Canon did no more oblige the descending
ages of the Church then the other Canons which we see broken in every
Church, according to their reason or their liberty; * that in the Primitive
Church they were not very sollicitous about the affaires of marriage, be<g ref="char:EOLhyphen"/>cause
they suppos'd the end of all things was at hand:<note place="margin">Tertull. ubi suprá.</note> 
                              <hi>Crescite &amp; multipli<g ref="char:EOLhyphen"/>camini
evacuavit extremitas temporis;</hi> * that it was a blot in the face of the
Primitive Church that they would not blesse second marriages; * that it
was most rationally and elegantly complained of by S.<note place="margin">Serm. 66. in Cantica.</note> 
                              <hi>Bernard;</hi> * that se<g ref="char:EOLhyphen"/>cond
marriages are not a signe of incontinence but the cure, * or if they
were a signe of an incontinent body, they are a sure signe of a continent
mind, that will at no hand admit any uncleannesse; * that a great liberty per<g ref="char:EOLhyphen"/>mitted
is infinitely to be preferr'd before a little prevarication of a Divine
law, * and therefore that second marriages are to be permitted to the Cler<g ref="char:EOLhyphen"/>gy,
rather then evil thoughts, or the circles of an inward fire; * that the
prohibition of the ordination of persons after the second marriages did
rely upon the opinions of holinesse that was in the Ecclesiastical order above
the lay purity, and the unholinesse of marriage in respect of single life;
* that in whatsoever sense the former can be true, yet the latter is a branch
of <hi>Montanisme,</hi> and a product of the heresy of <hi>Tatianus;</hi> * that <hi>Theodoret</hi>
did ordain <hi>Irenaeus</hi> that was twice married; * that he defends the fact by the
consent and suffrages of the Bishops of <hi>Phoenicia,</hi> * &amp; saies that he insisted in
the footsteps of his Ancestors, * &amp; produces for his precedent, <hi>Alexander</hi> of
<hi>Constantinople, Acacius</hi> of <hi>Beroea,</hi> and <hi>Praylus</hi> of <hi>Caesarea,</hi> who ordained
<hi>Domnus</hi> after his second marriage; * that the chief of the Diocese of <hi>Pontus</hi>
did so, * and all the Bishops of <hi>Palestine;</hi> * that they accounted it holy ac<g ref="char:EOLhyphen"/>cording
to the opinion and doctrine of their Nation, * for so we read in
<hi>Maimonides,</hi> 
                              <q>Although a man have fulfilled the precept concerning the
multiplication of mankind,<note place="margin">Halach I sho<gap reason="illegible" resp="#TECH" extent="2 letters">
                                       <desc>••</desc>
                                    </gap>. cap. 15.</note> yet neverthelesse it is prescribed in the sayings
of the Scribes, that no man should cease from the multiplication of his kind,
<pb n="350" facs="tcp:58903:486"/>
so long as he can well continue it; for whosoever shall adde a soul to <hi>Israel.</hi>
is like him that buildeth up the world. And it is moreover in the sayings
of the wise men, that a man should not keep a house without a wife, lest
he be provok'd by lust.</q> * It may also be considered that he that burns had
better marry, though he have been already married, and though he be a
Bishop; * that the virgin or widow estate is no where commanded, but that
in some cases marriage is, as in that of burning; * that in Scripture no cha<g ref="char:EOLhyphen"/>stity
or continence is requir'd of a Bishop but the Matrimonial; * that
<hi>Abraham</hi> the Father of the faithfull was married again after the death of
<hi>Sarah;</hi> * that S. <hi>Joseph</hi> the supposed Father of our B. Lord was by the
Ancients said to be twice married; * and lastly, that it is confessed that
the forbidding second marriages to the Clergy, and refusing to ordain such
as have been twice married, is neither of the law of nature, nor any ar<g ref="char:EOLhyphen"/>ticle
of faith, nor any necessity of the Sacrament; it is onely a constitution
of the Church, which as the Pope binds on, so he may take off as he
please, as is affirmed by<note n="a" place="margin">Quodl. 4. Art. 13.</note> 
                              <hi>Aquinas,</hi>
                              <note n="b" place="margin">in Sent. 4. dist. 27. q. 4.</note> 
                              <hi>Durandus,</hi>
                              <note n="c" place="margin">in 3. part. tom. 3. disp. 24. cap. 5.</note> 
                              <hi>Gabriel Vasquez</hi> and others:
and therefore this law also ought to be cancell'd; but if it be not annull'd by
expresse revocation, it is unjust, and unreasonable, and unnecessary, and a
snare to consciences, and is not the circumstance of a thing commanded,
but of that which ought to be left at liberty, and therefore is no measure or
proper band of conscience; but to us it is an obligation neither in conscience
nor in law. But
<q>
                                 <l>Haec ideo volui nostris intexere chartis,<note place="margin">Mantuan.</note>
                                 </l>
                                 <l>Ut quoties Patres….coeunt</l>
                                 <l>Sint memores, magno ad leges opus esse ferendas</l>
                                 <l>Ingenio, multis oculis, examine recto.</l>
                              </q>
I have given these instances not onely to fix the Conscience in these great
inquiries, but by these to explicate the measures of the Rule.</p>
                        </div>
                     </div>
                  </div>
                  <div n="5" type="section">
                     <head>§. V. Of Ecclesiastical Laws of FAITH, or Articles of confession.</head>
                     <div n="21" type="rule">
                        <head>RULE XXI. The Catholic Church is a witnesse of Faith, and a
record of all necessary truths; but not the Mi<g ref="char:EOLhyphen"/>stresse
and Ruler of our Creed; that is, cannot
make any laws of Faith.</head>
                        <p>IN our inquiries of faith we doe not run to the Catholic Church desiring
her to judge our questions;<note place="margin">1.</note> for she can never meet together; and she is too
great a body to doe single acts and make particular sentences: but to her
we run for conduct, by inquiring what she believes, what she hath receiv'd
from Christ and his Apostles. So that the Authority of the Catholic
Church is resolved into Catholic tradition. Whatsoever can be made to ap<g ref="char:EOLhyphen"/>pear
to have been by the Apostles taught, &amp; consigned to the Church, that
is a law of faith. But of this I have already given accounts.<note n="*" place="margin">lib. 2. Chap. 3. Rule 14.</note> The Catho<g ref="char:EOLhyphen"/>lic
Church, taking in the Apostolical, that is, the Church of all ages, is a
<pb n="351" facs="tcp:58903:486"/>
witnesse beyond exception. For if she have the Spirit of God, if she love
truth, and if she doe not consent to deceive her self, she cannot be deceiv'd
in giving testimony concerning matter of fact and actual tradition: or if she
could, yet we are excused in following that testimony, because we have no
better, we have no other. Better then our best, and better then all we
have, we cannot be oblig'd to use: but therefore we have the justice and the
goodnesse, our own necessity and the veracity of God for our security, that
this is a sure way for us to walk in. But then when this is reduc'd to pra<g ref="char:EOLhyphen"/>ctice
in matters of belief, it will come to this onely, That she bears witnesse
to the Scriptures, that they are the word of God; but beyond what is con<g ref="char:EOLhyphen"/>tain'd
in Scripture, she hath no article of faith.</p>
                        <p>The consequent of this which I have largely prov'd and explicated in
the place above cited,<note place="margin">2.</note> is, that all her Sermons and all her explications of
doctrines must be by that measure. If it be agreeable to Scripture, it is that
which she hath received: but if she hath not received it, she cannot make a do<g ref="char:EOLhyphen"/>ctrine,
nor deliver a proposition with authority, nor oblige the conscience.</p>
                        <p>But this Rule if it be understood of the Catholic Church of this or
any one present age,<note place="margin">3.</note> will not signify so much: for unlesse the Tradition be
delivered in a constant succession from the Apostles, the Church is not a
certain witnesse, but makes her self a Judge of truth; which she can never
doe, but by relating to the Scriptures, by shewing there it is, in the Code
which she hath received. But when any doubt does arise concerning any
matter of belief, the Catholic Church hath no solemn Court of judica<g ref="char:EOLhyphen"/>ture
or place of resort where a single person may goe for determination.
And if a question be between Church and Church, as between <hi>Rome</hi> and
<hi>England,</hi> the question is, which is the Catholic Church; for indeed nei<g ref="char:EOLhyphen"/>ther
of them is: and there is no such thing then as a Catholic Church to
determine the question: as when the head and the belly, the mouth and the
armes fell out, the whole body could not be judge of the controversy; but
if they had had a rule, thither they might goe to be guided. And if it be
asked, who shall expound the rule, there is no other answer to be given,
but to desire men to be good and humble, to pray to God, and without par<g ref="char:EOLhyphen"/>tiality
to desire truth; and then every man will be able to answer his own
question. For if the Rule be hard, it is hard to them that are not willing and
soft and compliant; but not to the gentle and the humble, to them that fol<g ref="char:EOLhyphen"/>low
God in simplicity and whithersoever he will lead them.</p>
                        <p>But it is to be considered that the Church is a Net that hath in it <gap reason="illegible" resp="#TECH" extent="1 letter">
                              <desc>•</desc>
                           </gap>ishes
good and bad,<note place="margin">4.</note> it is a field of corn and tares; and but that the Apostles were
guided by an infallible spirit, there could have been no certainty: bu<gap reason="illegible" resp="#TECH" extent="1 letter">
                              <desc>•</desc>
                           </gap> then
after them there was no more to be look'd for; what they left we were to
use, but to look for no more. For the Catholic Church never was since
the Apostles time without error. By Catholic Church, I doe not mean
the right believing part of the Church, (for in questions of faith the dis<g ref="char:EOLhyphen"/>pute
was which was the right believing part) but I mean all that professe
the faith of Christ, who when they are divided will never allow the op<g ref="char:EOLhyphen"/>posite
party to be their Judge: and therefore it cannot be suppos'd that God
should appoint one to be the Judge, who must always be suppos'd a party,
and will never be accepted by the other, unlesse he had given infallibility
to that one part, and we had all known it. To the Apostles he did, and
<pb n="352" facs="tcp:58903:487"/>
they were the fountains of tradition: but when they were gone, the onely
way that was left was to see what they left, and to that every part was to
conform; but neither part was Judge, except onely for themselves: and in
this every part ought to be trusted, because they onely had the biggest con<g ref="char:EOLhyphen"/>cern
to take care that they be not deceived. No man or company of men
was charged with them; every Government was charg'd with it's own care
and conduct.</p>
                        <p>But I shall not insist upon this,<note place="margin">5.</note> because it can be of no use in the con<g ref="char:EOLhyphen"/>duct
of conscience. Because if ever there be a dispute in the Church, there
is no Catholic Church to which we can goe: and if we call that the Ca<g ref="char:EOLhyphen"/>tholic
Church which is the greater part, that may deceive us; for in the
days of <hi>Elias</hi> almost all <hi>Israel</hi> had corrupted himself, and in the time of the
<hi>Arrians</hi> almost all the world was <hi>Arrian;</hi> and at this day a very great part
of the Catholic Church is stain'd with the horrible errors and follies of
Popery: and besides our notices are so little and narrow of the belief of
Christendome, our entercourses so small, our relations so false, our informa<g ref="char:EOLhyphen"/>tions
so partial, that it is not possible for us to know what is the belief of the
major part. It is not known at this day by the Doctors of the <hi>Roman</hi>
Church what is the practice of the Greek Churches in the Marriage of
their Priests, nor what is their doctrine of Purgatory, nor of the processi<g ref="char:EOLhyphen"/>on
of the holy Ghost, as appears in their disputes &amp; contrary narratives of
these particulars. We cannot tell in <hi>England</hi> at this day whether the <hi>Lu<g ref="char:EOLhyphen"/>theran</hi>
Churches have right Ordinations and perfect succession of Bishops
in their Churches. I have endeavoured very much to inform my self in
the particular, and am not yet arrived to any certain notice of it. This
therefore, to appeal to the sense of the major part of the Church in a que<g ref="char:EOLhyphen"/>stion,
will signify nothing at all as to our conscience.</p>
                        <p>Especially if to this we adde,<note place="margin">6.</note> that the Churches have got a trick of
Empire and imposing their sometimes false, and always unnecessary arti<g ref="char:EOLhyphen"/>cles
upon all of their communion; and then the faith of the Church will
depend upon the opinion of the chief and principals: and then their belief
will be like a rumour spread from a few mouths into the ears of millions,
who, though they all tell the same story, yet are no more credible for their
multitude then the first reporters were for their authority. Nay in most
places men dare not speak what they think, and dare not believe what they
find dangerous, and dare not inquire into what they dare not disbelieve; so
that if you had been at <hi>Trent</hi> and ask'd the Fathers, it would have signified
nothing: for whatever their belief was, they were born down by the Con<g ref="char:EOLhyphen"/>gregations,
and the Congregations by the Legates, and the Legates by the
Pope; and that's the Catholic Church.</p>
                        <p>It remains therefore that we are from the Catholic Church to ex<g ref="char:EOLhyphen"/>pect
no other determination of our questions,<note place="margin">7.</note> but by conveying to us no<g ref="char:EOLhyphen"/>tice
of the doctrines Apostolical. And this is often and largely discours'd
and taught by<note n="a" place="margin">Lib. 3. cap. 40. &amp; lib. 5. c. 20. lib. 4. cap. 63, &amp; 43.</note> S. <hi>Irenaeus,</hi> by S. <hi>Clement</hi>
                           <note n="b" place="margin">Lib. 3. cap. 12.</note> in <hi>Euse<g ref="char:EOLhyphen"/>bius,</hi>
by<note n="c" place="margin">de Prae<g ref="char:EOLhyphen"/>script. &amp; contr. Marcion. l. 4.</note> 
                           <hi>Tertullian,</hi> by<note n="d" place="margin">In prooem. l. 1. <gap reason="foreign">
                                 <desc>〈 in non-Latin alphabet 〉</desc>
                              </gap>.</note> 
                           <hi>Origen,</hi>
                           <note n="e" place="margin">Epist. ad Pompei.</note> S. <hi>Cyprian,</hi>
                           <note n="f" place="margin">Ad S<gap reason="illegible" resp="#TECH" extent="1 letter">
                                 <desc>•</desc>
                              </gap>rap. de Spir. S.</note> S. <hi>A<g ref="char:EOLhyphen"/>thanasius,</hi>
                           <note n="g" place="margin">Serm. cont. Sab. &amp; Arrium.</note> S. <hi>Basil,</hi>
                           <note n="h" place="margin">Haeres. 31.</note> 
                           <hi>Epiphanius,</hi>
                           <note n="i" place="margin">Adv. Lucifer.</note> S. <hi>Hierom,</hi>
                           <note n="k" place="margin">Contr. Faust. Manich. lib. 11. cap. 2.</note> S.
<hi>Austin,</hi> and<note n="l" place="margin">Cap. antepenult.</note> 
                           <hi>Vincentius Lirinensis:</hi> what they could
derive from the fountains Apostolical by a clear
chanel and conduit, that was first, and that was true,
<pb n="353" facs="tcp:58903:487"/>
and that was in the rule, and that was the measure of faith. And there<g ref="char:EOLhyphen"/>fore
when in the Council of <hi>Ephesus</hi> the Epistle of <hi>Capreolus</hi> the Bishop of
<hi>Carthage</hi> was read for the establishment of antiquity, and the reproof of
the new doctrines, all the Bishops cried out, <hi>Hae omnium voces sunt, haec
omnes dicimus, hoc omnium votum est.</hi> This was the voice of them all,
they all said the same thing: and what was that which they all affirm'd, <hi>nisi
ut quod erat antiquitus traditum, teneretur? quod adinventum nuper, explo<g ref="char:EOLhyphen"/>deretur?</hi>
saith <hi>Vincentius, that what is ancient and at first deliver'd, that
should be held; that which is lately invented should be exploded.</hi> For the
Church cannot determine questions by way of judgment and authority,
but by way of attestation, and as a witnesse onely of the doctrine Aposto<g ref="char:EOLhyphen"/>lical.
There is nothing else necessary, and nothing else is practicable.</p>
                     </div>
                     <div n="22" type="rule">
                        <head>RULE XXII. The Decrees of General Councils are of great use in
the Conduct of Conscience, but not the proper
measure, or last determination of matters of be<g ref="char:EOLhyphen"/>lief.</head>
                        <p>I Before<note n="*" place="margin">Rule 14.</note> considered <hi>Councils</hi> as they had acquir'd an accidental autho<g ref="char:EOLhyphen"/>rity
by the veneration of their age,<note place="margin">1.</note> and their advantage of having been
held in the elder ages of the Church: Now I consider them in their own
proper and immediate pretence. I then consider'd them in order to Go<g ref="char:EOLhyphen"/>vernment,
but now in order to faith: for Councils Ecclesiastical have pre<g ref="char:EOLhyphen"/>tended
to a power over the conscience, so as to require both the obedience
of the will, and the obedience of the understanding. Concerning which
I am to say, that Nothing can oblige to Divine faith but a Divine autho<g ref="char:EOLhyphen"/>rity:
to which Councils can no more pretend for being General, then for
being Provincial; and to which great assemblies have no other title or pre<g ref="char:EOLhyphen"/>tence
of promise then the private congregations of the faithfull, who
though but two or three, yet shall be assisted by the Divine presence. But
General Councils are so wholly of humane institution, that though by the
dictate of right reason and natural wisedome they are to be conven'd; yet
to make them a formal judicatory, and to give them a legislative power or
a dominion and magistery in faith, there are so many conditions requir'd
both to their indiction and convention, to their constitution and integrity,
to their conduct and proceeding, to their conclusion and determination,
that men are not to this day agreed about any one of them; and therefore
they cannot be a legal judicatory obliging any but them that doe consent,
and so oblige themselves.</p>
                        <p>But yet they are of great use for inquiry and consultation:<note place="margin">2.</note> and there<g ref="char:EOLhyphen"/>fore
<hi>Eusebius</hi> speaking of <hi>Constantine</hi> the Emperour,<note place="margin">lib. 3. de vi<gap reason="illegible" resp="#TECH" extent="1 letter">
                                 <desc>•</desc>
                              </gap>a Constant. c. 6.</note> says of him, <hi>Conci<g ref="char:EOLhyphen"/>lium
generale tanquam Dei exercitum instruens, in unum locum coegit.</hi> A Ge<g ref="char:EOLhyphen"/>neral
Council is God's army; and being a representative of the Church in
the same degree as it is General and rightly called, and rightly order'd,
and rightly proceeding, it partakes of the Churches appellation; it is <hi>acies
<pb n="354" facs="tcp:58903:488"/>
ordinata, terrible as an army with banners.</hi> Let them be as many as it hap<g ref="char:EOLhyphen"/>pens,
<hi>in the multitude of Counsellors there is safety;</hi> that is, they are more
likely to understand truth then single persons, for they are not so soon pre<g ref="char:EOLhyphen"/>judic'd
and corrupted: as a river is harder to be poyson'd or to be turn'd
aside, then a pail of water or a dish-full; but if it be, it is so much the worse.
But if they proceed rightly they are excellent helps, and some of them
have done great good to the Church, and some have done great mischief;
and which have, and which have not, we are to inquire by other instru<g ref="char:EOLhyphen"/>ments:
so that we are to judge concerning them, and then they are to be
guides to us; that is, we consider which are fittest to be followed, of which
we judge by General and extrinsic considerations, and then we follow them
in the particular inquiry; that is, we follow them because we think they
followed the Apostles, and were faithfull witnesses of their doctrine. Which
indeed is an excellent benefit which we may receive by the first and most
Ancient Councils, which were near the fountains: they could trace all the
new pretences up to their original, they discussed the doctrines in their pro<g ref="char:EOLhyphen"/>vinces,
they heard what any one could say, they carried it to the General as<g ref="char:EOLhyphen"/>sembly,
they compared it with the tradition and doctrine of other Chur<g ref="char:EOLhyphen"/>ches,
and all together were able very well to tell how the Apostles had
taught the Churches of their foundation. And because the four first Ge<g ref="char:EOLhyphen"/>neral
Councils did, or are suppos'd to have done so, therefore they have
acquir'd a great, but an accidental authority, and are accepted by the most
part of Christendome, and made into humane laws of faith, and the mea<g ref="char:EOLhyphen"/>sures
of heresy. Such use as this the conscience can make of the Anci<g ref="char:EOLhyphen"/>ent
Councils; but beyond this or some such good use as this the conscience
is at no hand oblig'd to follow their determinations as the sentence of a
competent judge, but as of an authentick witnesse, when it can appear or
be credible that it can be so, and is so. And this was the very thing that S.
<hi>Athanasius</hi> affirm'd of the <hi>Nicene</hi> Council,<note place="margin">de Synod.</note> 
                           <hi>Siquidem Nicaena Synodus non
temere habita est, ut quae habeat gravissimos usus &amp; legitimam rationem.</hi>
The <hi>Nicene</hi> Synod was of great use. They met about the question of
Easter and the <hi>Arian</hi> heresy. <hi>Sed in negotio Paschatis non abhorruerunt ab
istiusmodi appendice. Ibi enim placuit ut adderetur, Visum est ut omnes ob<g ref="char:EOLhyphen"/>temperarent.
De Fide verò non scripserunt, Visum est; sed ad istum modum,
Credit Catholica Ecclesia: &amp; statim confessio ipsa credendi adjuncta est, ut
ostenderent eam non esse novam sententiam, sed Apostolicam, &amp; quae ipsi scrip<g ref="char:EOLhyphen"/>sissent
non esse sua inventa, sed Apostolorum documenta. But in the matter
of Easter,</hi> because it was a ritual, and the circumstance of time and the
unity of order, <hi>they decreed, that every one should obey. But in the matter of
Faith they did not write so, that they appointed every one to obey, but in this
manner, The Catholick Church believes: and then they adjoyn'd the confession of
Faith, to shew that the doctrine was not new, but that it was Apostolical, it was
that which they wrote, but nothing of a later birth.</hi> To any other purpose
neither the Council of <hi>Nice</hi> nor the Council of <hi>Ariminum</hi> is of any use or
authority: save onely it is the sentence of so many men, and is to be received
according to the credibility of the men, or the reasonablenesse of the article.</p>
                        <p>But then let it be considered,<note place="margin">3.</note> to what the authority of a Council will
amount according to the sentence of most men. The Doctors of the
Church of <hi>Rome</hi> (a few onely expected) say that a Council, if it be not con<g ref="char:EOLhyphen"/>firmed
by the Pope, hath no authority. Upon this account, if they say
true, every Council is fallible, and therefore no rule or guide of faith: for
<pb n="355" facs="tcp:58903:488"/>
unlesse it can be deceiv'd, why should it be submitted to the judgment of
the Pope? and if it can be deceived, it cannot bind, because it cannot secure
the conscience. But the others that are not of the <hi>Roman</hi> party say, a
Council is then not deceiv'd, when it delivers the doctrine of Christ and his
Apostles, and speaks consonantly to Scriptures: and if a single Doctor
does so, he is to be believ'd. What then? wheres the difference? This
onely is it, That it is more likely a Council shall find out the truth, and re<g ref="char:EOLhyphen"/>port
the tradition; and if we be to chuse our faith by guesse and probability,
a Council is better then a single Doctor, by so much as there are many
more then one Doctor in it. But this will onely serve the turn till men are
willing or at leisure to inquire: this onely excepted; because few men can
judge, and most men are rul'd by others, all such persons can have nothing
better to rule and determine them then a General Council: but then it is an
argument of reason, and not of authority; it is not because they are bound,
but because it is most reasonable in their circumstances.</p>
                        <p>I should here have considered of what authority the writings of the<note place="margin">4.</note>
Fathers are to the interpretation of Scripture and the conduct of con<g ref="char:EOLhyphen"/>science:
but because I find onely the same use of them as of other learned
men in all ages of the Church, save onely in those things where they are
witnesses of the Apostolical doctrines, to which they best can give testimo<g ref="char:EOLhyphen"/>ny
who are the most Ancient,<note place="margin">S. August. E<g ref="char:EOLhyphen"/>pist. 48. &amp; E<g ref="char:EOLhyphen"/>pist. 111. Vide Gratian. dist. 9. Cyril. Hier. Catech. 4. S. Hieron. Ep. 19. &amp; Ep. 76.</note> and because themselves disclaim any autho<g ref="char:EOLhyphen"/>rity
in matters of faith, and call to be tried by the word of God; I had ra<g ref="char:EOLhyphen"/>ther
this thing should be read in others then in my self: because it is matter
of envy and reproach to tell why they cannot be relied upon; and to adde
more reputation to that authority which they have acquir'd by many inter<g ref="char:EOLhyphen"/>vening
causes, by reason, and by unreasonablenesse, would be matter of
danger, and sometimes the causes of error, and very often of a deceitfull
confidence. But who please may see this uncertainly disputed, and never
concluded to any certaintly, by<note n="*" place="margin">Praefat. in comment. de Locis com. l. 7. c. 3. concl. 3, &amp; 4.</note> 
                           <hi>Cajetan</hi> on one side, and <hi>Melchior Canus</hi> on
the other. He may also consider the saying of the<note n="†" place="margin">Concion. in Epist. ad Rom. cap. 14. pag. 606.</note> Bishop of <hi>Bitonto,</hi> that
he preferr'd the sentence of one Pope before a thousand <hi>Hieroms,</hi> and a
thousand <hi>Augustines</hi> &amp; <hi>Gregories;</hi> and that every side declines their arbitra<g ref="char:EOLhyphen"/>tion
when they speak against them: by which it appears that no side supposes
themselves to be bound in conscience to follow them.</p>
                        <p>But the best use of them is that which the Church of <hi>England</hi> hath
describ'd in one of her ancient Canons,<note place="margin">5.</note> that her Bishops and Priests should
teach nothing <hi>nisi quod ex doctrina Veteris &amp; Novi Testamenti veteres Pa<g ref="char:EOLhyphen"/>tres
&amp; Ecclesiae Episcopi collegerint, but what the Fathers &amp; ancient Bishops of
the Church have gathered out of the doctrine of the Old and New Testament:</hi>
which Canon gives a very good answer to this inquiry if we should enter
into it. For it declares that the Fathers are so far to be followed as they
follow Scripture, and that their writings are of great use for the reproof of
new doctrines: and certainly if Preachers were confin'd to this measure,
possibly we might misse some truths which now it may be we find; but it is
certain we should escape very many errors. For the rest, I refer my reader
to the Archbp. of <hi>Spalato de rep. Eccles. lib.</hi> 7. <hi>c.</hi> 6. to <hi>Rivet</hi>'s <hi>Prolegomena</hi>
to his <hi>Criticus Sacer,</hi> to <hi>Daniel Tossanus</hi> his <hi>Synopsis de legendis Patribus,</hi> to
<hi>Gregory de Valentia</hi> his <hi>analysis fidei,</hi> to Bishop <hi>Morton</hi> his Catholick Apolo<g ref="char:EOLhyphen"/>gy,
and to D <hi>Whittaker de Script, authoritate.</hi> In this whole affair the con<g ref="char:EOLhyphen"/>science
is at liberty, and therefore I am here to inquire no further.</p>
                     </div>
                     <div n="23" type="rule">
                        <pb n="356" facs="tcp:58903:489"/>
                        <head>RULE XXIII. Subscription to articles and formes of confession in
any particular Church, is wholly of Political con<g ref="char:EOLhyphen"/>sideration.</head>
                        <p>WHen forms of confession are made,<note place="margin">1.</note> &amp; public articles established, it
is of great concernment not onely to the reputation of the Govern<g ref="char:EOLhyphen"/>ment,
but to the unity and peace of that Christian community, that they
be not publicly oppos'd. To this purpose we find so many subscriptions
to the Decrees of Councils, by Princes and Prelates and Priests and Dea<g ref="char:EOLhyphen"/>cons,
by Prefects of Cities and Governours of Countries; it was an in<g ref="char:EOLhyphen"/>strument
of unity and peace, a declaration of their consent, and at no hand
to be reprov'd, unlesse it be in a false article, or with tyranny to consciences,
or to maintain a faction. But that which the Government looks after is,
that no new Religions be introduc'd to the public disturbance; of which
the <hi>Romans</hi> were so impatient, that they put to death a Noble Lady, <hi>Pom<g ref="char:EOLhyphen"/>ponia
Graecina,</hi>
                           <note place="margin">lib. 3. cap. 7.</note> 
                           <hi>utpote novae cujusdam religionis ream,</hi> saith <hi>Tacitus, as being
guilty of a new religion.</hi> Now to prevent this, Subscription is invented,
that is, an attestation of our consent; which if it be requir'd by the supreme
authority, it may be exacted in order to peace and unity: and <hi>Tacitus</hi> tells
that <hi>Apudius Muraena</hi> was degraded from the dignity of a Senator because
he refus'd to subscribe to the laws of <hi>Augustus.</hi> This is the same case, for
subscription serves no other end but that which is necessary in Govern<g ref="char:EOLhyphen"/>ment.
We find in <hi>Polydore Virgil</hi> that the Ancient Kings of <hi>England</hi>
at their inauguration,<note place="margin">de Rerum in<g ref="char:EOLhyphen"/>ventor. l. 4. cap. 12.</note> 
                           <hi>Silicem tenebant juraturi per Jovem, se religionem
&amp; ritus Patrios retenturos, haec verba loquentes, Si sciens fallo, tunc me Di<g ref="char:EOLhyphen"/>espiter
salvâ urbe arcéque bonis omnibus ejiciat; They swore by Jupiter that
they would keep the religion and their Country rites, and curs'd themselves if
they did not.</hi> This was more then Ecclesiastical subscription: for that bound
them to it for ever; this onely gives witnesse of our present consent, but
according to it's designe and purpose, for the future it binds us onely to the
conservation of peace and unity.</p>
                        <p>For though it may be very fitting to subscribe a confession of articles,<note place="margin">2.</note>
yet it may be very unfit that we swear always to be of the same mind; for
that is either a profession of infallibility in the authority, or in the article,
or else a direct shutting our heart against all further clarity and manifesta<g ref="char:EOLhyphen"/>tions
of the truths of God. And therefore subscription ought to be so in<g ref="char:EOLhyphen"/>tended,
that he who hath subscrib'd may not perceive himself taken in a
snare: but yet he that subscribes must doe it to those purposes and in that
sense and signification of things which the supreme power intends in his
commanding it; that is, at least, that he who subscribes does actually ap<g ref="char:EOLhyphen"/>prove
the articles over-written; that he does at that time believe them to
be such as it is said they are; <hi>true,</hi> if they onely say they are true, <hi>usefull,</hi>
if they pretend to usefulnesse, <hi>necessary,</hi> if it be affirm'd that they are ne<g ref="char:EOLhyphen"/>cessary.
For if the subscriber believes not this, he by hypocrisy serves the
ends of public peace and his own preferment.</p>
                        <p>
                           <pb n="357" facs="tcp:58903:489"/>
But this whole affair is to be conducted with some warinesse,<note place="margin">3.</note> lest
there come more evil by it then there can come good. And therefore al<g ref="char:EOLhyphen"/>though
when articles are fram'd, the Sons of the Church ought to sub<g ref="char:EOLhyphen"/>scribe
them for public peace, in case they doe heartily approve them; yet
such articles ought not to be made and impos'd, unlesse they of themselves
be necessary, and plain by a Divine Commandement. And this was the
advice of <hi>Melanchthon.</hi>
                           <note place="margin">in Epist. &amp; Consiliis theo<g ref="char:EOLhyphen"/>logicis.</note> 
                           <hi>Ut sit igitur discordiarum finis, rectè facit potestas
obligans homines ut obtemperent, quando alioqui parere est necesse,</hi> The su<g ref="char:EOLhyphen"/>preme
power may then command men to subscribe to such articles, which
it is necessary that they should believe. But if God have not commanded
us to believe them, no humane power can command us to professe them.</p>
                        <p>Beyond what is necessary or very usefull,<note place="margin">4.</note> unlesse peace be concerned
in the publication of the article and it's establishment, it is but weakly and
impertinently concerned in the subscription. For if the peace of the
Church be safe without the article, how can it be concern'd in the consent
to it and profession of it, excepting onely by an accidental and a necessity
superinduc'd by themselves and their own imprudent forwardnesse, or itch
of Empire over consciences? If an article be contested publicly, and is
grown into parties and factions, and these factions cannot be appeased with<g ref="char:EOLhyphen"/>out
decision of the question, then the conformity is as usefull to peace as
the sentence and determination was; and then there is nothing else to be
considered, but that the article be true, or believ'd to be so. But to them
that are so perswaded, it is necessary they obey, if they be requir'd to sub<g ref="char:EOLhyphen"/>scribe;
and the supreme power hath authority to require it, because it is
one of their greatest duties, to govern and to rule in peace. But these
things can seldome happen thus without our own fault: but when they
doe, there is inconvenience on all sides; but that which is least must be
chosen.</p>
                        <p>When articles are established without necessity,<note place="margin">5.</note> subscription must be
requir'd without tyranny and imperiousnesse. That is, it must be left to
the liberty of the subject to professe or not to professe that doctrine. The
reason is plain. In things not certain in themselves no man can give a law
to the conscience, because all such laws must clearly be Divine Commande<g ref="char:EOLhyphen"/>ments:
but if the conscience cannot be bound to the article, and the professi<g ref="char:EOLhyphen"/>on
serves no necessary end of the Common-wealth, then God does not bind,
and man cannot: and therefore to bring evil upon men that doe not believe
the article, and dare not professe to believe what they doe not, is injustice
and oppression, it is a law of iniquity; and therefore it is not obligatory to
conscience, and no humane authority is sufficient for the sanction and impo<g ref="char:EOLhyphen"/>sition.
<hi>Socrates</hi> was wont to say,<note place="margin">apud Stobaeum</note> 
                           <hi>Sacramentum oblatum duabus de causis fide
firmandum: vel ut teipsum à turpi suspicione liberes, vel ut amicos ex magnis
periculis eripias.</hi> When you are requir'd to give faith and security by a sa<g ref="char:EOLhyphen"/>crament,
oath or subscription, there are two cases in which you must not
refuse: when thou thy self art suspected, and canst no otherwise purge thy
self; and when any of thy relations is in danger, that is, when it is for good
to thy self or thy friends. But when there is no necessity of faith, and no
public need to be served, the causes that besides these injoyn subscription
are fond persuasions, and indiscreet zeal, and usurped Empire over con<g ref="char:EOLhyphen"/>sciences:
in which cases the Ecclesiastic state hath no power to give Com<g ref="char:EOLhyphen"/>mandements;
and if the Civil state does, they oblige to suffering calamity,
<pb n="358" facs="tcp:58903:490"/>
but not to any other conformity, and then it is a direct state of persecution.</p>
                        <p>Upon the account of this Rule it hath been of late inquir'd,<note place="margin">6.</note> whether
it can be lawfull for any man to subscribe what he does not believe to be
true, giving his hand to public peace, and keeping his conscience for
God.</p>
                        <p>But to this the answer is easy,<note place="margin">7.</note> if subscription does signify approbati<g ref="char:EOLhyphen"/>on;
for in that case it is hypocrisy, and a denying to <hi>confesse with the mouth,
what we believe with the heart.</hi> But if subscription were no more then the
office of the Clerk of the Signet or of a Council, who in form of law is to
signe all the acts of Council, then the consideration were different. For
he that is a public officer, and interposes the signature of the Court, not
as the account of his own opinion, but as a formality of the Court, all the
world looks upon it as none of his personal act, but as a solennity of law,
or an attestation of the act of the Council. But in subscription to articles of
confession, or censure of Propositions as heretical, every Ecclesiastic that
subscribes does it for himself, and not for the Court. <hi>Lubens &amp; ex animo
subscripsi:</hi> that's our form in the Church of <hi>England. Consentiens sub<g ref="char:EOLhyphen"/>scripsi:</hi>
so it was in the ancient Councils,<note place="margin">Epist. 124. ad Alipium.</note> as S. <hi>Austin</hi> reports; I consent to
the thing, My mind goes along with it. But in this case the whole affair is
put to issue in this one particular, which I touch'd upon before. If the in<g ref="char:EOLhyphen"/>tention
of the Superior be to require our assent to be testified by subscripti<g ref="char:EOLhyphen"/>on,
he that subscribes does professe his assent, and whatever he thinks him<g ref="char:EOLhyphen"/>self,
it is the intention of the imposer that qualifies the subscription. S.
<hi>Austin</hi> tels of a Senator that upon his parol went to treat for his ransome
or exchange,<note place="margin">ubi suprá.</note> and promised to return to them again in case he could not ef<g ref="char:EOLhyphen"/>fect
it. But he going from the army pretended to have forgot something,
and came back presently, and then departed. But telling his story to the
<hi>Roman</hi> Senate, and pretending himself quit of his promise because he went
back presently, they drave him out of the Senate; because they regarded
not what he had in his head, but that which the enemy intended when they
made him swear to return.</p>
                        <p>But the effect of these considerations will be this,<note place="margin">8.</note> That no particular
Church ought with rigor to require subscriptions to articles which are not
evidently true, and necessary to be profess'd; because in the division of hearts
that is in the world, it is certain that some good men may dissent, and then
either they shall be afflicted, or be tempted to hypocrisy: of either of which
if Ecclesiastic laws be guilty, they are not for edification, they are neither
just nor pious, and therefore oblige not.</p>
                        <p>But if for temporal regards the supreme power doe require subscripti<g ref="char:EOLhyphen"/>on,<note place="margin">9.</note>
those temporal regards must be complied with, so that the spiritual in<g ref="char:EOLhyphen"/>terest
of souls and truth be secur'd. And therefore the next good thing to
the not imposing uncertain and unnecessary articles is, that great regard be
had, and great ease be done to wise and peaceable dissenters.</p>
                        <p>And at last,<note place="margin">10.</note> in such cases, let the articles be made with as great latitude
of sense as they can; and so that subscriptions be made to the form of
words, let the subscribers understand them in what sense they please which
the truth of God will suffer, and the words can be capable of. This is the
<pb n="359" facs="tcp:58903:490"/>
last remedy, but it is the worst; it hath in it something of craft, but very
little of ingenuity; and if it can serve the ends of peace, or of external cha<g ref="char:EOLhyphen"/>rity,
or of a phantastic concord, yet it cannot serve the ends of truth and
holinesse, and Christian simplicity.</p>
                     </div>
                  </div>
               </div>
               <div n="5" type="chapter">
                  <head>CHAP. V<hi rend="sup">th</hi>. Of Laws Domestic: or the power which Fathers of Fami<g ref="char:EOLhyphen"/>lies
have to bind the Consciences of their Relatives.</head>
                  <div n="1" type="rule">
                     <head>RULE I. Children are bound to obey the laws and Com<g ref="char:EOLhyphen"/>mandements
of their Parents in all things dome<g ref="char:EOLhyphen"/>stical,
and in all actions personal relating to the
family, or done within it.</head>
                     <p>
                        <seg rend="decorInit">T</seg>HE word of the Commandement is <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>, which signifies
<hi>to be</hi> or <hi>to make weighty;</hi>
                        <note place="margin">1.</note> but in <hi>Piel</hi> it signifies <hi>to honour,</hi>
that is, <hi>Honour your Parents,</hi> and doe not lightly account
of them: But in Levit. 19. 3. the word is <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap> 
                        <hi>fear thy
Mother and thy Father.</hi> They signify the same event of things,
for a reverential fear is honour, and they both imply obe<g ref="char:EOLhyphen"/>dience.
And there are three great endearments of this
which make it necessary, and make it as absolute as it can be. The one is
that our Parents are to us in the place of God:
<q>
                           <gap reason="foreign">
                              <desc>〈 in non-Latin alphabet 〉</desc>
                           </gap>
                        </q>
said the Greek Comedy,<note place="margin">Hugo de S. Vi<g ref="char:EOLhyphen"/>ctore lib. 1. de Sacram. c. 7.</note> 
                        <hi>Suppose your Parents to be to you as God. Haec
enim paternitas est nobis Sacramentum &amp; imago Divinae paternitatis, ut
discat cor humanum in eo principio quod videt, quid debeat illi principio à
quo est, &amp; quod non videt. For the Fathers power is a Sacrament and image
of the Divine Paternity, that a man may learn by the principle of his Being
which he sees, what he owes to the principle of his Being which he sees not:</hi> and
<hi>Plato</hi> saies there is no image by which we can worship God so well as our
Fathers,<note place="margin">lib. 2. de Legib.</note> our Grandfathers and our Mothers. And therefore it is impiety
to dishonour or disobey our Parents, and it is piety when we pay our duty
to them. The same word signifies religion to God, which expresses this du<g ref="char:EOLhyphen"/>ty.
<hi>Parentes not amare,</hi>
                        <note place="margin">Seneca l. 3. de Benef. c. 1.</note> 
                        <hi>impietas est; non agnoscere, insaniae.</hi> For as there are
two great crimes which we commit properly against God, <hi>Impiety</hi> or Irre<g ref="char:EOLhyphen"/>ligion,
and <hi>Atheisme:</hi> so there are these two crimes against our Parents. He
that does not honour and revere them is impious or irreligious; and he that
will not acknowledge them is Atheistical, that is, like the Atheists, he
denies the principle of his Being. And therefore upon that of <hi>Virgil,</hi>
                        <q>Huc Pater O Lenaee veni—<note place="margin">in lib. 2. Georg.</note>
                        </q>
                        <pb n="360" facs="tcp:58903:491"/>
                        <hi>Servius</hi> observes that the Heathens called all their Gods by the name of
Fathers: and an injury done to our Father is said to be done to God, accor<g ref="char:EOLhyphen"/>ding
to that of <hi>Menander,</hi>
                        <q>
                           <l>
                              <gap reason="foreign">
                                 <desc>〈 in non-Latin alphabet 〉</desc>
                              </gap>,</l>
                           <l>
                              <gap reason="foreign">
                                 <desc>〈 in non-Latin alphabet 〉</desc>
                              </gap>.</l>
                        </q>
He that reviles and speaks evil of his Father<note n="*" place="margin">In verbis per totam vitam parentes venerari maximè decet, levium enim volatiliumque verborum gravissima imminet poena. <hi>Plato.</hi> l. 4. de repub.</note>, does blas<g ref="char:EOLhyphen"/>pheme
God; for
<q>
                           <l>
                              <gap reason="foreign">
                                 <desc>〈 in non-Latin alphabet 〉</desc>
                              </gap>.</l>
                        </q>
God is the Great Father of the world, and therefore he hath by great<g ref="char:EOLhyphen"/>est
religion immur'd the Fathers honour.
<q>Et Jovis imperium &amp; chari praecepta parentis, Edocet….</q>
Next to God is our duty to our Father.</p>
                     <p>2. The second endearment of our duty,<note place="margin">2.</note> obedience and regard to pa<g ref="char:EOLhyphen"/>rents,
is <hi>gratitude;</hi> which here hath the greatest obligation, and is to this
purpose remark'd by all laws and by all wise men of the World.
<q>Omnis in Ascanio chari stat cura Parentis.</q>
All their love and all their care is for their dear boy. The child is a part
of his parents, a tender part, but under custody and a guard; and the state
of descent and succession from parents or children is called <hi>Suitas</hi> in the
law: and there is so much of a Father in his child, that if a Father and a
Son be partners in a crime, and refuse to confesse it before torments, the
law commands the Son first to be tormented; <hi>Charles</hi> the second, the Em<g ref="char:EOLhyphen"/>peror,
did so; as knowing that the Father will confesse rather then endure
to see his son tormented: and when the Father does confesse upon the tor<g ref="char:EOLhyphen"/>ment
of his son,<note place="margin">l. 1. in fi. C. si rect. provi. in 2. lec.</note> the Father is said to be <hi>confessus in tormentis,</hi> said <hi>Baldus,
he confessed in his own torments.</hi> And as long as the Son is in prison, the Fa<g ref="char:EOLhyphen"/>ther
is not accounted free in law: and the Fathers sins are then punish'd,
when the child is made sick, or unfortunate. So that the government of
children is no otherwise then as a mans will governs his own hand &amp; foot;
over which, always supposing him to abide within the limits and inclinations
of nature, that is, to love and cherish them, and in no sense to hate them,
in all other he hath an intire power of command.</p>
                     <p>3. The third endearment of childrens obedience is the power of bles<g ref="char:EOLhyphen"/>sing
and cursing which God hath given to Parents,<note place="margin">3.</note> and which himself by
his providence and great Oeconomy will verify. <hi>The Fathers blessing
establisheth the houses of children</hi>
                        <note place="margin">Ecclus. 3. 10.</note> 
                        <hi>but the curse of the Mother rooteth out foun<g ref="char:EOLhyphen"/>dations,</hi>
saith <hi>Ben-Sirach.</hi> And S. <hi>Paul</hi> exhorting children to obey their pa<g ref="char:EOLhyphen"/>rents,<note place="margin">Ephes. 6. 2, 3.</note>
saies it is <hi>the first Commandement with promise,</hi> that is, the first to
which any special promise is annexed, the promise of longaevity in the land
of promise. <hi>Benedictio merces obedientiae est,</hi> saith <hi>Elias Cretensis,</hi> The
Fathers blessing is the reward of the sons obedience. But it is observable
that the original word in the fifth Commandement is of active significati<g ref="char:EOLhyphen"/>on,
<hi>Honour thy Father and thy Mother</hi> that <hi>they may prolong</hi> thy days upon
the Earth; that is, saith <hi>Paulus Fagius,</hi> thy parents are Gods ministers and
instruments, the chanels and conveyances of the Divine blessing: for God
hears the prayers of Fathers and Mothers blessing their obedient children,
or cursing their disobedience;<note place="margin">Ezek. 22. 7.</note> insomuch that <hi>Ezekiel</hi> reckons their disobe<g ref="char:EOLhyphen"/>dience
to their parents to be to the Jewes the cause of their banishment
from their own Country. <hi>Suidas</hi> tells that <hi>Leontius</hi> the Bishop of <hi>Tripolis</hi>
in <hi>Lydia</hi> seeing his onely son of an ill nature and apt to mischief, prayed
<pb n="361" facs="tcp:58903:491"/>
to God that his son might die yong, lest he should fall into impiety: and God
heard the Fathers prayer.
<q>
                           <gap reason="foreign">
                              <desc>〈 in non-Latin alphabet 〉</desc>
                           </gap>,</q>
                        <hi>The curses of parents are grievous upon the earth.</hi>
                        <note place="margin">Orpheus. Plato lib. 11. de Leg.</note> And this was observed a<g ref="char:EOLhyphen"/>mong
the Heathens in the sad examples of the children of <hi>O Edipus, Amin<g ref="char:EOLhyphen"/>tor</hi>
and <hi>Theseus,</hi> who grew miserable upon their Fathers curses; and there<g ref="char:EOLhyphen"/>fore
<hi>Telemachus</hi> was afraid to cast his Mother out of <hi>Ulysses</hi> house, lest she
should curse him. And this was it that brought servitude or slavery into
the world; God having in one of the fountains of mankind, in the great
Patriarch of the world, consign'd a sad example that for ever children should
be afraid to dishonour their parents, and discover their nakednesse, or re<g ref="char:EOLhyphen"/>veal
their turpitude, their follies and dishonours.</p>
                     <p>To these I need not adde their natural necessity,<note place="margin">4.</note> their disability to help
themselves, their obnoxiousnesse to every evil, their defencelesse condition,
the miseries and calamities and infirmities by their want of wisedome, all
which at first doe infinitely endeare obedience, and make it necessary: but
I remember that this very thing was of great value amongst the Ancients,
and they did use to tell this fable to their children to teach them to obey
their parents. <q>An old Lion, amongst other precepts that he gave his
son, charg'd him that he should never fight with a Man, because if he
was not too strong, he would at least be too crafty. The young Lion
heard him, but regarded him not, but therefore as soon as ever he was
full grown, hastens abroad to seek a man to be his enemy. He came into
a field, and saw a yoke of oxen standing ready furnish'd to plow, and ask<g ref="char:EOLhyphen"/>ing
them if they were men, they said, No, but that a man had put those
yokes upon them. He left them and went aside, and espying a horse
bridled and tied to a tree, ask'd if he were a man. He was answer'd, No,
but a man had bridled him, and would by and by come to ride him, for a
man was his Master. At last he finds a man cleaving wood, and ask'd
him: and finding him to be so, told him he must then prepare to fight
with him. The man told him, With all his heart, but first desired him to
help to draw the wedge out of that tree, and then he would. The yong
Lion thrusts in his paws, and a little opens the tree till the wedge fell out,
and the tree clos'd upon his feet by it's returning violence. The man
seeing the lion fastned, and the lion seeing himself entrap'd, the man
cried out to his Neighbours to come to his help; and the lion to escape
his danger tore his feet from the tree, and left his nailes and bloud be<g ref="char:EOLhyphen"/>hind
him, and returning with shame and smart to his old Father said to
him, <hi>Mi Pater, si paruissem monitis tuis ungulas non amisissem, I had not
lost my nailes if I had obeyed my Fathers commandement.</hi>
                        </q> For the com<g ref="char:EOLhyphen"/>mandements
of parents being for the good of their children, he cannot be
prosperous that will not obey his Father. That was their meaning.</p>
                     <p>But concerning the duty it self there is no question;<note place="margin">5.</note> nothing is plain<g ref="char:EOLhyphen"/>er,
nothing is easier: but concerning the limits and administration of this
power there is very great difficulty; the Scripture speaking either indefi<g ref="char:EOLhyphen"/>nitely
or universally, either of which does equally need a limit and specifi<g ref="char:EOLhyphen"/>cation.
<hi>Children, obey your parents in all things,</hi> saith S. <hi>Paul:</hi> and if that
all were absolutely all, there were no difficulty in the understanding it; but
infinitely difficult it would be to observe it, and reconcile it with our other
duties and just interests. And just so is that law which by the consent of all
<pb n="362" facs="tcp:58903:492"/>
the world is represented as universally, <hi>Liberi quacunque in re parentibus
dicto audientes sunto;</hi>
                        <note place="margin">Trinum. Act. 3.</note> and he in the Comedy, <hi>Pater adsum, Impera quodvis,
neque tibi ero in mora, Here am I my Father, Command me any thing, nei<g ref="char:EOLhyphen"/>ther
will I resist.</hi> But this any thing and this every thing, is but any thing
and every thing of a certain kind; which if we can establish upon certain
measures, we have one great line more for the conduct of conscience.
The Divines and Lawyers reduce the issues of this relation to three heads,
1. Reverence, 2. Animadversion, 3. Piety.</p>
                     <div type="part">
                        <head>Of Reverence to Parents.</head>
                        <p>And first it is certain whatever can be signified by honour and fear
and reverence is the duty of children;<note place="margin">6.</note> that is, so far as to think honoura<g ref="char:EOLhyphen"/>bly
of them, to speak well of them, to conceal their faults, to excuse them
to others, to comport themselves with reverence and great regard before
them.
<q>
                              <gap reason="foreign">
                                 <desc>〈 in non-Latin alphabet 〉</desc>
                              </gap>,</q>
                           <hi>Above all things have your parents in honour:</hi> and this is to be express'd ac<g ref="char:EOLhyphen"/>cording
as the parents shall require, and according to the customes of the
nation and the most pious and obedient in it; for <hi>vultu quoque laedi pieta<g ref="char:EOLhyphen"/>tem,</hi>
was an old rule, A child may be rude and undutifull in his very looks;
and he deserves to be punished with blindnesse, <hi>qui parentum vultus torvo
visu despexerit, &amp; elatis oculis laeserit pietatem,</hi> saith S. <hi>Hierom,</hi> who by
proud looks and scornfull eyes is impious to his parents. But this duty is
well describ'd by <hi>Theophilus</hi> to <hi>Autolycus, Sanctum &amp; laudabile censetur,
non solùm apud Deum sed &amp; apud homines, videlicet ut in simplicitate &amp;
absque omni malitia subjiciamur parentibus.</hi> Children must be subject to
their parents without all malice perversenesse, and in all simplicity, that
is, <gap reason="illegible" resp="#TECH" extent="1 letter">
                              <desc>•</desc>
                           </gap>ngenuity of words and manners. And when <hi>Ptolemy</hi> asked one of the
72 translators of the Bible how a son should pay due thankfulnesse to his
parents, he was answer'd, <hi>Si nullâ re illos tristitiâ affeceris,</hi> If you grieve
them in nothing. That's the surest measure.</p>
                        <p>The next thing that is also certain in this is,<note place="margin">7.</note> that all the good Coun<g ref="char:EOLhyphen"/>sels
and precepts of holinesse and wisedome which the parents give, it is ne<g ref="char:EOLhyphen"/>cessary
the children should observe; and besides that the not observing them
is a sin against the special Commandements, it is also a sin of disobedience,
and a rebellion against the Fathers authority. So the Father in the Comedy
urges his authority,
<q>
                              <l>Feceris par tuis caeteris factis,<note place="margin">Plaut. Trinum. Act. 3.</note> Patrem</l>
                              <l>Tuum si percoles per pietatem. Nolo ego cum improbis te viris,</l>
                              <l>Gnate mi, neque in via, neque in foro ullum sermonem exequi.</l>
                              <l>Haec noctes diesque tibi canto ut caveas</l>
                              <l>…..meo modo, &amp; moribus vivito antiquis:</l>
                              <l>Quae ego tibi praecipio, haec facito: haec tibi</l>
                              <l>Si mea Imperia capesses, multa bona in pectore consident.</l>
                           </q>
Keep good company, avoid the debaucheries of the present times, live as I
command, and as your forefathers did live; and if to these purposes you sub<g ref="char:EOLhyphen"/>mit
to my government, good things shall dwell within you.</p>
                        <p>
                           <pb n="363" facs="tcp:58903:492"/>
But we find amongst the Ancients some little instances of this honour
and reverence besides obedience specified.<note place="margin">8.</note> The Ancients would not with<g ref="char:EOLhyphen"/>out
leave goe from the presence of their Father: so he in the Comedy,
<q>
                              <l>—neque latebrosè me abs tuo</l>
                              <l>Conspectu occultabo—<note place="margin">Trinum. ubi supr.</note>
                              </l>
                           </q>
* They would not conceal from their parents the entercourses and acci<g ref="char:EOLhyphen"/>dents
of their youth, their amours, their mistresses, their designes of mar<g ref="char:EOLhyphen"/>riage,
their little plots, and advantages or disadvantages.
<q>
                              <l>Quae fert adolescentia</l>
                              <l>Ea ne me celet consuefeci filium:</l>
                           </q>
that is, they accounted it part of the honour due to their parents, to tell
them truth in all things where they were interrogated, or suspected.
<q>
                              <l>Nam qui mentiri aut fallere insuerit Patrem,<note place="margin">Terent. Adelph Act. 1. Scen. 1.</note> aut</l>
                              <l>Audebit, tanto magis audebit caeteros.</l>
                           </q>
He that lies before his Father dishonours him, and commits two sins; he
transgresses two commandements. * Adde to this, they counted it impie<g ref="char:EOLhyphen"/>ty
to steal any thing from their parents.<note place="margin">ibid.</note>
                           <q>
                              <l>Egon' Patri surripere possim quidquam tam cauto seni?</l>
                              <l>Atque adeo si facere possem, pietas prohibet.</l>
                           </q>
That is, whatever was a single injury if done to a stranger,<note place="margin">Prov. 28. 24.</note> was double if
committed against their parents: for as to doe good to them was piety as
well as charity, it was religion and justice too; so to doe any evil to them
is to doe them dishonour, and expressely against the fifth Commandement.
These are the first general measures, and the indication of very many par<g ref="char:EOLhyphen"/>ticulars.</p>
                        <p>But there is one great measure more,<note place="margin">9.</note> and that is, that specification of
the duties of this Commandement which we find in the laws of Nations
and the consent of all wise men, and particularly of those with whom we
doe converse, and by whom we are governed. For our parents have a
double power over us, one by the law of Nature, and the other by the Ci<g ref="char:EOLhyphen"/>vil
law; that is, there are some duties which children doe owe to their pa<g ref="char:EOLhyphen"/>rents,
which are primely and indispensably necessary, others which are spe<g ref="char:EOLhyphen"/>cifications
and instances of a general duty, but such which may suffer in<g ref="char:EOLhyphen"/>crease
and diminution, but are necessary by virtue of a Divine Commande<g ref="char:EOLhyphen"/>ment
when they are bound upon us by the laws of our Country; because
these are of the nature of those things whose natures can be chang'd by be<g ref="char:EOLhyphen"/>coming
laws, and are reduc'd under the Category of their proper ver<g ref="char:EOLhyphen"/>tues.
The particulars I shall draw out of the laws of Nations, from the
Civil and Canon laws, reducing them to distinct rules shall describe their
several obligations of the conscience: and they relate to the other two parts
of parental power, signified by <hi>Castigation</hi> and <hi>Piety.</hi>
                        </p>
                     </div>
                  </div>
                  <div n="2" type="rule">
                     <pb n="364" facs="tcp:58903:493"/>
                     <head>Of Castigation, or the Coercitive power of Parents.
 RULE II. Fathers have a power to chastise their offending
children, but not a power of life and death.</head>
                     <p>IN the laws of <hi>Romulus</hi> and <hi>Numa,</hi>
                        <note place="margin">1.</note> Fathers had a power three times to
sell their children, and a power to put them to death in certain cases: and
they attribute much of the prosperity of their city to this permission, no<g ref="char:EOLhyphen"/>thing
being a better instrument to make good citizens, then by making them
good sons: it being very unlikely that ever he should command well abroad,
that knows not well how to obey at home.
<q>
                           <l>Quicunque patrem timet ac reveretur,</l>
                           <l>Hic in bonum civem evadet proculdubio,</l>
                        </q>
said <hi>Timocles,</hi> He that fears and obeys his Father, without
a good citizen<note n="*" place="margin">Si quis in<g ref="char:EOLhyphen"/>
                           <gap reason="illegible" resp="#TECH" extent="5 letters">
                              <desc>•••••</desc>
                           </gap> fuerit in parente <gap reason="illegible" resp="#TECH" extent="1 word">
                              <desc>〈◊〉</desc>
                           </gap> Magi<g ref="char:EOLhyphen"/>stratuum s<gap reason="illegible" resp="#TECH" extent="2 letters">
                              <desc>••</desc>
                           </gap> in<g ref="char:EOLhyphen"/>capax Xenoph. l. 2. <gap reason="illegible" resp="#TECH" extent="1 word">
                              <desc>〈◊〉</desc>
                           </gap> &amp; fact. <gap reason="illegible" resp="#TECH" extent="1 word">
                              <desc>〈◊〉</desc>
                           </gap>
                        </note>. And therefore it
was observed by <hi>Dionysius Halicarnasseus</hi> that amongst the <hi>Greeks,</hi> Contu<g ref="char:EOLhyphen"/>macy,
Impiety and Parricide were very common; and he gives this rea<g ref="char:EOLhyphen"/>son,
because <hi>Charondas, Pittacus</hi> and <hi>Solon</hi> did by their laws give the
Fathers no great power over their children. But I said that the <hi>Ro<g ref="char:EOLhyphen"/>mans</hi>
did, and those great examples of <hi>Titus Manlius, C. Flaminius, C.
Cassius,</hi> who put their sons to death, were indeed very severe, but did
imprint great terrors upon all the <hi>Roman</hi> youth. <hi>Bodinus</hi> thinks this
to be a natural and unalterable power; and <hi>Aerodius</hi> supposes that God
would not have commanded <hi>Abraham</hi> to kill his son, but that it was a part
of his ordinary and inherent power; and when <hi>Judah</hi> commanded his
daughter in law <hi>Thamar</hi> to be brought forth and burn'd for her adultery,
it gave indication that he by his supreme paternal power in the family had
power of life and death. And of this there is no question in the heads of
families, where the Father is a Patriarch, the fountain of his nation, or of his
society, and under the command of no superior: for the <hi>paternal power</hi> is
the fountain of the <hi>Royal;</hi> and <hi>Abimelech</hi> was nothing but <hi>the King my Father.</hi>
                     </p>
                     <p>But when families were multiplied,<note place="margin">2.</note> though Fathers were fitter to be
trusted with the severest power then any other sort of interested persons,
yet because this might fall into disorder, God was pleas'd in the law of
<hi>Moses</hi> so to order this affair, that the Fathers power should not be dimi<g ref="char:EOLhyphen"/>nished,
&amp; yet the execution of it and the declaration of the sentence should
be trusted to the Judge. For if a Father found his son stubborn, rebelli<g ref="char:EOLhyphen"/>ous,
disobedient, a glutton or a drunkard, all which are personal crimes, and
against the private authority and counsel of the Father,<note place="margin">Deater. 21. 18.</note> the Father and the
Mother might delate him to the Judge, and without further proof but their
own testimony he was to be ston'd to death. Drunkennesse &amp; gluttony were
in no other cases capital in the law of <hi>Moses,</hi> but when joyn'd with rebellion
or disobedience to their parents. And like to this proceeding in <hi>Moses</hi> law
was the processe in the <hi>Persian</hi> Monarchy. For <hi>Aelian</hi> tells that when
<pb n="365" facs="tcp:58903:493"/>
                        <hi>Rhaco</hi> the <hi>Mardian</hi> brought <hi>Cartomes</hi> his son with his hands bound behind
him to <hi>Artaxerxes,</hi> desiring that the Prince would command him to be slain,
because he was impudent, he was naught, he was a villain; the <hi>Persian</hi>
King ask'd him if he could find in his heart to see his son die with violence.
The Father replied, I have in my garden a goodly lettice, fat and wanton
and full of leaves. When I find any of them luxuriant, proud and exor<g ref="char:EOLhyphen"/>bitant,
though it be a part of the body I cut it off; and so I doe to what<g ref="char:EOLhyphen"/>soever
is bitter and superfluous, and my lettice is the sweeter for it, it does
not bewail the losse of it's bad leaves, but thrives the better. Think the
same of me, O King; for though he be par'd away that hurts my family,
that gives ill example to his Brothers, my stock will be the more thriving,
florid and fruitfull in all good things.] By this instance we perceive that
when Fathers had not power to put to death their rebellious children, they
could require it of the Prince, who was to proceed summarily and meerly
upon the Fathers instance. And we find in the <hi>French</hi> Annals that <hi>Stephen
Boslée</hi> the President of <hi>Paris</hi> impal'd a yong fellow because his Mother said
that she could by no arts or labour keep him from being a thief.</p>
                     <p>But this went off very much in the manners of men; and children
were by other means restrain'd ordinarily,<note place="margin">3.</note> before things were brought to
that extremity;<note place="margin">§ final. inst. de noxa. l. Divus. ff. ad leg. Pomp. de parricid. &amp; toto tit. C. de his qui Parent. vel fil. occid.</note> and in the Civil law parents were forbidden to kill their
children, and this law hath prevail'd in all Christendome, excepting that a
man is in some places permitted to kill his daughter if he sees her in un<g ref="char:EOLhyphen"/>chast
Embraces. But in stead of these great excesses of power, there is left
to Christian parents nothing but a decent castigation in the lesser and single
faults, and disinherison in case of great and persevering. That children
are to submit to the animadversions and chastisements of their Fathers is
the voice of nature, and of all Nations, of Scripture and right Reason. So
S. <hi>Paul,</hi>
                        <note place="margin">Hebr. 12. 9.</note> 
                        <hi>We have had Fathers of our flesh which corrected us, and we gave
them reverence:</hi> and <hi>Ben-Sirach</hi> teaches us, <hi>In opere &amp; sermone &amp; omni pati<g ref="char:EOLhyphen"/>entia
honora Patrem tuum,</hi>
                        <note place="margin">Ecclus. 3. 8.</note> 
                        <hi>Honour thy Father in thy work and in thy word,
and in all patience,</hi> so the Vulgar Latin reads it; that is, suffer what he im<g ref="char:EOLhyphen"/>poses
upon you: and this was it which the yong Greek that <hi>Plutarch</hi> speaks
of had learn'd in <hi>Zeno</hi>'s school, <hi>Didici Patris iram ferre; I have learn'd</hi> (saith
he) <hi>patiently to bear my Fathers anger.</hi> The authority is plain; the mea<g ref="char:EOLhyphen"/>sures
of it are onely, that it be done for amendment; that is, that it be dis<g ref="char:EOLhyphen"/>cipline,
not anger and revenge, and that it be done with charity and mode<g ref="char:EOLhyphen"/>ration,
which is signified by S.<note place="margin">Ephes. 6. 4.</note> 
                        <hi>Paul, Parents, provoke not your children to
wrath;</hi> which precept he repeats, <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>,<note place="margin">Coloss. 3. 21.</note> give them
no opprobrious words, no contumelious and provoking language, and there<g ref="char:EOLhyphen"/>fore
much lesse any cruel and undecent castigations.
<q>
                           <l>Pudore &amp; liberalitate liberos</l>
                           <l>Retinere satius esse credo,<note place="margin">Adelph. Act<g ref="char:punc">▪</g> 1. Sc. 1.</note> quam metu.</l>
                           <l>Hoc patrium est, potius consuefacere filium</l>
                           <l>Suâ sponte rectè facere, quam alieno metu.</l>
                           <l>Hoc Pater ac Dominus interest: hoc qui nequit,</l>
                           <l>Fateatur se nescire imperare liberis.</l>
                        </q>
A Master governs by fear, &amp; a Father by love, &amp; both by their authority:
but the gentle way is the Fathers method; but if he will use the severe, he
hath authority to doe it, and right or wrong he must be suffered, till the evil
be insufferable, and then he may decline it, but ever with reverence to his
Fathers honour; for indeed against a Fathers tyranny there is no aid, no
<pb n="366" facs="tcp:58903:494"/>
remedy, no intercession, but by an appeal to the common Father, the chief
of all the tribes and all the families. This onely I am to adde, That as Fa<g ref="char:EOLhyphen"/>thers
have not a power of life and death over their children; so neither are
they lightly to use that power which they have, and is next to this, that is,
that I may use S.<note place="margin">lib. 5. Epist. 20.</note> 
                        <hi>Ambrose</hi> his expression, <hi>ne laesa pietas Patris ulciscatur se
exhaeredatione vel abdicatione contumacis generis,</hi> a power of disinherison is
not to be us'd for every great offence, much lesse for a litte. <hi>Pater, nisi
magnae &amp; multae injuriae patientiam evicerint,</hi>
                        <note place="margin">lib. 1. c. 14. de Clement.</note> 
                        <hi>nisi plus est quod timet quam
quod damnat, non facile accedit ad decretorium stylum,</hi> said <hi>Seneca, A Father
will not easily proceed to an exterminating sentence, unlesse great and many in<g ref="char:EOLhyphen"/>juries
have quite overcome his patience. Nor then neither, unlesse he fear
worse things then those which he already blames.</hi> For, as <hi>Quintilian</hi> observ'd
well, this power was not given to Fathers but when their sons are incor<g ref="char:EOLhyphen"/>rigible.<note place="margin">Declam. 259.</note>
                        <hi>Fulmen istud Patrum adversus ferociam adolescentiae datum est,
adversus filios qui peccare plus possunt.</hi> If they will sin yet more, and will
not be corrected, then they may unwillingly use this thunderbolt. It is
like the sentence of excommunication, never to be us'd but when nothing
else will cure the man, and nothing at all will make the mischief tolerable:
that is, a son may not be disinherited, but when he may be hated, which
may never be,<note place="margin">Orat. pro Rosc. Amer.</note> 
                        <hi>sine causis multis, magnis &amp; necessariis</hi> (as <hi>Cicero</hi> affirms)
The causes must be great and many, and intolerable, and without remedy.
But of these things because the Fathers are judges, they must judge accor<g ref="char:EOLhyphen"/>ding
to the permissions of law, and the analogies of Christian prudence and
charity; for if they doe amisse, the Child is miserable by the Fathers pas<g ref="char:EOLhyphen"/>sion,
and the Father by his own.</p>
                  </div>
                  <div n="3" type="rule">
                     <head>Of Piety to Parents.
 RULE III. A Father hath power over the goods and persons of
his Children, so as to be maintain'd by them.</head>
                     <p>THe Lawyers define the <hi>Paternal power</hi> to be <hi>jus moribus legibusque con<g ref="char:EOLhyphen"/>stitutum,</hi>
                        <note place="margin">1.</note>
                        <hi>quo Patri in filium bonaque ipsius plenum jus olim tributum
fuit;</hi>
                        <note place="margin">Sebast. Monti<g ref="char:EOLhyphen"/>cul. de Patria potest.</note> 
                        <hi>a full right upon his son and his sons goods introduc'd by laws and cu<g ref="char:EOLhyphen"/>stomes.</hi>
Now this full right is alterable by the Civil law of any nation:
that is, whereas amongst the <hi>Romans</hi> whatsoever the son acquir'd, he ac<g ref="char:EOLhyphen"/>quir'd
it not for himself, but for his Father; this may determine sooner or
last longer, according to the appointments of law, for <hi>the heir so long as he
is a child differs nothing from a servant,</hi> and therefore if the law please,
may be us'd accordingly; and when the law hath so appointed, the Consci<g ref="char:EOLhyphen"/>ence
is bound by it.</p>
                     <p>But that which is not alterable by laws is that which is the natural and
necessary duty,<note place="margin">2.</note> that parents be maintain'd by their children if they need it:
for this is in the Commandement, this is a part of the honour that is due
to them. For so our Blessed Saviour remarks the <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>: the Pharisees
that taught the children to cry <hi>Corban, it is a gift,</hi> and therefore out of it
<pb n="367" facs="tcp:58903:494"/>
the parents must not be profited,<note place="margin">* Matth. 15. 6.</note> he calls it <hi>a not honouring the Father and
Mother;</hi>
                        <note place="margin">1 Tim. 5. 17.</note> and <hi>the double honour</hi> which S. <hi>Paul</hi> commands to be given to <hi>the
Elders that rule well</hi> is instanc'd in the matter of maintenance. And this
the Heathens had. So <hi>Hierocles,</hi> 
                        <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>,
<hi>Let
us greatly honour our parents, affording them the ministery of our bodies and
the use of our wealth most chearfully.</hi>
                        <note place="margin">Offic. 1.</note> But this <hi>Cicero</hi> limits to the <hi>necessa<g ref="char:EOLhyphen"/>ria
vitae praesidia, quae debentur his maxime,</hi> the necessary aides of life;
that is, what is for their support, to keep them from need and shame, ac<g ref="char:EOLhyphen"/>cording
to the <hi>quality</hi> of the parent and <hi>ability</hi> of the child:<note place="margin">in l. Si libertis: §. manumissis: ff. de alim.</note> so that <hi>this</hi> be
first respected,<note place="margin">In Luc. 18.</note> and then <hi>that,</hi> saith <hi>Bartolus.</hi> To this purpose is that of S.
<hi>Ambrose, If the contumely of the Father and the reproaching or vilifying of
the Mother be punish'd so severely, what shall their starving or their beggery
be?</hi> This the <hi>Romans</hi> did resent so deeply, that they made a law that if a
son that was emancipated or quitted from his Fathers government did de<g ref="char:EOLhyphen"/>ny
aliment to his indigent Father,<note place="margin">l. Unic. C. de ingrat. liber.</note> he was to be reduc'd under his Fathers
power, and so to abide for ever. But by this instance it is apparent that this
is no part of the Fathers power, but is an office of the sons piety. For be<g ref="char:EOLhyphen"/>tween
the Father &amp; the son there is a threefold chord or tie, as I have already
observed, the band of Reverence, of Castigation, and Piety; the two first
are the Fathers authority, this last gives the Father properly no right, but
obliges the son directly. But then this is to be added, that this obligation
is onely confirm'd by the Civil laws, but it is immediately tied upon him
by the Natural: for a son is bound to keep his Father from starving though
he be a <hi>Bandito,</hi> or an Out-law, that is, though he have lost all civil rights,
because no Civil power can prejudice a Divine Commandement.<note place="margin">in vita Solon<gap reason="illegible" resp="#TECH" extent="1 letter">
                              <desc>•</desc>
                           </gap>
                        </note> 
                        <hi>Plutarch</hi>
tells that by <hi>Solon</hi>'s law the son was not bound to give his Father aliment,
if his Father caus'd him to learn no trade, or taught him nothing whereby
he might get his living. Indeed if the Father neither did give him where<g ref="char:EOLhyphen"/>on
to live, nor teach him whereby he might get it himself, the son is the
lesse oblig'd; but yet sufficiently for this, because it is by a law of Nature
that he is oblig'd, and all such obligations are before such conditions can
intervene. <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>, said <hi>Ari<g ref="char:EOLhyphen"/>stotle.</hi>
Something else is to be considered besides the advantages of edu<g ref="char:EOLhyphen"/>cation:
the Father was the principle of his Being, and in that he can never
be requited in kind, and therefore let him be paid by duty.</p>
                     <p>But if the case be such as divides the duty,<note place="margin">3.</note> and the money cannot be
divided, what shall then be done? <hi>Marco Tomaso</hi> a tradesman in <hi>Venice</hi> had
a Father and a Son, both lame, both in great necessity. The Father lost
all his goods to the <hi>Turks,</hi> and the son had rowed in the Gallies till all his
strength and health was gone: but the poor Cutler (for <hi>Tomaso</hi> was no
more) was not able to relieve them both: what shall he doe? The case here
is hard. But love descends, and ascends not: therefore <hi>Tomaso</hi>'s bowels
yern upon his son; and he cannot have that tendernesse for his Father, and
he were unnatural if he should let his son perish. It is true, but therefore
he ought not to neglect his Father and feed his son, because his son does
not, cannot love him so well as his Father does; and therefore he is obliged
by gratitude to his Father, and by tendernesse to his son; to this there is
more natural inclination, but to the other there is more natural duty. And
therefore the Lawyers say that <hi>amor descendit, non ascendit,</hi> is to be under<g ref="char:EOLhyphen"/>stood
<hi>quoad ordinem dilectionis, non quoad effectum obligationis.</hi> Love does
<pb n="368" facs="tcp:58903:495"/>
descend, but it should not in some cases. And therefore when the law gives
leave that a Son may by his Father be sold to keep the Father from starving,
it shews plainly that the Father is in cases of necessity to be preferred.</p>
                     <p>And this indeed by the help of the Civil laws brings this rule to an
instance of Paternal power;<note place="margin">4.</note> for a Father in this law hath a right over his
son, and can deliver him to labour and service for the necessary support of
his helplesse Father. This we find done frequently,
<q>
                           <l>—Et tandem demissa in viscera censu</l>
                           <l>Filia restabat non isto digna parente:<note place="margin">Metamorph. 8.</note>
                           </l>
                           <l>Hanc quoque vendit inops.</l>
                        </q>
And <hi>Eusebius</hi> tells it was done in the time of <hi>Maximianus</hi> the Emperor; and
the Prophet <hi>Jeremy</hi> brings in the people complaining in a time of famine,
<hi>Our sons and our daughters are too many, let us take corn for their price, that
we may eat and live.</hi> But this being onely in the case of extreme necessity
is not to be drawn to any thing else, for this power is onely just when it is
unavoidable: and therefore it is permitted in laws, which doe therefore so
comply with the necessity, and endeavour to find a remedy, or to make it
tolerable, that in such cases the judges, if there be a contest in the particular,
are tied to proceed summarily: and if a son should pretend causes of excuse
from giving aliment to his Father, during the whole contestation, and till
the proof be made, the Son is tied to maintain his Father in the interval;
so carefull are the laws to secure the performance of this duty, for the omis<g ref="char:EOLhyphen"/>sion
of which all the world hath observed great marks of the Divine dis<g ref="char:EOLhyphen"/>pleasure,
expressed in judgments, and particularly of immature deaths;<note place="margin">Iliad. 4.</note> so
<hi>Homer</hi> observes of <hi>Semoisius</hi>
                        <q>
                           <l>—<gap reason="foreign">
                                 <desc>〈 in non-Latin alphabet 〉</desc>
                              </gap>
                           </l>
                           <l>
                              <gap reason="foreign">
                                 <desc>〈 in non-Latin alphabet 〉</desc>
                              </gap>,</l>
                        </q>
He refus'd to nourish his loving parents, and therefore he liv'd but a short
life.</p>
                     <p>One particular more is to be added,<note place="margin">5.</note> and that is, if an indigent Father
have a rich Father living and a rich Son, although both are oblig'd to nou<g ref="char:EOLhyphen"/>rish
him, yet it is in the Fathers power to burden the Son and to excuse the
Grandfather; that is, the power which the Father hath over the Son can
require this duty: The Grandfather is equally oblig'd, but the Son hath no
power over him, the law hath. For as for the thing it self there is no o<g ref="char:EOLhyphen"/>ther
difference in it. But if the rich Father refuses he is worse then an In<g ref="char:EOLhyphen"/>fidel,
if the rich Son refuses he is impious; the first is unnatural, and the
second is ungodly; the first is a heathen, and the other is no Christian; the
Grandfather hath no bowels, and the Grandchild no gratitude; the first hath
no humanity, and the other no Religion; so that is an even lay between
them which is the worst: but the necessitous Father may put the duty actu<g ref="char:EOLhyphen"/>ally
upon the Son by reason of his Paternal power, that is, he may so or<g ref="char:EOLhyphen"/>der
it, that if the Son refuses he is not onely uncharitable, but undutifull
also, he commits two great sins; whereas the refusing Grandfather commits
but one, though that also be enough to bring him an extreme damnation.</p>
                  </div>
                  <div n="4" type="rule">
                     <pb n="369" facs="tcp:58903:495"/>
                     <head>RULE IV. The Fathers power does not extend to matter of Re<g ref="char:EOLhyphen"/>ligion,
and persuasions of Faith.</head>
                     <p>IN the law of the XII Tables it was written,<note place="margin">1.</note> 
                        <hi>Sacra privata perpetua ma<g ref="char:EOLhyphen"/>nento,</hi>
that <hi>the private Religion of a family should not be alter'd:</hi> which
<hi>Cicero</hi> expounds to mean that all those to whom the care of the Father of
the family did appertain were tied to the celebration of the same rites;<note place="margin">lib. 2. de Legib.</note> and
the lawyers say,<note place="margin">Alciat. lib. 1. praeterm. in verb. sacra.</note> that <hi>Filii sunt in sacris parentum dum sunt in eorum po<g ref="char:EOLhyphen"/>testate,
Children are within the holy rites of their parents while they are in
their power.</hi> And indeed this is very true in the Court of Conscience so
long as their understanding is in their Fathers power; but that is of all
things first emancipated: when a Son can chuse for himself, when he is ca<g ref="char:EOLhyphen"/>pable
of malice and perversenesse, when he is judicable by external and pub<g ref="char:EOLhyphen"/>lic
laws, then he is emancipated and set free, so as he can chuse his religion,
and for that the Father hath no other power over him but persuasion and
instruction. For it is very observable that as it was said of the law of
<hi>Moses,</hi> it was a school-master to bring us unto Christ, so it is true of the <hi>Im<g ref="char:EOLhyphen"/>perium
domesticum, the Fathers government,</hi> it is a pedagogy to bring us to
the obedience of the laws both of God and Man: the Fathers commands are
exacted before the laws of God or Princes doe require obedience; because
the Government of children is like the Government of the sick and the
mad-men, it is a protection of them from harm, and an institution of them
to obedience of God and of Kings; and therefore the Father is to rule the
Understanding of his child, till it be fit to be rul'd by the laws of God;
that is, the child must believe and learn, that he may chuse and obey; for so
we see it in the baptising infants, the Fathers and Susceptors first chuse the
childs religion, and then teach it him, and then he must chuse it himself.
For the Fathers authority to the understanding of the child is but like a
false arch or temporary supporter, put under the building till it can stand
alone: and it onely hath this advantage, that the Father hath the preroga<g ref="char:EOLhyphen"/>tive
of education, the priority of possession, which how great it is all the
experience of the world can tell. But that this is part of the Paternal
power is evident, because no child is to be baptized without his Fathers
will. A Turk, a Jew, a Heathen can reckon their children <hi>in <gap reason="illegible" resp="#TECH" extent="1 letter">
                              <desc>•</desc>
                           </gap>acris Paren<g ref="char:EOLhyphen"/>tum</hi>
                        <note n="*" place="margin">Panormit. in cap. 2. de con<g ref="char:EOLhyphen"/>vers. infid. &amp; Baldus in l. item in pote<g ref="char:EOLhyphen"/>state. ff. de ju<g ref="char:EOLhyphen"/>person.</note>,
they have power, a natural and proper power to breed up their chil<g ref="char:EOLhyphen"/>dren
in what religion they please, but not to keep them in it; for then when
they can chuse they are under no power of man, God onely is the Lord of
the understanding: and therefore it is no disobedience if a Son changes his
Fathers religion, or refuses to follow his Fathers change, for he cannot be
injur'd in that where he hath no right and no authority.</p>
                     <p>But this is so to be understood that the religion of the Son must at no
hand prejudice the Fathers Civil rights,<note place="margin">2.</note> so that he must not quit his Fa<g ref="char:EOLhyphen"/>thers
house, if he be under his Fathers power, and by the laws o<gap reason="illegible" resp="#TECH" extent="1 letter">
                           <desc>•</desc>
                        </gap> his coun<g ref="char:EOLhyphen"/>try
be oblig'd under that government. <hi>Vigoreus</hi> in his Sermon of S. <hi>Martin,</hi>
tells that S. <hi>Martin</hi> being but a Catechumen and yet unbaptiz'd did still
<pb n="370" facs="tcp:58903:496"/>
abide with his Father and Mother though they were heathens, and he ne<g ref="char:EOLhyphen"/>verthelesse
did all the offices of a Christian. And there is in this great
duty, because one right must not destroy another; and a man may be of
what religion he please without doing wrong to any man, for a man cannot
be hindred in his persuasion, for though he dies, he is of that religion;
but no good religion does warrant the Son to doe wrong to his Fathers
legal rights.<note place="margin">Tit. 3. Com<g ref="char:EOLhyphen"/>ment. in Ge<g ref="char:EOLhyphen"/>nesin.</note> And therefore <hi>Marius Victor</hi> observes of <hi>Abraham,</hi>
                        <q>
                           <l>Verum mente Deum venerans, Gentilia Sacra</l>
                           <l>Aversatus erat—</l>
                        </q>
He was a great hater of his Fathers idolatry and the impious rites of his
family, yet he did not leave his Fathers house till after his Fathers death.
<q>
                           <l>Linqueret ut sedes patrias, terramque nocentem</l>
                           <l>Pollutamque domum, nisi postquam morte parentis</l>
                           <l>Jussa sequi jam posse Dei sine fraude licebat.</l>
                        </q>
He might doe it justly when he had no just power over him to restrain him
by the cords of another justice and a differing duty.</p>
                     <p>There is onely this <hi>variety</hi> to be added,<note place="margin">3.</note> that when either of the pa<g ref="char:EOLhyphen"/>rents
is Christian, and the other Infidel, the Son is to be reckon'd to the
believing parent: the effect whereof can be this, that he or she that believes
hath a right to educate the children in Christianity without injury
to the other, and the Church may baptize the children against the will
of the unbeliever: and the reason of this is, the prerogative of God, and
of Christ who is head of the Church, and the Soveraign of all the world;
for if the child is sanctified and made holy by the believing parent, then it
may be brought to Christ; that sanctification of it is Christs seizure of it,
it is his right, because he hath made a Covenant with the parents for
themselves and for their children.</p>
                     <p>This is practis'd in the Countries of the <hi>Roman</hi> Communion to evil
purposes;<note place="margin">4.</note> and if the Father be a heretic in their account, they teach their
children to disobey their parents, and suppose heresy to destroy the Fa<g ref="char:EOLhyphen"/>thers
right of power and government. Between Christian and Christian
there is no difference as to matter of Civil rights; no law allows that: but
between Heathen and Christian, so far as the soul is concern'd, the right
of Christ is indubitable; for we are sure Christianity is the true religion:
but amongst the Sects of Christians the case is wholly differing, for they
may both have enough to secure the souls of pious persons, and yet may
both be deceiv'd in their question, and unnecessary article.</p>
                  </div>
                  <div n="5" type="rule">
                     <pb n="371" facs="tcp:58903:496"/>
                     <head>RULE V. The Fathers power over the children can remit an
injury done to them, without their leave or con<g ref="char:EOLhyphen"/>sent.</head>
                     <p>THe reason of this depends upon the former considerations,<note place="margin">1.</note> and is to
have it's understanding accordingly. So long as the Son is within the
Civil power of the Father, so long as he lives in his house, is subject to his
command, is nourish'd by his Fathers charge, hath no distinct rights
of his own, he is in his Fathers possession, and to be reckon'd by his
measures, and therefore cannot have any <hi>actions of injury</hi> for his own
amendment.</p>
                     <p>But this is to be limited onely to the effects of law and external
Courts and trials of right,<note place="margin">2.</note> or external actions of injury. For although a
Son cannot repeat what the Father hath legally acquitted, yet if it be a per<g ref="char:EOLhyphen"/>sonal
action, in which charity and peace are concerned, the injurious per<g ref="char:EOLhyphen"/>son
is bound in conscience to ask the Son forgivenesse, upon the account
of S. <hi>Paul</hi>'s words, <hi>Follow peace with all men and holinesse,</hi> and, <hi>for as much
as is possible live peaceably with all men;</hi> which no man can be said to doe
who hath done wrong to a person, to whom he will not doe right. For be<g ref="char:EOLhyphen"/>sides
the relation and the communication of it's effect between Father and
Son, the Son is a person too, and in personal actions hath an interest natu<g ref="char:EOLhyphen"/>rally
and unalterably, which no fiction of law, no supposition of case can
take off. So that all the legal and external obligation the Father may re<g ref="char:EOLhyphen"/>mit;
but in the personal there is something of proper concernment.</p>
                     <p>This is also to be limited to an entercourse with extraneous persons,<note place="margin">3.</note>
and is not true in actions between the Son and a conjunct person to him.
As if the injury be done by a wife, or a spouse, or a freed man, or a person
endeared and oblig'd by the Son, the Father cannot remit any such injury.
The reason is, because although by the force of the Civil or Municipal
laws the Son be suppos'd to be still in the Fathers power, yet in such things
he hath some peculiarity, and is as to those things free and in his own pow<g ref="char:EOLhyphen"/>er.
If the Sons wife commit adultery, the Father cannot forgive it, though
the Son be under his Fathers power by law; because as to all personal acti<g ref="char:EOLhyphen"/>ons
the Son hath a personal right, and such things have great dependance
upon the law of God and Nature, and these things to some great purposes
doe not at all communicate with the Civil laws.</p>
                     <p>Lastly,<note place="margin">4.</note> this Rule is so to be understood and practis'd, that it be no pre<g ref="char:EOLhyphen"/>judice
to the just interests of any other: and therefore a Father cannot so
forgive an injury done to his Son, that he shall be tied not to witnesse it in
public, when he is requir'd by the Civil power; for it may concern the
Common-wealth that the Criminal be punish'd, when it may become the
Father to pardon his and his Sons share. He may remit all with which
he hath to doe, but not that which may passe into the Exchequer. But in
<pb n="372" facs="tcp:58903:497"/>
such cases the Judge may inquire, but the Son without the Fathers leave
may be no voluntary accuser.</p>
                  </div>
                  <div n="6" type="rule">
                     <head>RULE VI. A Fathers authority cannot abide after his death, but
the Sons piety to his Father must, and may passe
upon him some indirect obligations.</head>
                     <p>THe Son after his Fathers death is as much lord of his person and his
estate as his Father was:<note place="margin">1.</note> and therefore although all the actions which
the living Father did, which by law or the nature of the thing have a per<g ref="char:EOLhyphen"/>manent
effect, still doe abide as they were left; yet those things which are
of an alterable nature, and to be administred by new Counsels, and to be
determin'd by emergencies and proper circumstances, or are directly sub<g ref="char:EOLhyphen"/>ject
to Empire, or are personal concernments, these are in the power of the
Son after his Fathers death. A Father cannot by his power command a
Son to marry a person whom the Father does, but the Son does not love:
He cannot command the Son by a just and a sufficient authority never to
be a Priest, or Bishop, or a Magistrate: for in those things in which his own
meer interest is concerned, his own understanding must be his guide, and
his will his Ruler, for he alone does lie at stake whether it be good or bad;
and it is not reasonable that he should govern who neither gets, nor looses,
nor knows.</p>
                     <p>But though the Fathers authority be extinct,<note place="margin">2.</note> yet his memory is not,
and there is piety towards the dead, and to parents much more; and of this
the Heathens gave some worthy examples.<note place="margin">lib. 10.</note> 
                        <hi>Herodotus</hi> tells that the <hi>Issio<g ref="char:EOLhyphen"/>nides,</hi>
a people of <hi>Scythia,</hi> did use to embalm their Fathers head, and then
to cover it with gold, and use it for a Divine image, and pay to it the ve<g ref="char:EOLhyphen"/>neration
of a yearly sacrifice. This they intended for an honour to their
dead Father: but in this there were no signes of obedience. Nearer to this
was that which <hi>Tertullian</hi> tells of the <hi>Nasamones,</hi>
                        <note place="margin">de Anima c. 57.</note> that they took their ora<g ref="char:EOLhyphen"/>cles
at the graves of their Fathers, as supposing the souls of their Proge<g ref="char:EOLhyphen"/>nitors
to have some right or care to conduct their children. But it was a
pretty story that <hi>AElian</hi> saies the <hi>Brachmanes</hi> tell of a certain King of the
<hi>Indians</hi> that had many Sons,<note place="margin">lib. 16. c. 5.</note> who being all of them (the yongest onely ex<g ref="char:EOLhyphen"/>cepted)
immorigerous and rebellious, at last drove their Father and Mother
from their Kingdome; and they with their yongest Son wandring in strange
places were quickly consumed with age and wearinesse and inconvenience.
The yong Son seeing his parents dead, burnt their bodies, and striking his
head with a sword, put the ashes into the wound, by that act of piety giving
his parents the most honourable sepulture, but with it also emblematically
representing that his parents even after death had power upon his head,
and that his head ought to be submitted to them. And it was well; if pie<g ref="char:EOLhyphen"/>ty
goes before, whatever duteousnesse or observance comes afterwards it
cannot easily be amisse.</p>
                     <p>
                        <pb n="373" facs="tcp:58903:497"/>
Piety sometimes does more then Authority can.<note place="margin">3.</note> 
                        <hi>Plus potest patria
potestas in liberos quam lex, legi<gap reason="illegible" resp="#TECH" extent="1 letter">
                              <desc>•</desc>
                           </gap>ve, aut summa Dictatura,</hi> say the lawyers;
A Father or a Mother can prevail, when a <hi>Consul</hi> or a Prince cannot. <hi>Cum
Martius Coriolanus pergebat infesto agmine adversus Patriam, quis illi arma
succussit è manibus nisi una Veturia?</hi> saith the <hi>Roman</hi> story. <hi>Coriolanus</hi>
took up armes in rage against his Country; and no authority could dis<g ref="char:EOLhyphen"/>arme
him but his piety to his Mother <hi>Veturia.</hi> Now this principle is a
good one; but it hath no limits of it self, but onely what we give to it our
selves by prudence, and necessity, and the nature of the things that are to
be done. But in things that are pious and prudent, or that are innocent
and indifferent, a dying Fathers desire, or a living Fathers counsel ought
to be esteemed sacred: and though they make no law, yet they passe an in<g ref="char:EOLhyphen"/>direct
obligation; that is, if they be transgressed without reason, they can<g ref="char:EOLhyphen"/>not
be transgressed without impiety. It is certain, God is pleas'd with this
obedience of piety, as is apparent in the case of the <hi>Rechabites;</hi> and such
actions are exemplar in a family, and make the name of Father venerable
and sacred; and sometimes the neglect of a dying Fathers charge hath met
with a sad event; and a petulant disobedience hath been a rebellion against
the greatest reason, which sometimes is the greater by how much it ought
the more to be conceal'd. <hi>Philotimus</hi> of <hi>Athens</hi> having observ'd his Son
given to amours and wandring fancies, upon his death-bed charg'd him by
all that was Sacred and Prophane, that however he did resolve to please his
fancy and satisfy his <hi>impotent</hi> desires, he should be sure not to court or to
fall in love with <hi>Paegnium. Philotimus</hi> dies, and <hi>Philodectes</hi> his Son having
quickly dried up his teares which were caus'd by the smoke of the funeral
pile, hath a great curiosity to visit this pretty Greek that his Father had
so forbidden to him. He sees her, likes her, courts her and lies with her;
and in the first night of their congresse, she being over-pleas'd, told him
that she infinitely preferr'd his kindnesse before the dull embraces of his
Father <hi>Philotimus</hi> which had so often tir'd her. Upon this the yong man
starts and trembles, and finds his sin and shame, the rewards of an impious
disobedience. His want of piety to his dead Father made him incestuous
in his mixtures and impious in his lusts.<note place="margin">lib. 10.</note> And <hi>Pausanias</hi> telling of a Fa<g ref="char:EOLhyphen"/>ther
who meeting his Son in <hi>Charon's</hi> boat did then attempt to strangle
him, to revenge his impiety and disobedience, by this does represent what
their sentence was concerning the resentment of rebellion of Sons and their
undecent stubbornnesse even after death.</p>
                     <p>And this is of so much the greater regard,<note place="margin">4.</note> if the Father charges it
upon the Son upon his blessing, and with great imprecations: for then un<g ref="char:EOLhyphen"/>lesse
the Father be evidently a light or trifling person, there is to be sup<g ref="char:EOLhyphen"/>posed
some great reason for the imposition, and then nothing can warrant
the laying it aside, but a great necessity, or a very great, good, and certain
reason to the contrary; that is, such a cause as may make the contrary ef<g ref="char:EOLhyphen"/>fect
to be infinitely unlike any image of impiety or disregard. But of this
parents also must be very cautious, and not to put a load of duty upon a
trifle that ought not to bear it. For he is foolish that upon his blessing will
command his Son to make much of his Sparrow or his Monkey; and that
Son is prodigal of his Fathers blessing, that will venture it all to please his
humor, and his itch of liberty.</p>
                  </div>
                  <div n="7" type="rule">
                     <pb n="374" facs="tcp:58903:498"/>
                     <head>RULE VII. Neither the Father's authority, nor the Sonnes piety
can oblige them to doe an action against the laws
of God, or of the Father's and our just Superior.</head>
                     <p>THis Rule although it seems to contain in it nothing but what is ordi<g ref="char:EOLhyphen"/>nary
and confessed,<note place="margin">1.</note> because God is rather to be obeyed then Man, and
amongst men the supreme rather then the superior; yet I have here de<g ref="char:EOLhyphen"/>scrib'd
it, because the explication of it will not onely contain one great
measure of our duty and conduct of conscience, but it will give the full ge<g ref="char:EOLhyphen"/>neral
proportion of the Fathers power and the Sons piety, and also very
much endear the obedience and piety of children.</p>
                     <p>When <hi>Bias</hi> had discoursed well and wisely that God was present in
every place,<note place="margin">2.</note> he soon after argued weakly; If God dwels in all places, his
presence makes all places holy, for it is his presence that hallows a Temple,
and then there can be no such thing as sacrilege; for a thief that robs a
Temple cannot carry it out of a Temple, but by carrying it into another.<note place="margin">lib. 2. cap. 7.</note>
And upon such a trick as this some in <hi>A. Gellius</hi> did argue that we were not
to obey our parents. For either they command that which is good, or that
which is not good: If of it self it be good, then for it's own sake we are to
doe it, not for their command; but if it be not good, then though they doe
command it, it is not to be done at all. For these men supposed, there is
necessity and holinesse in every lawfull action, as the other did suppose
there was holinesse in every place of Gods abode. But this Sophistry is
quickly discover'd. For besides that every thing is not necessary to be
done because it is good, but many are left to our choice to doe or not to
doe them, there are many things also which are not good in themselves, but
onely become so when they are commanded. In both these cases the au<g ref="char:EOLhyphen"/>thority
of our parents is competent. For if they be in themselves good
but not necessary, by the command of our parents they are made necessary
and passe into a law. But if they be not good of themselves, but when
they are commanded become good, then also they become necessary. <hi>A.
Gellius</hi> instances, <hi>in militiam ire, rus colere, honores capescere, causas defendere,
uxorem ducere, uti jussum proficisci, accersitum venire,</hi> to goe into the coun<g ref="char:EOLhyphen"/>try
or to stay in the city, to live at court or to live in your farm, to take
up armes or to be a merchant, to marry a wife, and to come when you are
called, and to work in the vineyard, these things of themselves are inno<g ref="char:EOLhyphen"/>cent
and harmlesse,<note place="margin">idem ibid</note> but not necessary of themselves; <hi>propterea in ejusmodi
omnium rerum generibus patri parendum esse, In all things of this nature we
are to obey our Father.</hi> But adde this also, that if it be of it self a duty,
and of that nature that it ought to be done <hi>sive imperet Pater, sive non
imperet, whether his Father command or no,</hi> yet even here also the Fathers
command is of great authority and great effect; for it addes a new law to
the old commandement, and therefore the disobedience is guilty of a new
sinne.</p>
                     <p>
                        <pb n="375" facs="tcp:58903:498"/>
But in things dishonest and impious the Father hath no authority to
give a commandement;<note place="margin">3.</note> and if he does, the children are bound not to obey.
If the Father commands the Son to marry a wife, to plead a cause for the
guilty, <hi>obsequendum est;</hi> there is no more to be said, the Father must be
obeyed. But if he command the Son to marry a harlot, an impudent
woman, a drunkard, or to be an advocate for <hi>Catiline</hi> or <hi>Clodius,</hi> for <hi>Ra<g ref="char:EOLhyphen"/>villas</hi>
or <hi>Guido Faux,</hi>
                        <note place="margin">A. Gell. ibid.</note> he is not to be obeyed, <hi>quoniam accedente aliquo tur<g ref="char:EOLhyphen"/>pitudinis
numero, desinunt esse per sese haec media &amp; indifferentia,</hi> When any
turpitude is mingled with the action, it is no longer indifferent, or subject
to command. <q>And therefore we find <hi>Acrotatus</hi> commended among the an<g ref="char:EOLhyphen"/>cients
because when his parents had requir'd of him to doe an unjust
thing, he answer'd, I know that you are willing I should doe that which
is just, for so you taught me to doe. I will doe therefore that which you
desire I should, but what you bid me I will not doe.</q>
                     </p>
                     <p>And yet if a Father commands an unjust thing,<note place="margin">4.</note> his Authority is not
wholly nothing. For first, though it must not be obeyed, yet it must not
be dishonour'd, nor yet rejected but with great regard. <hi>Quaedam esse pa<g ref="char:EOLhyphen"/>rendum,
quaedam non obsequendum,</hi> said some in <hi>A. Gellius. Sed ea tamen quae
obsequi non oportet, leniter &amp; verecunde, ac sine detestatione nimia, sine op<g ref="char:EOLhyphen"/>probratione
acerba reprehensionis declinanda sensim, &amp; relinquenda esse dicunt,
quam respuenda.</hi> What is not fit to be obeyed, must be declin'd and avoid<g ref="char:EOLhyphen"/>ed
rather then rail'd at and rejected with reproach. <hi>Etiam in bona causa
filii apud parentes debet humilis esse oratio,</hi> said <hi>Salvian.</hi> When a Son denies
his Father he must doe it with the language of obedience. Such as was the
answer of <hi>Agesilaus</hi> to his Father when he would have had him to give
judgement against the laws,<note place="margin">Plutarch. lib. de Vitios. vere<g ref="char:EOLhyphen"/>cund.</note> 
                        <hi>A te, Pater, à puero didici parêre legibus, quam<g ref="char:EOLhyphen"/>obrem
nunc quoque tibi obtempero, cavens nequid faciam praeter leges,</hi> Thou
hast from my childhood, O Father, taught me to observe the laws; there<g ref="char:EOLhyphen"/>fore
even now also I obey your command, because I take care not to break
them. For whatsoever the command be, yet the authority is venerable;
if the command be unholy, yet the person is sacred. <hi>Liberto &amp; filio sem<g ref="char:EOLhyphen"/>per
honesta &amp; sancta persona Patris &amp; Patroni videri debet,</hi> said <hi>Ulpian,</hi>
The person of a Father is always honest and venerable to the Son, and so is
that of a Patron to his freed man.</p>
                     <p>2. Though the command is not to be obeyed in things dishonest,<note place="margin">5.</note> yet
that then also the Fathers authority hath in it some regard appears by this,
that if a Son transgresses the law by the command of his Father, his punish<g ref="char:EOLhyphen"/>ment
is something the more easy upon that account, though the offence be
great, <hi>l. fin. de bon. damn.</hi> But if the offence be little, he is wholly ex<g ref="char:EOLhyphen"/>cus'd
saith the law, <hi>l. liberorum.</hi> §. <hi>fin. &amp; seq. de his qui no. infam.</hi> Thus if
a Son by the command of his Father marries a widow within the year of
mourning, he does not incurre infamy by the law, say the Doctors. <hi>Velle
enim non creditur qui obsequitur Imperio Patris vel Domini,</hi> saith the law;
and <hi>Venia dignus est qui obtemperavit,</hi> saith <hi>Ulpian:</hi> If he did obey the
command of his Father, he is to be pardon'd, it was not his own will;
that is, not his absolutely, but in a certain regard, and in a degree of dimi<g ref="char:EOLhyphen"/>nution.</p>
                     <p>3.<note place="margin">6.</note> The Fathers authority hath this effect also upon children, that if
the Father does wrong, the Son must bear it as long as it can be born: and
<pb n="376" facs="tcp:58903:499"/>
therefore the Son may not goe to law with the Father, and complain of
him to the Judge, without leave from both their Superiors. For if by any
means the Son can make the Father lesse then he is, it will destroy all duty,
and dispark the inclosure which Nature and the laws have made with fear
and reverence. But this hath a double consideration, the one in Religion,
and the other in Laws.</p>
                     <p>1. In Religion we are to consider not onely what is lawfull in the pre<g ref="char:EOLhyphen"/>cise
question,<note place="margin">7.</note> but what is to be done in the whole complication and practice
of it. For if the Supreme can give leave in some case for a Son to com<g ref="char:EOLhyphen"/>plain
of his Father to a Judge, then in some cases it may be lawfull to doe
it, that is, in those cases in which the law hath specified and restrain'd the
Paternal power, in those things which the laws call excesses and injuries,
and which indeed in themselves are cruel and intolerable. For in such cases
the laws are a guard and defence to the oppressed Son; concerning whom
although it is suppos'd that the Father takes sufficient care to keep him
harmlesse, yet if the Father does not, the law does: and the law does in<g ref="char:EOLhyphen"/>deed
allow the greatest power to Fathers, because it presumes it will be for
the childs good; but because there are some persons whom no presumption
can measure, who are wicked beyond all the usual temptations and infirmi<g ref="char:EOLhyphen"/>ties
of mankind, therefore even in extraordinary cases there must be some
provision; and therefore it is not to be supposed that it shall for ever be un<g ref="char:EOLhyphen"/>lawfull
for Sons to complain of their Fathers to the Prince. But what
those cases are we can be taught by nothing but by the laws themselves,
and by our own natural necessities. We must cry out when we cannot for<g ref="char:EOLhyphen"/>bear,
and we must throw off the burden under which we cannot stand;
onely we must not throw it off as a wild horse does his load, and kick it
with our feet, but we must lay it as gently down as we can. Thus if a Fa<g ref="char:EOLhyphen"/>ther
refuses to give alimony to his Son who cannot be otherwise provided
for, the aid of the Prince or any superior that can rightly give us remedy
may be implor'd. If a Father beats his child till he lame or dismember
him, or endanger his life, the Son can be remedied, and without breach of
duty can implore it. So long as a child is in his Fathers house, and under
his Fathers power, these are the onely causes in which he can be allowed le<g ref="char:EOLhyphen"/>gally
to complain: because in all other things he is intirely under his Fa<g ref="char:EOLhyphen"/>thers
power. But when he is emancipated, and quit from his direct au<g ref="char:EOLhyphen"/>thority,
which the Lawyers signify by the power of <hi>Castigation,</hi> then the
Son hath distinct rights, and in them because he can be injured, there are
more causes of difference. To this therefore the answer is,</p>
                     <p>That in matters of contract,<note place="margin">8.</note> in little injustices, in any thing that is
tolerable, in such things the suffering of which can consist with charity to
our selves and piety to our relatives, if a Son does contest with his Father
at law, it may be it is no proper act of disobedience, and there is nothing of
rebellion in it against his just authority; but there is also as little of piety;
especially if we consider that such contests at law are extremely seldome
manag'd with ordinary charity, and never without the greatest reproach
on one side, and scandal on both: and if the Son can secure that on his own
part, yet whether that seeming undutifulnesse, and more then seeming want
of pious and loving regard, may not exasperate the Father into angry cur<g ref="char:EOLhyphen"/>sings
and evil thoughts, is a consideration of religion which ought to be
taken care of by all that would be Innocent. There is not one of a thou<g ref="char:EOLhyphen"/>sand
<pb n="377" facs="tcp:58903:499"/>
that goes to law at all but he runs into so many temptations that it is
very hard for him to doe right and to doe nothing that is wrong: but not
one in ten thousand can justify his cause and his person too, if he goes to law
with a Father. And he will for no cause suffer wrong at any mans hands
that will take no wrong of his Father; and he that does so, will give but an
ill account of his Christianity.</p>
                     <p>2.<note place="margin">9.</note> And these things appear the more by reason of the open dislikes
which the Law professes against such proceedings. For look at this thing
in Law, and we find that the laws expresse the Sons obedience in universal
termes; <hi>Omnibus quae Pater imperat parendum,</hi> Sons must be obedient to
their Parents in all things. Now if the dispute be betwixt our obedience
to God or to our parents, it is an ill case; we know whom we are to obey,
but the dispute it self is not good; and the very making a question of either
is a disadvantage to the honour of both: and therefore the Law, which
never supposes a question to be between God and our Father, does not
think it fit to make this to be any exception to her indefinite termes; and
therefore <hi>Tiberius</hi> said it without a limitation, <hi>Filium non posse detrectare
jussa Patris;</hi> and <hi>Turnus</hi> against <hi>Tarquin</hi> said summarily and clearly, <hi>Nullam
breviorem esse cognitionem quam quae inter Patrem &amp; Filium, paucisque ver<g ref="char:EOLhyphen"/>bis
transigi posse; Ni pareat Patri, habendum infortunium,</hi> Between a Father
and a Son the proceeding is short, and the case quickly summ'd up; Either
let the Son obey, or let him be punish'd. And the law accounts it a dimi<g ref="char:EOLhyphen"/>nution
of such supreme authorities, to have exceptions and reservations ex<g ref="char:EOLhyphen"/>press'd
in the first provisions of the law; and the very making God and
the Father to be the opposite and compar'd persons in the question, is to
lessen them both. <hi>In comparatione personarum inest laesio &amp; injuria,</hi> say
the Lawyers; There is some wrong done when you compare two Emi<g ref="char:EOLhyphen"/>nencies.
Therefore in this case, if ever any such thing does happen, with<g ref="char:EOLhyphen"/>out
dispute we know what we are to doe: but it is not good that the laws
should take public notice of it beforehand. * But if the question be be<g ref="char:EOLhyphen"/>tween
the Father and the Son, the law is so great an enemy to all such que<g ref="char:EOLhyphen"/>stions,
right or wrong, that the law judges for the person of the Father,
even when it does not like the cause. It does so in the case of all Superiors
in some degree, and therefore much more in the case of Fathers. <hi>Jus quod
deprimitur, aufertur;</hi> if you lessen the authority, you take it away; and
then you doe injury, though by doing of right. When <hi>Accia Variola</hi>
question'd her Fathers Testament, because he had left immoderate Legacies
to her Mother in law, the Fathers of rich families were present in great
numbers, and the Sons of those families attended for the sentence in great
and anxious expectations, looking which interest should get the advantage.
But the Judges very wisely left the case undetermin'd, because it was hard
on the Fathers side; but they were resolved never to leave a precedent in
which the children should be in any thing superior to their Fathers: or that
as Death and Love chang'd their quivers, so old age should be reckon'd as
void of Counsel, and wisedome and prudence should be the portion of
yong men.</p>
                  </div>
                  <div n="8" type="rule">
                     <pb n="378" facs="tcp:58903:500"/>
                     <head>RULE VIII. It is not lawfull for Children to enter into any lasting
Course of life against the will or approbation of
their Parents.</head>
                     <p>THis Rule contains two great Cases.<note place="margin">1.</note> The first is concerning the states
of Religion; the other is concerning the states of Civil life.</p>
                     <p>1. <hi>It is not lawfull for children to take them any religious vows,</hi>
                        <note place="margin">2.</note> or enter
into any of those which are called <hi>states of Religion,</hi> viz. to take upon
them the state of single life, to be Priests, Monks, Friers, Hermits, or any
thing of the like nature, <hi>without the consent of their Parents.</hi>
                     </p>
                     <p>
                        <hi>Thomas Aquinas</hi> entred into the <hi>Dominican</hi> Order,<note place="margin">3.</note> and became a Frier
without the consent of his parents: and that unjustifiable action begat a
more unjustifiable doctrine, <hi>Post annos pubertatis posse liberos se voto reli<g ref="char:EOLhyphen"/>gionis
obligare, absque voluntate parentum,</hi>
                        <note place="margin">2. 2<gap reason="illegible" resp="#TECH" extent="1 letter">
                              <desc>•</desc>
                           </gap>. qu. 88. art. 9.</note> That afer 14 years of age or
the first ripenesse, it is lawfull for children to take upon them the vows of
Religion, whether their parents be willing or unwilling. And after his time
it grew into a common doctrine and frequent practice; and if a Monk could
persuade a yong heir,<note place="margin">Bellar. l. 2. de Monachis, c. 36.</note> or a pregnant youth into their cloysters, they pre<g ref="char:EOLhyphen"/>tended
to serve God, though certainly they serv'd themselves, and disserv'd
a family. The ground they went upon was, the pretence of the great san<g ref="char:EOLhyphen"/>ctity
of the state Monastical; that it was for God and for religion; that to
serve God no man that can chuse hath need to ask leave; that if the Father
be superior, yet God is the supreme; that it is <hi>Corban;</hi> that if the yong man
or maiden be given to God, he is given to him that hath more right to him
or her then his parents; that religion in all things is to be preferr'd; and
that although the parents have a right over the bodies of their children,
yet of their souls they are themselves to dispose, because theirs is the big<g ref="char:EOLhyphen"/>gest
interest and concern: and whereas God hath commanded to Honour
our Father and Mother, we know that God is our Father, and the Church
is our Mother; and what does accrue to these, is no diminution to the o<g ref="char:EOLhyphen"/>thers
right.</p>
                     <p>Against all these fair pretences it is sufficient to oppose this one truth,<note place="margin">4.</note>
That Religion and Piety cannot of themselves crosse each other, but may
very well stand together, and nothing is better then to doe a necessary du<g ref="char:EOLhyphen"/>ty.
And there needs not much consideration to tell which is better, to
make our love to God and our love to our Parents, and our duty to them
both to stand together, or to fight one with another. God intends the first,
that is certain, for he is not the author of division, nor hath he made one
good contrary to another. For if one be set up against another they are
both spoiled. For that duty that goes away is lost; and that duty which
thrust it away hath done evil, and therefore is not good. If therefore it be
possible to doe our duty to our parents and to love God greatly at the same
time, there needs no more to be said in this affair, but that we are to re<g ref="char:EOLhyphen"/>member
<pb n="379" facs="tcp:58903:500"/>
that a man may greatly serve God, and yet never be a Frier or a
Priest; and that allowing or supposing that these are great advantages, or ra<g ref="char:EOLhyphen"/>ther
engagements of duty, yet it is certain that no state of perfection can
be set forward by doing evil; and he enters ill into the state of perfection that
passes into it by the door of Undutifulnesse.</p>
                     <p>Now then,<note place="margin">5.</note> we are certain of this, that Parents have the first right,
and the first possession, and that to dispossesse any one of his rights against
his will is great injustice, and therefore that no end can sanctify it; and
that it would be a strange religion which teaches impiety for pious conside<g ref="char:EOLhyphen"/>rations:
and therefore without further inquiry, it follows that a Son may
not upon any pretences of a religious manner and circumstances of life sub<g ref="char:EOLhyphen"/>duct
himself from his Fathers power, and put himself under other govern<g ref="char:EOLhyphen"/>ments
with which his Father shall have nothing to doe. A Son hath no
power over himself, for he belongs to and is under the power of another; &amp;
therefore if he does subduct himself, he is undutifull, and impious, &amp; unjust,
and does not Honour his Father and his Mother. But he that does per<g ref="char:EOLhyphen"/>suade
the Son from his Fathers house into a Monastery, is <hi>reus Plagii,</hi> he is
a Man-stealer.<note place="margin">advers. Marcion.</note> 
                        <hi>Qui Patri eripit filium, educatori alumnum, Domino ser<g ref="char:EOLhyphen"/>vum,
Deo efficit impium, educatori ingratum, Domino nequam,</hi> said <hi>Tertul<g ref="char:EOLhyphen"/>lian,</hi>
He that debauches a Son, a Pupil, or a Servant, and snatches them
from their Father, their Guardian, or their Lord, makes them impious,
ingratefull and vile. And because this was done by some upon pretence
of piety, the Council of <hi>Gangra</hi> forbad it upon a curse.<note place="margin">Can. 16.</note> 
                        <hi>Quicunque fil<gap reason="illegible" resp="#TECH" extent="2 letters">
                              <desc>••</desc>
                           </gap>
à parentibus pratextu Divini cultûs abscedunt, nec debitam reverentiam im<g ref="char:EOLhyphen"/>pendunt
illis….anathema sint.</hi> Pretence of the Divine service is no good
warranty for disobedience to parents; and they who so neglect their Fathers
blessing, will meet with the curse of their Mother. And this Canon <gap reason="illegible" resp="#TECH" extent="1 word">
                           <desc>〈◊〉</desc>
                        </gap>
cited and renewed in the sixth Council of <hi>Constantinople.</hi> * The Council
of <hi>Tribur</hi> forbids expressely a yong maiden before twelve years of age <gap reason="illegible" resp="#TECH" extent="1 letter">
                           <desc>•</desc>
                        </gap>o
enter into a Monastery without the consent of her Guardian. <hi>Gratian</hi>
citing this Decree, addes something of his own; for it is not known whence
he had it, except from the degenerous and corrupt practices of his own
times. <hi>Si verò in fortiori aetate adolescens vel adolescentula servire Deo ele<g ref="char:EOLhyphen"/>gerit,
non est potestas parentibus prohibendi,</hi> If the yong man or maiden be
of greater age, the parents have no power to forbid him: which <gap reason="illegible" resp="#TECH" extent="1 letter">
                           <desc>•</desc>
                        </gap>s a clause
which is not to be found in the Codes of Councils, in any editions old or
new. But when Monastical life had reputation and secular advantages upon
religious pretences, then the advocates and promoters of it were willing by
right and wrong to set it forward. But the corruption is plain, and appa<g ref="char:EOLhyphen"/>rently
against the doctrine and practices of the Fathers of the Church.</p>
                     <p>S.<note place="margin">6.</note>
                        <note n="a" place="margin">lib. 1. de Vir<g ref="char:EOLhyphen"/>gin.</note> 
                        <hi>Ambrose</hi> and S.<note n="b" place="margin">Epist. 109. 110.</note> 
                        <hi>Austin</hi> say that a Father or Mother ought not to
hinder a son or daughter from entring to a Monastery. But the<g ref="char:punc">▪</g> things
were so ordered that the entry thither was not a perpetual bond, but a going
thither as to a Christian School, a place for institution and holy practice,
and from thence they might return when they would, they might serve
God and their Parents too: the profession of a Monk was then nothing else
but <hi>priscae liberaeque vitae ac pure Christianae meditatio,</hi> a meditation and in<g ref="char:EOLhyphen"/>stitution
of a Christian life according to the rate of the Primitive simplici<g ref="char:EOLhyphen"/>ty,<note place="margin">
                           <gap reason="illegible" resp="#TECH" extent="1 letter">
                              <desc>•</desc>
                           </gap> Aug. Epist. <gap reason="illegible" resp="#TECH" extent="1 letter">
                              <desc>•</desc>
                           </gap>d Bonifac. Comit.</note>
liberty and devotion. But besides this, though they exhort parents
not to hinder their children, yet they affirm that they have power to doe it<g ref="char:punc">▪</g>
                        <pb n="380" facs="tcp:58903:501"/>
and they may if they will; as appears amply in S. <hi>Austin</hi>'s Epistle to <hi>Ecdicia,</hi>
and in his 233. Epistle to <hi>Benenatus.</hi> But most plainly and dogmatically
it is affirm'd by S. <hi>Basil,</hi>
                        <note place="margin">in quaest. fuse explic. q. 15.</note> 
                        <hi>liberos non esse recipiendos in Monasteriis, nisi à pa<g ref="char:EOLhyphen"/>rentibus
suis offerantur, Children are not to be receiv'd into Monasteries un<g ref="char:EOLhyphen"/>lesse
their parents present them:</hi> and when S. <hi>Gregory Nazianzen</hi> had against
his Fathers commandement run into a Monastery, he began to bethink
himself what he had done, and found that without impiety he could not be
contumacious against his Father, and therefore left his solitude and return'd
home. <hi>Et hoc facio</hi> (saith he) <hi>jussu Dei magis quam hominum metu. Ita<g ref="char:EOLhyphen"/>que,
O pataer, dicto jam audienti praeb<gap reason="illegible" resp="#TECH" extent="1 letter">
                              <desc>•</desc>
                           </gap> benedictionem.</hi> This he did in obe<g ref="char:EOLhyphen"/>dience
to God, and not for the fear of men; and therefore upon the account
of his obedience and return, he begg'd his Fathers blessing. But besides
this, there were two remarkable examples which abundantly conclude
this duty. * The one was of <hi>Heliodorus,</hi> who together with S. <hi>Hierom</hi> had
undertaken a Monastical life by vow; but finding that by Piety and Nature
he was to regard his onely sister and her son, he return'd to her house, and
took upon him the habit of the Clergy, and left that of Monks. Against
him S. <hi>Hierom,</hi> who was then a yong man, newly come from the Universi<g ref="char:EOLhyphen"/>ty
and the schools of Rhetoric, storms very much, and saies some things
which when he was older and wiser he changes and revokes, as appears in
his Epistle to <hi>Nepotian,</hi> where he imputes his former sayings to his juve<g ref="char:EOLhyphen"/>nile
years and learning. Now though <hi>Heliodorus</hi> had no parents when he
undertook a Monastical life, and therefore had his liberty; yet it is there<g ref="char:EOLhyphen"/>fore
certain he believ'd he ought not to have done it without the consent
of parents if they had been living, because he did suppose a lesse Piety,
even to his Sister and his Nephew, to be a sufficient reason for him to leave
his solitude and shew Piety at home. * But the other instance is more mate<g ref="char:EOLhyphen"/>rial.
<hi>Stagirius</hi> was made a Monk, not against his Fathers commandement,
but against his Counsel. The Father was very unwilling, but durst not ex<g ref="char:EOLhyphen"/>pressely
forbid it, upon some scruples which were put into his head by the
humors which were then beginning. But because he had neglected his Fa<g ref="char:EOLhyphen"/>thers
Counsel, and caus'd trouble to him, <hi>Stagirius</hi> was vexed with the
Devil,<note place="margin">libr. de Provi<g ref="char:EOLhyphen"/>dentia.</note> and S. <hi>Chrysostome</hi> took great pains to comfort him. But afterwards
the manners of men grew worse, and all religion was inclosed in a Friers
habit, and it grew to be esteemed excellent to enter into a Monastery, and
whatsoever did hinder it was to be despis'd, or us'd like a temptation; and
the Orders of Religion grew potent and prevail'd over private interests
and private religion, and by degrees it enter'd into unsufferable mischiefs
and impiety. It was sometimes restrain'd by good laws, so that it could not
grow so fast,<note place="margin">lib. 5. cap. 95.</note> 
                        <hi>Charles</hi> the Great made a law concerning it: <hi>De pueris verò
sine voluntate parentum ut tonsurentur, vel puellae velentur, modis omnibus
inhibitum est,</hi> Boys must not be shorn nor maidens vail'd without the con<g ref="char:EOLhyphen"/>sent
of their parents. And to the transgressors of this law a fine was im<g ref="char:EOLhyphen"/>pos'd,
the same with that which was appointed in the <hi>Salic</hi> law<note n="*" place="margin">tit. de iis qui pueros vel puel<g ref="char:EOLhyphen"/>las occiderint, vel totonderint.</note>; which
did equally forbid them to be slain and to be shorn. For by religious pre<g ref="char:EOLhyphen"/>tences
not to doe kindnesse to their parents our Blessed Saviour called hy<g ref="char:EOLhyphen"/>pocrisy
in the Pharisees; and therefore upon the like pretences to doe
them wrong, to take their right from them, to dispossesse them of their
dearest pledges, must needs be so mcuh the worse. It is that which our
Blessed Saviour calls <hi>Hypocrisy,</hi> and <hi>dishonouring our parents:</hi> It is that which
the Church does call an <hi>anathema,</hi> which the Laws call <hi>plagium,</hi> or man<g ref="char:EOLhyphen"/>stealing:
It is <hi>homicide</hi> in the account of the Imperial laws: and S. <hi>Bernard</hi>
                        <pb n="381" facs="tcp:58903:501"/>
calls them <hi>wolves</hi> that doe it, in his first Epistle, which, as the story runs,
was not written without a Miracle.</p>
                     <p>The other great case is in the Marriage of their Children,<note place="margin">7.</note> concern<g ref="char:EOLhyphen"/>ing
which the sentence is ready and acknowledged in the greatest part
of it.
<q>2. It is unlawfull for Children to marry without and against
the consent of their Parents.</q>
                     </p>
                     <p>That such marriages are not <hi>licitae</hi> is confess'd on all hands; that is, the
son or daughter sin against God and the laws, by marrying against his Fa<g ref="char:EOLhyphen"/>thers
Commandement.
<q>
                           <l>Adeone impotenti animo esse,<note place="margin">Terent.</note> ut praeter civium</l>
                           <l>Morem atque legem, &amp; sui voluntatem patris,</l>
                           <l>Tamen hanc habere studeat, cum summo probro?</l>
                        </q>
said he in the Comedy. It is dishonourable, and a shame to take a wise
against the will of his Father; it is against the manners and the laws of all
Republics. But whether they be <hi>legitimae</hi> or no is a great question; that is,
whether they be wholly invalid and null in law, or in case they be valid,
whether or no they suffer any diminution, and what it is.</p>
                     <p>Amongst the Ancients,<note place="margin">8.</note> and for a long time in the Civil law, such mar<g ref="char:EOLhyphen"/>riages
were esteem'd <hi>illegitimate,</hi> and no better then a meer Concubinate.
So <hi>Ovid</hi> intimates in the marriage of <hi>Pyramus</hi> and <hi>Thisbe;</hi>
                        <q>
                           <l>—Tedae quoque jure coissent,</l>
                           <l>Sed vetuere patres—</l>
                        </q>
If the parents had not forbidden, the marriage had been legitimate; but
therefore not then when they are forbidden: and therefore as incestuous
marriages were not onely Impious but Null, they are not onely sinfull in
the entry, but all the way; so are these, alike evil in all the progression,
though as yet they have not a proper name in law, as the other have. But
<hi>Apulcius</hi> is more expresse;<note place="margin">lib. 6. de Asino a<gap reason="illegible" resp="#TECH" extent="1 letter">
                              <desc>•</desc>
                           </gap>reo.</note> 
                        <hi>Impares nuptiae, &amp; praeterea in villa sine testi<g ref="char:EOLhyphen"/>bus
&amp; Patre non consentiente factae, legitima non possunt videri, ac per hoc
spurius iste nascetur. Unequal marriages, clandestine, and made without the
Fathers consent can never seem legitimate, and therefore the children that
are born will be illegitimate.</hi> And <hi>Musaeus</hi> observes in the marriage of <hi>Lean<g ref="char:EOLhyphen"/>der,</hi>
that it was ominous and unlucky upon this reason, because
<q>
                           <gap reason="foreign">
                              <desc>〈 in non-Latin alphabet 〉</desc>
                           </gap>,</q>
                        <hi>The Father and the Mother did not sing the Hymenaeal or Marriage song</hi>
The same thing was observ'd also by the Christians;<note place="margin">ad Uxotem.</note> for when <hi>Tertullian</hi> is
recounting the auspicious signes and causes of a blessed marriage, he puts
this in, <hi>Unde sufficiam ad enarrandam felicitatem ejus Matrimonii quod Ec<g ref="char:EOLhyphen"/>clesia
conciliat, &amp; confirmat oblatio, &amp; obsignatum Angeli renunciant, Pater
rato habet?</hi> That marriage will be very prosperous which is blessed by the
Church, made solemn by publication and the rituals of religion, and esta<g ref="char:EOLhyphen"/>blishe'd
by the consent of the Father. For without it it is not onely inauspi<g ref="char:EOLhyphen"/>cious
<pb n="382" facs="tcp:58903:502"/>
and unlucky, but illegal,<note place="margin">Ibid. l. 2. in fi.</note> unfirm and insufficient. <hi>Nam nec in terris
filii sine consensu Patrum ritè &amp; jure nubent,</hi> saith he. For he liv'd in a
time when the law pronounc'd such marriages illegal, and the children ba<g ref="char:EOLhyphen"/>stards.
For as some contracts are invalid unlesse the solemnity of the law
be observed, and Testaments are ineffective without such a number of wit<g ref="char:EOLhyphen"/>nesses;
so the law requires the consent of Parents to make the espousals to
be a legal and valid contract.<note place="margin">ff. de statu ho<g ref="char:EOLhyphen"/>minum.</note> 
                        <hi>Non videri justum filium qui ex eo Matri<g ref="char:EOLhyphen"/>monio
natus est cui Pater non consensit,</hi> said <hi>Paulus</hi> the Lawyer: and this
went so farre, that if a daughter were expos'd by her Father like a child of
the people, and no care of her education or alimony taken, yet before the
time of <hi>Constantine,</hi> that daughter might not marry without the leave even
of that unnatural Father. And amongst the children of <hi>Abraham</hi> this was
so sacredly observed, that even there where by the event of things we per<g ref="char:EOLhyphen"/>ceive
that the marriage was design'd by God, yet it was not to be acted but
by the Fathers willingnesse;<note place="margin">Genes. 24.</note> as appears in the cases of <hi>Isaac</hi> and <hi>Rebecca,
Sampson</hi> and his wife at <hi>Timnath.</hi>
                        <note place="margin">Judges 14. 2, 4.</note> Thus <hi>Agar</hi> took a wife for her son <hi>Ishmael,</hi>
and <hi>Jacob</hi> went into <hi>Mesopotamia</hi> for a wife by the consent of his Father and
Mother; and <hi>Sichem</hi> ask'd of his Father <hi>Hemor</hi> that he would get him the
daughter of <hi>Jacob</hi> to wife.<note place="margin">Exod. 34. 16. Deuter. 7. 3.</note> And the words of the Law were directed to the
Father,<note place="margin">1 Cor. 7.</note> not to the Son; <hi>Non accipies Uxorem filiis tuis de filiabus eorum, &amp;
filiam tuam non dabis filio ejus:</hi> and in the New Testament, <hi>He that giveth
his Virgin in marriage doth well:</hi> still it is the Parent that hath the right and
the power; it is the Parent that can make the contract;<note place="margin">Andromach. Eurip.</note> he is the person
suppos'd onely competent in law.
<q>
                           <l>
                              <gap reason="foreign">
                                 <desc>〈 in non-Latin alphabet 〉</desc>
                              </gap>
                           </l>
                           <l>
                              <gap reason="foreign">
                                 <desc>〈 in non-Latin alphabet 〉</desc>
                              </gap>,</l>
                        </q>
said <hi>Hermione</hi> in <hi>Euripides, My Father is to take care of my espousals; that's
no part of my care or determination.</hi>
                        <note place="margin">lib. de Patriarch.</note> And S. <hi>Ambrose,</hi> by the example of
<hi>Rebecca,</hi> said that the choice of a husband for his daughter is to be permit<g ref="char:EOLhyphen"/>ted
to the Father.</p>
                     <p>
                        <hi>And indeed by these instances and the perpetual practice and persua<g ref="char:EOLhyphen"/>sion
of the old world we cannot suppose it to be lesse then a Natural law,</hi>
                        <note place="margin">9.</note>
                        <hi>or a natural reason, of great effect, or of great necessity. When the
daughter of</hi> Cyaxarus <hi>was ask'd whom she would marry, she answer'd,</hi>
Cyrus; <hi>for when they were children together he had delighted her with
pretty songs and conversation: And when she was offer'd to him with a
royal robe, Jewels and a crown of gold, and all</hi> Media <hi>for her dowry,</hi> Cyrus
<hi>answer'd,</hi>
                        <note place="margin">Xenoph. lib. 8. in Stich.</note> Et genus &amp; puellam &amp; dotalia laudo, I like the Lady, her dow<g ref="char:EOLhyphen"/>ry
and her family, <hi>but I must have these agree with the mind of my Father
and my Mother, and then I will marry her. For (as</hi> Panaegyris <hi>in</hi> Plautus
<hi>told his sister</hi>) in Patris potestate esse situm liberorum matrimonium, quibus
faciendum hac in parte sit quod Patres imperant, Childrens marriage is in the
power of their Father, and they must doe what their Father commands: <hi>and</hi>
Simo <hi>would not allow</hi> Pamphilus <hi>to call him Father,</hi>
                        <note place="margin">Andria, Act. 5. Scen. 3.</note> 
                        <hi>when he disobey'd him
in this particular,</hi>
                        <q>
                           <l>Quid, mi Pater? quasi tu hujus indigeas Patris.</l>
                           <l>Domus, Uxor, liberi inventi invito Patre.</l>
                        </q>
                        <hi>But</hi> Pamphilus <hi>in despite of his passion, suffered his duty to prevail,</hi>
                        <q>
                           <l>Tibi, Pater, me dedo: quidvis oneris impone, impera.</l>
                           <l>Vis me Uxorem ducere? hanc vis amittere? ut potero feram.</l>
                        </q>
                        <pb n="383" facs="tcp:58903:502"/>
Pamphilus <hi>offer'd to quit</hi> Glycerium <hi>if his Father pleas'd, and yet he had
been contracted to her, and had a Son by her. Certain it is, these contracts
were to all purposes invalid by the Civil law both of the</hi> Greeks <hi>and</hi> Ro<g ref="char:EOLhyphen"/>mans.
Nuptias consistere non posse nisi consentiant omnes, hoc est, qui coeunt,
quorumque in potestate sunt, <hi>saith the Law,</hi> Inst. de Nuptiis. ff. de ritu nupti<g ref="char:EOLhyphen"/>arum.<note place="margin">in respons. Ma<g ref="char:EOLhyphen"/>trimon. Matth. Monachi.</note>
                        <hi>And in the</hi> Jus Graeco-Romanum <hi>there is an expresse Canon,</hi> Qui
in aliena potestate sunt eorum pacta nihil habent firmi: propterea quae citra
voluntatem nuptiae fiunt eorum penes quos potestas est, pro scortationibus ha<g ref="char:EOLhyphen"/>bentur.
<hi>This is peremptory. Such marriages are fornications, and there<g ref="char:EOLhyphen"/>fore
the children are Bastards. And of this</hi> Justinian <hi>gives this account,</hi>
Just<gap reason="illegible" resp="#TECH" extent="3 letters">
                           <desc>•••</desc>
                        </gap>. nuptias inter se contrahunt qui secundum praecepta legum coeunt,
Those marriages are true which are confederated according to the precepts of
laws, when the contractors are of fitting age, whether they be the chief, or the
sons of families. Onely if they be sons of families, they must have their con<g ref="char:EOLhyphen"/>sent
in whose power they are. Nam hoc fieri debere, &amp; civilis &amp; naturalis
ratio suadet, in tantum ut jussus parentum praecedere debeat. For that this
ought to be done, that the Fathers consent must be before the marriage, not onely
is concluded by civil or political reason, but also by the natural.</p>
                     <p>Thus it was in the Natural and in the Civil law;<note place="margin">10.</note> and at first, and for a
long time after, it was no otherwise in the Canon law. To this purpose is
that famous Decree of Pope <hi>Euaristus;</hi>
                        <note place="margin">&amp; habetur 30 q. 5.</note> 
                        <hi>Aliter legitimum non sit conjugi<g ref="char:EOLhyphen"/>um
nisi ab iis qui super ipsam foeminam dominationem habere videntur, &amp; à
quibus custoditur, uxor petatur, &amp; à parentibus &amp; propinquioribus sponsetur,
&amp; legibus dotetur. Euaristus</hi> had enumerated a great many things which
were fit (as he thought) and much for the honesty and decency, the blessing
and prosperity of the marriage; as attending to solemn prayers for two or
three days, oblations and bridemen, and some other things which are now
out of use: he proceeds to that which was essentiall to the contract, the con<g ref="char:EOLhyphen"/>sent
of parents; and <hi>aliter legitimum non sit, it cannot otherwise be legiti<g ref="char:EOLhyphen"/>mate:</hi>
and he addes, <hi>aliter verò praesumpta non conjugia, sed adulteria, vel
contubernia, vel stupra aut fornicationes potius quam legitima conjugia esse
non dubitatur,</hi> Marriages without the consent of parents are adulteries
and ravishments, fornications and concubinate, any thing rather then marri<g ref="char:EOLhyphen"/>ages.<note place="margin">Can. 38. in Can. Patrum. in Graecor. Nomocan.</note>
To this accords that Canon of S. <hi>Basil, Puellis quae praeter Patris
sententiam fornicatores secutae sunt reconciliatis parentibus videtur res re<g ref="char:EOLhyphen"/>medium
accipere: sed non protinus ad communionem restituentur, sed triennio
punientur.</hi> If Fathers will pardon their daughters that without their leave
run after wanton persons, their crime as to him seems to be taken off;
yet let them be put for three years into the station of Penitents. Upon
this Canon <hi>Theodorus Balsamon</hi> saies, <q>that by [<hi>Puellis</hi>] or <hi>Girles,</hi> S. <hi>Basil</hi>
means those that are under their Fathers power: and that if any such
give themselves up to their lovers without their Fathers consent and are
dishonour'd, although they to themselves seem to be married, yet such
marriages are not valid, they cannot stand: and for this there is no remedy
but being reconcil'd to their Fathers.</q> But S. <hi>Basil</hi> is also as expresse him<g ref="char:EOLhyphen"/>self
in his text as <hi>Balsamon</hi> in his Commentary, for in his 40<hi rend="sup">•h</hi> Canon he
saies <q>that marriages without the consent of them in whose power they
are, are fornications and not marriages</q>. And therefore the Council of
<hi>Carthage</hi> requires that when the bridegroom and his bride are to be blessed
by the Priest, that is, solemnly married, they should be presented to the
Priest by their parents or their deputies; which thing is carefully to this
<pb n="384" facs="tcp:58903:503"/>
day observed in the Church of <hi>England.</hi> For according to the saying of
S. <hi>Leo,</hi>
                        <note place="margin">et habetur 32. q. 2.</note> 
                        <hi>Paterno arbitrio foeminae viris junctae carent culpâ;</hi> If maidens be
joyn'd to their Husbands by the consent of their parents, there is then no<g ref="char:EOLhyphen"/>thing
but innocence, no body hath cause to complain. But that's not all.
For <hi>Gratian</hi> expounding these words, saies that from hence [<hi>datur intelligi
quod Paternus consensus desideratur in nuptiis, nec sine eo legitimae nuptiae ha<g ref="char:EOLhyphen"/>beantur]
we are given to understand that the Fathers consent is requir'd, and
without it the marriages are not to be accounted legitimate:</hi> and for it he
quotes the words of <hi>Euaristus</hi> before mention'd. But the Council of
<hi>Aquisgrane</hi> did not onely separate such marriages when the maiden was
stoln away without her parents leave, but would not allow that ever after
they should be man and wife,<note place="margin">in tit. de foe<g ref="char:EOLhyphen"/>min. non con<g ref="char:EOLhyphen"/>secrat. cap. 33, 36. q. 2. pla<g ref="char:EOLhyphen"/>cuit.</note> as we find in <hi>Burchard;</hi> and the same was ve<g ref="char:EOLhyphen"/>rified
in the Council of <hi>Melda,</hi> which for it's warrant quotes a synodal de<g ref="char:EOLhyphen"/>finition
of S. <hi>Gregory</hi> to the same purpose.</p>
                     <p>The Church was indeed very severe against such undutifull proceed<g ref="char:EOLhyphen"/>ings
and rebellions against the supreme natural power;<note place="margin">11.</note> and therefore the
Council in <hi>Paris</hi> &amp; divers others did anathematize them that so married,<note place="margin">Ibid. Vide etiam Concil. Paris. 36. q. 2. 27. q. 2. nullus.</note> &amp;
even when they were reconcil'd to their parents did impose on them severe
penances. But because when things were once come to that passe, Fathers
perceived that the reputation of their children was lost, and that it was not
easy to get other honest Matches for their children, and especially when
Marriage began to be called a Sacrament, and some scruples were by the
Clergy cast into this affair, and because men were willing to make the best
of a bad Market; the Fathers gave over making use of this power given
them by the laws, and thought the public penances were castigation suffi<g ref="char:EOLhyphen"/>cient.
But then according to the nature of all good laws and manners
running down the hill, this thing never left running till children had leave
to despise their parents, and marry where and when they pleas'd; and though
it was said to be a fault, yet <hi>factum valet, fieri non debuit,</hi> it was decreed in
the Council of <hi>Trent</hi> to be valid and effectual.</p>
                     <p>But now this sentence which indeed relies upon some reason and very
great authority,<note place="margin">12.</note> and is wise and fit to prevent much evil in families, is yet
very severe, and ought to receive some allay; which when I have represen<g ref="char:EOLhyphen"/>ted
upon the general consideration, I shall endeavour to give it a right un<g ref="char:EOLhyphen"/>derstanding,
and describe the truth that lies between the two extremes, and
was yet never affirm'd and describ'd by any one that I know of, but is de<g ref="char:EOLhyphen"/>terminable
by a just weighing of all that which very many wise men have
said, being put together.</p>
                     <p>First therefore I consider what <hi>Quintilian</hi> said:<note place="margin">13.</note> 
                        <q>If it be lawfull at any
time for a son to doe an action otherwise unreprovable without the con<g ref="char:EOLhyphen"/>sent
of parents,<note place="margin">Declam. 257, &amp; 376.</note> certainly liberty is in nothing so necessary as in marriage.</q>
                        <hi>Ego eligam cum qua victurus sum, ego comitem laborum, sollicitudinum, cu<g ref="char:EOLhyphen"/>rarum
ipse perpendam. Quis enim amare alieno animo potest?</hi> It is fit that
I should chuse her or him with whom I must always live, the partner of my
joys and sorrows, the companion of my cares, the Father or the Mother of
my own children: for it is impossible that a man should love with any affe<g ref="char:EOLhyphen"/>ctions
but his own. And if <hi>Pamphilus</hi> can love none but <hi>Glycerium,</hi> it will
be hard for <hi>Simo,</hi> whose fires are extinct by age,<note place="margin">lib. 3. in La<g ref="char:EOLhyphen"/>conic.</note> to command his son to burn
and pine away without remedy and pitty. It was better which <hi>Pausanias</hi>
                        <pb n="385" facs="tcp:58903:503"/>
tells of <hi>Danaus,</hi> that he gave his daughters leave to chuse their husbands;
and <hi>Herodotus</hi> tells that <hi>Callias</hi> the <hi>Athenian</hi> was much commended by the
<hi>Greeks</hi> because he permitted to his daughters to chuse what husbands,<note place="margin">in Erato, l. 6.</note> not
he, but themselves lik'd best.</p>
                     <p>But the case is to be determin'd by these three Propositions.</p>
                     <p>1. <hi>When sons or daughters are of competent years and have the use of rea<g ref="char:EOLhyphen"/>son,</hi>
                        <note place="margin">14.</note>
                        <hi>they can naturally contract marriages;</hi> that is, there is nothing naturally
requir'd but that they can consent, and be of a marriageable strength. <hi>Suf<g ref="char:EOLhyphen"/>ficiat
solus consensus illorum de quorum, quarumque conjunctionibus agitur,</hi>
said <hi>Clement</hi> the third,<note place="margin">c. tuae. de Spons. extr.</note> Consent alone makes marriage; that is, it makes a
marriage naturally valid, if it be done by those persons who naturally can
consent. For that the consent of parents is not essentially necessary to the
validity of the contract naturally, appears in many instances. 1. Because
children can contract when their parents are dead. 2. Because if their
Father be dead, and their Mother living, the son that is of years of dis<g ref="char:EOLhyphen"/>cretion
is not under his Mothers power as to that, but that upon great and
good reason he may marry by his own choice. 3. A son may marry at the
command of a Prince, when it is for the public good, though his Father at
the same time regard nothing but his private. 4. If a Father say nothing
to hinder it, though he be secretly unwilling, or owns the unwillingnesse,
but behaves himself negatively as to any cooperation, yet the son may
marry: which demonstrates that the Fathers consent is no active principle,
ingredient into the marriage, but a privative or a negative onely; that is,
he can forbid it, and so hinder it, but it is not therefore naturally invalid;
that is, he can legally prevent it, but not naturally annul it. 5. If the mar<g ref="char:EOLhyphen"/>riage
of the son be not onely of regard and advantage to the son, but so
far from doing injury to the Father, that it does him honour; the laws de<g ref="char:EOLhyphen"/>clare
that such a marriage is valid, though the Father out of humor dis<g ref="char:EOLhyphen"/>agree.
And therefore when the law saies that the son cannot contract mar<g ref="char:EOLhyphen"/>riage
but with his Fathers consent, the Doctors limit it amongst other
cases to this especially,<note place="margin">vide Ascanium Clement. A<g ref="char:EOLhyphen"/>merin. de pa<g ref="char:EOLhyphen"/>tria potest. cap. 6. effect. 6.</note> 
                        <hi>quando filius duceret uxorem turpem &amp; indignam,</hi>
when the son marries dishonorably; for then (say <hi>Bartolus</hi> and <hi>Decius</hi>) there
is injury done to the Father: so that the prohibition lying for this reason,
when the case is contrary to the reason, the extraordinary effect must be
contrary to the ordinary law. 6. Whatever the law decrees in detestation
of childrens disobedience, yet the marriage though to some civil effects it is
null'd, yet that it is naturally valid appears in this, because the son that is
born of that marriage is the Grandfathers own, and if the Father die be<g ref="char:EOLhyphen"/>fore
the Grandfather,<note place="margin">l. Divi fratres. ff. de jure pa<g ref="char:EOLhyphen"/>tron.</note> the Grandchild must inherit. So that the punish<g ref="char:EOLhyphen"/>ment
is but personally on the Son, and is not a perfect invalidating of the
marriage. And this very case was determin'd in the Parliament of <hi>Har<g ref="char:EOLhyphen"/>lay</hi>
in behalf of <hi>Marguerite de Nesdes</hi> her children, the Nephews of her
husbands Father, in the year 1584. 7. If the Father be unreasonable, and
offers to his son or daughter an ugly, a deform'd, a vitious or a base person,
and gives him no other choice, and the son cannot contain and live a single
life, by the consent of all men the son may refuse, and he cannot but chuse
another.<note place="margin">l. Filius 25. ff. de ritu Nupti<g ref="char:EOLhyphen"/>arum. l. 3. §. Eman<g ref="char:EOLhyphen"/>cipatus. ff. de cont. tab.</note> 8. The same is the case, if the Father be negligent; then by the
law a son sooner and a maiden after 25. years of age can chuse for her self.
<note n="*" place="margin">Phalar. Epist. 143. cap. 9.</note> 
                        <hi>An sedere oportuit domi virginem tam grandem?</hi> said <hi>Phalaris.</hi> 
                        <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>
For it is intolerable that a maid should be suffer'd to passe the
<pb n="386" facs="tcp:58903:504"/>
flower of her age at home.<note place="margin">Cap. 9.</note> And when the <hi>Gemara Sanhedrin</hi> had said
[Doe not prostitute thy daughter, to make her a harlot] <hi>Rabbi Eliezer</hi> said
this was spoken to him that marries his daughter to an old man. <hi>R. Akiba</hi>
saies, it was meant of him <hi>qui domi retinet filiam nubilem,</hi> that keeps his
daughter at home too long. Which two last cases relying upon the same
reason produce the same effect, That the Fathers consent, though highly to
be requir'd, yet is not essentially necessary; it may be a valid marriage
without it. 9. And this is true also in case of Emancipation<note n="*" place="margin">Ulpian. l. 3. §. si emancipa<g ref="char:EOLhyphen"/>tus. ff. de bonor. possess. contr. tabulas. Hoc observant Giae<g ref="char:EOLhyphen"/>ci ad l. 10. de sponsal. l. 28. <gap reason="foreign">
                              <desc>〈 in non-Latin alphabet 〉</desc>
                           </gap>. tit. 1.</note>, or quitting
the Son from the Fathers power; he is <hi>sui juris,</hi> and can marry where he
will, and yet he owes to his Father all the obedience to which by the law of
Nature he was obliged. 10. If a Son marries without his Fathers consent,
the law saies it is void; but yet it is not so void, but that the Fathers ap<g ref="char:EOLhyphen"/>probation
makes it valid without marrying again: which could not be if it
were naturally invalid, but therefore it is both naturally and Ecclesiasti<g ref="char:EOLhyphen"/>cally
good.<note place="margin">in Can. Pasil. 38. in Can. PP.</note> 
                        <hi>Quod enim ab initio malè factum est, parentum postea consensus
reparare videtur,</hi> said <hi>Balsamon:</hi> it was ill done at first, and the Fathers
consent repairs the dammage; but if it was invalid and null at first, nothing
can make it alive upon the first stock. <hi>Quod enim ab initio non valuit, pro<g ref="char:EOLhyphen"/>gressu
temporis valere non debet,</hi> saith the law. 11. Servants or slaves in
the Civil law were as much in the power of their lords as sons in the pow<g ref="char:EOLhyphen"/>er
of their Fathers; as much I say, though not for so many reasons; and yet
the marriage of servants was valid in law though contracted without the
consent of their Lords;<note place="margin">C. 1. extra. de conjug. servor.</note> as <hi>Pope Alexander</hi> the third wrote in a decretal
Epistle to the Arch-bishop of <hi>Canterbury:</hi> and therefore that the marriage
of sons and daughters may be so too, that is, not to be dissolved, not to be
declar'd null in conscience, I can find no reason to the contrary. 12. We
find in Scripture that <hi>Esau</hi>'s marriages were valid and went on, though con<g ref="char:EOLhyphen"/>tracted
against the interest of that family, the pleasure of the parents and,
as <hi>Lyra</hi> saies, without their consent. It is true indeed that the <hi>Jerusalem
Thargum</hi> saies that they were a grief to <hi>Isaac</hi> and <hi>Rebecca</hi> because they
were undutifull, and proud, and idolatrous, refusing to be taught by their
Husbands Father or Mother. But when I consider that it is not onely af<g ref="char:EOLhyphen"/>firmed
by <hi>Rebecca</hi> that they were an affliction to her,<note place="margin">Gen. 26. 35.</note> but observ'd at the
very first taking of them in, that they were a grief to both of them, and
that <hi>Esau</hi> afterwards to gratify his Father did marry his Cosen german,
the daughter of his Uncle <hi>Ishmael;</hi> the opinion of <hi>Lyra</hi> seems most proba<g ref="char:EOLhyphen"/>ble,
and that <hi>Isaac</hi> and <hi>Rebecca</hi> did not consent, and were not pleas'd with
those first marriages. But if this should fail, there are arguments enough
besides to evince that naturally such marriages are valid, though at no hand
they ought to be done.</p>
                     <p>But what then shall we say to all the former discourse,<note place="margin">15.</note> which prov'd
that those marriages were illegitimate, and the conjunctions no better then
concubinate? Does all that heap of things, and sayings of wise men, and
laws Ecclesiastical and Civil and Natural, effect nothing? or doe they pre<g ref="char:EOLhyphen"/>vail
intirely? That they effect something their own strength does evidence;
that they doe not prevail to effect a natural nullity in marriage, the contra<g ref="char:EOLhyphen"/>ry
arguments describ'd in the former Number doe sufficiently prove. What
then is the conclusion?</p>
                     <p>From hence we may learn it.<note place="margin">16.</note> 2. <hi>Although the marriage is naturally
valid, yet that natural validity can have this effect onely, that it can for ever
<pb n="387" facs="tcp:58903:504"/>
bind the conscience of the engaged parties to faith and mutual love, and to
cohabitation when it is not hindred;</hi> and it is, even when it is most of all
forbidden, yet potentially legitimate, that is, it wants no features and li<g ref="char:EOLhyphen"/>neaments,
nor life, but it wants solennity and publication; that is, it is
like an Embryo in his Mothers womb, there it must stay till the law gives it
name and birth. * For it is to be considered, that although the yong folks
can contract even against their parents will, yet they can be hindred from
possession: Not onely because natural rights can be impeded in their use
and challenge by the Supreme Civil power; but because there is in marri<g ref="char:EOLhyphen"/>age
something that is wholly in the power of the Civil law. For in mar<g ref="char:EOLhyphen"/>riage
there are three things, <hi>Unity,</hi> and <hi>Society,</hi> and <hi>Mystery.</hi> This last is
not of present consideration, because it is wholly of spiritual nature, and
therefore of Ecclesiastical cognisance. But of the other two, the first is
in the power of the Contractors, the latter is in the power of the Com<g ref="char:EOLhyphen"/>mon-wealth.
From union of minds, and obligation of mutual duties and
affections, and perpetuity of relations they cannot be kept by their dissen<g ref="char:EOLhyphen"/>ting
parents, or by the Civil law. But from being a society, from begin<g ref="char:EOLhyphen"/>ning
a legal family, from rights of succession, from reckoning descents in
their line, and from cohabitation they can be kept by that power which is
the Supreme in the establishment and conduct of all societies. And the
consequent of this will be, not onely that such persons shall loose all civil
benefits and profits of inheritance, that is, all that can come from <hi>Society,</hi>
but even their very <hi>Unity</hi> will be disparag'd, so as it shall be esteem'd no
better then fornication; not that it is so before God, or is against the vertue
of Chastity, but that it is so in the Civil account, and is against the laws of
Marriage. It is in this as it is in the case of <hi>Raptus</hi> or Ravishment. In the
Civil law, he that takes away a mans daughter without the consent of her
parents <hi>rapuisse dicitur</hi> is a Ravisher: but it is not so in the Canon law, it is
not so in Nature or Conscience. <hi>Raptus ibi dicitur admitti ubi nihil ante
de nuptiis dicitur: If there was no treaty of marriage, it is a rape;</hi> but if the
man was secretly betrothed, to carry her away and lye with her is no rape,
<hi>licèt parentes reclamarent,</hi>
                        <note place="margin">C. cum causam. de rapt. extra.</note> 
                        <hi>although the parents were against it,</hi> said Pope
<hi>Lucius</hi> the third. Now to call this a rape, and to punish it as if it were, is
in the power of law: just as the stealing of a knife out of a Church, or a
Chalice out of the Clercs house, may by law be called Sacrilege; and then
it is so to all the purposes of law; though before God it may not differ
from simple theft. So for yong lovers to lye together before publication
is by the Canon law called <hi>Antenuptialis fornicatio,</hi> and is punished as if it
were so indeed: and yet though it be evil in the eye of men, and upon that
account is so in it self, yet in the eyes of God it is not fornication; God
himself having expressely called a <hi>Betrothed woman</hi> by the name of <hi>wife,</hi>
                        <note place="margin">Deuter. 22.</note>
and punish'd her falshood to her husband before marriage with the same
evil as adultery. And thus it is in the present inquiry: Marriage of per<g ref="char:EOLhyphen"/>sons
in minority is naturally invalid, because they are naturally unable to
make a contract for their good, they understand it not; but if they be of
good years, though under their Fathers power, they are naturally able, but
politically unable, and therefore are inevitably engag'd in an evil condition,
and they have sinn'd, and it is a miracle if they doe not sin again, and abide
in it upon this account. For the marriage is good within doors, but it is
not good abroad: they are both oblig'd, and yet cannot pay their ob<g ref="char:EOLhyphen"/>ligation:
this marriage is not good in law, and yet they cannot chuse ano<g ref="char:EOLhyphen"/>ther
in conscience: it was by their own fault, and therefore they must bear
<pb n="388" facs="tcp:58903:505"/>
their own burden: they are guilty of fornication, but it is not a sin against
the seventh Commandement: they have not dishonour'd their own bodies
between themselves, but they have dishonour'd them before all the world
besides. And as <hi>covetousnesse</hi> is <hi>idolatry,</hi> and <hi>rebellion</hi> is <hi>witchcraft,</hi> so <hi>this
disobedience</hi> is <hi>unchastity,</hi> it is <hi>uncleannesse</hi> against the <hi>fifth Commandement:</hi>
and therefore it is no legal marriage, but unlawfull at first, and remains so
all the way, till a legal remedy be found out. For this things is rightly stated
by <hi>Paulus</hi> the Lawyer:<note place="margin">lib. Sentent. 2. tit. 19. Idem dixitvetus Scho<g ref="char:EOLhyphen"/>liastes ad <hi>Pau<g ref="char:EOLhyphen"/>lum.</hi>
                        </note> 
                        <hi>Matrimonia haec jure non contrahi, sed tamen con<g ref="char:EOLhyphen"/>tracta
non solvi, Such marriages ought not to be made, but being made they can<g ref="char:EOLhyphen"/>not
be dissolved.</hi> And he gives an excellent reason for it; <hi>contemplationem
enim publicae utilitatis privatorum commodis anteferri.</hi> It is of public con<g ref="char:EOLhyphen"/>cern
that marriages naturally valid be not rescinded; but it is but of private
emolument that the Father should be pleas'd in his daughter in law: and
therefore although the<note n="*" place="margin">Exod. 22. 16, 17.</note> Law of God and man doe their several shares for
the securing of every interest and concern, yet that regard which is greatest
and more public is to be preferred. Now for the understanding of the full
effect of this, and for the verification of it, it is to be consider'd, that laws
are called <hi>Perfect,</hi> or <hi>Imperfect.</hi> A perfect law is that which either in <hi>it self</hi>
or by <hi>the Magistrate</hi> rescinds whatsoever was done against her prescript. <hi>l.
Non dubium, C. de legib.</hi> The imperfect law is that which does not indeed
rescind the thing, but inflicts a punishment upon the transgressors: such as
was the <hi>lex Furia Testamentaria,</hi> and such as is the law concerning these
forbidden marriages against their Fathers will; the Marriage must stand,
and the married must lie under the punishment<note n="*" place="margin">O sententiam necessitate con<g ref="char:EOLhyphen"/>fusam<gap reason="illegible" resp="#TECH" extent="1 letter">
                              <desc>•</desc>
                           </gap> parcit &amp; s<gap reason="illegible" resp="#TECH" extent="1 letter">
                              <desc>•</desc>
                           </gap>vit, dissimu<g ref="char:EOLhyphen"/>lat &amp; animad<g ref="char:EOLhyphen"/>ver<gap reason="illegible" resp="#TECH" extent="1 letter">
                              <desc>•</desc>
                           </gap>it. <hi>Tertull.</hi> 18, 9, 10, 11.</note>: they in the civil law were
reckon'd as Concubines, and their Children bastards, and there was neither
dowry nor marriage allowed. And upon this account, all those sayings
which I brought in the former numbers † are true: the marriages were then
civilly null, that is, in estimation of law and to all intents and purposes of
law were outlawed, and made uncapable of civil benefits and advantages;
but the law could not make them naturally null:<note place="margin">Exod. 22.</note> and in the Law of <hi>Moses,</hi>
although a maiden that had been humbled was to become the wife of him
that did it, and to have her dowry accordingly, if her Father pleas'd, and he
might chuse whether he would or no; yet there is no footstep or signe,
that if he had betrothed himself to her, and lyen with her, that then she
was not his wife, or that her dissenting Father could make it null. Indeed
divorces were so easily granted then, that even in this case they had a re<g ref="char:EOLhyphen"/>medy
at hand: but we are tied up by stricter and more holy bands; and since
Christ reduc'd it to the first institution, and that it was made to represent
the union of the Church unto him, it is not so easy to untie this knot. So
much as is in the power of law, so much is fit to be done for the securing
the Fathers authority and his rights according to the interests of religion
and the public: but the laws themselves have a limit; and though they can
verify all their own acts, yet they cannot annul the Act of God: <hi>Quae Deus
conjunxit, nemo separet.</hi> Conjunction of marriages is by a law of God
and Nature, and to it nothing is requir'd but a natural capacity and an ex<g ref="char:EOLhyphen"/>plicit
consent, and therefore this no man can separate. But yet,</p>
                     <p>3. The Father hath over his children a double power;<note place="margin">17.</note> a natural power
and a political. His Natural power is intire, absolute, and unlimited, except
where the Law of God or of Nations does intervene; but then it lasts but till
the children are able to understand and chuse, and shift for themselves. For
there are some natural and personal rights relating to duty, to the perpe<g ref="char:EOLhyphen"/>tuating
<pb n="389" facs="tcp:58903:505"/>
the kind, to defending and providing for themselves, which are not
to be taken from us, unlesse they be as well or better supplied otherwhere;
for some can, and some cannot. The desires relating to marriage have in
th<gap reason="illegible" resp="#TECH" extent="1 letter">
                           <desc>•</desc>
                        </gap>m so much natural necessity, and so much relation to personal duties,
that either they must be in our own powers, or else our salvation must de<g ref="char:EOLhyphen"/>pend
on other men.<note place="margin">Quintilian. de<g ref="char:EOLhyphen"/>clam. 376.</note> 
                        <hi>Nescis nostri arbitrii esse Matrimonia? Affectus nostri
nobis non serviunt. Non potes efficere Imperio ut vel amen quam velis, vel
oderim. Matrimonium vero tum perpetuum est, si mutuâ voluntate jungitur.
Cum ergo quaeratur mihi uxor, socia thori, vitae consors, in omne seculum mihi
eligenda est.</hi> 
                        <q>My wife is to dwell with me for ever, the half of my self,
my lasting joy or my lasting sorrow, and if I doe not love her we cannot
live comfortably, and to love I cannot be commanded, for my affections
are not at my own command, much lesse at anothers:</q> and therefore the
conduct of this belongs to my selfe, and to none else, for so much of the
interest as the union and conjunction comes to; and in this I am no mans
subject, when I am a man my self.</p>
                     <p>But the Father hath a political power.<note place="margin">18.</note> 
                        <hi>Patria potestas est jus quod<g ref="char:EOLhyphen"/>dam
quod habent qui sunt de Imperio Romano in liberos Naturales &amp; legitimos,</hi>
                        <note place="margin">
                           <gap reason="illegible" resp="#TECH" extent="1 letter">
                              <desc>•</desc>
                           </gap>jus autem po<g ref="char:EOLhyphen"/>testatis. Inst. de potest. Patr. &amp; l. nam in civium. &amp; l. item in potesta<g ref="char:EOLhyphen"/>te. ff. de his qui sant sui &amp; ali<g ref="char:EOLhyphen"/>eni juris.</note>
say the Lawyers. The paternal power is defin'd by the measures of the
<hi>Roman</hi> law; and so it is in all Countries by their own measures. Now in
most Countries, especially <hi>of old,</hi> the Father had so much power given to
him over his children that they were a part of his possessions; they ac<g ref="char:EOLhyphen"/>quir'd
what they did acquire for their Father, not for themselves; they
might be pawn'd, they might be sold three times for their Fathers profit;
they must last and abide under this power till they were dismissed or eman<g ref="char:EOLhyphen"/>cipated
by their Father. Now whatsoever rights were consequent to these
powers were so wholly to be dispos'd of by the Fathers, that whatsoever
actions of the sons did destroy those rights were so far, and in relation to
those rights, null and invalid. When therefore the Father had by the Ci<g ref="char:EOLhyphen"/>vil
law a power over the person of his son, so as to have the profit of his
labours, the issues of his marriage, his children to succeed, the sons wife
to be partner of his goods and his holy rites, and to perpetuate his family,
he had by the Civil law power to dispose of him so far as concern'd these
things, but no further. And therefore the Father had power to disinherit
the son that married without his Fathers leave; and all the Emperors and
all the Lawyers till the time of <hi>Constantine</hi> did allow it: but then it felt
variety and change, and it was limited to the case of the sons marrying
dishonourably.</p>
                     <p>The result of these three Propositions is this,<note place="margin">19.</note> That every Common<g ref="char:EOLhyphen"/>wealth
hath power to extend or to streighten the Fathers political power, &amp;
to give sentences and judgements upon the actions that relate to such
power: and if the law does declare the children of marriages against the
parents will to be bastards, they are so; and the Son not to succeed in his
Fathers estate, it must be so; and the marriage to be a concubinate, it must
be accounted so; and the conjunction to be uncleannesse, it must be called
dishonourable, and may be punished as if it were so: and this must last so
long till the son be by the same law declar'd not to be under his Fathers
power as to that particular; and when it is so, he can then chuse for himself
without fraud or detriment; though even then also he hath upon him
two bands, <hi>Reverence</hi> and <hi>Piety,</hi> from which the son can never be emanci<g ref="char:EOLhyphen"/>pated
<pb n="390" facs="tcp:58903:506"/>
as long as he lives, and as long as he can be obliged to be a thankfull
person, ever remembring what the old <hi>Sibyll</hi> said, that they deserve damna<g ref="char:EOLhyphen"/>tion
<q>
                           <l>… quíve parentes</l>
                           <l>In senio linquunt, neque praemia digna rependunt</l>
                           <l>Pro Nutricatu, vel qui parere recusant,</l>
                           <l>Aspera vel contra dixerunt verba parentes,</l>
                        </q>
who leave their parents in their old age, who speak words against them,
who doe not pay their thankfull duty for their alimony and education, and
who refuse to obey them, viz. according to the laws, and according to the
exigence of reverence and piety which must be for ever.</p>
                     <div type="part">
                        <head>Of exemption from the power of Fathers.</head>
                        <p>For by this means we shall the shortest and truest answer the inquiry,<note place="margin">20.</note>
when a Son is free from his Fathers power, and how long he is <gap reason="foreign">
                              <desc>〈 in non-Latin alphabet 〉</desc>
                           </gap>,
as <hi>Demosthenes</hi> his expression is,<note place="margin">in Encomio.</note> 
                           <hi>subject to the
necessity of the Fathers laws.</hi> I answer that, in those things which are parts
of natural power and relate to personal duties, the Father hath always <hi>a
power of Counsel,</hi> which must be regarded by the ties and analogies of <hi>reve<g ref="char:EOLhyphen"/>rence</hi>
and <hi>piety,</hi> and the reasons of the things themselves. But in those
powers which the law hath given him, he is to abide in them as long as the
law permits; for in this there is no other measure but the law. But in these
and all other things whatsoever, when by <hi>nature</hi> and <hi>the laws</hi> we are quit
from the Empire of the Father, and that power which is called <hi>Castigation,</hi>
or the power of command and coercion, we are still tied to fear him with a
reverential fear, and to obey him with the readinesse of piety in all things
where Reverence and Piety are to have regard and prevail, that is, where<g ref="char:EOLhyphen"/>ever
it is possible and reasonable to obey. <hi>Quae praerogativa ex beneficentia
acquiritur perpetuo durat,</hi> said <hi>Aristotle, The authority that is acquir'd by boun<g ref="char:EOLhyphen"/>ty
is perpetual.</hi>
                        </p>
                        <p>And therefore even Marriage it self does not quit the children from
their duty:<note place="margin">21.</note> Not onely by force of Civil laws, in which sense the sons wife
was in the Fathers power as well as the son himself till he was emancipa<g ref="char:EOLhyphen"/>ted;
but I mean it in respect of reverence and pious regards, and natural
duty,<note place="margin">Homil. 11. in Levit.</note> and humble observation. For <hi>Nomen Patris grande Mysterium est,
&amp; nomen Matris arcana Reverentia,</hi> said <hi>Origen;</hi> there is Reverence, and
there is mystery, and all sacrednesse in the Names of Father and Mother;
and that dignity lasts for ever. The Ancients tell that when <hi>Danaus,</hi> who
had given liberty to his fifty daughters to marry according to their own
liking, was compelled to give them to the fifty Grandchildren of <hi>Aegisthus,</hi>
he gave to each of them a sword, and commanded them to kill their hus<g ref="char:EOLhyphen"/>bands
the first night before their congresse: and they thought themselves,
though married, oblig'd to obey their Father, and all did so but <hi>Hypermne<g ref="char:EOLhyphen"/>stra,</hi>
who for her disobedience was question'd upon her life, and was by the
equally-divided sentences of the Judges acquitted. The like story to this
is told by <hi>Chalcondylas,</hi> that a daughter of a <hi>Florentine</hi> Physician being by
the public request and necessity of the Town given to <hi>Lantislaus</hi> an amo<g ref="char:EOLhyphen"/>rous
Prince, who to get her besieged the Town, her Father gave her a poy<g ref="char:EOLhyphen"/>son'd
<pb n="391" facs="tcp:58903:506"/>
handkerchief which he commanded her to use upon the Prince; and
she did so, and upon her self, and both died. These indeed were excesses
of power and obedience: but I noted them to shew that the sense of the
world is to suppose children oblig'd to their parents even when they are in
the power of a husband, or in necessitude and conjunction with a wife. And
this is extended also to daughters that are Widows, if they be in mino<g ref="char:EOLhyphen"/>rity,
that is under 25 years; for so it was in the <hi>Roman</hi> law; or, if under any
other number of years which the law calls minority in any Government.
<gap reason="foreign">
                              <desc>〈 in non-Latin alphabet 〉</desc>
                           </gap>,
<hi>If she will marry again,</hi>
                           <note place="margin">In Basi<gap reason="illegible" resp="#TECH" extent="1 letter">
                                 <desc>•</desc>
                              </gap>ico.</note> 
                           <hi>let her marry by the consent of her
Father.</hi>
                        </p>
                        <p>2. If a Son be a Magistrate,<note place="margin">22.</note> the Magistrate is exempted, but not the
Son. That is, in those things which concern his office and dignity the Father
hath nothing to doe with him: but in things Oeconomical the Fathers
power stands, and his person is capable of the same regards as formerly; <hi>of
all the same, Salvo honore Magistratus.</hi> But yet the reverence of such a
Son to a Father ought to be no otherwise exacted then by the measures of
prudence and custome, and the common usages of the place. When <hi>Fa<g ref="char:EOLhyphen"/>bius
Maximus</hi> came to his Son who was then <hi>Consul,</hi> and sate upon his horse,
otherwise then he ought, his Son sent the Lictors to him to call him to
descend and come to him:<note place="margin">Vale. Max. l. 2. c. 2.</note> and the old Man gladly obeyed, and told him,
<hi>Non ego Imperium tuum, mi Fili, contempsi,</hi> I did not despise thy authority,
but I tried if you knew how to be a Consul: <hi>nec ignoro quid Patriae venera<g ref="char:EOLhyphen"/>tioni
debeatur; verum publica instituta privatâ pietate potiora judico, I know
what veneration is due to a Father; but the private regard must give place to
the public laws.</hi> And yet even in things of public nature, if a Father be wise,
his Counsel ought to have some force besides the reason. When the Tri<g ref="char:EOLhyphen"/>bunes
of the people, who sometime had Consular dignity, contended which
of them should goe to the Warre against the <hi>Lavicani</hi> (for they all would
fain have gone, but none would stay at home to take care of the city)
<hi>Quintus Servilius</hi> commanded his Son to stay, and doe his duty at home;
and he did so, for it was for the public interest that one should, and the
power of his Father determin'd him when they all refus'd at first.</p>
                        <p>3. If a Son enters into holy Orders,<note place="margin">23.</note> it does not quit him from his duty
and obedience to his Father, unlesse the law declare it so; that is, in such
things wherein the Fathers political power did consist. And we find in
that collection of Canons which is called Apostolical,<note place="margin">Cap. 81.</note> it is decreed that if
a servant take on him holy Orders against the will of his lord, there was a
redhibition allowed; he was to return to his service, till he was freed by his
lord. The case is the same in Princes and in Fathers.</p>
                        <p>There are four little Queres more for the finishing this Rule; the answers to
which will be short, because they depend upon the former discourses.</p>
                        <p>1. Whether if the Grandfather be alive,<note place="margin">24.</note> and the Son be in his power,
it be sufficient to legitimate the marriage of the Nephew if the Grandfather
consent, though the Father be not ask'd.</p>
                        <p>To this the Lawyers answer with a distinction:<note place="margin">25.</note> If the Nephew mar<g ref="char:EOLhyphen"/>ry
a wife,<note place="margin">l. oratione 16. §. 1. ff. de rit<gap reason="illegible" resp="#TECH" extent="1 letter">
                                 <desc>•</desc>
                              </gap> nuptiar. l. 3. D. eod.</note> the consent of the Son must be ask'd; but if the Niece mar<g ref="char:EOLhyphen"/>ry,
<pb n="392" facs="tcp:58903:507"/>
the consent of the Grandfather is sufficient: and so it is if the Nephew
marry in the same family, that is, the Niece by another son. The reason of
the last is, because the Fathers are suppos'd willing to doe advantage to their
own family, and therefore it may be sufficient that he who is in actual pos<g ref="char:EOLhyphen"/>session
of the Government should explicitly consent, and the other impli<g ref="char:EOLhyphen"/>citely.
But why to the marriage of the Niece the Grandfathers consent
should be enough, but to the Nephew's marriage the Fathers consent also
be requir'd, the reason that is pretended is onely this, Because no man
ought to have his heir provided for him against his will, of which there is
no danger in the marriage of a daughter. But in short, though this was
thus in the Civil law of the <hi>Romans,</hi> and was no more reasonable then we
see; yet now that it is a case of Conscience I am to answer otherwise. For it
is against Natural and Divine reason and laws that the Father should in
either of the cases be neglected, who ought rather to be preferred, as he that
is most and longest like to be concerned in the good and evil of the mar<g ref="char:EOLhyphen"/>riage.</p>
                        <p>2. Whether if the parents have consented and authoris'd the treaty
of marriage till the affections of the children are irrevocably ingag'd,<note place="margin">26.</note> and
afterwards retract that consent, the children are bound to obey their pa<g ref="char:EOLhyphen"/>rents,
and quit their loves.</p>
                        <p>This I find in an elegant case related by <hi>Gentian Hervet</hi> in his oration
to the Council.<note place="margin">27.</note> 
                           <hi>Damoiselle Vitrou</hi> was espoused to a Cavalier by her pa<g ref="char:EOLhyphen"/>rents;<note place="margin">de clandest. Ma<g ref="char:EOLhyphen"/>trim. impress. Paris. 1556.</note>
but when he would have married her and carried her home to his
friends, her parents, I know not upon what account, chang'd their minds
and refus'd to let her goe. But the Souldier carries her away by force
and marries her and lies with her, but us'd her ill; of which she being quick<g ref="char:EOLhyphen"/>ly
weary, flies into a Monastery; and that she might not be drawn thence
and forc'd to return under her bondage, she pretends that he was not her
husband by law, because he forc'd her from her Fathers house against the
will of her parents. To this it was answered in behalf of the husband,
that she who was espoused legally, might be carried away by the spouse
lawfully,<note place="margin">in Burchard. &amp; in decretis.</note> according to that of <hi>Gregory,</hi> and <hi>Eusebius, Si quis virginem aut
viduam furatus fuerit, nisi fuerit à se desponsata, anathema sit.</hi> If she was
not espoused, it is <hi>Plagium &amp; raptus, a rape and stealth;</hi> but if she was, it
was no fraud to him.<note place="margin">Idem dixit Lu<g ref="char:EOLhyphen"/>cius 3. in C. cum causam de rapt. extra.</note> Now if this was no ravishment, as it is plain, be<g ref="char:EOLhyphen"/>cause
she was espoused, and she was willing, though her parents were not,
then she was his wife, saies the Law; and if so, then the revocation or dis<g ref="char:EOLhyphen"/>sent
of the Father hindred not but that she might proceed thither where
she was ingag'd. Now this case went farre indeed: But if it be not gone so
farre, yet if it be gone thither from whence they cannot honestly or de<g ref="char:EOLhyphen"/>cently
recede, the Fathers dissent ought not to be a prejudice to the con<g ref="char:EOLhyphen"/>summation:
for it began from an honest and a competent cause, it was a fire
kindled from the Sun, and it proceeds to that which is honest in it self; and
therefore there is no evil done. But if the parties are unengag'd, or be in<g ref="char:EOLhyphen"/>different,
or can well retire, the first liberty did not let them loose from du<g ref="char:EOLhyphen"/>ty,
but that they are to abide therewhere they were, unlesse (I say) by that
first leave they are pass'd beyond a fair return. For the affections and the
great content of children is not to be plaid with, as with a tennis-ball; and
it is in this as in his children, if he have begotten the affection unto life, he
must maintain it at his own charge.</p>
                        <p>
                           <pb n="393" facs="tcp:58903:507"/>
3.<note place="margin">28.</note> Whether Mothers have the same authority over their children as
the Fathers have.</p>
                        <p>To this I answer, that in the Civil law sons were not in their Mothers
power, but in their Fathers:<note place="margin">Seneca controv. l. 3. c. 5. <gap reason="foreign">
                                 <desc>〈 in non-Latin alphabet 〉</desc>
                              </gap>.</note> 
                           <hi>Appellare de nuptiis debui Patrem;</hi> and <hi>Eustathius</hi>
upon <hi>Homer,</hi> 
                           <gap reason="foreign">
                              <desc>〈 in non-Latin alphabet 〉</desc>
                           </gap>.
He that gives the dowry, it is fit that by his will the marriage
be contracted. This is well enough, that the Father should doe it: but it
becomes the piety of children to endeavour that their Mother be pleased;
for to her also there is the same natural relation, obligation and minority,
and in all things they are equal, abating the privilege of the sex; and there<g ref="char:EOLhyphen"/>fore
though the same duty is owing to them both, yet their authority is se<g ref="char:EOLhyphen"/>verally
express'd,<note place="margin">Ismeniae &amp; Is<g ref="char:EOLhyphen"/>men. 5.</note> which to my sense is well intimated by <hi>Eustathius:</hi> 
                           <gap reason="foreign">
                              <desc>〈 in non-Latin alphabet 〉</desc>
                           </gap>,
<hi>Not the pow<g ref="char:EOLhyphen"/>er
of my Father, nor the persuasion of my Mother, should make me marry even</hi>
Venus <hi>her self.</hi> Where the Mother is allowed onely the power of per<g ref="char:EOLhyphen"/>suasion.
But that also implies all her power, onely that is the most pro<g ref="char:EOLhyphen"/>per
way for her exercise of it.<note place="margin">Epist. ad Pau<g ref="char:EOLhyphen"/>lum.</note> And it is the most forcible. <hi>Jussum erat,
quodque est potentissimum Imperandi genus, rogabat, qui jubere poterat,</hi> said
<hi>Ausonius.</hi> 
                           <gap reason="foreign">
                              <desc>〈 in non-Latin alphabet 〉</desc>
                           </gap>,
said <hi>Julian</hi> the Emperor.<note place="margin">Orat. 2.</note> 
                           <hi>For they that can if they
please compel, ought most of all to prevail when they counsel and intreat.</hi> But
however things were in the law of the <hi>Romans,</hi> yet by the laws of nature
Mothers, who have so great an affection to their children, and so great an
interest in the good and evil respectively of their Son in law's or their
Daughters manners, must with duty &amp; tendernesse be regarded like the Fa<g ref="char:EOLhyphen"/>thers.
<gap reason="foreign">
                              <desc>〈 in non-Latin alphabet 〉</desc>
                           </gap>,
said S.<note place="margin">in Genes. l. 4.</note> 
                           <hi>Cyril</hi> of
<hi>Alexandria:</hi> Consonantly to the law of Nature he commanded his son to
abstain from such marriages as were displeasing to his Mother. <hi>Isaac</hi> did so
to <hi>Jacob.</hi> And to this purpose <hi>Catullus</hi> elegantly presses this obligation.
<q>
                              <l>At tu ne pugna cum tali conjuge, virgo.</l>
                              <l>Non aequum est pugnare, Pater cui tradidit ipse,</l>
                              <l>Ipse Pater cum Matre, quibus parêre necesse est.</l>
                              <l>Virginitas non tota tua est: ex parte parentum est.</l>
                              <l>Tertia pars Matri data, pars data tertia Patri,</l>
                              <l>Tertia sola tua est.—</l>
                           </q>
Her Father and her Mother and her self had in her self equal share.</p>
                        <p>But if the Father be dead,<note place="margin">29.</note> then the question is greater, because if the
Mother have any power, she hath it alone: when her Husband liv'd she had
power as the Moon hath light by the aspect of the Sun; but now that her
light is extinguish'd, hath she any natural and proper power of her own?
To this S. <hi>Austin</hi> answers clearly,<note place="margin">Epist. 233.</note> 
                           <hi>Fortassis enim quae nunc non apparet,
apparebit &amp; Mater, cujus voluntatem in tradenda filia omnibus ut arbitror
Natura praeponit: nisi eadem puella in ea jam aetate fuerit, ut jure licentiore
sibi eligat ipsa quod velit.</hi> From which words of S. <hi>Austin</hi> it is plain, that
in the disposing of her <hi>daughter</hi> in marriage by the voice of Nature the
Mother hath a power; and this is rather, and more, and longer then in the
disposal of her <hi>son.</hi> The reason of both is the same, because by the advan<g ref="char:EOLhyphen"/>tage
of the sex and breeding, the son will be fit to govern in the family;
and at the same time the daughter hath the weaknesses of feminine spirit
<pb n="394" facs="tcp:58903:508"/>
upon her as much as the Mother, and more by reason of her tender age
and want of experience. To which may be added, that if the Father be
dead, the estate is descended upon the Son, and then he is put by law under
the power of Tutors and Guardians, and then is to marry, <gap reason="foreign">
                              <desc>〈 in non-Latin alphabet 〉</desc>
                           </gap>,
saies the law, <hi>by the consent of his Kindred</hi> and
Guardians; that is, if he be not come to maturity: but if he be, the rule
is,<note place="margin">l. filia. 20. C. de inoffic. te<g ref="char:EOLhyphen"/>stam. &amp; <gap reason="foreign">
                                 <desc>〈 in non-Latin alphabet 〉</desc>
                              </gap>. lib. 28. c. 4. Constanti<gap reason="illegible" resp="#TECH" extent="1 letter">
                                 <desc>•</desc>
                              </gap>n. Harm<gap reason="illegible" resp="#TECH" extent="1 letter">
                                 <desc>•</desc>
                              </gap>nopul. Epitom. l. 4. tit. 7. §. 12.</note> 
                           <hi>Filius quidem pubes nullius expectat arbitrium, filia verò Matris &amp; pro<g ref="char:EOLhyphen"/>pinquorum,</hi>
A son that is of a marriageable age if his Father be dead is
wholly in his own power, but a daughter is under the power of her Mo<g ref="char:EOLhyphen"/>ther.
And yet this also lasts no longer but to a certain age, which is deter<g ref="char:EOLhyphen"/>min'd
by the laws of every Nation respectively. And yet both the Son
and the Daughter are to shew piety to their Mother, and not to grieve her.
<hi>Pulchre Deo obtemperat qui tristis est Parenti,</hi> for <hi>he does ill serve God, that
brings sorrow to his parent.</hi> And therefore the Ancient laws of the <hi>Romans</hi>
were ever favourable to that part of the marriage which the Mother chose.
<hi>Postulatu audito Matris Tutorumque, Magistratus secundum parentis arbi<g ref="char:EOLhyphen"/>trium
dant jus Nuptiarum,</hi>
                           <note place="margin">Liv. lib. 4.</note> saies <hi>Livy.</hi> But the <hi>Wisigoths</hi> by their law were
more kind to the Mothers interst,<note place="margin">lib. 3. tit. 1. §. 7.</note> for <hi>Patre mortuo utriusque sexus filiorum
conjunctio in Matris potestate consistat;</hi> Both son and daughter if their Fa<g ref="char:EOLhyphen"/>ther
was dead were in the power of their Mother, and were to marry by her
appointment and counsel.<note place="margin">in Abramio.</note> And therefore <hi>Simeon Metaphrastes</hi> commends
<hi>Abraham</hi> for taking a wife at the command of his parents, <gap reason="foreign">
                              <desc>〈 in non-Latin alphabet 〉</desc>
                           </gap>,
<hi>as knowing it to be one of the Divine
Commandements to obey his Father and his Mother.</hi> But these things were
varied by laws and particular considerations. That which is of universal truth
is this onely, That in their natural minority children are equally under the
power of their Mother, as of their Father when he was alive; but when
they can chuse, they are sooner quit from the Castigation or legal coerci<g ref="char:EOLhyphen"/>tive
powers of their Mother, then of their Father if he had liv'd. And this
relies upon the practice and consent of all the world, and hath this reason,
because women are not by laws suppos'd very fit to govern lasting interests.
But lastly, they are never quit from their reverence and duty, piety and
greatest and kindest regards: but the Mothers dissenting does not annul the
marriage of her sons that are of age; and it is so far from that, that their
not complying with their Mother in this affair is onely then a sin when it is
done with unregarding circumstances, or hath not in it a great weight of
reason. But every child should doe well to remember their obligation to
their Mothers;<note place="margin">lib. 1. de Sa<g ref="char:EOLhyphen"/>cerdot.</note> and as S. <hi>Chrysostom</hi> said in his own case, when he had a
mind to enter into a Monastery his Mother recalled him, or rather the
voice of God crying, <hi>Fili colito Anthusam,</hi> Son remember thy Mother <hi>An<g ref="char:EOLhyphen"/>thusa,</hi>
and grieve her not as long as she lives.<note place="margin">Origen. ubi supra.</note> For <hi>Nomen Matris, arcana
reverentia,</hi> There is a secret veneration due to the very Name of a Mo<g ref="char:EOLhyphen"/>ther.</p>
                        <p>4. Although a Fathers authority is such that against it a Son may
not marry;<note place="margin">30.</note> yet whether or no is the power of the parents such that they
can compel a son or a daughter to marry whom or when they will?</p>
                        <p>To this I answer,<note place="margin">31.</note> that in the matters of marriage especially, and pro<g ref="char:EOLhyphen"/>portionably
to the probable event of things in other lasting states of life,
that of <hi>Aristotle</hi> is very true, <gap reason="foreign">
                              <desc>〈 in non-Latin alphabet 〉</desc>
                           </gap>,
<hi>The Fathers authority hath in it no necessity, no constraint</hi>
                           <pb n="395" facs="tcp:58903:508"/>
Which <hi>Heliodorus Prusaeensis</hi> thus paraphrases, The commandements of Fa<g ref="char:EOLhyphen"/>thers
of their children <gap reason="foreign">
                              <desc>〈 in non-Latin alphabet 〉</desc>
                           </gap>, <hi>have
not in them such force that they can compel their children.</hi> And therefore
<hi>Pamphilus</hi> in the Comedy complains passionately, and yet reasonably,
<q>
                              <l>Proh Deûm atque hominum fidem! quid est,<note place="margin">Andria, Act. 1. Scen. 5.</note> si non haec contumelia'st?</l>
                              <l>Uxorem decrêrat sese dare mihi hodie: nonne oportuit</l>
                              <l>Praescisse me ante? nonne priùs communicatum oportuit?</l>
                           </q>
Upon which place <hi>Donatus</hi> said well, <hi>quia nuptiarum non omnis potestas in
Patre est, All the intire power of marriages is not in the Fathers.</hi> It may
not be done against their wills, but neither is their will alone sufficient.
The Fathers have a negative, but the children must also like. <hi>Constat enim
circa nuptias esse filiis liberam voluntatem: ideo servatâ ratione pietatis com<g ref="char:EOLhyphen"/>municatum
oportuit,</hi> said <hi>Eugraphius.</hi> For it is certain they have the power
of choice, and therefore in piety the Father ought to have acquainted
the Son with it. And the same also is the case of the daughter, she is not
to be forc'd to marry against her inclination and affections. <hi>Eustathius</hi>
upon that of <hi>Homer,</hi>
                           <note place="margin">ad <gap reason="foreign">
                                 <desc>〈 in non-Latin alphabet 〉</desc>
                              </gap>
                           </note> 
                           <gap reason="foreign">
                              <desc>〈 in non-Latin alphabet 〉</desc>
                           </gap>,
it was spoken according to the exactest political measures,
that the Father should chuse an husband for his daughter <hi>
                              <gap reason="illegible" resp="#TECH" extent="1 letter">
                                 <desc>•</desc>
                              </gap>enelope,</hi> and yet
that his daughter should like the yong Prince <hi>Ulysses;</hi> 
                           <gap reason="foreign">
                              <desc>〈 in non-Latin alphabet 〉</desc>
                           </gap>.
For there is diffe<g ref="char:EOLhyphen"/>rence
between a servant and a child; the Father may chuse for his daugh<g ref="char:EOLhyphen"/>ter,
so that at the same time she may chuse for her self: and therefore (saies
he) when <hi>Homer</hi> said <gap reason="foreign">
                              <desc>〈 in non-Latin alphabet 〉</desc>
                           </gap>, he saies it in respect of the Father,
that he may give her to whom he please; but when he saies <gap reason="foreign">
                              <desc>〈 in non-Latin alphabet 〉</desc>
                           </gap>,
he saies it in respect of the Daughter, that the man
whom the Father chuses must be gracious in her eyes: <gap reason="foreign">
                              <desc>〈 in non-Latin alphabet 〉</desc>
                           </gap>,
said <hi>Priscus,</hi>
                           <note place="margin">in Eclogis le<g ref="char:EOLhyphen"/>gationum.</note> 
                           <hi>It is impious
to marry a daughter against her will.</hi>
                        </p>
                        <p>But this is to be understood with some restraint.<note place="margin">32.</note> For if a Father may
chuse, and the daughter may chuse too, how if it happens that they fancy
several persons? shall the Fathers authority, or the daughters liking pre<g ref="char:EOLhyphen"/>vail?
both cannot prevail at once: but the question is, which shall, and
when, and how long, or in what cases. To this I answer that if the matter
be indifferent, or the person be fit, the Father ought to prevail. <hi>Patris
quippe jussa non potuisse filium detrectare,</hi>
                           <note place="margin">Tacit. Annal. 3.</note> A son may not refuse his Fathers
commandement. For the Fathers authority is certainly a very great thing;
<gap reason="foreign">
                              <desc>〈 in non-Latin alphabet 〉</desc>
                           </gap>,<note place="margin">Manuel Palae<g ref="char:EOLhyphen"/>olog. orat. 7.</note> 
                           <hi>A Father is by
Nature to his child both a Lord and a Prince:</hi> and therefore <hi>Theophilus</hi> calls
the Paternal power <gap reason="foreign">
                              <desc>〈 in non-Latin alphabet 〉</desc>
                           </gap>,<note place="margin">a <gap reason="illegible" resp="#TECH" extent="1 letter">
                                 <desc>•</desc>
                              </gap>. §. 1. de his qui sui vel ali<g ref="char:EOLhyphen"/>en. jur. Dec<gap reason="illegible" resp="#TECH" extent="1 letter">
                                 <desc>•</desc>
                              </gap>am. 10.</note> which is the title of the Royal Majesty:
and though the old name for disobedience in the Scripture is <hi>Witchcraft,</hi>
yet <hi>Ennodius</hi> would fain have found a new name for this kind of it. <hi>Non in<g ref="char:EOLhyphen"/>venio
quâ novum facinoris genus explicem novitate sermonum, quibus fuit
Sacrilegium non parere.</hi> It is Sacrilege at least not to obey our parents.
Now although this be spoken generally and indefinitely, yet it must have
it's effect in such commandements which have no great reason against them:
and therefore if a Father offers a wife to a son, or a husband to a daughter,
such as a wise or a good man may offer without folly and injury, the child
is not to dispute at all, but to obey, if the Father urges and insists upon the
precept.</p>
                        <p>
                           <pb n="396" facs="tcp:58903:509"/>
But there are some cases in which the Father ought not to urge the
children.<note place="margin">33.</note> 1. If the children be not capable or able for marriage, if it
be destructive of their health, or against his nature; and this excuse
was allowed amongst the <hi>Romans</hi> even where the Paternal power was
at the highest.<note place="margin">Senec. controv. 1. 6.</note> 
                           <hi>Solent qui coguntur à Patribus ut Uxores ducant, illa
dicere, Non sumus etiam nunc apti nuptiis.</hi> It is not fit to require
them to marry that hate, or are unable to doe the offices of that
state. 2. If the Father offer to his child a dishonest or filthy person, un<g ref="char:EOLhyphen"/>equal,
or unfit; that is, when it is notoriously or scandalously so: when
the person is intolerably and irreconcileably displeasing, then the command
is tyranny. The Son is bound to obey his Father commanding him to
marry; <hi>Sed enim si imperet uxorem ducere infamem, propudiosam, crimino<g ref="char:EOLhyphen"/>sam,
non scilicet parendum,</hi>
                           <note place="margin">lib. 2. c. 7.</note> said <hi>A. Gellius;</hi> But not if he offers to his
child an infamous, a dishonest person. And so the law provides in behalf
of the daughter, that she ought not to be compelled to marry an infamous
man; <hi>l. sed quae Patris, ff. de Sponsal.</hi> and so <hi>Harmenopulus</hi> renders it, <gap reason="foreign">
                              <desc>〈 in non-Latin alphabet 〉</desc>
                           </gap>
                           <note n="*" place="margin">Matthaus Monachus legit <gap reason="foreign">
                                 <desc>〈 in non-Latin alphabet 〉</desc>
                              </gap>, ut filiu<g ref="char:cmbAbbrStroke">̄</g> etiam compre<gap reason="illegible" resp="#TECH" extent="1 letter">
                                 <desc>•</desc>
                              </gap> 
                              <gap reason="illegible" resp="#TECH" extent="1 span">
                                 <desc>〈…〉</desc>
                              </gap> malè, quia eo loci JC. <gap reason="illegible" resp="#TECH" extent="1 span">
                                 <desc>〈…〉</desc>
                              </gap> qui<g ref="char:EOLhyphen"/>tur de filio &amp; filia, &amp; de filio con<g ref="char:EOLhyphen"/>troversia non erat. Harm<gap reason="illegible" resp="#TECH" extent="1 letter">
                                 <desc>•</desc>
                              </gap>nopalo a. conscntiunt <gap reason="foreign">
                                 <desc>〈 in non-Latin alphabet 〉</desc>
                              </gap> lib. 28. tit. 1.</note> 
                           <gap reason="foreign">
                              <desc>〈 in non-Latin alphabet 〉</desc>
                           </gap>,
<hi>She that is under her
Fathers power can then onely refuse her Fathers command,
when he chuses for her a man that is unworthy in his manners,
and a filthy person:</hi> and indeed in this case she hath leave to
refuse the most Imperious command of an angry Father. Son and daugh<g ref="char:EOLhyphen"/>ter
in this have equal right: <gap reason="foreign">
                              <desc>〈 in non-Latin alphabet 〉</desc>
                           </gap>:
so <hi>Lucian.</hi>
                           <note place="margin">in dial. Meretr.</note> 
                           <hi>Though his Father would have compell'd and
forc'd him to marry a wife, yet he refus'd it:</hi> and he might lawfully, when he
offer'd him a strumpet.</p>
                        <p>But there is another sort of persons which are called <hi>Turpes</hi> filthy or
hatefull;<note place="margin">34.</note> and that is, such as are deformed and intolerably ugly. <gap reason="foreign">
                              <desc>〈 in non-Latin alphabet 〉</desc>
                           </gap>,
saith <hi>Lucian,</hi>
                           <note place="margin">in Charidemo.</note> 
                           <hi>We call them filthy that are not
fair or comely.</hi> But in this sense, if the Father offers a husband to his
daughter, she hath not liberty to dissent, but onely to petition for liberty:
for beauty is not the praise of a man, and he may be a worthy person,
though of an ill shape, and his wit and manners may be better then his
countenance. And there is no exception in this, but that if the daughter
hath us'd all means she can to endure him, and cannot obtain it, she can
onely then refuse when she can be sure that with him she can never doe her
duty; of which because she cannot be sure beforehand, because his worthi<g ref="char:EOLhyphen"/>nesse
may overcome the aire and follies of her fancy, therefore the unhand<g ref="char:EOLhyphen"/>somenesse
of a man is not alone a sufficient cause for a daughter to refuse
her Fathers earnest commands. But yet in this case though a Father have
authority, yet a good Father will never use it, when it is very much against
his Daughter, unlesse it be also very much more for her good. But a Son
hath in this some more liberty, because he is to be the head of a family, and
he is more easily tempted, and can sooner be drawn aside to wander, and
beauty or comelinesse is the proper praise of a woman; comelinesse and
good humor, <hi>forma uxoria,</hi> and a meek and quiet spirit are her best dressings,
and all that she can be good for in her self; and therefore the uglinesse of a
woman will sooner passe into an incapacity of person, then it can doe in a
man. But in these cases, as children should not be too forward to dispute
the limits of their Fathers power, lest they mistake their own leave
or their Fathers authority; so Fathers also should remember what the
<pb n="397" facs="tcp:58903:509"/>
Lawyers say,<note place="margin">l. D. Adrianus. ff. ad legem Pompeian. de partic. Advers. Mar<g ref="char:EOLhyphen"/>cion.</note> 
                           <hi>Patria potestas in pietate debet, non in atrocitate consistere,</hi> The
Fathers power consists not in the surliest part of Empire, but in the sun<g ref="char:EOLhyphen"/>shine
side, in the gentlest and warmest part. <hi>Quis enim non magis filiorum
salutem quam suam curat?</hi> saith <hi>Tertullian.</hi> He is an ill Father that will
not take more care for the good of his child, then his own humor.</p>
                        <p>The like is to be said in case the Father offers to his child a person of
a condition much inferior.<note place="margin">35.</note> For though this difference is introduc'd prin<g ref="char:EOLhyphen"/>cipally
by pride and vanity in all the last ages of the world, and Nobility is
not the reward of vertue, but the adornment of fortune, or the effect of
Princes humors, unlesse it be in some rare cases; yet now that it is in the
humors and manners of men, it is to be regarded, and a Diamond is really
of so much value as men will give for it: and therefore a son or daughter
may justly refuse to marry a person whose conjunction will be very disho<g ref="char:EOLhyphen"/>nourable
and shamefull: but at little differences children must not start. If
the Nobility marries into the family of a Merchant, the difference is not so
great, but that portion makes up the want of great extraction. For a hus<g ref="char:EOLhyphen"/>band
or a wife may be <gap reason="foreign">
                              <desc>〈 in non-Latin alphabet 〉</desc>
                           </gap>, <hi>Noble by their wealth;</hi> so the
Greek proverb means: and old <hi>Ennius</hi> translating of <hi>Euripides</hi> his <hi>Hecuba,</hi>
makes wealth to be Nobility,
<q>
                              <l>Haec ita etsi perversè dicas,<note place="margin">apud A. Gell. lib. 11. c. 4.</note> facile Achivos flexeris.</l>
                              <l>Nam cum opulenti loquuntur pariter atque ignobiles,</l>
                              <l>Eadem dicta, eademque oratio aequa, non aequa valet.</l>
                           </q>
When the rich and the ignoble speak the same things, the rich man shall
prevail when the ignoble shall not.
<q>
                              <l>—<gap reason="foreign">
                                    <desc>〈 in non-Latin alphabet 〉</desc>
                                 </gap>
                              </l>
                              <l>
                                 <gap reason="foreign">
                                    <desc>〈 in non-Latin alphabet 〉</desc>
                                 </gap>.<note place="margin">Eurip. in Ar<g ref="char:EOLhyphen"/>chelao.</note>
                              </l>
                           </q>
Wealth makes nobility. And therefore in such cases, if the sons or daughters
refuse the command of their Father, it is to be accounted rebellion and dis<g ref="char:EOLhyphen"/>obedience.
But this whole inquiry is well summ'd up in those excellent
words of <hi>Heliodorus,</hi> 
                           <gap reason="foreign">
                              <desc>〈 in non-Latin alphabet 〉</desc>
                           </gap>.
<hi>If the
Fathers will use the utmost power of law, it is enough for them to say, It is their
will. And it is to no purpose to ask, where they have power to compel. But
when there is a marriage to be contracted, it is fit that they both consent.</hi>
                        </p>
                        <p>There are some inquiries relating to the title of this Chapter, which would
be seasonable enough here to be considered, concerning the powers of
Husbands over their Wives: But because the Matrimonial questions and
cases of Conscience are very Material and very Numerous, and of all
things have been most injur'd by evil and imperfect principles and worse
conduct; I though it better to leave this to fall into the heap of Matri<g ref="char:EOLhyphen"/>monial
cases, which I design in a book by it self, if God shall give me
opportunity, and fit me with circumstances accordingly.</p>
                     </div>
                  </div>
               </div>
               <div n="6" type="chapter">
                  <pb n="398" facs="tcp:58903:510"/>
                  <head>CHAP. VI. Of the Interpretation, Diminution and Abrogation of Hu<g ref="char:EOLhyphen"/>mane
lawes.</head>
                  <p>
                     <seg rend="decorInit">T</seg>HERE are seven ways of the changing of humane
laws so, that the obligation of Conscience is also
changed: 1. Equity, 2. Judicial interpretation, 3. A
contrary, or a ceasing reason, 4. Dispensation, 5. Com<g ref="char:EOLhyphen"/>mutation,
6. Contrary Custome, 7. Direct revocation
or abrogation. Of these I am to give account in this Chap<g ref="char:EOLhyphen"/>ter,
that the Conscience having already seen her obliga<g ref="char:EOLhyphen"/>tion,
may also discern when she enters into liberty.</p>
                  <div n="1" type="section">
                     <head>§. 1. Of Equity.</head>
                     <head> RULE I. VVhen the letter of the law is burdensome and un<g ref="char:EOLhyphen"/>just,
the meaning and charity of the law does one<g ref="char:EOLhyphen"/>ly
oblige the Conscience.</head>
                     <p>
                        <hi>SCire leges non est verba earum tenere,</hi>
                        <note place="margin">1.</note> 
                        <hi>sed vim ac potestatem; quia prior
atque potentior est quam vox mens dicentis,</hi> say the Lawyers, The mind of
the law-giver is more to be regarded then his words. For words change,
and things change; and our expressions sometimes the more literal they are,
the more obscure they are, because there are more words then things, and
the circumstances and appendages are the best commentary.
<q>
                           <l>Leges perquam egregia res sunt; sed is qui legibus utitur</l>
                           <l>Nimium exacte, videtur esse Sycophanta, <hi>said</hi> Menander.</l>
                        </q>
It is not the office of a Judge or Prince, but of a Sycophant, to be exact
in the use of his laws: but there is abatement and allay to the words by the
purpose of him that spake them.<note place="margin">Cicero lib. 2. de Invent.</note> For <hi>Nullam rem neque legibus, neque
scripturâ ullâ, denique ne in sermone quidem quotidiano atque Imperiis dome<g ref="char:EOLhyphen"/>sticis
recte posse administrari, si unusquisque velit verba spectare, &amp; non ad
voluntatem ejus qui verba habuerit accedere,</hi> For nothing can be rightly
administred either in lawes, or common talk, in public or domestic Go<g ref="char:EOLhyphen"/>vernments,
if we regard the words more then the mind of him that spake
them. There are some tacite exceptions in all laws that would not be ty<g ref="char:EOLhyphen"/>rannical.
<hi>Quaedam etiamsi nulla significatione legis comprehensa sint, naturâ
tamen excipiuntur,</hi> saith <hi>Quintilian;</hi> Natural reason excepts some things
which are not excepted in the law. And it was counted a fierce and cruel
piece of importune justice in <hi>Basilius Macedo</hi> the Emperor: when a stagge
<pb n="399" facs="tcp:58903:510"/>
fastned his horn in the Princes belt and toss'd him up with very much dan<g ref="char:EOLhyphen"/>ger,
one of his guard with a faucheon cut the Princes girdle and rescued him
from his sad calamity; but he caus'd the poor man to be put to death, be<g ref="char:EOLhyphen"/>cause
by the law it was capital to draw a sword upon the Prince. The law
could never intend to make it death to save the Princes life. Here was a ne<g ref="char:EOLhyphen"/>cessity
in this case; and if it had been like a fault, yet here it had been ex<g ref="char:EOLhyphen"/>cusable;
for <hi>necessity excuses whatever it compels to.</hi>
                     </p>
                     <p>Now this happens in the matter of penal laws principally;<note place="margin">2.</note> for those
equities which are alleviations of duty, I shall consider under the other
heads: but in penalties it is not onely the charity but the justice of the law,
that the subject should neither be shared by an unwary or obscure letter,
nor oppress'd by an unequal punishment.
<q>
                           <l>Quid tristes querimoniae,<note place="margin">Horat. l. 3. od. 24.</note>
                           </l>
                           <l>Si non supplicio culpa reciditur?</l>
                        </q>
Laws intend not to cut away the life or to pare away the goods of the sub<g ref="char:EOLhyphen"/>ject,
but to cut off his crimes, to restrain him from that which the law
would not have him to doe. This in propriety of speaking is <hi>justice:</hi> but
<hi>equity</hi> although it signifies all that reasonablenesse by which the burden of
laws is alleviated, and so will comprehend the six first heads; yet here I
mean it in the particular sense, that is, the easing of punishments; and the
giving gentle sentences; not by remission of what is justly incurred, for that
is <hi>Clemency,</hi> but by declaring the delated person not to be involved in the
curse of the law, or not so deeply; not to punish any man more then the
law compells us; that's equity. And to this many rules in the law doe
minister.</p>
                     <p>1.<note place="margin">3.</note> 
                        <hi>Non debet aliquis considerare verba,</hi>
                        <note place="margin">Cap. in his. de verb. signif.</note> 
                        <hi>sed voluntatem, cum non inten<g ref="char:EOLhyphen"/>tio
verbis, sed verba intentioni debeant deservire,</hi> said the law. Which is thus
to be understood; not that we are blindly to aime at some secret purpose of
the law-giver, for the intention of man is to be judg'd by his words, and not
the words by his intention. But the meaning is, that if some words be
obscure,<note place="margin">l. 4. ff. de legib.</note> they are to be made intelligible by others. <hi>Incivile enim esse nisi tot<gap reason="illegible" resp="#TECH" extent="1 letter">
                              <desc>•</desc>
                           </gap>
lege perspectâ unâ aliquâ ejus particulâ propositâ judicare,</hi> saies the law. We
must in discerning the sense of the law take in all together, the antecedents
and the consequences; and if darknesse be over all the face of the law, th<gap reason="illegible" resp="#TECH" extent="1 letter">
                           <desc>•</desc>
                        </gap>n
the intention is to be judg'd by circumstances, by the matter and the occa<g ref="char:EOLhyphen"/>sion,
by the story and by use. <hi>Intelligentia dictorum ex causis dicendi assu<g ref="char:EOLhyphen"/>menda
est,</hi>
                        <note place="margin">lib. 4. de Tri<g ref="char:EOLhyphen"/>nit.</note> said S. <hi>Hilary,</hi> By the causes of the law we may judge of the
intention of the law-giver.</p>
                     <p>2. When the first sense of the words inferres any absurdity,<note place="margin">4.</note> contra<g ref="char:EOLhyphen"/>diction,
injustice, or unreasonablenesse, the mind of the law-giver is to be
suppos'd to be otherwise, and the words are not to be adhered unto. <hi>In
ambigua voce legis ea potius accipienda est significatio quae vitio caret,</hi>
                        <note place="margin">l. 19. ff. de legibus.</note> 
                        <hi>prae<g ref="char:EOLhyphen"/>sertim
cum voluntas legis ex hoc colligi possit.</hi> The laws are suppos'd to be
good, and therefore no evil can come from them, and if there does, that
was not their mind;<note place="margin">Orat. pro Gae<g ref="char:EOLhyphen"/>cin.</note> for, as <hi>Cicero</hi> said rarely well, <hi>Verba reperta sunt, non
quae impedirent, sed quae indicarent voluntatem, Words were not invented to
obscure, but to declare the will, and therefore not the words but the will is to pre<g ref="char:EOLhyphen"/>vail;
for if we could otherwise certainly and easily understand the Princes
<pb n="400" facs="tcp:58903:511"/>
will, we should never use words.</hi> When <hi>Leo Isaurus</hi> was in expectation of
the Greek Empire,<note place="margin">Zonar.</note> he dealt with two Astrologers that were Jews: they pro<g ref="char:EOLhyphen"/>mis'd
that the summe of affairs would fall into his hands, and he pro<g ref="char:EOLhyphen"/>mised
them to grant them any one petition they should ask. When he had
obtained his desires, they desir'd, that all the images of Saints might
be demolished: he granted their request, but put them to death who put it
in execution. This was against that mind of the promise which the Prince
had or ought to have had, and he did not keep his <hi>promise</hi> though he kept
his <hi>word;</hi> for it is not to be supposed that he promis'd or intended to re<g ref="char:EOLhyphen"/>ward
them with a mischief. So it is in laws, if an evil be consequent to the
observation of the letter, the intention is then wholly to be regarded; for
<hi>fraudem legi facit,</hi>
                        <note place="margin">l. contra. ff. de legib. &amp; l. Non dubium. C. de legib.</note> 
                        <hi>qui salvis verbis legis, mentem ejus circumvenit,</hi> saith
the law, The law is then abus'd, when you keep the words of the law and
prevaricate in the sense and meaning.</p>
                     <p>3. If the intention be gathered by circumstances,<note place="margin">5.</note> by comparing of
laws, by the matter and by appendages, and yet but obscurely, the obscure
words are rather to be chosen then the obscure intention. The reason is,
because words are the first and principal signe of the intention, and there<g ref="char:EOLhyphen"/>fore
ever to be preferred, and we are to seek no other, but when by accident
these are hindred to signify: when the intention and the words doe differ,
by what means soever the intention can rightly be found out, that must be
stood to.<note place="margin">l. Nominis. ff. de verb. signif.</note> 
                        <hi>Ex lege esse tam quod est ex sententia legis, quam quod ex verbis;</hi>
for that is law which is signified by the words, or by the causes and matter
and circumstances. But when in respect of the obscurity on all hands the
case is indifferent, we must stand to the words; for there is equity in that,
that what is first in every kind, should be preferr'd and be the measure of
the rest.</p>
                     <p>4. Adde to this,<note place="margin">6.</note> that unlesse it be manifest that the words doe not re<g ref="char:EOLhyphen"/>present
the intention of the law-giver, the conscience of the subject is to
obey the words of the law: so the law it self saies expressely, <hi>Non aliter
à significatione verborum ejus recedi,</hi>
                        <note place="margin">l. non aliter. ff. de legat.</note> 
                        <hi>quam cum manifestum est aliud ipsum
sensisse.</hi> For if this rule were not our measure, every witty Advocate might
turn laws to what purpose he please, and every subject would take liber<g ref="char:EOLhyphen"/>ty
to serve his Prince not by the Princes law, but by his own glosses; and
then our Conscience could have no measure of duty, and therefore no
ground of peace.</p>
                     <p>5.<note place="margin">7.</note> When there is and ought to be a little deflexion from the natural
or Grammatical sense, and this deflexion is evident and perceiv'd, we must
stand to that sense without any further deflexion, as strictly as to the first
natural sense. That is, when a word in law signifies many things by pro<g ref="char:EOLhyphen"/>portion
and analogy, but one is the principal, we must stand to that princi<g ref="char:EOLhyphen"/>pal.
As if a law saies, He that steals a Chalice from a Church, let him die
the death; the word <hi>death</hi> must signify naturally, for the separation of soul
and body. But if by any other indication it appear not to signify in the
first natural sense, then it must signify in that sense that stands next to it;
it must stand, as the Logicians say, <hi>pro famosiori analogato,</hi> and therefore
must signify <hi>a Civil death,</hi> that is, banishment, or the diminution of his
head by losse of liberty, according to the usage of the laws. And when it is
said, The son must inherit, it is meant, not the natural but the legitimate;
<pb n="401" facs="tcp:58903:511"/>
or if not this, yet not the adopted but the natural, not the yongest but
the eldest.</p>
                     <p>6. If words us'd in law have a <hi>civil signification,</hi>
                        <note place="margin">8.</note> by parity, by exten<g ref="char:EOLhyphen"/>sion,
by fiction of law, it is then to be followed and chosen, and the natural
to be left, when the circumstances; the matter and the appendages doe en<g ref="char:EOLhyphen"/>force
it, else not: but yet the legal sense of a word though it prevails
not against the natural, yet it must prevail in the common sense of law,
against the sense of privilege and exception. Among the <hi>Romans</hi> they
who had three children had a right not to be sent to the warres. But if
by the common use and signification of the law, the word [children] had
signified <hi>Nephews,</hi> or <hi>adopted children,</hi> although this sense could not have
prejudic'd the first and natural sense of the word; yet when the Emperor
gave the same privilege to them that had children in no sense, but to such
as made three books, children of the brain, the second sense could not pre<g ref="char:EOLhyphen"/>vail
against the first, yet it might against the last.</p>
                     <p>7.<note place="margin">9.</note> Words that are of civil or legal signification must not signify ac<g ref="char:EOLhyphen"/>cording
to Grammar, but according to Law. <hi>Suspension</hi> must not signify
hanging of the man, but a temporary laying aside his office or emolument:
and <hi>Sacrament</hi> must not in Theology signify an oath, but a religious ceremo<g ref="char:EOLhyphen"/>ny
of Christs institution. For whatsoever is a word of art must be understood
by the measures of that art; and therefore if it be a law-term, though that
word be us'd also in common among the people, yet not this sense but
that is to be followed in the understanding of the law<note n="*" place="margin">Dialecticorum verba nulla sunt publica; suis utuntur: &amp; id quidem com<g ref="char:EOLhyphen"/>mune omnium fere est artium. Cice<gap reason="illegible" resp="#TECH" extent="1 letter">
                              <desc>•</desc>
                           </gap>. lib. 1. Acad.</note>. But if the law hath
no propriety of use or interpretation in the word, but takes it up from the
common usages of the Country, not the best lawyers, but the best Masters
of language are the best interpreters. To which this is to be added, that
if a word in law be taken from the common use, and this use change, and
the law abide, the word in the law must abide the same as does the law, and
must not change with the common use: and in this case, not the best Law<g ref="char:EOLhyphen"/>yers,
nor the best Grammarians, but the best Historians are the best mea<g ref="char:EOLhyphen"/>sures
of our Conscience. The word <hi>Censeo</hi> in the law of the <hi>Romans</hi> at first
did signify <hi>to appoint,</hi> afterwards <hi>to estimate,</hi> and then <hi>to censure,</hi> and at last <hi>to
counsel</hi> or <hi>to suppose.</hi> Now when the word <hi>censere</hi> is used <hi>l. ult. ff. de suis &amp;
legit. haered.</hi> it must not be expounded by <hi>Cicero</hi> in his oration <hi>pro Cluentio,</hi>
where it stands for <hi>liquet,</hi> for in this law it stands for <hi>consulere:</hi> and therefore
in such cases we are to inquire what the word signified when the law was
made, for the word in the old use is not the measure of the present use; nei<gap reason="illegible" resp="#TECH" extent="1 letter">
                           <desc>•</desc>
                        </gap>
                        <g ref="char:EOLhyphen"/>ther
if it were clear what it meant in the ancient laws, could that be the mea<gap reason="illegible" resp="#TECH" extent="1 letter">
                           <desc>•</desc>
                        </gap>sure
of expounding contracts or humane acts or obligations at present; not
yet can that word in that old law receive an interpretation by the differen<gap reason="illegible" resp="#TECH" extent="1 letter">
                           <desc>•</desc>
                        </gap>e
which it hath got by time.</p>
                     <p>But it may be some of these rules will be but seldome usefull to our
cases of conscience;<note place="margin">10.</note> possibly they may often: but then to reduce these things
to the intentions of the present Rule, and to become a measure of practice,
there are three great rules which are the best and most general measures of
finding out the meaning of the words of laws in order to equity and con<g ref="char:EOLhyphen"/>science,
when the Grammar or the common use of the words themselves
is not sufficient.</p>
                     <p>
                        <pb n="402" facs="tcp:58903:512"/>
1.<note place="margin">11.</note> 
                        <hi>That is the meaning of the words of the law that does the work of the
law.</hi> And this is the first rule of equity. For it is but conscience to sup<g ref="char:EOLhyphen"/>pose
that he that makes a contract does it <hi>bonâ fide,</hi> and he that makes a Will
would have it executed, and he that leaves a Legacy would have it doe
good, &amp; he that appoints a guardian would have one that should be fit for the
imployment, that the thing in hand may not perish and come to nothing.
And therefore <hi>Brasidas</hi> did cavil, not treat like a Prince, when having agreed
with the <hi>Greeks</hi> that he would quit his claim to the <hi>Boeotian</hi> fields, he after<g ref="char:EOLhyphen"/>wards
told them that those were not the <hi>Boeotian</hi> fields but his own where
he encamp'd his army.<note place="margin">Thucyd. l. 4.</note> Which thing if it had been true, they all had trea<g ref="char:EOLhyphen"/>ted
about nothing. And when the laws of <hi>Sicily</hi> forbad their priests to re<g ref="char:EOLhyphen"/>sign
their Benefices to their sons, the two priests of <hi>Panormo</hi> that agreed
together interchangeably to resign their's to the son of each other, did keep
the words of the Canon well enough; but they took a course that the law
should not acquire it's end, and therefore they sinn'd against it's meaning.
And this Rule is of great use in all doubtfull and amphibological expressi<g ref="char:EOLhyphen"/>ons,
according to that rule in the law,<note place="margin">l. 67. ff. de reg. jur.</note> 
                        <hi>Quoties idem sermo duas sententias
exprimit, ea potissimum excipiatur quae rei gerendae aptior est.</hi> Thus in the
discerning contracts and other entercourses, the substance of the thing and
the present imployment is more to be considered then any improper or
aequivocal expression, or quirk in the words of the law or entercourse.
<hi>Antonio Casulano</hi> a poor <hi>Piemontane</hi> having a sad vintage &amp; harvest one year
by reason of the early rains running from the hills before he had gather'd his
fruits, comes and complains to his landlord <hi>Signior Vitaldo,</hi> and tells him
his sad condition, and how unable he was to pay his rent. <hi>Vitaldo</hi> pitying
his poor tenant, told him he would never exact any thing of his tenants
that were ruin'd by the hand of heaven, and therefore for his rent he bid
him be at rest and let it alone. <hi>Casulano</hi> makes his leg and thanks his lord,
and goes home. But the next year he had so brave a harvest and so full a
vintage, that it was greater then two years before. He comes and brings
this years rent: but <hi>Vitaldo</hi> asks him where was the rent of the former
year. The tenant saies it was forgiven him. Here then is the question,
what was meant by, <hi>let it alone,</hi> and <hi>he would not exact his rent of his dis<g ref="char:EOLhyphen"/>abled
tenants;</hi> that is, while they were not able he would forbear them:
for there all the entercouse was about forbearing the rent, and he never
thought to ask his lord to forgive it him. But this sense of the words was
<hi>rei gerendae aptior,</hi> it was agreeable to both their interests in conjunction, and
therefore <hi>Casulano</hi> is bound in conscience to pay his rent. So the Lawyers
say,<note place="margin">l. ex conducto. §. Papinianus. ff. de usur. l. 66. de Judi<g ref="char:EOLhyphen"/>ciis.</note> 
                        <hi>Si ambigua sit intentio seu actio, quod utilius sit actori accipiendum est.</hi>
The landlord is to have the advantage of the ambiguity; for besides that
he knew his own meaning best, the right was his, and no man is to be pre<g ref="char:EOLhyphen"/>sum'd
to part with his right against his will. And thus it is in the law, as
well as in Contracts, <hi>Amphiboliae enim omnis in his erit quaestio: aliquando
uter sit secundum naturam magis sermo; semper utrum sit aequius, utrum is
qui sic scripsit ac dixit, sic voluerit.</hi>
                        <note place="margin">lib. 7. cap. 9. Orat.</note> So <hi>Quintilian</hi> draws into a compen<g ref="char:EOLhyphen"/>dium
all the rules of expounding doubtfull words. First, see whether it be
agreeable to the thing in hand, for no man is willing his own act should
perish: for this sometimes will doe it; but if it will not, then equity must
intervene: but if by any other way we know the mind of the law-giver,
that is of all things to be preferred. For though the case be hard, yet if it
was the mind of the law-giver and be not unjust,<note place="margin">l. perspexit. ff. Qui &amp; à qui<g ref="char:EOLhyphen"/>bus.</note> it must stand. <hi>Quod qui<g ref="char:EOLhyphen"/>dem
perquam durum est, sed ita lex scripta est, It is hard, but so the law is
<pb n="403" facs="tcp:58903:512"/>
written.</hi> That is, if the mind of the law-giver be certain and clear, no equi<g ref="char:EOLhyphen"/>ty
is to intervene; but when the mind is not known, equity is the best mea<g ref="char:EOLhyphen"/>ning.
But of this by and by. This is of great use in Religion as well as in
justice. For when God gives a command and uses mystical expressions, me<g ref="char:EOLhyphen"/>taphors,
ritual or typical representments, or signifies his pleasure by the
outside and crust of services, though this is not to be despis'd or omitted, yet
the spiritual and moral sense and internal service is the principal, that is <hi>rei
gerendae aptior,</hi> more to God's purposes, and more to ours. When God
commands us to repent, and to serve him, he that asks the question, when
God would have us to repent, whether it will not serve the turn if we re<g ref="char:EOLhyphen"/>pent
at all, if we repent upon our death-bed, because the words of the com<g ref="char:EOLhyphen"/>mandement
doe indifferently signify any time; here we are rightly deter<g ref="char:EOLhyphen"/>min'd
by this Rule, That was God's meaning which does God's work, that
without which the work would perish, and God would not be serv'd: for
God's intention being that we should glorify him by a free obedience, and
serve him in a holy life, that which makes God to loose his purpose, cannot
be the meaning of his words. Thus when God commands us to come into
his Courts, to fall down upon our knees before his footstool; it must mean
that we must worship God with the lowest adoration of our souls, with the
prostration of our mind: for the body without the mind being nothing, un<g ref="char:EOLhyphen"/>lesse
this commandement for bodily worship be expounded to signify the
worship of the spirit, God is injur'd, his intention is defeated: and therefore
the law hath taken care of this.<note place="margin">l. cum filiofam, ff. de legat.</note> 
                        <hi>Impropriè verba regulariter non accipiun<g ref="char:EOLhyphen"/>tur,
nisi aliter actus vel periret, vel elusorius redderetur,</hi> Words are not to
be taken improperly, unlesse the proper acception of it does elude the pur<g ref="char:EOLhyphen"/>pose
of the law-giver, and makes his law vain. Thus the very Gentiles
understood the mind of God: when he commanded men to offer sacrifi<g ref="char:EOLhyphen"/>ces
and oblations to him, his meaning was, they should kill their lusts,
and sacrifice themselves to God. To this purpose are those excellent words
of <hi>Menander,</hi>
                        <q>
                           <l>
                              <gap reason="foreign">
                                 <desc>〈 in non-Latin alphabet 〉</desc>
                              </gap>,</l>
                           <l>
                              <gap reason="foreign">
                                 <desc>〈 in non-Latin alphabet 〉</desc>
                              </gap>,</l>
                           <l>
                              <gap reason="foreign">
                                 <desc>〈 in non-Latin alphabet 〉</desc>
                              </gap>,</l>
                           <l>
                              <gap reason="foreign">
                                 <desc>〈 in non-Latin alphabet 〉</desc>
                              </gap>,</l>
                           <l>
                              <gap reason="foreign">
                                 <desc>〈 in non-Latin alphabet 〉</desc>
                              </gap>,</l>
                           <l>
                              <gap reason="foreign">
                                 <desc>〈 in non-Latin alphabet 〉</desc>
                              </gap>.</l>
                        </q>
                        <hi>He that offers to God the sacrifices of bulls and goats, or of any other beast, gold
or rich garments, Ivory or precious stones, and thinks by this means to re<g ref="char:EOLhyphen"/>concile
God to him, is deceiv'd, and is a fool.</hi> When God commanded these
things he intended to be understood to other purposes.
<q>
                           <l>
                              <gap reason="foreign">
                                 <desc>〈 in non-Latin alphabet 〉</desc>
                              </gap>,</l>
                           <l>
                              <gap reason="foreign">
                                 <desc>〈 in non-Latin alphabet 〉</desc>
                              </gap>,</l>
                           <l>
                              <gap reason="foreign">
                                 <desc>〈 in non-Latin alphabet 〉</desc>
                              </gap>.</l>
                           <l>
                              <gap reason="foreign">
                                 <desc>〈 in non-Latin alphabet 〉</desc>
                              </gap>,</l>
                           <l>
                              <gap reason="foreign">
                                 <desc>〈 in non-Latin alphabet 〉</desc>
                              </gap>.</l>
                        </q>
For the sacrificer must be a spiritual man, dead unto sin and living unto
righteousnesse; he must be chast and charitable, just and true, a despiser of
the world, and must not desire so much as another mans pin; and he must
be the same in private as in public, walking ever as in the presence of God.
This is an excellent summe of religion, and the best interpreter of the spi<g ref="char:EOLhyphen"/>ritual
<pb n="404" facs="tcp:58903:513"/>
sense of <hi>Moses</hi> law, next to the Sermons of the Gospel: but without
this the work of God had perished, and religion it self had been elusory.
And this is a sufficient warrant for a sense beyond the letter of a Com<g ref="char:EOLhyphen"/>mandement.</p>
                     <p>2. In all laws and obligations of conscience by contract,<note place="margin">12.</note> when any
doubt arises, we are to consider what is most likely and what is most usual,
and rest upon that.<note place="margin">l. cum quid. ff. de reb. credit.</note> 
                        <hi>In contrahendo quod agitur pro cauto habendum,</hi> saies the
law. We must suppose that the contractor did intend that sense that is
the wariest, because that is the most likely; nothing being so reasonable as to
think the man intended that which all the world does, that is, to buy
cheap and to sell dear. If this will not doe it, then we must run to the cu<g ref="char:EOLhyphen"/>stome
of the country; because the things and manners of custome, though
they were not in the contract, yet <hi>veniunt in bonae fidei judiciis,</hi> they are
to be of weight in judgements, as being a reasonable decision of questions
and obscurities. But if nothing of all this will doe, then comes in the
principal rule of equity and remissions:<note place="margin">l. 9. ff. de regul. jur.</note> 
                        <hi>Semper in obscuris quod minimum
est sequimur,</hi> In all things of burden the least is to be chosen. This is of use
in Contracts, in Testaments, and in infliction of punishments.</p>
                     <p>* <hi>In Contracts.</hi>
                        <note place="margin">13.</note> He that promises to give a man an hundred or two
hundred pound, cannot be challeng'd nor oblig'd but for a hundred. <hi>In
summis semper quod minus est promitti videtur.</hi>
                        <note place="margin">l. inter stipulan<g ref="char:EOLhyphen"/>tem. &amp; l. si ita. ff. de ve<gap reason="illegible" resp="#TECH" extent="1 letter">
                              <desc>•</desc>
                           </gap>b. signif.</note> The reason is, because when
two things of burden are expressed, he that promised must so far be his
own judge as to determine himself in the event, when he did not in the sti<g ref="char:EOLhyphen"/>pulation;
and therefore it is to be presum'd that he would be bound but to
the lesse. For as in the Canon law, when a Bishop had obtain'd leave to
resign or quit his litle Bishopric, of his superior, it is not granted that he
shall be translated to another in the grant of cession; and the reason given
in the law is this,<note place="margin">cap. 2. §. sed neque. de trans<g ref="char:EOLhyphen"/>lat. Episc.</note> 
                        <hi>Nam si circa translationem idem fieri voluisset, quod de
cessione dixerat, &amp; de translatione poterat expressisse, Because he that granted
a cession, could as easily have said translation if he had so intended:</hi> so here
also it is presum'd that he intended to give the least, because if he had in<g ref="char:EOLhyphen"/>tended
the biggest, he might as easily have said so, as to have nam'd a lesse;
and if he intended the greater, he may perform it yet if he please. Thus if
<hi>Titius</hi> promise to pay his debt within a year or two, <hi>Caius</hi> cannot by virtue
of that promise force him to pay it till the two years be out.</p>
                     <p>* <hi>In Testaments</hi> also the case is the same.<note place="margin">14.</note> 
                        <hi>Maevius</hi> makes his Will, and
leaves <hi>Lucius</hi> his heir of all, but gives his sister as much as one of his sons.
The heir is tied to pay his Aunt but so much as that son hath whose por<g ref="char:EOLhyphen"/>tion
is the least. Thus when <hi>Regulus</hi> left to his wife <hi>Quintilla</hi> the field that
was next to the <hi>Campus Martius,</hi> the <hi>Praetor</hi> understanding that he had two
fields next to the <hi>Campus Martius,</hi>
                        <note place="margin">l. cum servus, §. scio. ff. de legat. &amp; l. unum ex familia, §. si rem tuam. ff. cod.</note> gave her the least of the two: the reason
is, because the Father is suppos'd to put upon the Heir that burden which is
the lighter.</p>
                     <p>But this holds not in all cases:<note place="margin">15.</note> the rule is the same, and ease and re<g ref="char:EOLhyphen"/>mission
is to be done, and the gentler sentence is to be followed, and the
least burden to be impos'd, and the smallest legacy to be pai'd and receiv'd,
or the most advantageous sense of favour is to be pursued: but all the diffi<g ref="char:EOLhyphen"/>culty
will be to whom the ease or the advantage is to be done; for sometimes
<pb n="405" facs="tcp:58903:513"/>
one, and sometimes another is to have the benefit of the Chancery. 1. For
the heir is to be favour'd against the Legatées, unlesse God and religion be
the Legatée, for the Church is to be favour'd against the heir. And there<g ref="char:EOLhyphen"/>fore
<hi>Scaevola</hi> said, that if a <hi>Roman</hi> in his Testament appointed an image to
be set up in a Temple in which there were marble and brasse and silver sta<g ref="char:EOLhyphen"/>tues,
the legacy was to be performed in the most costly material;<note place="margin">l. Titia. 38. §. fin. sup. de auro &amp; argent. leg.</note> 
                        <hi>idque fa<g ref="char:EOLhyphen"/>vore
Dei &amp; religionis,</hi> saies the law; because in doubts it is fit that God
should have the preeminence, and it is also to be presumed that the Testa<g ref="char:EOLhyphen"/>tor
intended to give the best unto the best. Let the instance bé chang'd
and it is a good measure for conscience in the causes and questions of Chri<g ref="char:EOLhyphen"/>stians.
2. The heir or the Donor is to be eas'd and to be understood in the
least sense, unlesse that least sense makes the gift unprofitable and good for
nothing. <hi>Aruns</hi> dying left a servant to his Brother for a legacy. <hi>Canidius</hi>
who was the heir offers to give to his Uncle his man <hi>Spinax,</hi> who was the
veriest rogue in all the Empire. But his Uncle answered, My Brother did
not intend to give me a mischief. Then he offers him <hi>Lentillus</hi> who was little
better then a fool. To this his Uncle answer'd, My Brother did not intend
to give me nothing. And at last the Uncle demanded <hi>Aretius,</hi> who was his
Brothers Physician: but that <hi>Canidius</hi> refus'd, and he might very well; but
he gave him <hi>Merula</hi> that was a very good Baker, and both were indifferent<g ref="char:EOLhyphen"/>ly
pleas'd: but such a one that was not the best, and yet was good for some<g ref="char:EOLhyphen"/>thing,
was due by justice. 3. Causes of repetition are to be favour'd more
then causes of gain. He that desires but to save himself, or to get his own,
is to have the advantage of him that if he prevails gets gain: and the rea<g ref="char:EOLhyphen"/>son
is, because it is better to save a main stake, then to get an accession; it
is better to have one preserved then another increased: and it is more to be
presumed that he who demands restitution seeks but his own, then that the
others gain is justly his. 4. He that buyes in doubts of conscience and law,
is to be preferr'd before him that sells, and the interpretation ought to be
on the behalf of the first. The reason of this is, because he that sel<gap reason="illegible" resp="#TECH" extent="1 letter">
                           <desc>•</desc>
                        </gap>s can<g ref="char:EOLhyphen"/>not
so easily be deceiv'd as he that <gap reason="illegible" resp="#TECH" extent="1 word">
                           <desc>〈◊〉</desc>
                        </gap>, for every man is justly presum'd
to know the price of his own goo<gap reason="illegible" resp="#TECH" extent="2 letters">
                           <desc>••</desc>
                        </gap>, and be cunning in his own trade.
5.<note place="margin">Libertas omni<g ref="char:EOLhyphen"/>bus rebus favo<g ref="char:EOLhyphen"/>rabilior est. l. 38. ff. de re ju<g ref="char:EOLhyphen"/>dicat.</note> For dowries and 6. for liberty and 7. possession sentences are to be
given in the favourable sense, because the cases themselves are full of chari<g ref="char:EOLhyphen"/>ty
and mercy; and they that complain in these cases are commonly the op<g ref="char:EOLhyphen"/>pressed
party.</p>
                     <p>* This Rule also is intended and that principally in <hi>punishments</hi> and
<hi>penal sentences</hi> of law.<note place="margin">16.</note> Where if the law be obscure, it is on all hands
confess'd, that the sense of equity is an excellent interpretation and declares
the mind of the law-giver:<note place="margin">l. interpretatio<g ref="char:EOLhyphen"/>ne. ff. de poenis.</note> and it is also true that if several pen<gap reason="illegible" resp="#TECH" extent="1 letter">
                           <desc>•</desc>
                        </gap>lties be
expressed in the law, <hi>ordinarily</hi> the judge is to impose the least; and the rea<g ref="char:EOLhyphen"/>son
is, because he does at once the actions of two vertues; it is justice and
it is charity at the same time. I say <hi>ordinarily,</hi> for sometimes there are
great examples to be made, and in them there is very often <hi>Aliquid iniqui</hi>
                        <note n="*" place="margin">Habet aliquid <gap reason="illegible" resp="#TECH" extent="1 word">
                              <desc>〈◊〉</desc>
                           </gap> iniquo omne <gap reason="illegible" resp="#TECH" extent="1 letter">
                              <desc>•</desc>
                           </gap>agnum exem<g ref="char:EOLhyphen"/>plum, quod con<g ref="char:EOLhyphen"/>t<gap reason="illegible" resp="#TECH" extent="1 letter">
                              <desc>•</desc>
                           </gap>a singulos uti<g ref="char:EOLhyphen"/>l<gap reason="illegible" resp="#TECH" extent="3 letters">
                              <desc>•••</desc>
                           </gap>te publica re<gap reason="illegible" resp="#TECH" extent="1 letter">
                              <desc>•</desc>
                           </gap>enditur, di<g ref="char:EOLhyphen"/>x<gap reason="illegible" resp="#TECH" extent="2 letters">
                              <desc>••</desc>
                           </gap> C. Cassius a<g ref="char:EOLhyphen"/>pu<gap reason="illegible" resp="#TECH" extent="1 letter">
                              <desc>•</desc>
                           </gap> Tacitum.</note>,
nothing of equity, but something that was very hard: and the <hi>Hebrew</hi> Kings
(say the Rabbins) had a power of causing the malefactor to hang all day and
all night upon the accursed tree; though the law was more gentle, and com<g ref="char:EOLhyphen"/>manded
the body to be taken down before the Sun set; but if the public ne<g ref="char:EOLhyphen"/>cessity
requir'd it, the Jewish Doctors say that their Kings had power.</p>
                     <p>
                        <pb n="406" facs="tcp:58903:514"/>
But the great difficulty is,<note place="margin">17.</note> when the words of the law are expresse,
and name the punishment, whether or no can there be any remission by
equity or interpretation? <hi>Titius</hi> being cited to appear in Court, came not,
and was fin'd: but he came immediately. The question is, whether he ought
in conscience to be relieved. It is certain that in law the sentence against
him is just; for let the cause be never so odious, the law must be understood
according to the propriety of the words, unlesse the intention of the law<g ref="char:EOLhyphen"/>giver
can otherwise be certainly known. But if by any ways he can be re<g ref="char:EOLhyphen"/>lieved,
he ought to be, if there be evident equity on his side. But because
this equity is against the solemnity of law, it must be introduc'd as solemnly,
that is, by a law, or a solemn decree according to the disposition of law.
But this latter part is matter of prudence more then of conscience; and
concerning this conflict of law and equity <hi>Cicero</hi> hath spoken excellent
things, as who please may see in his Oration <hi>pro Caecina</hi> and in his <hi>lib.</hi> 2.
<hi>Vet. Rhet.</hi> But for the practice of it both in law and conscience it is an ex<g ref="char:EOLhyphen"/>cellent
rule of law,<note place="margin">l. 168. ff. de reg. jur.</note> 
                        <hi>Capienda est occasio quae praebet benignius responsum;</hi>
An occasion must not be forc'd against law, but if any can be found it must
be us'd in the behalf of equity. And therefore <hi>Celsus, Marcellus</hi> and <hi>Ulpian</hi>
are noted with a fair memory for being studious of equity in the sentences
of law:<note place="margin">Philipp. 9.</note> and for this very thing <hi>Cicero</hi> commends <hi>Servius:</hi> but <hi>Scaevola,
Paulus, Julianus</hi> and the <hi>Sabiniani</hi> and some others were more propense to
rigor and subtilty, and were lesse belov'd.
<q>Turpe rigor nimius:<note place="margin">Claudian.</note> Torquati despue mores.</q>
                        <hi>Titus Manlius</hi> was to blame in putting his son to death for a glorious vi<g ref="char:EOLhyphen"/>ctory
gotten by a little offence. But all good laws were ever desirous of
easy interpretation when the matter it self was a burden: and it was well
said of <hi>Gattinara</hi> to the Emperor <hi>Charles</hi> the 5<hi rend="sup">th</hi>,<note place="margin">apud Guicci<g ref="char:EOLhyphen"/>ard. l. 16. Gall. Proverb. Qui trop em<g ref="char:EOLhyphen"/>brasse, mal estreint.</note> 
                        <hi>Chi vuole troppo abbrac<g ref="char:EOLhyphen"/>ciare,
va à pericolo di non strignere cosa alcuna,</hi> He that strains the cord
too hard, breaks it and can bind nothing. <hi>Periculosum est praegrave Impe<g ref="char:EOLhyphen"/>rium:
&amp; difficile est continere quod capere non possis,</hi> said<note n="*" place="margin">lib. 4.</note> 
                        <hi>Curtius.</hi> He that
fills his hand too full, lets goe more then he should. There is a measure in
laws, which must not take in every thing, but let some things passe gently;
for a government that is too heavy is dangerous: and therefore without all
peradventure when the punishments are general, the least special ought to
be taken. Thus Gentlemen are not to be punish'd with the punishment of
slaves and vagabonds. If bodily punishment by law be commanded, scourg<g ref="char:EOLhyphen"/>ing
is to be understood, or such as is in use in the nation, and not the cutting
off a member,<note place="margin">ad l. pen. ff. de poenis.</note> or putting to death, say the <hi>Greek</hi> lawyers. And there is
no exception to this, but this onely, That this is to be understood in lighter
offences, not in greater; for in these it may be of as much concernment to
justice that the severer part be taken, as it is to charity that lighter offen<g ref="char:EOLhyphen"/>ces
should carry the lighter load. And therefore the <hi>S. C. Syllanianum</hi>
decreed that if a slave had kill'd his lord, all the slaves in the house should
die for it. It was a hard and a severe law; but it was a great crime, and by
great examples the lives of masters were to be secur'd: and to this purpose
<hi>C. Cassius</hi> the Lawyer defended it with great reason,<note place="margin">apud Tacit. l. 14.</note> as is to be seen in his
oration in <hi>Tacitus.</hi>
                     </p>
                     <p>3. In matters of favour and matters of piety,<note place="margin">18.</note> the sense of the law is
to be extended by interpretation. Things odious and correctory are cal<g ref="char:EOLhyphen"/>led
<hi>strictae</hi> in the law, and that which is favourable is called <hi>res ampla;</hi> be<g ref="char:EOLhyphen"/>cause
<pb n="407" facs="tcp:58903:514"/>
as the matter of that is to be made as little as it may be, so the mat<g ref="char:EOLhyphen"/>ter
of this may be enlarged. Thus if any thing be done in the favour of
the children, the adoptive and the naturall are included, when it is not to
the prejudice of the legitimate. And that which is made legitimate is to be
reckoned as that which is so of it self; and he that is naturaliz'd is to be
reckon'd as a Native; and a freed man, as he that was born free; and the
privileges granted to a city are to be extended to the suburbs. But this Rule
is to be estimated as the former, there being the same reason of Contraries,
save onely that there is in the matters of favour something of particular
consideration. For although it is by the former measures set down who
are the persons, and which are the causes to be favour'd and eas'd; yet those
persons are not in all cases to receive the advantage; that is they are in all
cases which the words of the law can bear, except that by that favour the
whole processe be evacuated, or the thing be lost. Therefore although
the guilty person is favour'd in all the methods and solennities of law, where
the law can proceed; yet where the favour would hinder the proceeding,
the accuser and not the guilty person is to receive it. For the accuser
hath the advantage of taking his oath in law, which the guilty person hath
not; because the law supposes he will deny the fact, right or wrong. And
thus we are also to proceed in our private entercourses of justice and chari<g ref="char:EOLhyphen"/>ty,
we are rather to believe the accuser swearing, then the accused. But if
the accusation be not sworn, or if the guilty person be brought into judge<g ref="char:EOLhyphen"/>ment
upon suspicion onely, and a public fame, we are rather to believe
the accused swearing his innocence, then the voice of fame, or uncertain
accusers.</p>
                  </div>
                  <div n="2" type="section">
                     <head>§. 2. Judicial Interpretation.</head>
                     <head> RULE II. When the power that made the law does interpret
the law, the interpretation is authentical, and ob<g ref="char:EOLhyphen"/>liges
the Conscience as much as the law; and can
release the bond of Conscience so far as the inter<g ref="char:EOLhyphen"/>pretation
extends, as much as if the law were ab<g ref="char:EOLhyphen"/>rogated.</head>
                     <p>WHen the law is interpreted by the Emperor,<note place="margin">1.</note> 
                        <hi>ratam &amp; indubitatam
habendam esse</hi> say the Lawyers. The reason is plain and easy. The
law is nothing but the solemn and declar'd will of the law-giver; and he
that speaks, best knows his own mind; and he that can take away the law,
can alter it; and he that can cut off the hands, may certainly pare the nails:
and since the legislative power never dies, and from this power the law hath
it's perpetual force, and can live no longer then he please, by what method
of law soever he signify his mind, whether it be by declaring the meaning
of the law, or by abating the rigor of it, or dispensing in the case, or en<g ref="char:EOLhyphen"/>larging
the favour, or restraining the severity; it is all one as to the event
<pb n="408" facs="tcp:58903:515"/>
and obligation of conscience. The interpretation is to the law, as the Echo
to the voice; it comes from the same principle; and though it speaks lesse,
yet it speaks oftner, and it speaks enough, so much as is then to be the mea<g ref="char:EOLhyphen"/>sure
of the Conscience in good and evil.</p>
                     <p>For when the law-giver does interpret his law,<note place="margin">2.</note> he does not take off
the obligation of the law, but declares that in such a case it was not in<g ref="char:EOLhyphen"/>tended
to oblige. <hi>Tacitus</hi> tells of a <hi>Roman</hi> Knight who having sworn
to his wife that he would never be divorc'd from her, was by <hi>Tiberius</hi> dis<g ref="char:EOLhyphen"/>pens'd
with when he had taken her in the unchast embraces of his
son in law. The Emperor then declar'd that the Knight had onely
oblig'd himself not to be divorc'd, unlesse a great cause should inter<g ref="char:EOLhyphen"/>vene.
Thus we find that P. <hi>Lucius</hi>
                        <note n="*" place="margin">c. cum qui<g ref="char:EOLhyphen"/>dam. §. illi vero de jure.</note> the 3<hi rend="sup">d</hi> did absolve those from their
oath that sware they would not speak to their Father or Mother, Brother
or Sister, or shew them any kindnesse: but this absolution quitted them not
from the sin of a rash &amp; impious oath, but declar'd that they were not bound
to keep it.<note place="margin">c. authorita<g ref="char:EOLhyphen"/>tem. 15. q. 6. Gloss. magn. verb. absolvi<g ref="char:EOLhyphen"/>mus.</note> 
                        <hi>Absolvit, i. e. absolutum ostendit,</hi> as Pope <hi>Nicholas</hi> did in the
Case of the Arch-bishop of <hi>Triers,</hi> he declar'd him to be at liberty; and the
Glosse derives a warranty for this use of the word out of the Prophet <hi>Isaiah.</hi>
                     </p>
                     <p>It was ill said of <hi>Brutus,</hi>
                        <note place="margin">3.</note> that a Prince might not be more severe, nor
yet more gentle then the law. For there are many things <hi>quae naturâ vi<g ref="char:EOLhyphen"/>dentur
honesta esse,</hi>
                        <note place="margin">lib. 3. de Offic.</note> 
                        <hi>temporibus sunt inhonesta,</hi> saith <hi>Cicero,</hi> which at first
sanction of the law and in their own Nature are honest, but in the change
of times and by new relations become unjust and intolerable: and therefore
the Civil law allows to Princes a power <hi>juvare,</hi>
                        <note place="margin">l. jus a. §. de just. &amp; jure.</note> 
                        <hi>supplere, corrigere, to help,
to supply, to correct</hi> the laws. For those are but precarious Princes who
when they see a case that needs a remedy, cannot command it, but like the
Tribunes of <hi>Rome,</hi> when they offer'd to intercede and interpose between
<hi>Fabius</hi> and the sentence of <hi>Papyrius</hi> the <hi>Dictator</hi> by which <hi>Fabius</hi> was con<g ref="char:EOLhyphen"/>demned,
could effect nothing till they went upon their knees in his behalf.
But it is worse that the laws of a nation should bind the Prince as <hi>Jupiter</hi>
in <hi>Homer</hi> was bound by the laws of Fate, so that he could not help his son
<hi>Sarpedon,</hi> but sate weeping like a chidden girle. But of this I have already
given sufficient accounts. The Supreme power is <hi>Dominus legum, Canon
animatus in terris, lex animata, fons justitiae, supra jus dispensare potens,</hi> as
<hi>Innocentius</hi> said of himself;<note place="margin">c. proposuit. de. concess. prae<g ref="char:EOLhyphen"/>bend.</note> and therefore of this there can be no question.
<hi>Inter aequitatem jusque interpositam interpretationem nobis solis &amp; oportet,
&amp; licet inspicere,</hi> saith the Emperor, <hi>C. de leg. &amp; const. Princ.</hi> The Prince
alone hath power to intervene between equity and strict law by his inter<g ref="char:EOLhyphen"/>pretation.
This is now to be reduc'd to practice.</p>
                     <p>First this power must be administred with noblenesse &amp; ingenuity;<note place="margin">4.</note> not
fraudulenty, or to oppresse any one, which <hi>Cicero</hi> calls <hi>calumniam, &amp; ni<g ref="char:EOLhyphen"/>mis
callidam,</hi>
                        <note place="margin">lib. 1. de Offic.</note> 
                        <hi>sed malitiosam juris interpretationem, a crafty and malicious com<g ref="char:EOLhyphen"/>mentary.</hi>
Such as was that act of <hi>Solyman,</hi> who after he had sworn never to
take from <hi>Ibrahim Bassa</hi> his life, kill'd him when he was asleep, because <hi>Ta<g ref="char:EOLhyphen"/>lisman</hi>
the Priest declar'd that sleep is death. Thus the <hi>Triumviri</hi> in <hi>Rome</hi>
having a mind to kill a boy, which by the force of law they could not doe,
they gave him the <hi>Toga Virilis,</hi> and forc'd him to be a man in estimation of
law, that by law they might oppresse him: and <hi>Mithridates</hi> King of <hi>Arme<g ref="char:EOLhyphen"/>nia</hi>
thought himself secure when <hi>Radamistus</hi> the son of <hi>Pharasmanes</hi> the
<hi>Iberian</hi> King had promis'd he would neither stab nor poyson him; but the
<pb n="409" facs="tcp:58903:515"/>
yong Tyrant interpreted his promise maliciously, when he oppressed him
with pillows and featherbeds: and all <hi>Europe</hi> hates the memory of the
Arch-bishop of <hi>Mentz,</hi> who having promis'd to <hi>Atto Adel</hi> a Palatine of
<hi>Franconia</hi> that he should safely return out of his Castle, did indeed per<g ref="char:EOLhyphen"/>form
the letter of his word; but pretending kindnesse as well as justice,
when he had brought him forth of the Castle, passionately invited him to
break-fast, and then killed him when he reentred. The power of Princes
to give senses to their laws must be to doe justice and to give ease to the pi<g ref="char:EOLhyphen"/>tiable
and oppressed.</p>
                     <p>2<hi rend="sup">ly</hi>,<note place="margin">5.</note> This power is not to be administred but upon grave &amp; just causes:
for to be easy and forward in bending the laws by unnecessary interpreta<g ref="char:EOLhyphen"/>tions
is but a diminution of justice, and a loosenesse in government; as was
well observ'd by <hi>Livy,</hi>
                        <note place="margin">lib. 3.</note> speaking of those brave ages in which the <hi>Romane</hi>
honesty and justice was the beginning of the greatest Empire of the world,
<hi>Sed nondum haec quae nunc tenet seculum negligentia Divum venerat, nec in<g ref="char:EOLhyphen"/>terpretando
sibi quisque jusjurandum &amp; leges aptas faciebat, sed suos potius
mores ad ea accommodabat, The neglect of the Gods and the laws was not gone
so farre as to bend the laws to the manners of men, but men measur'd their
manners by the laws:</hi> and then no man can deny to a Prince leave to derogate
from his laws by such interpretations.<note place="margin">lib. 3. Confess. c. 8.</note> 
                        <hi>Licet enim Regi in civitate cui reg<g ref="char:EOLhyphen"/>nat,
jubere aliquid quod neque ante illum quisquam, neque ipse unquam jusse<g ref="char:EOLhyphen"/>rat,</hi>
saith S. <hi>Austin;</hi> A King in his own dominions may command that
which neither any man before him, or himself before that time command<g ref="char:EOLhyphen"/>ed:
meaning that although he must govern by his laws, yet when there is a
favourable case, he may give a new sense to them, that he may doe his old
duty by new measures. Thus <hi>Solomon</hi> absolved <hi>Abiathar</hi> from the sentence
of death which by law he had incurred, because he had formerly done wor<g ref="char:EOLhyphen"/>thily
to the interests of his Father <hi>David.</hi> Thus when <hi>Cato Censor</hi> had
turned <hi>L. Quinctius Flaminius</hi> out of the Senate, the Majesty of the <hi>Roman</hi>
people restor'd him; and though they had no cause to doe it, yet they had
power. Now this power though it may be done by interpretation, yet
when it is administred by the Prince it is most commonly by way of par<g ref="char:EOLhyphen"/>don,
absolute power and prerogative. Thus Princes can restore a man in
bloud.<note place="margin">Cassiodor. lib. 3. var. ep 46. l. Cum saluta<g ref="char:EOLhyphen"/>tus. C. de sent. pass.</note> 
                        <hi>Fas est cuivis Principi maculosas notas vitiatae opinionis abstergere.</hi>
So <hi>Antony</hi> the Emperor restored <hi>Julianus Licinianus</hi> whom <hi>Ulpian</hi> the
President had banished. When a law determins that under such an age a
person shall be uncapable of being the General of an army, the Supreme
power can declare the meaning of the law to be, unlesse a great excellency
of courage and maturity of judgement supply the want of years: in which
very case <hi>Scipio Africanus</hi> said wisely, when he desir'd to be imployed in
the <hi>Punic</hi> warre, <hi>se sat annorum habiturum si populus Romanus voluerit,
he should quickly be old enough if the</hi> Roman <hi>people pleased.</hi> Thus <hi>Tiberius</hi>
put <hi>Nero</hi> into the Senate at fifteen years of age, and so did <hi>Augustus</hi> the
like to <hi>Tiberius</hi> and his Brother; and the people declar'd or dispens'd the
law in <hi>Pompey</hi>'s case, and allowed him a Triumph before he had been Con<g ref="char:EOLhyphen"/>sul
or Praetor.</p>
                     <p>But to this there is not much to be said;<note place="margin">6.</note> for he that can make a New
law, may by interpretation change the Old into a New; that is, any inter<g ref="char:EOLhyphen"/>pretation
of his is valid, if it be just, naturally just, though it be not accor<g ref="char:EOLhyphen"/>ding
to the Grammar or first intention of the Civil or Municipal law: <hi>quia
<pb n="410" facs="tcp:58903:516"/>
si leges condere soli Imperatori concessum est,</hi>
                        <note place="margin">l. ult. C. de legib.</note> 
                        <hi>etiam leges interpretari solo dig<g ref="char:EOLhyphen"/>num
impero esse oportet.</hi> He that can doe the greater can doe the lesse; and
he that hath power of cutting off the head, can dispose of the tongue as he
please, so that if it will not speak what he would have it, he can take a
course it shall speak nothing against him. But the case is otherwise in
Judges.</p>
                     <p>For the interpretation of laws made by Judges is matter of fidelity<note place="margin">7.</note>
and wise dispensation, but nothing of Empire and power; and it is a good
probable warranty of Conscience, but no final determination in case any
cause of doubt happens to oppose it. And this was well observed by <hi>Ci<g ref="char:EOLhyphen"/>cero:</hi>
                        <note place="margin">pro Ligario.</note>
                        <hi>Nemo apud Judices ita solet causam agere; Ignoscite Judices, Lapsus
est, Non putavi, Si unquam posthac. In Senatu vero, &amp; apud populum, &amp; apud
Principem, &amp; ubicunque juris clementia est, habet locum deprecatio.</hi> No man
is to ask any favour of the Judges but what the law allows him, but of the
Prince he may;
<q>
                           <l>A quo saepe rei,<note place="margin">Gunther. lib. 4.</note> nullo licet aere redempti,</l>
                           <l>Accipiunt propriam donato crimine vitam.</l>
                        </q>
For what is wanting in the provisions of law he can make up by the ful<g ref="char:EOLhyphen"/>nesse
of his power: and if there be no injury to any, let there be what fa<g ref="char:EOLhyphen"/>vour
or indulgence he please, his interpretation is good law, and can bring
peace to the conscience in the particular. According to this is that of the
Lawyers,<note place="margin">l. ult. ff. qui sa<g ref="char:EOLhyphen"/>tisd. cog.</note> 
                        <hi>Qui jurato promisit judicio sisti, non videtur pejerasse, si ex con<g ref="char:EOLhyphen"/>cessa
causa hoc deseruit, He that hath sworn to appear in judgement, is not
perjur'd if he have leave given him not to appear:</hi> meaning, from him that
can interpret the law, or dispense, declare the man not bound, or give leave
to break it. But when the Judges interpret a law, they either expound it
by customes of the Court or Country, or else by learning and wise conje<g ref="char:EOLhyphen"/>ctures.
Interpretations by prevailing and allowed customes are good law and
sure measures of action according to the doctrine of customes; of which in
part I have given account, and shall yet adde something in the 6. §. of this
Chapter, and therefore I shall adde nothing here. But if the Judges inter<g ref="char:EOLhyphen"/>pretation
be onely doctrinal, it is sufficient to us that it is not introductive
of a law, and it cannot of it self be a resolution of conscience; but is to be
made use of according to the doctrine of probabilities<note n="*" place="margin">lib. 1. Chap. 4.</note>. This onely is to be
added, that if the authoriz'd Judges doe consent, and by a delegation of
power, or the customes of the Nation, or the disposition of the law the
sentence does passe <hi>in rem judicatam into a legal sentence,</hi> then it obliges as
a law; for it is a warranted interpretation and declares the sense of the law,
and consequently does bind the Conscience.</p>
                  </div>
                  <div n="3" type="section">
                     <pb n="411" facs="tcp:58903:516"/>
                     <head>§. 3. A contrary or ceasing reason.</head>
                     <head> RULE III. A law made for a particular reason, when the reason
wholly ceases, does no longer oblige the Con<g ref="char:EOLhyphen"/>science.</head>
                     <p>THe title of this §. implies a distinction of reasons considerable in this<note place="margin">1.</note>
particular. For sometimes it happens that onely one reason dies, and
there is no other change, but that the efficient cause of the law, from
whence it had it's being, is dead. But sometimes it is more then so; for not
onely the reason of the law is gone, but a nettle is risen up in the place of
it, and that which was once profitable is become intolerable, and that which
was just is now dishonest, and that which was righteous will not be righte<g ref="char:EOLhyphen"/>ous
still, but against the public interest. * Now when <hi>a contrary reason</hi> does
arise there is no peradventure but the law ceases: and this is to be extended
not onely to the case of injustice or impossiblity, but of trouble or of use<g ref="char:EOLhyphen"/>lesnesse;
that is, if the contrary reason makes things so that the law could
not justly have been impos'd, or if it had been <hi>de facto</hi> impos'd, it could
not oblige the conscience, then the conscience is restor'd to liberty and dis<g ref="char:EOLhyphen"/>obligation.
* But then this case must be manifest: for if it be doubtfull,
the law retains her power; for it is in possession, and the justice of it is pre<g ref="char:EOLhyphen"/>sum'd.</p>
                     <p>But if the reason of the law ceases onely,<note place="margin">2.</note> and no more, there is some
more difficulty, for it may be the <hi>will</hi> of the Prince does not cease, and he
intends the law should last for the support of his authority; and that will
be reason enough to keep up a law that once was good and now hath no
harm in it: and there ought to be a great reason that shall change a custome,
though it be good for nothing; and where there was a law, a custome
will easily be suppos'd, especially if the law was usefull and reasonable, as
we suppose in the present case. And if the law did prevail unto a custome,
and that it be not safe to change a custome, then though the proper reason
of the law be ceas'd, there is another reason arisen in the place of it that
will be enough to bind the conscience to obedience. For the stating of
this question, it is still necessary that we yet first distinguish, and then
define.</p>
                     <p>1. Some laws have in them a natural rectitude or usefulnesse in order to
moral ends,<note place="margin">3.</note> by reason of the subject matter of the law, or by reason that
the instance of the law is made an instrument of vertue by the appoint<g ref="char:EOLhyphen"/>ment
of law. 2. Others have onely an acquir'd rectitude, and an extrinsic
end; that is, it was by the law-giver commanded in order to a certain pur<g ref="char:EOLhyphen"/>pose,
and beyond that purpose it serves for nothing. Thus when a Prince
imposes a tribute upon a Country for the building of certain bridges, when
the work is done, the tribute is of no public emolument. But if he imposes
<pb n="412" facs="tcp:58903:517"/>
a fast upon Wednesdays and Fridays for six moneths to obtain of God
to remove the plague from a City or a Country, though the plague be
gone before the end of four months, yet the fast may serve many other
good ends.</p>
                     <p>Another distinction to be considered is concerning the cessation of<note place="margin">4.</note>
the reason of the law, whether the reason be intrinsecal or extrinsecal.
For sometimes the reason <hi>ceases universally.</hi> Sometimes it remains as to
the generality, but is alter'd in the particular cases. So if a Superior com<g ref="char:EOLhyphen"/>mands
that none of his subjects shall enter into such a family where there
are many fair women amorous and young, lest such a conversation should
tempt them to wantonnesse; the general reason of the law remains, although
<hi>Alexis</hi> be an Eunuch, and old <hi>Palaemon</hi> have a dead palsy upon him and can<g ref="char:EOLhyphen"/>not
be warm'd by such fires. The reason ceases in the particular, but abides
still in the general.</p>
                     <p>A third thing is also to be observed,<note place="margin">5.</note> which hath in it some difference
of case. Sometimes there are many parts of a law, and sometimes it is
uniform and hath in it but one duty. That which hath parts and is a com<g ref="char:EOLhyphen"/>bination
of particulars may cease in one or more of them, and the rest
abide in their full usefulnesse and advantage. And these and all the former
may be uselesse, or their reason may cease for a time, and be interrupted,
and a while after return: and in all these the reason may cease negatively, or
contrarily; that is, the first cause may cease, or another quite contrary
may come.</p>
                     <p>According to these distinctions, the cases and the answers are several.</p>
                     <p>1. If there be two ends in the law,<note place="margin">6.</note> an extrinsecal and an intrinsecal,
though the extrinsecal be wholly and generally ceas'd, yet the law obliges
for it's intrinsic reason, that is, when it commands an act of it self honest
and vertuous. Thus if a Prelate, or a Prince, commands women in Chur<g ref="char:EOLhyphen"/>ches
to sit apart, and to wear vailes that they may not be occasion of quar<g ref="char:EOLhyphen"/>rels
and duels amongst yong Gentlemen; if it happen that the Duelling
of Gallants be out of fashion, and that it be counted dishonourable to fight
a duell, then that end of the law ceases; and yet because it is of it self ho<g ref="char:EOLhyphen"/>nest
that women should have a vail on their head for modesty sake, and be<g ref="char:EOLhyphen"/>cause
of the Angels, this law is not to cease, but to stand as well upon one leg,
as it did before upon two. But this can onely be when Divine and hu<g ref="char:EOLhyphen"/>mane
laws are complicated, or at least when humane laws are mixt with a
matter of perfection and Counsel Evangelical, or of some worthinesse,
which collaterally induces an obligation distinct from the humane law.</p>
                     <p>2. If a law be appointed for an extrinsecal end,<note place="margin">7.</note> when that reason
ceases universally, though there be an inherent and remaining worthinesse
in the action, and an aptnesse to minister to a moral end, yet that law binds
not unlesse that moral end was also intended by the law-giver. For that
which was no ingredient into the constitution of the law, can have no pow<g ref="char:EOLhyphen"/>er
to support the law, for it hath nothing to doe with the law; it never
help'd to make it, and therefore by it cannot be a law, unlesse by the legis<g ref="char:EOLhyphen"/>lative
power it be made anew. So that such actions which can be good for
something of their own, and are not good at all for the end of the law-giver,
can onely be lawfull to be done, but they are not necessary. There<g ref="char:EOLhyphen"/>fore
<pb n="413" facs="tcp:58903:517"/>
when a law is made that every Thursday the subjects should goe to
Church to Morning prayer, that they might in the public offices pray for
the life of the Prince, if the Prince be dead that law obliges not; for al<g ref="char:EOLhyphen"/>though
going to Morning prayer is of it self good, yet if the Prince had no
consideration of that good, but of his own, that good entred not into the
law, and had no causality in it, and therefore was no part of the duty of
the subject in relation to that law.</p>
                     <p>3. If the action commanded by law be in it self indifferent,<note place="margin">8.</note> when the
reason of the law ceases extrinsecally, the whole obligation is taken away,
because the act is good for nothing in it self, and good for nothing to the
Common-wealth, and therefore cannot be a law. Thus there was an oath
fram'd in the Universities that no Professor should teach Logic publicly any
where but there, meaning that it should not be taught in <hi>Stamford,</hi> whe<g ref="char:EOLhyphen"/>ther
the Scholars made so long a recesse that it had almost grown into an
University. But when the danger of that was over, the oath was need<g ref="char:EOLhyphen"/>lesse,
and could not oblige, and ought not to have been impos'd. In <hi>Spain</hi>
a law was made that no man should cut any timber-trees: in a few years the
province grew so full of wood that the reason and fear of the law was over;
and it was more likely to passe into inconvenience by abundance then by
scarcity, and therefore then it was lawfull for any man to cut some of his
own. So if a law were made for ten years to forbid hunting of wild beasts,
that some royal game which was almost destroyed might be preserved for
the Prince, if in five years the wolves and lions were grown so numerous
that there were more danger then game, the law were no longer obligato<g ref="char:EOLhyphen"/>ry.
For as <hi>Modestinus</hi> said well,<note place="margin">l. nulla. ff. de legibas.</note> 
                        <hi>Nulla ratio aut juris benignitas patitur,
ut quae salubriter pro hominum commodis statuta sunt, nos duriore interpre<g ref="char:EOLhyphen"/>tatione
contra ipsorum commodum producamus ad severitatem;</hi> It is against
reason that what the law decreed for the good of men, should be severely
and rigorously expounded to their damage. And this is to be understood
to be true though the reason of the law ceases onely <hi>negatively;</hi> that is,
though the act doe still remain indifferent, and there be no reason to the
contrary. To which this is to be added, that when the reason of a law
commanding an action otherwise indifferent does cease universally, the very
<hi>Negative ceasing</hi> passes into the <hi>contrary</hi> of it self: not that it does so in the
matter of the action, for the action is still indifferent and harmlesse, but
that it does so in the power of legislation: it does not so to the subject, but
it does so to the Prince; that is, the subject may still doe it without sin, but
without sin the Prince cannot command it to be done, when it is to no pur<g ref="char:EOLhyphen"/>pose.
Thus we find in the Legends of the <hi>Roman</hi> later Saints that some
foolish Priors and Superiors of Convents would exercise the obedience of
their Monks by commanding them to scrape a pibble, to fill a bottomlesse
tub, and such ridiculous instances; which were so wholly to no purpose,
that though the Monk might suffer himself to be made a fool of, yet he was
not tied to it in virtue of his obedience, and the Prior did sin in command<g ref="char:EOLhyphen"/>ing
it. This ought to be observ'd strictly, because although it looks like a
subtilty, yet it is of use in the conduct of this Rule of conscience, and hath
not been at all observ'd exactly.</p>
                     <p>4. When the intrinsecal reason of a law does cease universally,<note place="margin">9.</note> the
negative ceasing of the reason passes into a contrary; and if the action be
not necessary, it is not lawfull. For actions which have in them an inter<g ref="char:EOLhyphen"/>nal
<pb n="414" facs="tcp:58903:518"/>
rectitude have it so always, unlesse the case be wholly chang'd, and then
it is become very evil. To restore that which is deposited with us is com<g ref="char:EOLhyphen"/>manded
because of the natural justice that is in the action; but when the
reason of this ceases, that is, that it is not just to doe it, it is unjust, or un<g ref="char:EOLhyphen"/>charitable:
and therefore if you restore to a mad-man his sword to kill an
innocent, you are unjust to innocence, and but aequivocally just to madnesse
and folly.</p>
                     <p>5. When a law hath many parts,<note place="margin">10.</note> and is a conjugation of duties for
several reasons, when one of the parts of the law does loose the reason of
it wholly, though it be tied in the same bundle, and by the same tie, yet
that part is slackened and obliges not, though included in a law which does
oblige. The reason of this is the same with the former; onely this is to be
added, that in this case it is not one law, but a conjugation of laws; it is
not a single starre, but like a constellation, and particularly as the <hi>Pleiades,</hi>
where one of the seven hath almost no light or visibility, though knit in
the same confederation with those which half the world doe at one time
see. * And the same also is the case in the suspension of a law, that is when
the reason ceases universally and wholly, but not for ever: while the rea<g ref="char:EOLhyphen"/>son
is absent, the conscience is not tied to attend; but when it returns to ve<g ref="char:EOLhyphen"/>rify
the law, the duty returns to bind the conscience. But in this there is
no difficulty.</p>
                     <p>These are the measures of conscience when the reason of a law ceases
wholly and universally, that is, as to the public interest; but that which
is more difficult, is when the reason of the law remains in the general,
but it fails in some particular cases, and to particular persons: and what
then is our duty, or our liberty?</p>
                     <p>The reason of the difficulty is,<note place="margin">11.</note> because laws are not to regard parti<g ref="char:EOLhyphen"/>culars,
but that <hi>quod plerumque accidit,</hi> saith <hi>Theophrastus;</hi> and therefore the
private damage is supplied by the public emolument: and the particular
pretences are not to be regarded, though they be just, lest others make
excuses, and the whole band of discipline and laws be broken, <hi>Satius erat
à paucis justam excusationem non accipi, quam ab omnibus aliquam tentari,</hi>
said <hi>Seneca;</hi> It is better to reject the just exception of a few, then to en<g ref="char:EOLhyphen"/>courage
the unjust pretensions of all. And therefore subjects should for
the public interest sit quietly under their own burden. For <hi>lex nulla satis
commoda est; id modo quaritur, si majori parti &amp; in summa prodest,</hi> said
<hi>Cato.</hi> It is a just law if it does good to the generality and in the summe of
affairs. And therefore if <hi>Cajus</hi> or <hi>Titius</hi> be pinch'd in the yoke, they may
endure it well, when they consider the public profit.</p>
                     <p>But this were very true onely in case there were no other remedy;<note place="margin">12.</note> but
our inquiry here being onely a question of conscience, which is to be judged
by him that commands justly in general, and will doe no injustice in parti<g ref="char:EOLhyphen"/>cular,
and can govern all things without suffering them to intangle each
other, the case will prove easy enough: for if God does not require obedi<g ref="char:EOLhyphen"/>ence
to the laws, when the reason of the law ceases in particular, of them I
say in whose particular case the reason ceases, it is all that is look'd for. Now
for this the conclusions are plain.</p>
                     <p>
                        <pb n="415" facs="tcp:58903:518"/>
1. If the extrinsic reason of the law ceases in a particular case onely
negatively,<note place="margin">13.</note> that is, so as no evil, grievous burden, sin, or danger be incum<g ref="char:EOLhyphen"/>bent
upon his person, the law retains her obligation and is to be obeyed;
because in that case, although there be no reason in the subject matter, yet
there is reason enough in the reverence of the law, and in a conformity to
the public manners of the Nation. Thus when the law forbids a citizen to
bear armes in the night because of frequent murders that have been done
or are apt to be done by armed night-walkers; he that knows himself a
peaceable man and that is resolv'd to offend no body is not bound by the
reason of that law in his own particular, but he is bound by the law as long
as the public is bound whereof he is a part: for if he have no reason to the
contrary, but onely there is no reason for it in his case, it is reason enough
that there is a law in the case, which is usefull to the public, and of great
interest as to the communities of men. And therefore he that disobeys in
these circumstances cannot be excus'd from contempt of the law: because
though his obedience be causelesse, yet so is his disobedience, and this
cannot be innocent, though that can; especially because though the obe<g ref="char:EOLhyphen"/>dience
be causelesse in his own particular in relation to that matter, yet it
hath cause enough in it in relation to example and the veneration of the
laws.</p>
                     <p>2. If the reason of the law ceases contrarily,<note place="margin">14.</note> that is, turns into mis<g ref="char:EOLhyphen"/>chief;
then though it ceases onely in a particular, in that particular the
subject whose case it is, is free (from the law I mean, but not free to obey
it.) Whatever we have vowed to religion or the Temple we are bound to
perform: but if in the interval of the solution my Father or my nearest rela<g ref="char:EOLhyphen"/>tive,
or any to whom I am bound to shew piety, be fallen into want, or
needs my ministery, I am bound to doe this first, and let that alone till
both can be done: and the reason is, because I could not bind my self by
vow to omit any duty to which I am naturally oblig'd: and therefore though
the law that commands payment of vows be just, yet it must be always
with exception of preceding obligations; so that if it be certainly a sin
which is consequent to the obedience of any law, it is certainly no sin to
disobey it.</p>
                     <p>3. If the general reason of the law remaining,<note place="margin">15.</note> in some particular
cases it ceases contrarily, but not so as to introduce a sin, but a great evil,
or such a one which the law would not have commanded, and the law-giver
is supposed not to have intended, the law does not oblige the conscience of
the subject in that case. For here is the proper place for equity. In the
former case it is duty not to obey the law. Either then there is no equity but
what is necessary and unavoidable; or if there can be any shewn or us'd by
prudence and great probability, and in mercy, it follows that then it is to
be us'd when the yoke pinches the person, though it does not invade the
Conscience. And it is not to be suppos'd that a superior would have his
laws burdensome to any one beyond the public necessity; it being as cer<g ref="char:EOLhyphen"/>tainly
in his duty to be willing to ease single persons in their private bur<g ref="char:EOLhyphen"/>dens,
as to provide for the common interest in their great and little politi<g ref="char:EOLhyphen"/>cal
advantage.<note place="margin">Ethic. l. 5. c. 10.</note> 
                        <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>, <hi>Equity</hi> is
as much law as the law it self, it <hi>is as just as justice, onely that it is a better
justice,</hi> saith <hi>Aristotle:</hi> it is not <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap> 
                        <hi>the legal justice,</hi> but <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>,
<hi>a rectification and an amendment of it.</hi>
                        <q>
                           <pb n="416" facs="tcp:58903:519"/>
—Bonum jus dicis;</q>
                     </p>
                     <p>
                        <hi>Impetrare oportet,</hi>
                        <note place="margin">
                           <gap reason="illegible" resp="#TECH" extent="2 letters">
                              <desc>••</desc>
                           </gap>aut. Stich.</note> 
                        <hi>quia aequum postulat,</hi> said he in the Comedy;
<hi>It is fit that you prevail, you ask reason &amp; equity.</hi> That's <hi>bonum jus;</hi> it is justice
&amp; mercy in a knot. Thus if a Church commands such ceremonies to be us'd,
such orders, such prayers, they are to be observ'd when they may; but if I
fall into the hands of an enemy to that manner of worship, who will kill or
afflict me greatly for using it, I am in that case disoblig'd. For though this
case be not excepted in the law, yet it is supplied by the equity and cor<g ref="char:EOLhyphen"/>rection
of the law: <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>,
<hi>it is fit that when the law-giver hath commanded ab<g ref="char:EOLhyphen"/>solutely
and indefinitely, he should in cases of particular evil make provision
and correct what was amisse or omitted by the law.</hi>
                        <note place="margin">ubi supra.</note> For <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>,
saies <hi>Aristotle;</hi> if he had known of it before he would have provided for
it before-hand: and because he did not, <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>,
if the law-giver were present, he would use equity and give leave to the
grieved subject to ease himself. And therefore since it is reasonable to sup<g ref="char:EOLhyphen"/>pose
that if it had been thought of, this very case would have been pro<g ref="char:EOLhyphen"/>vided
for in the law; and if the law-giver were present he would declare
the law in that case not to oblige; it follows undeniably, that the law binds
not any man to a great inconvenience in his own person, though otherwise,
and as to the public, it be a just and a good law, of a remaining reason and
a remaining obligation. In order to this consideration, that is usefull which
hath been already said in the first Chapter of this book, in the second and
third Rules.</p>
                     <p>4. If the reason of the law ceases in a particular,<note place="margin">16.</note> so that without sin it
may be obeyed, and without any great and intolerable evil to the obedient,
yet sometimes the law does not intend to oblige in the particular case, even
when there is a little inconvenience, or but a probable reason to the con<g ref="char:EOLhyphen"/>trary;
and this is in things of small concernment. I should instance in ri<g ref="char:EOLhyphen"/>tuals
and little circumstances of Ecclesiastical Offices and forms of wor<g ref="char:EOLhyphen"/>ship,
in the punctualities of Rubrics, in the order of Collects, in the num<g ref="char:EOLhyphen"/>ber
of prayers, and fulnesse of the Office upon a reasonable cause or induce<g ref="char:EOLhyphen"/>ment
to the omission or alteration: for these things are so little, and so fit
to be intrusted to the conduct of these sober, obedient and grave persons,
who are thought fit to be trusted with the cure of souls; and these things
are always of so little concernment, and so apt to yield to any wise mans
reasons and sudden occasions and accidents, and little and great causes, that
these were the fittest instances of this rule, if Superiors, for want of great
manifestations of their power, would not make too much of little things.
But the purpose and declar'd intention of all just laws and just governments
is in these things to give the largest interpretation to persons of a peace<g ref="char:EOLhyphen"/>able
mind and an obedient spirit, that such circumstances of ministeries
may not passe into a solemn religion, and the zeal of good men, their cau<g ref="char:EOLhyphen"/>tion
and their curiosity, may not be spent in that which does not profit. But
the measures of practice in this particular must be taken from the manner
and circumstances of the government, and the usual disposition of the law.
In many cases an equity may be presum'd; but if it be explicitely denyed,
it must not be us'd.</p>
                     <pb n="417" facs="tcp:58903:519"/>
                     <p>
                        <hi>Question.</hi>
                     </p>
                     <p>
                        <hi>But upon the instance of these particular rules it is to be inquir'd,</hi>
                        <note place="margin">17.</note> whe<g ref="char:EOLhyphen"/>ther
in these cases the subject is so quitted from the obligation of the law,
that without further leave he may use his liberty, or must he require it of his
Superior?</p>
                     <p>To this I answer,<note place="margin">18.</note> that <hi>if the case be evident,</hi> the subject may use his
liberty: for if he should be tied to goe to his Superior, it is either to ask of
him that the law should not bind him, or that he may declare that the law
in his case does not bind, or to promulgate and publish the law in that
particular. Not to ask leave that the law shall not bind, for of it self it
ceases, and it was never intended to bind against equity and reason. Not for
declaration, because the case is here suppos'd to be evident. Nor yet last<g ref="char:EOLhyphen"/>ly
for promulgation, because that is onely necessary in the sanction and re<g ref="char:EOLhyphen"/>vocation
of laws which depend upon the will of the Prince; whereas in
this case the law ceases by natural justice and the nature of thing, and
the reasons of equity.</p>
                     <p>2. But if the case be doubtfull,<note place="margin">19.</note> and it is not evident whether the par<g ref="char:EOLhyphen"/>ticular
case ought to be excepted in the general law, then we are to consider
whether it be a doubt of fear onely or a doubt of reason, that is, whether
it be nothing but an unjust fear, or relies upon just grounds; for some men
may easily perceive in themselves a diffidence in any thing, not that they
have reason to cause their fear, but because they dare not trust the greatest
reason that they either have or hear. If it be onely a doubt of fear, then it
is to be conducted by the rules given concerning a scrupulous Conscience:<note place="margin">Vide lib. 1. cap. 5, &amp; 6</note>
If it be a fear of reason, we are to manage it by the measures of a doubting
Conscience. But if he supposes upon probable inducements that he is not
obliged, then according to the nature of the probability we are to proceed.
For if he believes it as probable that such a case ought not to be compre<g ref="char:EOLhyphen"/>hended
in the law, as supposing it to be a sin that in his case would be com<g ref="char:EOLhyphen"/>manded,
or too great a burden impos'd, and so to be beyond the power of
the law-giver, then the subject may of himself be free, without recourse
to his superior. The reason is, because to avoid a sin, or to doe a great
charity to our selves, a probable reason is a sufficient inducement, provi<g ref="char:EOLhyphen"/>ded
a more probable reason be not oppos'd against it, we being comman<g ref="char:EOLhyphen"/>ded,
to avoid all appearance of evil. Now if this opinion be the more pro<g ref="char:EOLhyphen"/>bable
that by obeying the letter of the law in my case I should sin, it must
needs <hi>appear</hi> to be an evil to doe it, and not to obey the law in this case does
not <hi>appear</hi> to be an evil, as being the lesse probable: for if the opinions be
equally probable, then the conscience is in doubt, and is to proceed by mea<g ref="char:EOLhyphen"/>sures
fitted to a doubting conscience: but when I say there is a greater pro<g ref="char:EOLhyphen"/>bability
and a lesse, the greater must carry it; and therefore the law is not
to be obeyed, it being here suppos'd to be the more probable opinion that
the obedience would produce a sin. So also in the case of a great burden
or intolerable pressure, the presumption is for ease; and the law-giver is to
be supposed good and gentle and reasonable; and besides, it is supposed as
the more probable opinion that the law-giver hath not power to make a
law or to oblige to so much inconvenience, and then the case is the same.</p>
                     <p>
                        <pb n="418" facs="tcp:58903:520"/>
* But if he believes it as probable that to oblige in the present case was
not in his will, but it is certain that it was in his power, then the case is so
that the subject may without injustice or violence obey it; and therefore
ought not to use his liberty by his own opinion, but by recourse to his supe<g ref="char:EOLhyphen"/>rior
that hath power to declare the intention of the law.</p>
                     <p>In the first case if it be easy and convenient to goe to the Superior,<note place="margin">20.</note> or
that there is time enough and all things fitted, it were the surer way to re<g ref="char:EOLhyphen"/>quire
his sentence. But if there be not time, and the action urges by has<g ref="char:EOLhyphen"/>tinesse,
or necessity, or present opportunity, the liberty is as present as his
need. But in the second case, (which is oftentimes harder to know then the
first, it being more difficult to pronounce definitively concerning the will
of the law-giver which is free, then concerning his power which is not
free,) when it is onely probable that the law-giver is willing, it is not safe
to venture upon the not-obeying, without recourse to the Superior. Be<g ref="char:EOLhyphen"/>cause
our innocence depending wholly upon his will, and there being no sin
in keeping the law, we may safely doe this; but we cannot safely disobey
without being more assured of his leave: and therefore if it be opportune
and easy to have recourse to our competent Superior, it is worth our paines
to goe and inquire; if it be not opportune, it is worth our stay till it be; for
the securing our duty and the peace of conscience are interests much greater
then the using of an unnecessary liberty.</p>
                     <p>3. But in these cases of uncertainty,<note place="margin">21.</note> when we are not confident of a
just liberty by the force of reason and the nature of the thing, we may just<g ref="char:EOLhyphen"/>ly
presume that the Superior does not intend to oblige in all those cases in
which he usually and of course dispenses; that is, when his dispensation is
not of special favour, but of ordinary concession; because as in the first case
it is suppos'd a gift, so in this latter it is suppos'd a justice. For example,
A law is made to keep so many fasting-days. <hi>Maevius</hi> is a hard student,
and feels himself something ill after fasting, and believes it will not be for
his health; but yet things are so with him, that he can obey the law
without great or apparent mischief, but yet he probably believes that the
law-giver would not have him bound in this case. If he perceives that they
that have recourse to the Superior in lesse needs then his, are ordinarily dis<g ref="char:EOLhyphen"/>pensed
with, then he hath reason enough not to goe to his Superior; for it
is already declar'd that he does not intend to bind in his and the like cases.
This is evident, and the best measure that I know in such cases. It is the
surest, and the largest, and the easiest.</p>
                     <p>4. When the recourse to a Superior for declaration of the case hath
in it great difficulty or inconvenience,<note place="margin">22.</note> though the cause of exception from
the law be not very great, yet if together with the inconvenience of ad<g ref="char:EOLhyphen"/>dresse
to the Superior it make up an unequal burden, and so that the par<g ref="char:EOLhyphen"/>ticular
case seem very probable to be excepted, and that in it the legislator
did not intend to bind; it is sufficient to consult with wise men and good,
and by their advice and answers, as by extrinsecal causes of probability, or
by any other just and probable cause of determination, to use our liberty,
or to obey. The reason of this is plain necessity. Because we have no
other way of proceeding, but either we must in this, as in almost all the
other cases of our life, be content with the way which to us seems the more
probable; or else if we were tied to make it secure, our lives and conditions
<pb n="419" facs="tcp:58903:520"/>
would be burdensome and intolerable, and the whole processe would be a
snare and torment to a conscience: the Superior, who is to be consulted,
it may be, not being within 40 miles of us; or when we come, it may be he
is of difficult accesse, or otherwise imployed, and it will be impossible for
many to be heard by him, if all in the like cases were bound to consult
him; or it may be when we goe, we shall not be admitted, or if we be, it
may be we shall not be eas'd unlesse we carry along with us the rewards of
Divination in our hands, and we are poor; or it may be the matter requires
hast, and cannot stay the leisure of the Oracle; and besides all this, the great<g ref="char:EOLhyphen"/>est
part of the actions of our lives are not so well conducted as to be deter<g ref="char:EOLhyphen"/>min'd
by the consultation of a wise man, but we doe them of our own head,
and it may be of our own heart, without consideration; and therefore it is a
prudent course to proceed this way: and he that in such cases ties the con<g ref="char:EOLhyphen"/>sciences
to proceed more then prudently, and thinks that prudence is not
a sufficient warrant, does not consider the condition of humane nature, nor
the necessities of a mans life, nor the circumstances of his condition, nor
the danger of an unquiet and a restlesse conscience.</p>
                     <p>Upon occasion of this subject,<note place="margin">23.</note> viz. the alteration of humane laws by
the interpretation and equity of reason, it is very seasonable, and very use<g ref="char:EOLhyphen"/>full
to conscience, to inquire whether by the similitude of reason the law
may not as well receive advantage and extension, as well as the subject can
receive liberty and ease. That is,</p>
                     <p>
                        <hi>Question.</hi>
                     </p>
                     <p>
                        <hi>Whether the obligation of the law does extend it self to all cases that
have the same or an equal reason, though the case be not comprehended direct<g ref="char:EOLhyphen"/>ly
in the law.</hi>
                     </p>
                     <p>To this the answer is by several Propositions.</p>
                     <p>1. In laws declarative of natural right or obligation,<note place="margin">24.</note> the obligation
extends to all things of equal reason, though they be not comprehended
under the law. Thus because we are bound by the laws to pay honour and
gratitude to our parents for their nourishing of us and giving us education,
the same duty is to be extended to those persons who took care of us when
our parents were dead, or that took us in when we were exposed; and
children are to pay a proportionable regard even to their Nurses; and
<hi>Moses</hi> was for ever oblig'd to <hi>Pharaohs</hi> daughter, because she rescued him
from drowning, and became as a Mother to him. And the reason of this
is, because in these things there is a natural rectitude, and a just proportion
between the reason and the event; the reason of the thing is the cause why
it was commanded. But in laws dispositive or introductive of a new obli<g ref="char:EOLhyphen"/>gation
there is some difference. Therefore,</p>
                     <p>2. In odious cases,<note place="margin">25.</note> and especially in penal laws, the extension of the
reason does neither extend the obligation nor the punishment; according
to that glosse in the Canon law,<note place="margin">Gloss. in cap. in poenis. 49. de reg. jur. in 6.</note> 
                        <hi>In poenis non arguimus ad similia, quia
poenae non excedunt proprium casum.</hi> Punishments and odious burdens must
not exceed the very case set down in the law: for if in the cases set down the
Judges are to give the gentlest measure, it is not to be suppos'd that they can
<pb n="420" facs="tcp:58903:521"/>
be more severe then the letter of the law, which it self requires an abate<g ref="char:EOLhyphen"/>ment
and allay when it is capable: and as it is with Judges in the punish<g ref="char:EOLhyphen"/>ments
appointed by law, so it is with all the subjects in the obligation of
the law. For in both these cases, it is to be presum'd that the mind of the
law-giver was not to oblige or to punish more and in more cases; for <hi>si vo<g ref="char:EOLhyphen"/>luisset,
expressisset,</hi> is a good presumption in these things, he could as easily
have spoken that as this, if he had intended both alike; and he would, be<g ref="char:EOLhyphen"/>cause
he knows that in odious things every one is willing to take the easiest
part: and therefore that is a good warranty to presume of the mind of the
law-giver; especially since the apportioning such a punishment to such a
fact hath in it no natural necessity, but depends upon the will of the law-giver,
and therefore is not to be extended by a participation of the reason,
but by a declaration of the will.</p>
                     <p>3. When there is a defect in the law,<note place="margin">26.</note> and the public necessity or utility
requires a supply, it may be supplied, and the obligation and the judge<g ref="char:EOLhyphen"/>ments
even in matters of burden can be extended by the similitude and pa<g ref="char:EOLhyphen"/>rity
of reason; for in this sense it is true which the lawyers say, <hi>Casus si<g ref="char:EOLhyphen"/>milis
expresso non censetur omissus.</hi> If it was omitted onely in the law, by
the imperfection of it's sanction, or want of consideration, the Common-wealth
must not suffer detriment, and therefore is to be help'd by the pa<g ref="char:EOLhyphen"/>rity
of reason. But then it is to be observ'd, that this is not wholly for
the force and consequence of the reason of the law, but for the necessity and
profit of the republic, and therefore the supply is to be made by jurisdiction
rather then by interpretation:<note place="margin">l. non possunt. ff. deleg.</note> so saith the law, <hi>Is qui jurisdictioni praeest,
ad similia procedere, atque ita jus dicere debet, The Praefect that hath ju<g ref="char:EOLhyphen"/>risdiction
must doe right by proceeding to the like cases:</hi> so that the jurisdicti<g ref="char:EOLhyphen"/>on
and power is the sufficient and indeed the adequate efficient of this sup<g ref="char:EOLhyphen"/>ply;
onely by the similitude of reason he that hath jurisdiction can take oc<g ref="char:EOLhyphen"/>casion
to doe right.<note place="margin">l. nam. ff. eod.</note> 
                        <hi>Quando lex in uno disponit, bonam esse occasionem caete<g ref="char:EOLhyphen"/>ra
quae tendunt ad eandem utilitatem vel interpretatione vel certâ jurisdictione
supplendi;</hi> The Law having made provision in one case, it is a good occa<g ref="char:EOLhyphen"/>sion
to supply other cases which tend to the same advantage; but this sup<g ref="char:EOLhyphen"/>ply
is to be made either by interpretation, if it can, or if it cannot, then by
certain jurisdiction and authority. So that here are three things to be con<g ref="char:EOLhyphen"/>sidered
in this extension of obligation. The one is, that the law be de<g ref="char:EOLhyphen"/>fective
and need supply. The second is, that the supply be for the same
utility and advantage which is in the expressed case of the law. And the
third is, that if it cannot be by interpretation, that is, if it cannot be done
by force of something contained in the law, but that there be a very defect
in the law, it be done by the force of authority: for the similitude of rea<g ref="char:EOLhyphen"/>son
is not enough, and therefore either the supreme, or a jurisdiction dele<g ref="char:EOLhyphen"/>gate
with this power in special, is necessary. But where there is such a pow<g ref="char:EOLhyphen"/>er,
the way of doing it is <hi>procedendo de similibus ad similia,</hi>
                        <note place="margin">Glossa in legem praedict.</note> the occasion
of supply must be taken from the similitude of the reason. But this I say is
to be done either in cases of public necessity, or great equity and questions
of favour. In other cases there are yet more restraints.</p>
                     <p>4.<note place="margin">27.</note> A similitude of reason (except in the cases now expressed) does
not extend the law to cases not comprehended in the words and first mea<g ref="char:EOLhyphen"/>ning
of the law.<note place="margin">Albertus Bo<g ref="char:EOLhyphen"/>logneti Bonon. in Tract. DD.</note> For <hi>ratio legis non est lex, sed quod ratione constituitur,</hi> say
the Lawyers, <hi>Every thing that is reasonable is not presently a law, but that is
<pb n="421" facs="tcp:58903:521"/>
the law which for that reason is decreed.</hi> And when a thing is propounded
to a Prince, it is in the body politic as in the body natural, though the Un<g ref="char:EOLhyphen"/>derstanding
propound a thing as reasonable, the Will stil hath power to chuse
or to reject it; and there may be reason for the thing in one regard, and rea<g ref="char:EOLhyphen"/>son
against it in another; and if the reason in both cases onely be alike, they
are also unlike. <hi>Omne simile est etiam dissimile.</hi> For <hi>Titius</hi> contracts friend<g ref="char:EOLhyphen"/>ship
with <hi>Callinicus</hi> because their Fathers were fellow-Souldiers in the <hi>Par<g ref="char:EOLhyphen"/>thian</hi>
warre, and they lov'd well: but <hi>Titius</hi> refuses to contract the same
league with <hi>Catulus,</hi> although the like reason was for him, his Father ha<g ref="char:EOLhyphen"/>ving
been in the same legion in the same warre: but <hi>Catulus</hi> was an ill-na<g ref="char:EOLhyphen"/>tur'd
man, and not fit to be entertain'd into such societies.</p>
                     <p>5. The Conscience is not bound to a greater duty then is express'd<note place="margin">28.</note>
in the words and first meaning of the law by the proportion and commu<g ref="char:EOLhyphen"/>nication
of the reason, unlesse the reason be not onely alike, but be abso<g ref="char:EOLhyphen"/>lutely
the same in both cases; and not onely so, but that the reason was
adequate to the law, that is, was the reason which actually and alone did
procure the sanction of the law. When <hi>Caesar</hi> took in a town in <hi>Gallia
Narbonensis,</hi> he destroyed the walls, and commanded they should not build
any more walls: they consented, but cast up a great trench of earth; and
he came and fir'd their Town, because although a trench of earth was <gap reason="illegible" resp="#TECH" extent="1 letter">
                           <desc>•</desc>
                        </gap>ot
in the words of the contract or prohibition, yet because <hi>Caesar</hi> forbad the
rebuilding of the walls for no other reason but because he would not have
it fortified, the law against walls was to be extended to trenches also for
the identity of an adequate reason.<note place="margin">in declam. Pa<g ref="char:EOLhyphen"/>tris.</note> To the same purpose is that of <hi>Quinti<g ref="char:EOLhyphen"/>lian,
Caedes videtur significare sanguinem &amp; ferrum: si quis alio genere homo
fuerit occisus, ad illam legem revertemur.</hi> A law against murder does com<g ref="char:EOLhyphen"/>monly
signify shedding of his bloud; but if a man have his neck broken,
or be smother'd with pillows, or strangled with a bow-string, he shall be
avenged by the same law that forbad he should be killed with a knife or
dagger: for it was not the instrument or the manner which the law regard<g ref="char:EOLhyphen"/>ed,
but it wholly intended to secure the lives of the subjects.</p>
                     <p>6. Now this identity of reason must be clear and evident,<note place="margin">29.</note> or else it
effects nothing; for in matters of doubt the presumption is for liberty
and freedome. But it commonly is best judg'd by one or more of these
following cases. 1. The relative and the correlative are to be judg'd by
the same reason when the reason of the law does equally concern them,
though onely one be named in the provision of the law. If the husband
must love the wife, the wife must love the husband, though she were not
nam'd in the law. For here they are equal. But in superior and inferior
the reason cannot be equal, but therefore is onely to be extended to the
proportion of the reason. A Son must maintain his Father that is fallen
into poverty, and so must a Father a Son: but they are not tied to equal
obedience; to equal duty they are, but not to equal significations and in<g ref="char:EOLhyphen"/>stances
of it. A husband must be true to his wives bed, and so must she to
his; but she may not be admitted to an equal liberty of divorce as he is:
the reason is, because the duty is equal, but the power is unequal; and there<g ref="char:EOLhyphen"/>fore
the consequents of this must differ, though the consequents of the
other be the same. 2. The identity of the reason is then sufficient for the
extension of the law when one thing is contain'd under another, a parti<g ref="char:EOLhyphen"/>cular
under a general, an imperfect under a perfect, a part under the whole.</p>
                     <p>
                        <pb n="422" facs="tcp:58903:522"/>
3. When the cases are made alike by the effort of other laws. 4. When
the law specifies but one case for example sake, the rest also of the same na<g ref="char:EOLhyphen"/>ture
and effect are comprehended. 5. When the cases are radicated in the
same principle, and are equally concerned.</p>
                     <p>7. What is here said concerning <hi>cases</hi> and <hi>actions</hi> is also to be under<g ref="char:EOLhyphen"/>stood
not onely of <hi>persons,</hi>
                        <note place="margin">30.</note> which cannot be separated from the considera<g ref="char:EOLhyphen"/>tion
of <hi>actions</hi> which are always personal, but of <hi>places</hi> and <hi>times,</hi> when
the analogy and force of the reason or the words require it. Onely each of
these is to observe their proper caution.<note n="*" place="margin">See Chapter 1. Rule 8. of this book.</note> 
                        <hi>Places</hi> are equally included in
the meaning of the law, though they be not express'd in the words of the
law, if they be within the jurisdiction of the law-giver, that is, within
the capacity of the law<note n="*" place="marg1">See Chapter 1. Rule 8. of this book.</note>.<note n="*" place="marg2">See Chapter 1. Rule 8. of this book.</note> But the caution concerning <hi>time</hi> is this, That
although in laws declarative there is no difference of time, because there
the present law is not the measure of our duty, but supposes the duty limi<g ref="char:EOLhyphen"/>ted
and prescrib'd before <hi>(nihil enim nunc dat,</hi>
                        <note place="margin">l. haeredes. §. 1. ff. de Testam.</note> 
                        <hi>sed datam significat,</hi> saith the
law in this case;) yet laws constitutive or introductive of a new right or ob<g ref="char:EOLhyphen"/>ligation
never of themselves regard or can be extended to what is past, be<g ref="char:EOLhyphen"/>cause
this is not in our power, and is not capable of Counsel or Authority;
but they can onely be extended to the future: but the allay is this, for this
is to be understood onely in precepts and prohibitions, but not in matters of
indulgence and favour; for in this it is quite contrary: what the law hath
forbidden in time past or present, and what she hath or doth command is
to be extended to the future;<note place="margin">l. Cum lex. ff. de legib.</note> but <hi>Cum lex in praeteritum quid indulget, in
futurum vetat,</hi> When the law gives a pardon for what is past, and this par<g ref="char:EOLhyphen"/>don
relies upon a proper reason, there is no leave given for the future to doe
so though the same reason shall occurre; for the pardon of what went be<g ref="char:EOLhyphen"/>fore
is a prohibition of what is to come hereafter.</p>
                     <p>8. When a law is made to take away an evil,<note place="margin">31.</note> it is to be understood
also, and to be extended to all cases of prevention, and from an actual evil
passes on to a probability. When <hi>Antiochus</hi> agreed that <hi>Ptolemy</hi> should not
bring an army into <hi>Syria,</hi> he did not onely intend to remove the present
hostility that he fear'd, but he intended also that he should not bring any
at all, though for passage onely through his Country; because if his army
were at all in <hi>Syria,</hi> he was in danger of suffering what by his treaty he de<g ref="char:EOLhyphen"/>sir'd
to prevent.</p>
                     <p>9. Whatsoever is said in laws is also true in promises and contracts:<note place="margin">32.</note>
for these are laws to the contractors and interested persons, and to be mea<g ref="char:EOLhyphen"/>sur'd
by the same proportions. For when the adequate reason of a promise
or contract is evidently extended to another instance though not nam'd in
the contract, it must be perform'd and suppos'd as included in the stipula<g ref="char:EOLhyphen"/>tion,
and so still in succeeding and new-arising instances; and the state of
things is not changed so long as that adequate reason remains for which the
obligation was first contracted, though the thing be varied in a thousand o<g ref="char:EOLhyphen"/>ther
circumstances and accidents. But of this I shall have better opportu<g ref="char:EOLhyphen"/>nity
to speak in the last book.</p>
                     <p>33. I onely adde this one thing,<note place="margin">33.</note> That there is great caution to be us'd in
determining our cases of Conscience by the measures of the reason of a
law. For <hi>Non omnium quae à Majoribus constituta sunt ratio reddi potest,</hi> said
<pb n="423" facs="tcp:58903:522"/>
                        <hi>Julian.</hi> It will be hard to find out what was the reason of the laws made
by our forefathers; and unlesse the reason be expressed in the law, our con<g ref="char:EOLhyphen"/>jectures
are very often so wild and far amisse, that they will be very ill mea<g ref="char:EOLhyphen"/>sures
of conscience or obedience.<note place="margin">ff. de leg.</note> 
                        <hi>Et ideo rationes eorum quae constituuntur
inquiri non oportet, alioquin multa ex iis quae certa sunt subvertentur.</hi> We
must obey the law, and never inquire after the reason, unlesse the law of it
self declares it: it is not good to examine, for by this means many clear laws
are made obscure and intricate. <hi>Delicata est illa obedientia quae causas quaerit.</hi>
The law-giver is mov'd to the sanction of the law by the reason of the
thing, but the sanction of the law is to be the onely reason of our obedience.</p>
                  </div>
                  <div n="4" type="section">
                     <head>§. 4. Dispensation.</head>
                     <head> RULE IV. The Legislator hath authority to dispense in his own
laws for any cause that himself prudently shall
judge to be reasonable, so that no distinct interest
be prejudic'd or injur'd.</head>
                     <p>
                        <hi>DIspensation</hi> differs from <hi>interpretation</hi> of laws,<note place="margin">1.</note> because this does declare
the law in certain cases not to bind; but <hi>dispensation</hi> supposes the law in
actual obligation, not onely in general, but in this case, and to this person;
and it is but like the old man in the fable his laying aside his burden of
sticks, which he is bound to carry with him to his long home unlesse some
friendly person come to help him. But Dispensation differs from diminu<g ref="char:EOLhyphen"/>tion
of laws by a ceasing or a contrary reason, because the law ceases of it
self in this case, but in dispensation wholly by the will of the Prince. And
lastly it differs from equity, because equity is law, <hi>melior lex,</hi> but dispensa<g ref="char:EOLhyphen"/>tion
is a remission of the law; and the cases of equity are such as by justice
must be eas'd, but in dispensations there is nothing but benignity and fa<g ref="char:EOLhyphen"/>vour.
So that <hi>Dispensation is a voluntary act of the Princes grace and fa<g ref="char:EOLhyphen"/>vour,
releasing to any single person or community of men the obligation of the
law, others at the same time remaining bound, not onely in other cases, but in
the same and in the like.</hi> For although the same and the like cases of equity
doe procure remission to all alike, yet in dispensations it is not so. One
may be eased, and another not eas'd in the very same case. And the not
understanding or not considering this great and material difference hath
caus'd so great errors both in the understanding and in the ministeries of
dispensation.</p>
                     <p>For if we use the word improperly,<note place="margin">2.</note> 
                        <hi>Dispensation</hi> can signify a decla<g ref="char:EOLhyphen"/>ration
made by the superior that the subject in certain cases is not oblig'd,
that the law-giver did not intend it: but this is interpretation of laws, or a
declaration of the equitable part of the law, and is not properly an act of
authority, but of doctrine and wisedome; save onely that that doctrine
and that wisedome shall be esteemed authentical, and a warranty in doubt<g ref="char:EOLhyphen"/>full
<pb n="424" facs="tcp:58903:523"/>
cases: but if the subject did know the meaning of the law, as in most
cases he may, his conscience is of it self and by the intention of the law at
liberty without any such declaration; for that liberty is from an intrinsic
cause, that is, from the natural equity and reasonablenesse of the case, and
therefore claims nothing but what the law intends and ought to intend in
its very sanction. Now in these cases to require dispensation, is to ask
more then is needfull; it is as if one should desire his friend to untie his
girdle when his cloths hang loose about him: he needs it not; but that the
wisdome and charity of the law is made an artifice to get mony, and to put
the subject to scruples and trouble that he may get his ease.</p>
                     <p>But when Dispensation signifies properly,<note place="margin">3.</note> it means an act of mere
grace and favour, proceeding from an extrinsic cause; that is, not the na<g ref="char:EOLhyphen"/>ture
of the thing, or the merit of the cause, but either the merit of the
person, or some degrees of reasonablenesse in the thing; which not being
of it self enough to procure the favour of <hi>the law,</hi> is of it self enough to
make a man capable of the favour of <hi>the Prince;</hi> and if <hi>this</hi> be <hi>authority</hi>
enough, <hi>that</hi> is <hi>reason</hi> enough. For since dispensation is an act of mere ju<g ref="char:EOLhyphen"/>risdiction,
and not of doctrine or skill and wisedome and law, that is, it is
not declarative of something already in being, but effective of a leave
which is neither unreasonable nor yet due, so that it is not an act of justice,
but of mercy and favour upon a fair and worthy occasion; it must follow
that the reason and causes of dispensation must be such as are not necessa<g ref="char:EOLhyphen"/>ry:
but probable and fit to move a Prince they must be, lest he doe an un<g ref="char:EOLhyphen"/>reasonable
act.</p>
                     <p>All those disputes therefore amongst the Civil and Canon Lawyers
and the Divines,<note place="margin">4.</note> Whether the Prince sins in dispensing without just cause,
or the subject in desiring it or using it without just cause; Whether if the
cause be not that which they are pleas'd to call just, the dispensation be va<g ref="char:EOLhyphen"/>lid,
and very many more, are inquiries relying upon weak grounds, and ten<g ref="char:EOLhyphen"/>ding
to no real purpose. For since the cause need not be necessary, but pro<g ref="char:EOLhyphen"/>bable,
it will be very hard if the Prince can find out no probable reason for
what he does, and harder yet to imagine that he should doe it at all, if he
have not so much as a probable reason why he does it; and since the reason
of dispensation is extrinsic to the cause or matter in hand very often, or
else is but occasion'd by the matter in hand, as most commonly it is in wise
and good governments, it will be impossible but that the Prince will have
reason enough to doe an act of kindnesse in his own affairs and matters of
his own disposing: the Princes will being enough to satisfy us, and any good
reason within or without being sufficient for him if it does move and deter<g ref="char:EOLhyphen"/>mine
his will, the consequent will be, that the Conscience ought to be at
rest, without curious inquiry into the cause, if it have a dispensation from a
just and competent authority.</p>
                     <p>And indeed it is not easy that the Prince can be reprov'd for the in<g ref="char:EOLhyphen"/>sufficiency
of the cause of dispensation:<note place="margin">5.</note> for a dispensation is not necessary
to the conscience at all, when the cause it self is great and sufficient for
equity; but then it is necessary for the avoiding of scandal or civil punish<g ref="char:EOLhyphen"/>ments
in some cases, that there be a declaration of liberty &amp; equity: but to
dispense is onely then proper and a fitting ministery 1. when the law is still
usefull and reasonable to one or more good purposes, but accidentally be<g ref="char:EOLhyphen"/>comes
<pb n="425" facs="tcp:58903:523"/>
an impediment of a greater good; or 2<hi rend="sup">ly</hi>, when it is doubtfull whe<g ref="char:EOLhyphen"/>ther
the cause of equity and legal remission without asking leave be suffi<g ref="char:EOLhyphen"/>cient,
for in this case, if the superior dispenses, he supplies by favour what
is wanting in the merit of the cause, and makes the conscience sure when
the question it self was not sure; or 3<hi rend="sup">ly</hi>, to reward a vertue, or the service
of a worthy person, or to doe honour or favour, mercy and benignity upon
the occasion of any reasonable consideration. These being all the causes of
proper dispensations, it will be hard that every thing of this should be
wanting, or that what moves a prudent Prince to doe it, should by the sub<g ref="char:EOLhyphen"/>ject
not be thought sufficient, especially since no man is judge of it but
he that does it: and therefore he that saies the dispensation was for an insuffi<g ref="char:EOLhyphen"/>cient
cause, hath no sufficient cause to say it; it may be evil in the manner, or
in the excesse, or in the event, but not in the moving cause, because a little
cause is sufficient, and therefore a little cause cannot suffice to blame it.
<hi>Nullius sensus esse praesumitur qui sensum vincat principalem.</hi>
                        <note place="margin">l. fin. C. de legib.</note> The subjects
opinion can never overcome the opinion of the Prince in those things
where the Prince is Judge.</p>
                     <p>There is onely this to be added,<note place="margin">6.</note> That he that dispenses with a law to
particular persons be carefull that it be in a matter wholly in his own pow<g ref="char:EOLhyphen"/>er,
and make no intrecnhment upon religion so much as collaterally, so far
as he can perceive, nor yet that any man be injur'd by it. And therefore if
a Prince dispenses with any one in the matter of tribute, he must abate it
from his own rights, and not lay it upon others, to their considerable and
heavy pressure. If it be inconsiderable, no man is to complain, but to indulge
so much to the Princes reason and to the man whom the King will honour;
but if it be considerable and great, the Prince ought not to do it, but upon
such a reason which may repay the private burden by the public advantage:
and the reason of this is not, because the Supreme power cannot dispense
with his own laws without great cause, but becasue he cannot dispense with
other mens rights. And therefore when by the laws of Christendome the
Tiths were given to the Curates of souls of all the fruits arising in their pa<g ref="char:EOLhyphen"/>rishes,
it was unjustly done of the Pope to exempt the lands of the <hi>Cistertians</hi>
and some other Orders from paying that due to the Parish Priest: for though
he that hath a just power may use it for the benefit of his subjects, yet he
may not use the rights of others and give away that which is none of his
own, to ease one and burden another. In cases of public necessity this may be
done, but not for pleasure, or a little reason. And therefore dispensations
must be sparingly granted, because if they be easy and frequent, they will
oppresse by their very numbers.<note place="margin">1. q 7.</note> 
                        <hi>Dispensationum modus nulli sapientum dis<g ref="char:EOLhyphen"/>plicuit,</hi>
said the Canon law. That which is but seldome and in small things,
or in little degrees, will be of no evil effect, and that which may greatly pro<g ref="char:EOLhyphen"/>fit
one or two will be no burden to a Common-wealth; but if it be often
done, and to many, it may be of evil consequent, and therefore ought not
to be done, but upon a cause so weighty, that the good effect of the cause
may prevail above the pressure of the dispensation: for though this may
be favour to one or to a few, yet it is justice to all. But if the dispensati<g ref="char:EOLhyphen"/>ons
be in matters of government, or censures, or favours and meer graces,
where some are benefited and no man is injur'd, as in taking off irregula<g ref="char:EOLhyphen"/>rities,
personal burdens which return to no mans shoulders, in giving graces
beyond the usual measures of laws, dispensations in time, in solennities of
law, giving what by law could not be claimed; in these and the like the
<pb n="426" facs="tcp:58903:524"/>
Prince as he hath supreme power, so his good will being mov'd by any rea<g ref="char:EOLhyphen"/>sonable
inducement is warrant enough for him that gives it, and for him
that uses it.</p>
                  </div>
                  <div n="5" type="section">
                     <head>§. 5. Commutation.</head>
                     <head> RULE V. The same power that can dispense, can also commute
a duty; and as in the first it eases, so in the latter it
binds the Conscience.</head>
                     <p>COmmutation is nothing but a kind,<note place="margin">1.</note> or rather a particular manner of
dispensation; and therefore hath in it no particular consideration differ<g ref="char:EOLhyphen"/>ing
from the former, but onely such prudential advices as are usefull to the
ministery and conduct of it.</p>
                     <p>For Commutation is a changing of the burden of the law into an act
of,<note place="margin">2.</note> it may be, a greater usefulnesse but a lesse trouble. Thus when a public
penance is enjoyn'd to a lapsed person, who by a public shame would be
hardned or oppressed, the Church sometimes dispenses in the obligation,
and changes it into almes, <hi>ut solvat in aere, quod non luit in corpore,</hi> that the
fruit of his labours may goe for the sin of his soul, and an expensive almes
may be taken in recompence of his exteriour humiliation.</p>
                     <p>1. But this must be done so as may be no diminution to religion,<note place="margin">3.</note> or to
adde confidence to the vices of great persons, who spend much more in the
purchases of their lust then in the redemption of their shame, and therefore
think they escape with their sin, when they enjoy it at a price.</p>
                     <p>2. It must be done never but upon considerations of piety and great
regard;<note place="margin">4.</note> not because the sinner is powerfull or rich: for though in matters of
commutative justice neither the rich man is to be regarded for his riches,
nor the poor man for his poverty; yet in matters criminal and of distribu<g ref="char:EOLhyphen"/>tive
justice the rich man is lesse to be eased, when the indulgence makes the
crime more popular and imitable by the greatnesse of the evil example; but
he is more to be eased, when the punishment will by reason of his greatnesse
of honour be too unequal a diminution to him, and cause a contempt grea<g ref="char:EOLhyphen"/>ter
then the intention of the law.</p>
                     <p>3. The commutation of the punishment imposed by law must at no
hand be done at a set price before-hand,<note place="margin">5.</note> or taxed in penitentiary tables, and
be a matter of course, or indifferent dispensation: for when men know the
worst of the evil, which they fear, to be very tolerable and easy, it is an in<g ref="char:EOLhyphen"/>vitation,
and does tempt to the sin. But therefore this must be done by
particular dispensation; not easily, not to all, not to many, not at all for the
price, but to relieve the needs of him who is in danger of being swallowed
by too great a sorrow.</p>
                     <p>
                        <pb n="427" facs="tcp:58903:524"/>
4. Commutations are not to be impos'd but when the dispensation is
something of ease in a law of burden;<note place="margin">6.</note> for then to change it into a lesse bur<g ref="char:EOLhyphen"/>den
is a dispensation by a commutation of which it is properly capable.
Thus when abstinence from flesh is enjoyn'd by a law, it may be upon good
ground dispens'd withall and chang'd into an abstinence from wine or
strong drink, or society, or into almes. But when laws are made which
contain in them no burden, but are in order to some end of personal or pub<g ref="char:EOLhyphen"/>lic
advantage, some end of vertue, or caution, or defence, then either the
dispensation (when it is reasonable to be requir'd) must be without com<g ref="char:EOLhyphen"/>mutation;
or if it be not, the commutation must be made into something
that shall contribute to the end intended in the law. Thus if any one hath
reason to desire to be dispensed with in the publication or trine denuncia<g ref="char:EOLhyphen"/>tion
of an intended marriage, it is not reasonable, nor according to the in<g ref="char:EOLhyphen"/>tention
and wisedome of the law, to change that law into a taxe of money,
though for almes and religion; but it may be done by commanding them to
abs<gap reason="illegible" resp="#TECH" extent="3 letters">
                           <desc>•••</desc>
                        </gap> in from mutual congresse till the secret marriage can prudently be
ma<gap reason="illegible" resp="#TECH" extent="1 letter">
                           <desc>•</desc>
                        </gap> public; because this commutation does in some degree secure the end
of the law, and makes some amends for want of publication of the bannes.
If a Deacon have reason to desire to receive the Order of Priesthood from
one that is not his own Diocesan, the Bishop that dispenses with him can<g ref="char:EOLhyphen"/>not
prudently or justly require of him to give a summe of money for the
reparation a Church, because that, though it be a good work, yet it is
not in the same matter, nor does it cooperate toward the wise end of the
law: but he does well, if he enjoyns him to procure and carry along with
him greater testimonials of his conversation and worthinesse, and that he
publish his intention to all his own neighbourhood, that they may, if they
see cause, object against him; and he may not be promoted by a clancular
ordination.</p>
                     <p>5. I might adde here, that in commutations the pretences of charity<note place="margin">7.</note>
and almes and religion must not be the cover of avaritious practices and
designes; but that this, although it be usefull in respect of the corrupted
manners of men, yet it is nothing to the explication of this Rule.</p>
                  </div>
                  <div n="6" type="section">
                     <head>§. 6. Contrary Custome.</head>
                     <head> RULE VI. A Custome can interpret a law, but can never ab<g ref="char:EOLhyphen"/>rogate
it without the consent of the Supreme
power.</head>
                     <p>THe doctrine of Customes both in divine laws and in humane,<note place="margin">1.</note> I have al<g ref="char:EOLhyphen"/>ready
explicated,<note place="margin">Book. 2. Chap. 3. Rule 29. &amp; Book 3. Chap. 4. Rule 15.</note> so far as concerns their positive power, and the pow<g ref="char:EOLhyphen"/>er
of binding the Conscience to obedience and complying. That which
now is to be inquir'd is concerning their power to disoblige and set at li<g ref="char:EOLhyphen"/>berty:
and even this also may very well be estimated by those positive
measures, and hath in it not very much of special consideration, save this
<pb n="428" facs="tcp:58903:525"/>
onely, that there is very great reason of dissenting from the commonly-re<g ref="char:EOLhyphen"/>ceived
doctrine of the power of customes in this very particular.</p>
                     <p>For although by the consent of all the world custome can introduce a
law,<note place="margin">2.</note> according to that saying of <hi>Tertullian,</hi>
                        <note place="margin">de Coron. milit.</note> 
                        <hi>Consuetudo in rebus civilibus pro
lege suscipitur, cum deficit lex,</hi> When there is no law, it is supplied by cu<g ref="char:EOLhyphen"/>stome;
and this is so far to be extended, that if the custome be reasona<g ref="char:EOLhyphen"/>ble,
and antecedent to a law, it shall remain after the making of a law in
that very matter,<note place="margin">c. 1. de consti<g ref="char:EOLhyphen"/>tut. in 6.</note> 
                        <hi>nisi expressè caveatur in ipsa,</hi> unlesse the law does ex<g ref="char:EOLhyphen"/>pressely
cancell it by particular caution: yet when a law is established and is
good, the force of custome is not sufficient of it self to annul it, and to
cancel the obligation of Conscience.</p>
                     <p>A custome can interpret a law.<note place="margin">3.</note> 
                        <hi>Si de interpretatione legis quaeratur,
inprimis inspiciendum est,</hi>
                        <note place="margin">l. si de interpret. ff. de legibus.</note> 
                        <hi>quo jure civitas retro in hujusmodi casibus utere<g ref="char:EOLhyphen"/>tur,</hi>
saies the law. For it is to be suppos'd that the law was obeyed, and in
that sense in which the law-giver intended it; and that the people doe their
duty in things of public concern is a just and a legal presumption: and there<g ref="char:EOLhyphen"/>fore
nothing is more reasonable in questions concerning the interpretation
of a law, then to inquire how the practice of the people was in times by<g ref="char:EOLhyphen"/>gone,
because what they did when the reason and sense of the law was best
perceiv'd, and what the law-giver allowed them to doe in the obedience of
it, may best be suppos'd to be that which he intended. Upon this account,
the judg'd cases in law are the best indication of the meaning of the law;
because the sentence of the Judges does most solemnly convey the notice
of a custome, and allow it reasonable, and by those customes does interpret
the law, so that they give aid each to other; the custome gives assistance
to the Judges in understanding the meaning of the law, and the Judges
giving sentence according to the custome declare that custome to be rea<g ref="char:EOLhyphen"/>sonable;
according to that in the <hi>Spanish</hi> laws,<note place="margin">Vide Burgos de Paz. in l. 1. Tauri, num. 247.</note> 
                        <hi>That custome is for ever here<g ref="char:EOLhyphen"/>after
to be observed, si secundum eam bis judicatum fuerit, if there have
been two sentences pronounced according to the custome.</hi> But this use of cu<g ref="char:EOLhyphen"/>stome
is expressed both in the Civil and Canon law.<note place="margin">l. nam Impera<g ref="char:EOLhyphen"/>tor. ff. cod.</note> 
                        <hi>In ambiguitatibus quae
ex legibus proficiscuntur, consuetudinem aut rerum perpetuò similiter judi<g ref="char:EOLhyphen"/>catarum
authoritatem vim legis obtinere debere.</hi> Custome and precedents
of law are as good as law in all questions of law and of doubtfull in<g ref="char:EOLhyphen"/>terpretation:
and therefore the Presidents of Provinces were commanded
to judge by the measures of custome:<note place="margin">l. 1. C. quae sit longa consuet.</note> 
                        <hi>probatis iis quae in oppido frequenter
in eodem controversiarum genere servata sunt, causâ cagnitâ statuat;</hi> see
what is the custome of the place, and by the measures of that let the decree
passe. And so it is in the Canon law, where a certain Bishop is commanded
to inquire what is the custome of the Metropolitan Church and the Chur<g ref="char:EOLhyphen"/>ches
in the neighbourhood,<note place="margin">cap. super eo. de cognat. spirit.</note> 
                        <hi>&amp; diligentius imitari, to follow it diligently,</hi>
meaning both in practice and in sentences. Now in this, if the Conscience
can be relieved and the rigor of the law abated by the aides of custome, it
is safe to use it, and to proceed according to the rules of equity, describ'd
in the beginning of this Chapter.</p>
                     <p>But all this is therefore reasonable because it is <hi>consuetudo secundum
legem,</hi>
                        <note place="margin">4.</note> it is according to law; all the ease and abatements of which that are
reasonable the Conscience may safely use. But if a custome be against a law,
the law, and not the custome ought to prevail; for a custome cannot take
<pb n="429" facs="tcp:58903:525"/>
off from us the duty and obedience we owe to the just laws of our superi<g ref="char:EOLhyphen"/>ors.
<hi>Consuetudo nec rationem vincit nec legem.</hi>
                        <note place="margin">l. 2. C. quae sit long. consuet.</note> As in Divine laws reason and
truth can never be prejudic'd by contrary customes; so in humane laws, the
authority and obligation cannot be annull'd by desuetude alone. For al<g ref="char:EOLhyphen"/>though
a man may get impunity and save his skin whole under the prote<g ref="char:EOLhyphen"/>ction
of contrary custome; yet our inquiry is for the indemnity of Con<g ref="char:EOLhyphen"/>science:
and as to this, it is considerable that when a custome contrary to
law does enter, it enters by neglect or disobedience, by rebellion or con<g ref="char:EOLhyphen"/>tempt,
it proceeds all the way in the paths of iniquity; for still men goe
<hi>quà itur, non quà eundum est,</hi> they goe, like frighted or wandring sheep, there
where the gap is open, not where the way lies: and it will be impossible
that such customes should be a warranty to the conscience, and that it
should be lawfull to break a law, because the law is broken; that disobedi<g ref="char:EOLhyphen"/>ence
should warrant rebellion<note n="*" place="margin">Non possepra<g ref="char:EOLhyphen"/>scribi contra obedientiam. cap. cum non liceat. de prae<g ref="char:EOLhyphen"/>script.</note>; and that it be innocent to follow the mul<g ref="char:EOLhyphen"/>titude
to sin. So that so long as the custome is alone and walks by it self,
it walks amisse: but if by any means this custome pass into lawfull,
as a traveller that goes so far westward and still goes on till at last he comes
to the rising of the sun, then it is not by any force of the custome, but by
first obtaining pardon and then procuring leave.</p>
                     <p>For it is observable that in law,<note place="margin">5.</note> customes themselves are esteem'd il<g ref="char:EOLhyphen"/>legal
and reprobate if they be against law.<note place="margin">cap. cum causa. de re judicata.</note> 
                        <hi>Licet usus consuetudinis non mi<g ref="char:EOLhyphen"/>nima
sit authoritas, nunquam tamen veritati aut legi praejudicat;</hi> Use and
custome hath great authority, but nothing against truth or law: and <hi>Non
valet consuetudo contra canonicam institutionem;</hi>
                        <note place="margin">glos. in cap. ad nostram. de consuet. verb. canonicis.</note> for the custome is unreaso<g ref="char:EOLhyphen"/>nable
if it be against law: for <hi>illam dico rationabilem quam non improbant jura,</hi>
saith the Glosse <hi>in cap. ult. de consuet. verbo rationabilis;</hi> and the <hi>Lateran</hi>
Council defines those customes to be reasonable, <hi>quae ratione juvantur &amp;
sacris congruunt institutis, which are assisted by reason and are agreeable to the
holy Canons.</hi> Now because a custome is by no law admitted unlesse it be
reasonable, and that by all laws those customes are judg'd unreasonable
which are against law; we have reason to withdraw our selves from the
practice of such customes though they be never so general and long, un<g ref="char:EOLhyphen"/>lesse
they be by some other means allowed.</p>
                     <p>And therefore there is wholly a mistake in this doctrine,<note place="margin">6.</note> upon the ac<g ref="char:EOLhyphen"/>count
of <gap reason="illegible" resp="#TECH" extent="1 letter">
                           <desc>•</desc>
                        </gap>n <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap> and some antinomies in law: for it is certain that
in the Civil law, and in the laws of many nations anciently, the custome
of the people was esteem'd sufficient to abrogate a law; but it began first,
and continued long onely in those Common-wealths where the people had
power to make a law, or had some pretensions and colours of that power
which were not wholly to be taken from them: and therefore, <hi>Rectissimè
receptum est ut leges non solum suffragio legislatoris,</hi>
                        <note place="margin">l. de quibus. ff. de legib.</note> 
                        <hi>sed etiam tacito con<g ref="char:EOLhyphen"/>sensu
omnium per desuetudinem abrogentur, Laws are abrogated not onely by
the expresse revocation of the law-giver, but by the secret consent of all.</hi> And
the reason of this is well express'd by <hi>Julianus</hi> the Lawyer,<note place="margin">ibid.</note> 
                        <hi>Quid interest
suffragio populus voluntatem suam declaret, an rebus ipsis &amp; factis? It is all
one how the people signify their will, by suffrages or by actions:</hi> meaning that
so long as the legislative power was in them, they had power to revoke
their own law by custome as well as by voice, at long running as well as at
one convention. But when the people are not their own subjects and their
own Princes (for so they are in all popular governments) but that the Prince
<pb n="430" facs="tcp:58903:526"/>
or the Senate hath the legislative power, they cannot introduce a custome
but by rebellion and disobedience. In Democracies, when the people did
otherwise then their own laws requir'd, they disobeyed themselves, and so
were innocent and out of danger; but now they cannot disobey but they
sin, and a sin can never of it self lead a man to innocence, nor a lie to truth,
unlesse it be by the help of some other intervening cause, of it self alone it
cannot. But this affair relies upon the same ground which I formerly dis<g ref="char:EOLhyphen"/>cours'd
of in this book;<note place="margin">Chap. 1. Rule 7.</note> for the mistake of men is alike in both. The ob<g ref="char:EOLhyphen"/>ligation
of a law does not depend upon the acceptation of the people; and
as a law hath not it's beginning so neither can it have it's perpetuity depen<g ref="char:EOLhyphen"/>dantly
upon them; and no man thinks it hath, but he who supposes the
supreme power to be originally in the people, and in the King by trust; and
there are too many that think that, for there have been so many Democra<g ref="char:EOLhyphen"/>tical
governments that many wise men have said so, because then they had
reason: but so many popular governments have also produc'd popular opi<g ref="char:EOLhyphen"/>nions,
which being too much receiv'd even by wise men, have still given the
people occasion to talk so still, and to very many to believe them.</p>
                     <p>But if a contrary custome could justly abrogate a law,<note place="margin">7.</note> then it were no
matter who had the legislative power, for whatever the Prince please, the
people shall chuse whether it be a law or no; which because it is a perfect
destruction to all government, must needs proceed from an intolerable prin<g ref="char:EOLhyphen"/>ciple.
To which I adde this consideration, that whatever effect in law and
external regiment a custome may be admitted to have, of which I am not
concern'd to give accounts, yet if the custome be against law, it is certain
the conscience can have no safety, and no peace but in the obedience to the
law. For besides that there are so many difficult and indeterminable que<g ref="char:EOLhyphen"/>stions
in the conduct of the matter of customes, as whether the custome be
reasonable, and who is to judge of that, and by what measures; what are
the sufficient causes of custome, whether there must be some inequality or
pressure or iniquity in the matter, or is it sufficient that the multitude is
willing to introduce a custome against law? what time and continuance is
requir'd to prescribe a custome, and when it begins to be innocent, and how
long it is disobedience; how many must concurre to the making of it, and
whether the dissent of a few does interrupt it's coalition and growing into
a custome, and how shall we know whether all or no doe consent? or how
are we sure that a greater part is sufficient, and that we have the greater
part with us? whether for the abrogation of the law a mere desuetude or
omission is sufficient, or must the custome be contrary to the law and matter
of fact? and if that be sufficient to annul an affirmative precept, how many
things and circumstances of things will be further requir'd for the re<g ref="char:EOLhyphen"/>moving
the obligation of a negative commandement? and very many more
to the same purposes, that is, to no purposes: besides this, I say, the con<g ref="char:EOLhyphen"/>science
can never be warranted in any thing but obedience, because it is im<g ref="char:EOLhyphen"/>possible
to tell the precise time in which the law is actually abrogated by
the custome; and therefore a man can never know by all that is before him
in this affair, whether he be worthy of love or hatred.</p>
                     <p>There is onely one case that can set this right,<note place="margin">8.</note> and give warranty to
the conscience, and that is when the Prince or the supreme power allows the
custome and annuls his own law; for he onely that made it can give it a pe<g ref="char:EOLhyphen"/>riod:
and therefore our inquirie can be onely this, how we shall know when
<pb n="431" facs="tcp:58903:526"/>
the Prince is willing the law shall goe for nothing. Concerning which
there are but two ways of our knowing it, or his doing it. The one is by
tacit consent or secret approbation of the custome, as by not punishing, by
not complaining, and by silence; and the other is by direct revocation.
The former will be very hard to know so well as to be able to bring peace
to an inquiring and curious conscience; but I shall give accounts of the best
ways of knowing it in the next book, in the explication of this Rule,
<hi>Qui tacet consentire videtur:</hi> of the latter I am to speak in the next Rule.
In the mean time there is nothing sure for the conscience but to obey the
laws, onely that we can understand that the custome is then approved when
it passes <hi>in rem judicatam,</hi> when the Kings Judges have given sentence in a
cause against an old law, for a later custome; which when they have reason
to doe, the Princes will is sufficiently declared; till then, if we cannot suffi<g ref="char:EOLhyphen"/>ciently
know that the Prince does secretly approve the custome against the
law, we must stay till the law be expressely abrogated, and then the custome
may safely be complied with, because then we are sure it is not against law.
For, as <hi>Panormitan</hi> said well, <hi>Oportet ut duae partes sint scientes consuetudinis
quae introducitur.</hi> Not onely the people, but the Prince too must consent
before the custome be approved. For there must be two words to this
bargain.</p>
                  </div>
                  <div n="7" type="section">
                     <head>§. 7. Abrogation.</head>
                     <head> RULE VII. Abrogation of a law by a competent, that is, by
the Supreme power, may be just and reasonable,
though the law it self be neither unreasonable nor
unjust.</head>
                     <p>THe causes of abrogating a law are all those which are sufficient to make
a good and a wise man change his mind.<note place="margin">1.</note> The alteration of the cause
of the law, new emergencies, unfit circumstances, public dislike, a greater
good: for it is no otherwise in the public then in the private will; there
where a man is master of his will and ruler of his own affairs, there is no<g ref="char:EOLhyphen"/>thing
to be consider'd, but that what he does be done wisely and justly
and charitably. The same power that makes the law, the same can annul
it, and the same reason which introduc'd the law, can also change it: and
there is no difference but this onely, that a law may not be imposed unlesse
the matter of it be honest, or holy, or profitable; but it may be abrogated
though it be all this, provided it be not necessary. For to the making of a
law all the conditions are requir'd, a competent authority, and just mat<g ref="char:EOLhyphen"/>ter,
and fitting promulgation; but to the abrogation of it, the defect of any
one cause is sufficient. And therefore if the law be <hi>unjust,</hi> it ceases of it
self; if it be <hi>uselesse,</hi> it falls into just neglect; if it be <hi>not publish'd,</hi> it is not
born; if it be <hi>generally dislik'd,</hi> it is suppos'd to be uncharitable, and there<g ref="char:EOLhyphen"/>fore
is as good as if it were not born, for it will be starv'd at Nurse. But
when it is made it must continue and be maintain'd by all these things to<g ref="char:EOLhyphen"/>gether;
<pb n="432" facs="tcp:58903:527"/>
and therefore when any one fails, the whole structure descends into
dissolution and a heap. But therefore if the will of the Prince changes,
and that he will not have it to be a law, it looses the spirit, though the body
and the external causes of life remain. For though an action must not be
done unlesse it be good and innocent, yet it is not necessary that it be done,
though it be so. Every thing that is good is not necessary, and many good
things are let alone, and at the same time others as good as they are done,
and sometimes better: and because there are many good provisions and
counsels which are not taken, and are not made into laws, many such things
which are well enough may be laid aside, either for the procuring a greater
good, or for the avoiding of some appendant inconvenience. But in these
cases, unlesse the Prince be obliged by oath or promise to preserve this
law, his abrogating even of a good law is no question of justice, but of
prudence and charity, both which also may be preserved, if the good be
chang'd, or improv'd, or recompens'd. But whether it be right or wrong
on the Princes part, yet if the law be annull'd, the conscience of the subject
is no longer bound. The Prince cannot bind the conscience, unlesse the
law be good; but the conscience is at liberty, though the abrogation be not
good. Because the goodnesse of the matter cannot make it into a law with<g ref="char:EOLhyphen"/>out
the Prince's will, but the Prince's will can alone make it cease to be.</p>
                     <p>Upon this account,<note place="margin">2.</note> it is not unseasonable to inquire whether, that a
thing hath been abus'd may be accounted a just and a prudent cause to take
it quite away.</p>
                     <p>That it may be a just,<note place="margin">3.</note> that is, a sufficient cause, is out of all question,
because it is not unjust; for then in this case it is just enough, though it be
not necessary. But whether it be prudent for the Prince to doe it, and
whether it be necessary that it be done, is another consideration. But to
this the precedent of <hi>Hezekiah</hi> King of <hi>Judah</hi> is a good guide. For he
brake in pieces the brazen serpent, because the people made it an idol; and
he did prudently, because the people who were too apt to that crime could
not easily be kept from doing it so long as that great memorial of the di<g ref="char:EOLhyphen"/>vine
power did remain. It is like removing a beautifull woman from the
greedy eyes of a yong person; he cannot behold her and be safe: and thus it
is in all cases, if the evil be incumbent, and not remediable, nor to be cleans'd
from mischief or just suspicion and actual danger, then whatsoever is so
abus'd not onely may, but ought to be remov'd. But if that which was
abus'd be now quitted from the abuse, then it may be kept, if it be good
for any thing: and if it were not, I suppose there would be no question
about it.</p>
                     <p>But in the change of laws,<note place="margin">4.</note> or reformation of prevailing evil customes,
<hi>prudence is good always,</hi> and <hi>zeal sometimes:</hi> but certainly the contrary and
the exterminating way of reformation is not always the best, because he
that opposes a vice too fiercely may passe into a contrary vice as readily as
into a contrary vertue. If a Church happens to command some rituals and
formes of worship in a superstitious manner or to superstitious purposes,
or if men doe observe them with a curiosity great as to the nicenesse of su<g ref="char:EOLhyphen"/>perstition,
it is not good to oppose them superstitiously. If the obedient
doe keep the rituals as if they were the Commandements of God, they are
to blame: but if the disobedient will reject them as if they were of them<g ref="char:EOLhyphen"/>selves
<pb n="433" facs="tcp:58903:527"/>
against God's Commandements they are more to blame, because a
superstitious obedience is better then a superstitious rebellion; <hi>that</hi> hath
piety and error in an evil mixture, but <hi>this</hi> hath error and impiety.</p>
                     <p>But as to the subject matter and inquiry of the Rule;<note place="margin">5.</note> That a thing
hath been abus'd, and a law hath been made the occasion of evil, it does not
make the law of it self to cease, unlesse that abuse and deception be not to
be cur'd without abrogation of the law. So that if a subject sees the abuse
and is offended at it, and is not tempted to comply with it, he is still tied to
observe the law, and in his own practice separate it from the abuse. Thus in
the Primitive Church, the observation of Vigils and Wakes was a holy
custome, and yet it afterwards grew into such abuse, that the Ecclesiastic
authority thought it fit to abrogate it; because the custome in the declining
piety and corrupted manners of the world was a ready temptation to the
evil. But till the Vigils were taken away by authority, the laws of the
Church did still oblige, and did not cease of themselves: and therefore
where with innocence and without active scandal they could be observed,
the subject was oblig'd. But then this was cause enough why the Rulers
of Churches should annul that law or custome. If they could easily have
quitted those meetings from corruption, they might if they pleas'd retain
them or annul them, as they listed; onely they were bound to annul
them when the evil could find no other remedy. The abuse even so long
as it was curable was yet cause enough why the Supreme power <hi>might</hi>
abrogate the law, but not sufficient to make the abrogation necessary, nor
yet for the subject to disobey it. For the inferior cannot lawfully with<g ref="char:EOLhyphen"/>draw
his obedience, till the superior cannot lawfully retain the law: but
when to abrogate it is necessary, then to disobey it is no sin.</p>
                     <p>I conclude these numerous inquiries and large accounts of the obliga<g ref="char:EOLhyphen"/>tion
of Conscience by Humane laws,<note place="margin">6.</note> with the Apologue taken out of <hi>Nico<g ref="char:EOLhyphen"/>laus
Damascenus</hi> his Politics. <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>.
Laws are like the
girdles of the <hi>Iberian</hi> women: if any mans belly or his heart is too big for
those circles, he is a dissolute and a dishonour'd person.</p>
                  </div>
               </div>
               <trailer>The end of the Third Book.
Non nobis Domine.</trailer>
            </div>
            <div n="4" type="book">
               <div type="title_page">
                  <pb facs="tcp:58903:528"/>
                  <pb facs="tcp:58903:528"/>
                  <p>OF
THE NATURE AND CAUSES
OF
Good and Evil,
THEIR
Limits &amp; Circumstances,
THEIR
AGGRAVATIONS &amp; DIMINUTIONS. The Fourth Book.</p>
                  <p>
                     <hi>LONDON,</hi>
Printed by <hi>James Flesher,</hi> for <hi>Richard Royston</hi> at the
Angel in <hi>Ivy-lane.</hi> 1660.</p>
               </div>
               <div type="introduction">
                  <pb facs="tcp:58903:529"/>
                  <pb n="437" facs="tcp:58903:529"/>
                  <head>The Fourth Book.</head>
                  <p>
                     <seg rend="decorInit">H</seg>E that intends to consider any thing fully and intirely,
must consider it in all the four kinds of causes. The
<hi>Formal cause,</hi> or the essentiality of good and evil is <hi>the
doing it with or against Conscience,</hi> true of false, right
or wrong, confident or doubtfull, probable or certain;
and this I have explicated in the First book. The <hi>Ma<g ref="char:EOLhyphen"/>terial
cause</hi> of good and evil is derived from the object
or the Rule, which is the laws of God and Man, by a
conformity to which the action is good; and if it disagrees, it is materially
evil. And this I have largely represented in the Second and Third Books.</p>
                  <p>But because it is not enough that any thing be in its own nature honest
and just, unlesse it be also honestly and justly done, according to that saying
of the wise man, <hi>Qui sanctitatem sanctè custodiunt judicabuntur sancti,
They that keep holinesse holily shall be adjudged holy;</hi> to make up the Rule of
Conscience complete, it is necessary that it be considered by what Rules
and measures a good action may be rightly conducted, and how all may be
rightly judged, that we passe on to emendation, either by repentance or
<gap reason="illegible" resp="#TECH" extent="2 letters">
                        <desc>••</desc>
                     </gap>provement, that a good action may not be spoil'd, and an evil may not
be allowed, but that according to the words of the Apostle we may be <gap reason="foreign">
                        <desc>〈 in non-Latin alphabet 〉</desc>
                     </gap>
                     <hi>prepar'd for every good work:</hi> which will be done
by considering <hi>the efficient</hi> and <hi>the final causes</hi> of all humane actions; the
nature and rules of which when we understand and consider, as we have the
measure of humane actions in all the four kinds of causes, so there will be
nothing deficient to the fulnesse of a general or universal Rule of Con<g ref="char:EOLhyphen"/>science.</p>
               </div>
               <div n="1" type="chapter">
                  <head>CHAP. I. Of the efficient causes of all Humane actions good or
evil.</head>
                  <div n="1" type="section">
                     <head>§. 1. Of Choice and Election, voluntary and involuntary.</head>
                     <div n="1" type="section">
                        <head> RULE I. An action is neither good nor evil, unlesse it be vo<g ref="char:EOLhyphen"/>luntary,
and chosen.</head>
                        <p>THis Rule is taken from the doctrine of S. <hi>Austin,</hi>
                           <note place="margin">1.</note> who makes freedome
and election to be of the constitution and definition of sin.<note place="margin">habetur 15. qu. 1. in princip. lib. De duabu<gap reason="illegible" resp="#TECH" extent="1 letter">
                                 <desc>•</desc>
                              </gap> animabus cap. 11.</note> 
                           <hi>Peccatum
est voluntas retinendi vel consequendi quod justitia vetat, &amp; unde liberum est
abstinere.</hi> The will is the mistresse of all our actions, of all but such as are ne<g ref="char:EOLhyphen"/>cessary
<pb n="438" facs="tcp:58903:530"/>
and natural; and therefore to her it is to be imputed whatsoever is
done. The action it self is good or bad by it's conformity to, or difformi<g ref="char:EOLhyphen"/>ty
from the Rule of Conscience; but the Man is good or bad by the will.
<hi>Nemo nostrûm tenetur ad culpam,</hi>
                           <note place="margin">ibid. ubi suprá. cap. non est.</note> 
                           <hi>nisi propriâ voluntate deflexerit,</hi> said S.
<hi>Ambrose.</hi> If the actions be natural and under no command of the will, they
are good by creation and the act of God; but if it be a moral action it is
to be conducted by another Oeconomy. For in these it is true which the
Wise man said, <hi>Deus posuit hominem in manu consilii sui:</hi> God intending to
be glorified by our free obedience hath set before us good and evil: we may
put our hand to which we will; onely what we chuse that shall be our por<g ref="char:EOLhyphen"/>tion:
for all things of this nature he hath left us to our selves; not to our
natural strengths, but <hi>to our one choice;</hi> he hath instructed us how to chuse;
he hath open'd to us not onely the nature of things, but the event also of all
actions, and invited the will with excellent amabilities and glorious objects;
and by all the aides of the Spirit of Grace hath enabled it to doe it's own
work well. Just as Nature is by Physic enabled to proceed in her own work
of nutriment and increase by a removing of all impediments, so does the
Spirit of God in us, and to us, and for us: and after all the will is to chuse
by it's own concreated power.</p>
                        <p>I shall not here enter into the philosophy of this question,<note place="margin">2.</note> but con<g ref="char:EOLhyphen"/>sider
it onely as it is to be felt and handled. Let the will of man be enabled
by what means it please God to chuse for it, without God's grace we are
sure it cannot doe it's work; but we are sure also that we can doe our work
that God requires of us, and we can let it alone: and therefore as sure as
God's grace and help is necessary, so sure it is that we have that help that
is necessary; for if we had not, we could not be commanded to work, and
there were no need of arguments or of reason, of deliberation or inquiry,
according to the words of S. <hi>Austin,</hi>
                           <note place="margin">lib. de fide con<g ref="char:EOLhyphen"/>tra Manichaeos cap. 10.</note> 
                           <hi>Quis non clamet stultum esse praecepta
dare ei, cui liberum non est quod praecipitur facere; &amp; iniquum esse eum dam<g ref="char:EOLhyphen"/>nare,
cui non fuit potestas jussa complere?</hi> for if in humane actions, that
is actions <hi>of morality,</hi> there be a fate, then there is no contingency, and
then all deliberation were the greatest folly in the world; because since
onely one part is possible (that being impossible to come to passe which
God hath inevitably decreed shall never be) the other part is but a chimae<g ref="char:EOLhyphen"/>ra,
and therefore not subject to consultation. Adde to this, if all our acti<g ref="char:EOLhyphen"/>ons
were predetermin'd, then one man were not better then another, and
there could be no difference of rewards in heaven or earth; God might
<hi>give</hi> what he please, but he shall <hi>reward none,</hi> not in any sense whatsoever;
&amp; Christian Princes may as well hang a true man as a thief, because this man
no more breaks his law then the other, for neither of them doe obey or
disobey, but it is fortune that is hang'd, and fortune that is advanc'd:
<q>Ille erucem [sortis] pretium tulit, hic diadema;</q>
and there is no such thing as vertue, no praise, and no law. But in all this
there is nothing new. For these were long since the discourses of S. <hi>Austin</hi>
against the <hi>Manichees,</hi> and S. <hi>Hierom</hi> against the <hi>Pelagians;</hi> and S. <hi>Leo</hi> by
these very Mediums confutes the <hi>Priscillianists,</hi> as appears in his 19<hi rend="sup">th</hi> Epistle
to <hi>Turibius</hi> the Bishop. But certainly that is a strange proposition which
affirms that nothing is possible but what is done; and to what purpose is re<g ref="char:EOLhyphen"/>pentance?
No man repents that he could not speak as soon as he was born,
and no man repents that he was begotten into the world by the ordinary
<pb n="439" facs="tcp:58903:530"/>
way of all the earth. He that repents is troubled for doing what he ought
not, and what he need not. But I will goe on no further in this particular;
not because I cannot chuse, for I could adde very many more things, but
because if a man hath not a power to will or nill, it is to no purpose to write
cases of Conscience, or indeed to doe any thing as wise men should. A fool
and a wise man differ not, a lazy man and a diligent, a good man and a bad,
save onely one hath a better starre; they differ as a strong man and a weak:
but though one be the better thing, he is not the better man. But I am not
here to dispute, yet I shall observe a few things which may be usefull to the
question as the question can minister to practice.</p>
                        <p>1. That whereas all men granting liberty of will in actions of natural
life and common entercourse,<note place="margin">3.</note> many of them deny it in moral actions, and
many more deny it in actions spiritual, they consider not that they evacuate
and destroy the very nature and purpose of liberty and choice. For besides
that the case of <hi>moral</hi> actions and <hi>spiritual</hi> is all one, for that action is <hi>mo<g ref="char:EOLhyphen"/>ral</hi>
which is done in obedience or disobedience to a law, and <hi>spiritual</hi> is no
more, save onely it relates to another law, to the Evangelical or Spiritual
<hi>law of liberty,</hi> but in the nature of the thing it is the same, and can as well
be chosen one as the other, when they are equally taught, and alike com<g ref="char:EOLhyphen"/>manded,
and propounded under the same proportionable amability, and till
they be so they are not equally laws; besides this, the denying liberty
in all moral things, that is in all things of manners, in all things of obe<g ref="char:EOLhyphen"/>dience
to the laws of God and Man, and the allowing it in things under no
law, is a destruction of the very nature and purpose of liberty. For the
onely end of liberty is to make us capable of laws, of vertue and reward,
and to distinguish us from beasts by a distinct manner of approach to God,
and a way of conformity to him proper to us; and except in the matter of
Divine and humane laws, except in the matter of vertue and vice, except
in order to reward or punishment, liberty and choice were good for no<g ref="char:EOLhyphen"/>thing:
for to keep our selves from harm, and poison, and enemies, a natu<g ref="char:EOLhyphen"/>ral
instinct, and lower appetites, and more brutish faculties would serve our
needs as well as the needs of birds and beasts. And therefore to allow it
where it is good for nothing, and to deny it where onely it can be usefull
and reasonable and fit to be done, and given by the wise Father of all his
creatures, must needs be amisse.</p>
                        <p>2. Liberty of choice in moral actions,<note place="margin">4.</note> that is, in all that can be good
or bad, is agreeable to the whole method and purpose, the Oeconomy and
designe of humane nature and being. For we are a creature between An<g ref="char:EOLhyphen"/>gel
and beast, and we understand something, and are ignorant of much, and
the things that are before us are mixt of good and evil, and our duty hath
much good and some evil, and sin hath some good and much evil, and there<g ref="char:EOLhyphen"/>fore
these things are and they are not to be pursued; <hi>Omne volunta<g ref="char:EOLhyphen"/>rium
est etiam involuntarium,</hi> and there is a weight on both sides, and our
propositions are probable, not true and false, but for several reasons seem<g ref="char:EOLhyphen"/>ing
both to several persons. Now if to all this there were not a faculty
that should proportionably, and in even measures, and by a symbolical pro<g ref="char:EOLhyphen"/>gression
tend to these things, we could not understand, we could not see,
we could not admire the numbers and music and proportions of the Divine
wisedome in our creation in relation to this order of things. For since in
our objects there is good and evil in confusion or imperfect mixture, if our
<pb n="440" facs="tcp:58903:531"/>
faculties tending to these objects were natural, and not deliberative &amp; ele<g ref="char:EOLhyphen"/>ctive,
they must take all in, or thrust all out, and either they must receive
no good, or admit every evil. It is natural for every thing to love it's good
and to avoid it's evil: now when the good and evil are simple and unmixt
or not discerned, an instinct and a natural tendency to the object is suffici<g ref="char:EOLhyphen"/>ent
to invest it in the possession. But when they are mixt, and we are com<g ref="char:EOLhyphen"/>manded
to chuse the good and eschew the evil, if to an indifferent object
there be not an indifferent faculty, what Symmetry and proportion is in
this creation? If there be two amabilities propounded, and onely one is to
be followed, and the other avoided, since the hand hath five, the soul must
at least have two fingers, the one to take, the other to put away. And this is
so in all species or kinds of <hi>moral</hi> actions, even that kind which we call
<hi>spiritual;</hi> for with that also there is mingled so much difficulty and displea<g ref="char:EOLhyphen"/>sure,
that is, so much evil, so much that we naturally and reasonably desire
to avoid, and the avoiding of this evil does so stand against the chusing of
the other good, that a natural and unchusing faculty can doe nothing at all
in the question. But upon this account God hath commanded industry, di<g ref="char:EOLhyphen"/>ligence,
toleration, patience, longanimity, mortification; that is, he hath
set before us several eligibilities in order to several ends, which must either
be wholly to no purpose, or an art of vexation and instrument of torment
to evil purpose, or else the means of a reward, and the way of felicity by
the advantage of a free and a wise choice, and this is to very good pur<g ref="char:EOLhyphen"/>pose.
<q>
                              <l>Materiamque tuis tristem virtutibus imple:<note place="margin">Ovid. Trist. lib. 4. El. 3.</note>
                              </l>
                              <l>Ardua per praeceps gloria vadit iter.</l>
                              <l>Hectora quis nosset, si felix Troja fuisset?</l>
                              <l>Publica virtutis per mala facta via est.</l>
                           </q>
It is difficulty and the mixture of several amabilities that presupposes
choice and makes vertue. But if events and actions were equally prede<g ref="char:EOLhyphen"/>termin'd,
idlenesse would be as good as labour, and peevishnesse as good
as patience; but then a man could never come to God. It was well said of
<hi>Eusebius,</hi> 
                           <gap reason="foreign">
                              <desc>〈 in non-Latin alphabet 〉</desc>
                           </gap>.
As idlenesse is to the body, so is carelesnesse and in<g ref="char:EOLhyphen"/>consideration
to the soul, but exercise and difficulty and mortification
bring us unto God: but these things cannot be understood but where there
is liberty and election, and yet without these there is no vertue.
<q>
                              <l>—Nam virtus futile Nomen</l>
                              <l>Ni decus adfuerit patiendo,<note place="margin">Sil. Ital. l. 9.</note> ubi tempora lethi</l>
                              <l>Proxima sint, pulchramque petat per vulnera laudem.</l>
                           </q>
Difficulty makes vertue, and the contrariety of objects makes difficulty,
and the various ends and amabilities make the contrariety, and liberty is
the hand and fingers of the soul by which she picks and chuses, and if she
gathers flowers she makes her self a garland of immortality.</p>
                        <p>3. All this state of things thus represented must needs signify a state
much more perfect then that of beasts,<note place="margin">5.</note> but very imperfect in respect of
that of Angels, and of that which we our selves expect hereafter; and
therefore that liberty which is made in just proportion to fit this imper<g ref="char:EOLhyphen"/>fection
must also of it self needs be imperfect, and need not be envied to
mankind as if it were a jewel of the celestial crown. Alas it is an imper<g ref="char:EOLhyphen"/>fection,
<pb n="441" facs="tcp:58903:531"/>
fit to humble us, not to make us proud; it is not too much to be
given us, it is a portion of our imperfect condition; it onely sets us higher
then a Tulip, and enlarges our border beyond the folds of sheep or the
Oxens stall, but it keeps us in our just station, servants to God, inferior to
Angels, and in possibility of becoming Saints. For in moral or spiritual
things <hi>liberty</hi> and <hi>indetermination</hi> is <hi>weaknesse,</hi> and supposes a great infir<g ref="char:EOLhyphen"/>mity
of our reason and a great want of love. For if we understood all the
degrees of amability in the service of God, and if we could love God as
he deserves, we could not deliberate concerning his service, and we could
not possibly <hi>chuse</hi> or be in love with disobedience, we should have no liber<g ref="char:EOLhyphen"/>ty
left, nothing concerning which we could deliberate; for there is no de<g ref="char:EOLhyphen"/>liberation
but when something is to be refus'd, and something is to be pre<g ref="char:EOLhyphen"/>ferr'd,
which could not be but that we understand good but little, and love
it lesse. For the Saints and Angels in heaven and God himself love good
and cannot chuse evil, because to doe so were imperfection and infelicity;
and the Devils and accursed souls hate all good, without liberty and indif<g ref="char:EOLhyphen"/>ferency:
but between these is the state of Man in the days of his pilgrimage,
untill he comes to a confirmation in one of the opposite termes. Liberty
of will is like the motion of a Magnetic needle toward the North, full of
trembling and uncertainty till it be fixt in the beloved point: It wavers as
long as it is free, and is at rest when it can chuse no more. It is humility
and truth to allow to man this liberty; and therefore for this we may lay our
faces in the dust, and confesse that our dignity and excellence supposes mi<g ref="char:EOLhyphen"/>sery
and is imperfection, but the instrument and capacity of all duty and
all vertue.</p>
                        <p>4. In the inquiries concerning the efficient cause of moral actions men
doe deny one truth for fear of loosing another,<note place="margin">6.</note> and will not allow <gap reason="illegible" resp="#TECH" extent="1 letter">
                              <desc>•</desc>
                           </gap>o man
a liberty of choice in spiritual actions and moral effects, for fear of dispa<g ref="char:EOLhyphen"/>raging
the grace of God; whereas it is by the grace of God that we have
this liberty.<note place="margin">S. Augusti<gap reason="illegible" resp="#TECH" extent="1 word">
                                 <desc>〈◊〉</desc>
                              </gap> lib. 2. de peccator. merit. cap. 18. Vide etiam Prosper. lib. 1. de vocat. g<gap reason="illegible" resp="#TECH" extent="2 letters">
                                 <desc>••</desc>
                              </gap>tium cap. 8. &amp; ad capi<g ref="char:EOLhyphen"/>tula Gallor<gap reason="illegible" resp="#TECH" extent="3 letters">
                                 <desc>•••</desc>
                              </gap> Sent. 6. &amp; contra Col<g ref="char:EOLhyphen"/>latorem, cap. <gap reason="illegible" resp="#TECH" extent="2 letters">
                                 <desc>••</desc>
                              </gap>. &amp; carmen d<gap reason="illegible" resp="#TECH" extent="1 letter">
                                 <desc>•</desc>
                              </gap> ingratis capp. 26, 2<gap reason="illegible" resp="#TECH" extent="1 letter">
                                 <desc>•</desc>
                              </gap>. &amp; ult. Vide etiam &amp; Fulgent. lib. de incarnat. &amp; gratiâ Christi. cap. 20. Gregorii lib. 18. moral cap. 21. &amp; lib. 33. cap. 25. &amp; V. B<gap reason="illegible" resp="#TECH" extent="3 letters">
                                 <desc>•••</desc>
                              </gap>m in Gen. 4. super verbis Do<g ref="char:EOLhyphen"/>mini ad Cain. Sed super omnes videa<g ref="char:EOLhyphen"/>tur <gap reason="illegible" resp="#TECH" extent="1 word">
                                 <desc>〈◊〉</desc>
                              </gap>. Bernardi liber de gratia &amp; li<g ref="char:EOLhyphen"/>ber<gap reason="illegible" resp="#TECH" extent="1 letter">
                                 <desc>•</desc>
                              </gap> arbitrio: vide eundem serm. 81. in Canti<gap reason="illegible" resp="#TECH" extent="1 letter">
                                 <desc>•</desc>
                              </gap>a.</note> 
                           <hi>Ipsa ratio quemlibet nostrum quaerentem vehe<g ref="char:EOLhyphen"/>menter
angustat, ne sic defendamus gratiam ut liberum ar<g ref="char:EOLhyphen"/>bitrium
auferre videamur: rursus nec liberum sic asseramus
arbitrium, ut superbâ impietate ingrati Dei gratiae judice<g ref="char:EOLhyphen"/>mur.</hi>
It is very easy to reconcile God's grace with our li<g ref="char:EOLhyphen"/>berty,
because by this grace it is that we have this liberty.
For no man can chuse what he does not know, and no man
can love that which hath in it no amability. Now because
we have all notices spiritual and the arguments of invita<g ref="char:EOLhyphen"/>tion
to obedience in duties Evangelical from revelation
and the grace of God, therefore to this we owe the liber<g ref="char:EOLhyphen"/>ty
of our will, that is, a power to chuse spiritual things. <hi>Grace and truth
come by Jesus Christ,</hi> and liberty of will comes from him; for <hi>if the Son
makes us free, then are we free indeed:</hi> but this is not by giving us new fa<g ref="char:EOLhyphen"/>culties,
but new strengths and new instruments to these faculties we have
already. But let it be this way or any other, we cannot work till we have
powers to work, and we cannot chuse till we have liberty, and we cannot
be under a law, and promises and threatnings, if we cannot chuse: and there<g ref="char:EOLhyphen"/>fore
it matters not as to our present inquiry, the explication and manner of
speaking of which school of learning we or any man shall please to follow:
this onely we are to rely upon, that the man cannot be a good man, if he
doe not chuse the good and decline the evil; and there is no such thing as
<pb n="442" facs="tcp:58903:532"/>
                           <hi>Conscience,</hi> and there is no need of it, and no use (except it be merely to
torment us,) unlesse it be to guide us into the choice of good, and to deterre
us from doing evil.</p>
                        <p>But lastly,<note place="margin">7.</note> It will yet be sufficient to the verification of this Rule, that
whether we affirm or deny the <hi>liberty of the will,</hi> yet that there be in every
action good or bad <hi>the action of the will;</hi> and if that be not necessary to be
admitted as the cause of morality, then he that kills a man against his will
is as bad as he that did it with his will, and he that receives the holy Sa<g ref="char:EOLhyphen"/>crament
by constraint does as well as he that chuses it, and to confesse
Christ against our Conscience is as good as if we confesse him according
to it: for when the material actions are the same, there is nothing can distin<g ref="char:EOLhyphen"/>guish
the men that doe them, but something within that can doe this, or let
it alone. Now because a good understanding, and a good fancy, and a great
reason, and a great resolution, and a strong heart, and a healthfull body may
be in a reprobate or vitious person, but a good will and the choice of ver<g ref="char:EOLhyphen"/>tue
is onely in a good man, it follows that all morality depends on the
action of the will; and therefore that all other faculties are natural and ne<g ref="char:EOLhyphen"/>cessary
and obedient, this onely is the Empresse, and is free, and Mistresse
of the action.</p>
                        <p>And yet beyond this heap of things,<note place="margin">8.</note> there is another reason why a
man can be good or bad onely by the act of his will, and not of any other
faculty, because the act of the will produces material and permanent events;
it is <hi>acquisitive</hi> and <hi>effective,</hi> or <hi>recusative</hi> and <hi>destructive,</hi> otherwise then
it is in any other faculties. For the other faculties are like the eye and ear,
they can see or hear foul things and be never the worse, and good things
and be never the better: but the will of a man is like the hand and the
mouth and the belly, if they touch foul things they are defiled, and if they
eat poison they die; so is the will of man, it becomes all one with it's ob<g ref="char:EOLhyphen"/>ject.
For it works onely by love or hatred, and therefore changes by the
variety of the object it entertains. He that loves a lie is a liar; but he that
onely understands it, is never the worse. <hi>Facti sunt abominabiles sicut
ea quae dilexerunt,</hi>
                           <note place="margin">Hose. 9. 10.</note> saith the Prophet, <hi>They are made abominable according
as they loved; [as the things are which they loved]</hi> so the Vulgar Latin: and
so it is in good things,<note place="margin">1 Cor. 6. 17.</note> 
                           <gap reason="foreign">
                              <desc>〈 in non-Latin alphabet 〉</desc>
                           </gap>, <hi>He that is joyn'd
to the Lord is one spirit:</hi> love makes the faculty like to the object, and
therefore as the object of the will is, whose action is love, so is the man
good or bad accordingly.</p>
                        <p>Now this is not so to be understood as if the actions of other faculties
could not be sins;<note place="margin">9.</note> for a sin may be in the memory, in the fancy, in the un<g ref="char:EOLhyphen"/>derstanding,
in the eye, and in the members of the body: but then in these
is onely the material part of the sin; if the actions subjected in them be in<g ref="char:EOLhyphen"/>voluntary
they are not criminal, they may be <hi>irregular,</hi> but not <hi>sinfull;</hi> one<g ref="char:EOLhyphen"/>ly
as the will commands them and they obey, so they are to stand or fall in
judgment. For so ignorance is a sin when it is voluntary. <hi>Qui dixerunt
Deo,</hi>
                           <note place="margin">Job 21. Psal. 35.</note> 
                           <hi>Recede à nobis; scientiam viarum tuarum nolumus.</hi> The wicked say
unto God, We will not understand thy ways. So the <hi>Psalmist</hi> complains,
<hi>Noluit intelligere ut bene ageret, He refused understanding.</hi> Now since in
all the faculties the will of man hath a dominion, and is the cause of all
moral actions, from thence they have their estimate, and are acquitted or
<pb n="443" facs="tcp:58903:532"/>
condemned accordingly; according to that of S. <hi>Bernard, Nihil ardet in
inferno nisi propria voluntas,</hi> Nothing makes fuel for the flames of hell,
but the will of man, and evil actions that are voluntary and chosen.</p>
                        <p>The consequent of this discourse in order to Conscience is,<note place="margin">10.</note> that no man
loose his peace concerning the controverted articles and disputes of Chri<g ref="char:EOLhyphen"/>stendome.
If he inquires after truth earnestly as after things of great con<g ref="char:EOLhyphen"/>cernment;
if he prays to God to assist, and uses those means which are in
his hand and are his best for the finding it; if he be indifferent to any pro<g ref="char:EOLhyphen"/>position,
and loves it not for any consideration but because he thinks it
true; if he will quit any interest rather then loose a truth; if he dares own
what he hath found and believ'd; and if he loves it so much the more by
how much he believes it more conducing to piety and the honour of God,
he hath done what a good and a wise man should doe; he needs not regard
what any man threatens, nor fear God's anger when a man of another sect
threatens him with damnation: for he that heartily endeavours to please
God, and searches what his will is that he may obey it, certainly loves God;
and nothing that loves God can perish.</p>
                        <p>2. It follows also from hence that no unavoidable calamity,<note place="margin">11.</note> no being
born of evil parents, no being born from illegitimate embraces, no un<g ref="char:EOLhyphen"/>just
sentences of men can irreconcile us to God, or prejudice our Eter<g ref="char:EOLhyphen"/>nal
interest. God will judge us according to <hi>our</hi> works, not according to
<hi>his,</hi> or any mans else, or by any measures but by his own law and our obe<g ref="char:EOLhyphen"/>dience.</p>
                        <p>3. Let no man think that either God will,<note place="margin">12.</note> or that the Devil can make
us sin. God loves not sin, or that we should die; and therefore will not di<g ref="char:EOLhyphen"/>vide
his own kingdome, or set up that by his <hi>effective power</hi> which by his
<hi>legislative</hi> and his <hi>persuasive,</hi> and his <hi>natural</hi> and <hi>eternal,</hi> he intends to de<g ref="char:EOLhyphen"/>stroy.
And as for the Devil, he can tempt indeed, but unlesse we please, he
cannot prevail; it is our consent and willingnesse that makes him conque<g ref="char:EOLhyphen"/>ror.
And if we be really persuaded of these plain and evident truths,
there is a plain way made to encourage our industry, to actuate our caution,
to glorify God, to <hi>work out our salvation with fear and trembling,</hi> to <hi>walk
humbly with our God,</hi> to devest our selves of all excuses, to lay the burden
where it ought; that is, to walk in the right way, in the way of duty and
the paths of the Divine commandements, without tempting our selves, or
being fool'd and cosen'd out of our duty, or hindring our repentance and hu<g ref="char:EOLhyphen"/>miliation,
if we have done amisse.</p>
                        <p>These are the material events,<note place="margin">13.</note> and that proper usefulnesse of this
proposition which can doe benefit to us in the conduct of Conscience.
Our own will and choice is all that upon which we are to make judge<g ref="char:EOLhyphen"/>ment
of our actions. For the further declaration of which we are to in<g ref="char:EOLhyphen"/>quire
into divers particulars, in order to the institution and regulating of
Conscience.</p>
                        <div n="1" type="question">
                           <pb n="444" facs="tcp:58903:533"/>
                           <head>Question I.</head>
                           <p>
                              <hi>Whether every action of our life ought to be directed by a right conscience,
or a well-persuaded will: or, Are not some actions not onely in their whole kind,
but in their circumstances and limitations also, merely indifferent?</hi>
                           </p>
                           <p>To this I answer,<note place="margin">14.</note> that <hi>actions, if they be considered in their Physical or
natural capacity,</hi> are all <hi>negatively indifferent;</hi> that is, neither good nor
bad: the going into a house, the entring into a field, the striking of a blow,
the act of generation, eating or drinking, as they are taken in their natural
capacity, are not moral actions, that is, by all that they are in nature are
nothing at all in manners: even homicide it self and adultery, in their na<g ref="char:EOLhyphen"/>tural
capacity, differ nothing from justice and the permissions of marriage;
and the giving of almes is no better <hi>naturally</hi> then giving money to <hi>Mer<g ref="char:EOLhyphen"/>cury,</hi>
or to an Image.</p>
                           <p>2. <hi>Omissions of acts are oftentimes indifferent,</hi>
                              <note place="margin">15.</note> even always when the
omission is not of a thing commanded or morally good from some law, or
sufficient principle of morality, as perfection, counsel, praise and fame,
worthinesse and charity. The reason is, because omissions may come in
upon a dead stock, and proceed from a negative principle, from sleep and
forgetfulnesse, from a lethargy or dulnesse, from differing businesse and
divertisements. And that which is nothing can produce nothing, and nei<g ref="char:EOLhyphen"/>ther
good nor evil can come from that which is not; they both must have a
positive cause, if they have in them any morality. Even not to commit
adultery is not commendable, unlesse that omission be chosen. * And this
is very remarkable in order to Conscience. For the whole duty of man
consists in eschewing evil and doing good: but to will and to chuse good is
so necessary, and if we can, to doe it is so requir'd of us, that the very
avoiding evil is exacted in that manner, that unlesse it be a doing good, it is
a doing nothing at all, it is good for nothing, it will goe for nothing. To
eschew evil is a labour and a mighty work, it is a running from temptation,
a shutting the doors against it, a praying against it, it is a flying from it when
we can, and a resisting of it when we cannot. A porter cannot be said to
eschew ambition, nor does he doe well by not commencing of a proud
warre, when he can think of nothing but how to fill his belly by breaking
of his back; and the poor shepherd shall never be thank'd for not contend<g ref="char:EOLhyphen"/>ing
for the Arch-bishopric of <hi>Toledo,</hi> or not fighting against his Prince,
when nothing enters into his armory but his bottle and his hook, and no<g ref="char:EOLhyphen"/>thing
into his head, but that his sheep may wander in wholesome and plea<g ref="char:EOLhyphen"/>sant
pastures, and his lambs be free from dogs and foxes. A mere negative
does nothing in God's service. The avoiding evil is neither good nor bad,
unlesse it be by a positive act, unlesse the will be in it: and indeed as things
are order'd it is many times harder to decline evil then to doe good; and
therefore the eschewing evil is a contention and a warre, it is a heap of severe
actions, a state of mortification, it is a resisting of temptations. For he
that was never tempted may be <hi>innocent;</hi> but he is not <hi>vertuous,</hi> and shall
have no reward.</p>
                           <p>* This is to be understood to be true in all cases; unlesse his not acting
a sin, and his not being tempted now, be the effect of a long prayer, and a
<pb n="445" facs="tcp:58903:533"/>
former contention; and that either the temptation by his preceding piety
be turn'd aside, or made impotent by mortification, or by his chosen and be<g ref="char:EOLhyphen"/>loved
state of life be made impossible; that is, unlesse by the arts of the
spirit he hath made it vain, or by his frequent victories he hath made the
Devil flee away, and so bought his peace at the price of a mighty warre,
and his rest at the charge of a pertinacious labour. In all these cases the
omission is negative as to the present state of things; and yet it is vertuous,
because it had a positive and a vertuous cause, which now it may be lies
still, because it hath produc'd a permanent and perpetual effect.</p>
                           <p>And upon this account we also can hope for the reward even of those
graces which we never exercise.<note place="margin">16.</note> The Prince that refuses the offer of a
crown or the possibilities of Empire because they doe not belong to him,
shall certainly have a great reward, because upon the noblest account he
avoids a very great evil. But the poor herdsman that dwells upon his own
acre, and feeds his little yokes and couples of sheep on high ways and moun<g ref="char:EOLhyphen"/>tains,
and looks not ambitiously on his neighbours farm, nor covets the
next cottage, which yet he likes well, and thinks it excellent because it hath
a chimny, nor would doe an act of falshood to get his own tenement rent<g ref="char:EOLhyphen"/>free,
this man shall have a reward in proportion great as that just Prince
who refuses to oppresse his brother when his state is broken by rebellion
and disadvantages. For there is no vertue but may be lov'd and courted,
delighted in and commended in every state and circumstance of life: and
though it be not exercis'd in noble temptations and trials proper to the
most excellent and remarked persons; yet the very images and little records
of trial may expresse a love and choice which may be equal to that which
is prosperous by the greatest exercise and indication. For there are little
envies &amp; ambitions even in cottages, and therefore there may be the choice
and volition of humility and peacefull thoughts and acts of charity: and
there may be unchastity even in marriage; and therefore though the conten<g ref="char:EOLhyphen"/>tion
is easier, and the temptations but inconsiderable, yet they also when
they are immur'd by their Sacramental defensatives and securities may de<g ref="char:EOLhyphen"/>light
in chastity, and therefore rejoyce in that state because it secures them
from uncleanenesse; and therefore for this love, and act of choice, even for
delighting in that safety, may find a reward of chastity: and there may be
covetousnesse amongst them that are full of plenty, and therefore even the
richest person can be imployed in securing the grace of contentednesse,
though he have but little temptation to the contrary. * Indeed if a begger
were tempted with the offer of 20000, the temptation would be too big
for him, if he understood the summe; and possibly if he be a vertuous man,
and would not be tempted to tell a lie for 20<hi rend="sup">s</hi>, or for one of his own possi<g ref="char:EOLhyphen"/>ble
and likely summes, yet for so vast a heap of gold bigger then his
thoughts, he might be put beyond his vertue. But therefore God in his
goodnesse to mankind does seldome permit such trials and unequal hazards,
and to our not being so tempted (without disparagement to our vertue and
our choice) we may well confesse we owe our innocence. But because God
suffers our temptations to be by accidents happening in our own condition,
and we are commonly tried by that which is before us, or next above us;
every one can either exercise or chuse the worthinesse of every grace, and
may hope for the reward of the whole vertue by resisting the most incon<g ref="char:EOLhyphen"/>siderable
temptation to it's contrary, if in case he have no bigger, he equal<g ref="char:EOLhyphen"/>ly
chuses the vertue and rejoyces in his innocence. And he that does resist,
<pb n="446" facs="tcp:58903:534"/>
or by any means expedite himself from his own temptation, shall be re<g ref="char:EOLhyphen"/>warded
equally to him, to whom the greatest is but his next best. * For
our vertue is not to be estimated by the instance, but the willingnesse and
the courage, the readinesse of mind and alacrity of choice, by the proportion
of the man and the methods of his labour, the resolution of the will, and
the preparation of the heart; and we must account our omissions or
eschewings of evil to be vertuous, by what we have done against it, by our
prayer and our watchfulnesse, our fear and caution, not by an unactive life,
and a dull peace, and a negative omission: for <hi>he does not eschew evil that does
not doe evil, but he that will not doe it.</hi>
                           </p>
                           <p>3. <hi>All acts that passe without any consent of the will are indifferent;</hi>
                              <note place="margin">17.</note>
that is, they are natural, or unavoidable, or the productions of fancy, or
some other unchusing faculty, or they are the first motions of a passion, or
the emotions of some exterior violence; as the sudden motion of an eye,
the head or heart, the hands or feet. Now that these are as indifferent as
to grow, or to yawn, to cough or to sneeze, appears because they are of the
same nature, and partake equally of the same reason. But these instances
can be made to differ. For those which are so natural that the whole ef<g ref="char:EOLhyphen"/>fect
also is natural, and cannot passe on to morality or be subject to a com<g ref="char:EOLhyphen"/>mand,
are always indifferent in their whole kind, and in all their degrees
and in all their circumstances. Thus to grow taller, to digest meat, to
wink with the eye in the face of the Sun, are not capable of morality. But
those things which are at first onely natural, and afterwards are nurs'd by
the will and discourse, they are onely at first indifferent, because they then
onely are unavoidable. To look upon a woman is no sin, if she suddenly
comes into our presence, though every such look by reason of the mans
weaknesse were a temptation: for at first there was no time to deliberate,
and therefore we could not be bound not to look, and if we had not seen
her, it had not been good at all, nor evil. But to look upon her so long
till we lust after her, to look upon her but to the entertainment of any fa<g ref="char:EOLhyphen"/>culty
that ministers to lust, to observe that which is precious in her but so
long that the will doe consent to that which is, or is likely to be vile, that
corrupts the manners and prevaricates the law.</p>
                           <p>4. <hi>No action of the will is indifferent,</hi>
                              <note place="margin">18.</note> but is either lawfull or unlawfull,
and therefore good or bad. For although there is in many actions that
which the School calls <hi>indifferentiam secundum speciem, an indifference in
the kind</hi> of action, or in respect of the object; yet when such actions come
under deliberation and to be invested with circumstances, they cannot be
consider'd at all, but that first they must be understood to be lawfull or
unlawfull; for that very objective or specific indifference supposes the action
lawfull: and he that does a thing though but with that deliberation and
precaution, does doe well, unlesse there be something else also to be consi<g ref="char:EOLhyphen"/>der'd,
and then it may be he does better, or it may be ill; but when it is
come as far as to be chosen and considered, it must be good or bad. For
whatsoever that is about which we deliberate, we doe it for a reason that to
us cannot seem indifferent; it is for an innocent and a good end, for good
to our selves or others: and nothing can come under the consideration of
being an end of humane actions, but is directed by the words or by the
reason, by the designe or the proportion of some law. For even our profit
or our pleasure are to be conducted by the measures of the spirit: and there
<pb n="447" facs="tcp:58903:534"/>
is nothing else besides <hi>profit</hi> and <hi>pleasure</hi> that is good, or can become the
end of an action, excepting onely what is <hi>honest:</hi> and therefore every thing
that is good or can be the reason of an action is under a law, and conse<g ref="char:EOLhyphen"/>quently
cannot be indifferent, according to the doctrine of S. <hi>Austin,
Quanquam voluntas,</hi>
                              <note place="margin">de Peccator. merit. &amp; remiss. c. 18.</note> 
                              <hi>mirum, si potest in medio quodam ita consistere, ut nec
bona nec mala sit: aut enim justitiam diligimus, &amp; bona est, &amp; si magis dili<g ref="char:EOLhyphen"/>gimus,
magis bona, si minus, minus bona; aut si omnino non diligimus, non
bona est. Quis vero dubitet dicere voluntatem nullo modo justitiam diligen<g ref="char:EOLhyphen"/>tem
non modo esse malam, sed pessimam voluntatem? Ergo voluntas aut bo<g ref="char:EOLhyphen"/>na
est aut mala,</hi> &amp;c. Whatsoever we doe, we doe it for a good end or an
evil; for if we doe it for no end, we doe not work like men: and according
as the reason is which moves the action so is the will, either good or bad:
for though vertue oftentimes is in the midst between two evils; yet the will
of man is never so in the middle as to be between good and evil; for every
thing that can move the will is good, or it seems so, and accordingly so is
the will.</p>
                           <p>Indeed every action we doe is not in an immediate order to Eternal
blessing or infelicity;<note place="margin">19.</note> but yet mediately and by consequence, and in the
whole disposition of affairs it addes great moments to it. <hi>Bonum est con<g ref="char:EOLhyphen"/>tinentia,
malum est luxuria; inter utrumque indifferens, ambulare, capitis na<g ref="char:EOLhyphen"/>ribus
purgamenta projicere, sputis rheumata jacere. Hoc nec bonum, nec ma<g ref="char:EOLhyphen"/>lum:
sive enim feceris, sive non, nec justitiam habebis nec injustitiam,</hi> said
S. <hi>Hierom.</hi>
                              <note place="margin">Epist. 11. ad Augustin.</note> 
                              <hi>Continence is good, and luxury is evil; but between these it is in<g ref="char:EOLhyphen"/>different
to walk, to blow the nose, to spit. These things are neither good
nor bad, for whether you doe them or doe them not, you are by them neither
just nor unjust.</hi> For besides that S. <hi>Hierom</hi> instances in things of a specific
and objective indifference, of which I have already spoken, that which he
saies is true in respect of the supernatural end of man, to which these things
(concerning which oftentimes we doe not deliberate at all, and even then
when we doe deliberate, they) operate but little. But because the instan<g ref="char:EOLhyphen"/>ces
are in natural things, where the will hath very little to doe, we shall best
understand this proposition by the instance of S. <hi>Gregory;</hi>
                              <note place="margin">homil. 27. in Evang.</note> 
                              <hi>Nonnulli dili<g ref="char:EOLhyphen"/>gunt
proximos, sed per affectionem cognationis &amp; carnis, quibus in hac dile<g ref="char:EOLhyphen"/>ctione
sacra eloquia non contradicunt.</hi> Our natural love to our kindred is a
thing so indifferent, not in it's own nature, but of so little concern to eter<g ref="char:EOLhyphen"/>nity
if it be onely upon the stock of Nature, that all that can be said of it
is, that the Scripture doe not forbid it. That is, whatsoever is natural is
not considerable in morality. But because this which first enters by nature
is commanded by God, and can be confirm'd and improv'd by the will,
therefore it can become spiritual: but <hi>that which is natural is first, and then
that which is spiritual:</hi> so that although at the first and when it is onely the
product of nature, it is but a disposition and a facility towards a spiritual
or moral duty; yet as soon as ever the will handles it, it puts on it's upper
garment of morality, and may come to be invested with a robe of glory.
And this was very well discours'd of by the Author of the <gap reason="foreign">
                                 <desc>〈 in non-Latin alphabet 〉</desc>
                              </gap> in
S. <hi>Austin;</hi>
                              <note place="margin">tom. 7. l. 3.</note> 
                              <hi>Esse fatemur liberum arbitrium omnibus hominibus, habens qui<g ref="char:EOLhyphen"/>dem
judicium rationis, non per quod sit idoneum quae ad Deum pertinent
sine Deo aut inchoare, aut certè peragere, sed tantum in operibus vitae praesen<g ref="char:EOLhyphen"/>tis,
tam bonis quam etiam malis. Bonis dico quae de bono naturae oriuntur, id
est, velle laborare in agro, velle manducare &amp; bibere, In things pertaining to
God we cannot begin, or at least we cannot finish any thing without God and
<pb n="448" facs="tcp:58903:535"/>
his grace. But in the things of this life we have a free choice, whether the
things be good or evil. For those I call good which doe natural good, as to be
willing to work in the field, to will to eat or to drink.</hi> Now even these things
are always good or bad when they are once chosen by the will, and to these
very things the Divine grace does give assistance. So the same author,
<hi>Velle quicquid bonum ad praesentem pertinet vitam, non sine Divino guber<g ref="char:EOLhyphen"/>naculo
subsistunt,</hi> A man cannot chuse well even in things belonging to
this life, without the Divine assistance. And therefore in things of great
concernment we pray to God to conduct and direct our choice. And since
the order and perfection of every creature is to doe actions agreeable to the
end and perfection of his nature, it is a pursuance of the end of God and of
his own felicity. Although to doe so is not vertue in beasts, because they are
directed by an external principle, and themselves chuse it not; yet in men
it is vertue, and it is obedience: and although it is natural to doe so, and it is
unnatural to doe otherwise; yet because it is also chosen in many instances,
in them it is a vertue or a vice respectively: and though it be no eminent
vertue to doe so, yet it is a prodigious sin to doe otherwise; for sins against
nature are ordinarily and in most instances the worst; which does demon<g ref="char:EOLhyphen"/>strate,
that even things of nature and the actions of our prime appetites,
when they can be consider'd and chosen, never can be indifferent; and for
other things which are not of nature, there is lesse question. Thus to
walk, to eat, to drink, to rest, to take physic for the procuring health, or
the ease of our labours, or any end of charity to our selves or others, to
talk, to tell stories, or any other thing that is good or can minister good to
nature or society is good, not onely naturally, but morally, and may also
be spiritually so: for it being a duty to God to preserve our selves, and
against a commandement to destroy our selves; it being a duty to be affable
and courteous in our deportment, to be gentle and kind and charitable; it
being charity to make our own lives and the lives of others pleasant, and
their condition not onely tolerable but eligible; there is no peradventure
but every thing of our lives can be good or bad, because if it can minister
to good or evil ends, it can be chosen for those ends, and therefore must
partake of good or evil accordingly. How these ends are to be considered,
and with what intention and actual or habitual intuition, I am afterwards to
consider: for the present it suffices that upon this account the actions them<g ref="char:EOLhyphen"/>selves
are not indifferent.</p>
                           <p>And this doctrine is to great and severe purposes taught by our Blessed
Saviour,<note place="margin">20.</note> 
                              <hi>Of every idle word that a man shall speak,</hi>
                              <note place="margin">Matth. 12. 36.</note> 
                              <hi>he shall give account in
that day.</hi> It was a known saying among the Jews, <hi>Cavebit vir ne cum uxore
lequatur turpia, quia etiam propter sermonem levem viri cum uxore adduce<g ref="char:EOLhyphen"/>tur
ille in judicium,</hi>
                              <note place="margin">in libr. Timo<g ref="char:EOLhyphen"/>ris.</note> said <hi>Rabbi Jonah;</hi> Even the loosenesse of a mans talk
with his wife shall be brought into judgement: and <hi>Maimonides</hi> said, <hi>Plera<g ref="char:EOLhyphen"/>que
verba sunt otiosa &amp; causam praebent iniquitatis,</hi> Most words are such
which some way or other minister to iniquity, and therefore shall certainly
passe the fiery trial. <gap reason="foreign">
                                 <desc>〈 in non-Latin alphabet 〉</desc>
                              </gap>, so it is in some Greek copies, <hi>every
wicked word:</hi> for an idle word is not indifferent; it may have in it some de<g ref="char:EOLhyphen"/>gree
of wickednesse, and therefore may be fit to be forbidden, and conse<g ref="char:EOLhyphen"/>quently
shall be judged. <hi>Otiosum verbum est quod sine utilitate &amp; loquen<g ref="char:EOLhyphen"/>tis
dicitur &amp; audientis, si omissis seriis de rebus frivolis loquamur, &amp; fabulas
narremus antiquas. Caeterum qui scurrilia explicat, &amp; cachinuis ora dissol<g ref="char:EOLhyphen"/>vit,
&amp; aliquid profert turpitudinis,</hi>
                              <note place="margin">In comment ad hunc locum.</note> 
                              <hi>hic non otiosi verbi, sed criminosi tenebi<g ref="char:EOLhyphen"/>tur
<pb n="449" facs="tcp:58903:535"/>
reus,</hi> said S. <hi>Hierom,</hi> That which neither profits him that speaks nor
him that hears, is an idle word; any thing that is not serious, but frivolous
and like an old tale. But if it be dissolute or wanton, it is not idle but criminal.
S. <hi>Chrysostome</hi> expounds the words to the same purpose, calling that an idle
word, which is spoken without just inducement in some kind or order of
good things,<note place="margin">in Regul, bre<g ref="char:EOLhyphen"/>vior. resp. ad interr. 23.</note> and that which is mixt with lying or slander. <hi>Omne verbum
quod non conducit ad propositam in Domino utilitatem vanum &amp; otiosum est,</hi>
said S. <hi>Basil;</hi> That word which is not for edification, that is, that which
does no good at all, must needs be evil: Nay further yet, <hi>Verbum otiosum
est quod, etiamsi bonum sit, ad aedificationem fidei tamen non aptatur. Et si ejus<g ref="char:EOLhyphen"/>modi
verba in celeberrimo illo totius orbis conventu examinabuntur, quid
scurrilibus, &amp; detrahentibus, &amp; obscoenis verbis fiet? That is an idle word,
which although it be good, yet does not tend to the edification of faith: and if
such words as these shall be examin'd in the great assembly of all mankind,
what shall be done to detracting, scurrilous and lascivious talkings?</hi> I suppose,
S. <hi>Basil</hi>'s meaning is that all those propositions which being built upon the
foundation are not fit for the promotion of it, they are not silver or gold,
but a superstructure of wood or hay or stubble: even these and those shall
be examin'd in the eternal scrutiny; nothing shall escape there; if it will
not endure the fire, it shall be consumed. For if the action here have
any material end, it shall hereafter have a material reward: if it have no
end, yet the man that did it was sent hither to a better end then to doe
foolish and uselesse things. The very doing or speaking that which is
good for nothing, is evil, and shall be discern'd and judged. We see it
even in the judgements of men. <hi>Martial</hi> tells of a good man that had
got a trick to invite his friends to walk, to bath, to eat, to drink with
him, and in all his enterviews he would be perpetually reading of his
verses: one would have thought the thing it self were innocent, if the
question had been ask'd concerning the thing alone; but they that felt the
folly and the tediousnesse of it, were afraid to see him.
<q>Vir probus, justus, innocens timeris.</q>
And <hi>Sidonius</hi> tells of some idle persons,<note place="margin">Epist. 20. lib. 5</note> 
                              <hi>quos execrabilis popularitias agit;
civium maximos manu prensant, éque consessu publico abducunt, ac se<g ref="char:EOLhyphen"/>questratis
oscula impingunt, operam suam spondent, sed non petiti. Ut<g ref="char:EOLhyphen"/>que
videantur in negotii communis assertione legari, evectionem refun<g ref="char:EOLhyphen"/>dunt,
ipsosque sumptus ultro recusant, &amp; ab ambitu clam rogant singu<g ref="char:EOLhyphen"/>los,
ut ab omnibus palam rogentur,</hi> &amp;c. their very civility is trouble<g ref="char:EOLhyphen"/>some,
their idlenesse is hugely busy, and their imployment signifies no<g ref="char:EOLhyphen"/>thing.
<q>
                                 <l>Ardelionum natio, occupata in otio,</l>
                                 <l>Gratis anhelans,<note place="margin">Phaedr. fab. l. 2. 36.</note> multa agendo nihil agens,</l>
                                 <l>Sibi molesta &amp; aliis odiosissima.</l>
                              </q>
They doe nothing, and yet never stand still, and are very troublesome to
themselves and others. Such an idlenesse as this, whether in words or
deeds, if it can be consider'd and observed here, shall not escape a stricter
consideration hereafter. For none of these things in the event of affairs
shall prove to be indifferent.</p>
                           <p>The effect of this question is very great;<note place="margin">21.</note> for it ingages us upon a
strict watchfulnesse over all our words and actions, and to a wise inquiry
when they are done, and scatters that incuriousnesse and inadvertency of
<pb n="450" facs="tcp:58903:536"/>
spirit which seizes upon most men while they doe actions which they consi<g ref="char:EOLhyphen"/>der
not whether they be right or wrong, and supposing actions, many more
then there are, to be <hi>in their whole kind</hi> indifferent, would fain make them
so <hi>in their individual,</hi> and by never disputing the particulars, detain the
action in a neutrality as to the Conscience, never representing it either as
lawfull or unlawfull, much lesse as good and evil. But our actions shall be
judg'd by Gods measures, not by our wilfull and ignorant mistakes. 2. E<g ref="char:EOLhyphen"/>very
thing we doe must twice passe through the Conscience; once when it
is <hi>to be</hi> done, and again when <hi>it is</hi> done: And not onely whatsoever is not
of faith is sin, so that we sin if we are not persuaded it is lawfull; but it be<g ref="char:EOLhyphen"/>comes
a sin, when we are carelesse and consider not at all, either actually
or habitually, either openly or by involution, as it is alone or <gap reason="illegible" resp="#TECH" extent="1 word">
                                 <desc>〈◊〉</desc>
                              </gap> it is in con<g ref="char:EOLhyphen"/>junction
with something else, by direct intuition or consequent deduction,
by expresse notices or by reasonable presumptions, by rule or by fame, by
our own reason or by the reason of others whom we may fairly trust.</p>
                        </div>
                        <div n="2" type="question">
                           <head>Question II.</head>
                           <p>Whether is it necessary for the doing of good that we have an expresse act
of Volition?<note place="margin">22.</note> or is it not sufficient in some cases that we are not unwilling? Is
it not enough that we doe not oppose it? but must we also promote it? <hi>That is,</hi>
Although actions of themselves be not indifferent when they are chosen; may
not the will be allowed to be indifferent to some good things that are laid before
her? and what kind or degrees of indifference to good can be lawfull, and in
what cases?</p>
                           <p>This is not a question of single actions principally,<note place="margin">23.</note> but of states of
<hi>life</hi> and <hi>being<g ref="char:punc">▪</g>
                              </hi> and of single actions onely by consequence and involution in
the whole: But of great usefulnesse in the conduct of Conscience and
making judgements concerning the state of our souls; and it is a great en<g ref="char:EOLhyphen"/>dearment
of the actions, the zeal and forwardnesses of the will and an active
piety. First therefore in general I answer, then more particularly.</p>
                           <p>In the Law of <hi>Moses the righteousnesse</hi> commanded was a designe for
<hi>Innocence,</hi>
                              <note place="margin">24.</note> their great <hi>Religion</hi> was <hi>Rest,</hi> their <hi>Decalogue</hi> was a systeme espe<g ref="char:EOLhyphen"/>cially
of <hi>Negative commandements,</hi> the sanction of the Law was fear and
terror, which affrights all men, but invites none, it makes them afraid, but
never willing; their offices were purifications and cleansings away: but so
little of good was to be done, that God was more carefull that the people
should not commit idolatry, then severe in calling them to admire his beau<g ref="char:EOLhyphen"/>ties;
that they should learn no evil, then that they should learn much good.
Now to this negative state of duty, a will doing nothing, an understanding
not considering, a forgetfulnesse of the question, and a sitting still might in
many cases minister; and then the will is accidentally indifferent, when the
action never stands before it, either as good or evil. But now under the
Gospel we are unclean unlesse we have active purities, and we are covetous
unlesse we despise the world, and we are malicious by interpretation of law,
unlesse we take what opportunities we have of doing good to them that
have us'd us ill, and even to be luke-warm is abominable to God, and our
tongues may sin with silence, and we are to keep holy-days not by rest,
but by religious labour, and we dishonour the holy Name of God not one<g ref="char:EOLhyphen"/>ly
<pb n="451" facs="tcp:58903:536"/>
by cursed swearing, and false oaths, and evil covenants, but if we doe not
doe him honour; if we doe not advance his kingdome we are rebels, if we
doe not set his glory forward we have prophan'd his <hi>holy name that is cal<g ref="char:EOLhyphen"/>led
upon us.</hi>
                           </p>
                           <p>And this is with some mysteriousnesse intimated in the several senses
of those words of Scripture [<hi>Therefore let my Name be called upon them.</hi>
                              <note place="margin">25.</note>]
So <hi>Jacob</hi>'s name was called upon <hi>Rebeccah,</hi>
                              <note place="margin">Gen. 48. 16.</note> and <hi>Uriah</hi>'s name upon <hi>Bathsheba;
Rebecca Jacobi, &amp; Uriae Bathsheba:</hi> and upon <hi>Ephraim</hi> and <hi>Manasseh</hi> when
<hi>Jacob</hi>'s name was called, the purpose was that they should be reckon'd not
as if they had been sons of <hi>Joseph,</hi> but the sons of <hi>Jacob,</hi> having an equal
portion in the divisions of <hi>Israel.</hi> So in the Prophet<note n="*" place="margin">Isai. 4. 1.</note>, <hi>Onely let thy Name
be called upon us,</hi> that is, let us be reckon'd in thy portion, accounted <hi>to be
thy people, thou our Father,</hi> and we <hi>Sons and Daughters unto God.</hi> Now in
these instances of the Old Testament, it signifies honour and privilege,
security of title and advantage of relation, something that on their part
was passive all the way. But in the New Testament we find the same ex<g ref="char:EOLhyphen"/>pression
rendred to such purposes as will signifie something on our parts
also, some emanation of our will and choice, even an active duty. <gap reason="foreign">
                                 <desc>〈 in non-Latin alphabet 〉</desc>
                              </gap>,<note place="margin">James 2. 7.</note>
                              <hi>They blaspheme that holy Name
which is invocated upon you,</hi> that is, they blaspheme the Name of Jesus
Christ which was put upon them in baptisme, by invocation and solemn
sacramental prayer. The Name of Christ was then put upon us in that
manner which teaches us how to wear it for ever after: it was called upon and
so put upon us; it must be called upon, and so worn by us. Here is invoca<g ref="char:EOLhyphen"/>tion
relative to two termes, both active and passive. And since it is evi<g ref="char:EOLhyphen"/>dent
and clear in the Scriptures of the New Testament that <hi>calling on the
Name of the Lord</hi> is us'd for being <hi>Disciples</hi> and <hi>servants of the Lord,</hi> as
appears in those words, <hi>Whosoever shall call on the Name of the Lord shall be
saved,</hi> that is, all that have given up their names to Christ, all that have
taken his Name and live accordingly; it follows that all we who bear the
name of Christians must not be content with the glorious appelation, or
the excellency of the relation, but we must by our holy lives, by our active
obedience, by an operative faith, and a busy love doe honour to Christ,
and glorify that Name by which we are called and made illustrious.</p>
                           <p>And this is rarely well taught us by a proverbial saying used by our
Blessed Lord,<note place="margin">26.</note> 
                              <hi>He that is not with us is against us;</hi>
                              <note place="margin">Matth. 12. 30. Luk<gap reason="illegible" resp="#TECH" extent="1 letter">
                                    <desc>•</desc>
                                 </gap> 11. 23.</note> 
                              <hi>and he that gathereth not,
scattereth abroad:</hi> that is, it is not enough that our will doe not chuse evil,
or oppose it self against God, and his holy laws and sermons. For many
unconverted Gentiles, children and strangers, the luke-warm and the indif<g ref="char:EOLhyphen"/>ferent,
the deaf and the dumbe, the stones of the street and the gold of the
Temple, the starers and the talkers, the Sceptic and the carelesse, these
have a negative indifference of will; they doe not take part against Christ,
but neither doe they fight of his side, and therefore are not <hi>populus volun<g ref="char:EOLhyphen"/>tarius,</hi>
their will and choice is not on Christ's side. But the particulars
are these, which determine the cases of Conscience which can arise from
this inquiry.</p>
                           <p>There are in the Gospels two proverbial sayings,<note place="margin">27.</note> each of them twice
us'd. <hi>He that is not with us is against us</hi>] and,<note n="*" place="margin">Marc. 9. 40. Luke 9. 50.</note> 
                              <hi>He that is not against us is
with us.</hi>] The sayings are of contrary purpose and effect. For as the first
<pb n="452" facs="tcp:58903:537"/>
injoyns us to the labour of love, and an active will, and an effective zeal,
and a religion productive of permanent effects; so the latter seems to be
content with negative measures, to approve of an indifferent will, to allow
a neutrality, and that not onely many single actions, but that a whole state
of life may have a negative indifference and indetermination. Now because
both the propositions must needs be true, they must have distinct measures,
and proper significations. Therefore</p>
                           <p>1. When Christ said,<note place="margin">28.</note> 
                              <hi>He that is not against us is with us,</hi> he meant it
principally of strangers and aliens, persons not admitted into the strictures
of the Covenant Evangelical. For when the Princes of the nations con<g ref="char:EOLhyphen"/>spire
against the Lords Christ, he that refuses to joyn with them, declares
that he will not be Christs enemy; and <hi>est quiddam prodire tenus,</hi> this little
is more then nothing. Thus <hi>Gamaliel</hi> was on Christ's side, when he gave
a gentle counsel in a case of the Apostles, with whom although he did not
joyn, yet because he would not joyn against them, he was so far with them,
that he was not esteem'd an enemy: and it was noted of <hi>Joseph</hi> of <hi>Arima<g ref="char:EOLhyphen"/>thea,</hi>
that he was not consenting to the sentence of the high Priests in put<g ref="char:EOLhyphen"/>ting
our Blessed Lord to death, and therefore he was a good man. His not
doing that evil was a great indication of a friendly mind.</p>
                           <p>2. This is also true in questions of religion of difficult understanding,<note place="margin">29.</note>
and lesse necessary knowledge, or not of immediate concernment to salvati<g ref="char:EOLhyphen"/>on.
He that does not disbelieve the miracles of Christ, he that does not
stop his ears against the voice of Christ, he that does not run after a stran<g ref="char:EOLhyphen"/>gers
voice, <hi>is not far from the kingdome of heaven:</hi> though the man knows
little, yet if he believes nothing against any word of Christ, though many
words of Christ were deliver'd of which he knows nothing, he hath put
his head into the folds of Christ. For in articles of belief which are not
of the foundation, an implicite belief in God and his Christ is sufficient,
when there is no vitious positive cause of the not knowing them explicitely:
and if this were not true, ignorant and unletter'd persons were tied to as
great learning and explicite knowledge as the profoundest Clercs; which
because it is no where commanded, and is very often impossible, and al<g ref="char:EOLhyphen"/>ways
unreasonable to be exacted, it must follow that it will in most cases be
enough for the ideot or unlearned that they doe not oppose what they doe
not understand, but humbly submit themselves to God and their superiors,
by a confident confession of what they understand, and a modest conformi<g ref="char:EOLhyphen"/>ty
to those other articles in which public peace is more concerned then pub<g ref="char:EOLhyphen"/>lic
truth, or their private duty. In this case a negative indifference of the
will by reason of the ignorance of the understanding, that is, a not opposing
what they understand not, and cannot understand, is their security and their
innocence.</p>
                           <p>3. He that is not against Christ is with him,<note place="margin">30.</note> is true in the preparati<g ref="char:EOLhyphen"/>ons
and dispositions to conversion. For he that makes use of a little grace
shall have more; and he that well uses the laws of his country, and keeps the
justice of his nation, and observes the principles of reason, and walks ac<g ref="char:EOLhyphen"/>cording
to the light he hath, though he hath not the broad noon-day of
the Gospel, yet he is so far on Christ's side, that Christ will joyn himself
to his, and draw him nearer, and advance his Nature, and promote his ex<g ref="char:EOLhyphen"/>cellent
dispositions, and by the methods of the spirit bring him to God.
<pb n="453" facs="tcp:58903:537"/>
Upon this stock it was that God sent S. <hi>Peter</hi> to <hi>Cornelius,</hi> and that so many
of the Jewish Proselytes were converted to Christianity, and so many wise
Heathens, who had just and ingenuous souls and liv'd good lives, were
brought into the schools of Christ.</p>
                           <p>4. This is true also in the habits or actions of any one vertue when
it is alone,<note place="margin">31.</note> or when it comes in upon the stock of nature, or education, or
passion, or humane laws. He that does one good act for Christ, though
he doe no more, by that one action declares himself to be no-enemy, and
therefore he shall not loose his reward; though he give but <hi>a cup of cold wa<g ref="char:EOLhyphen"/>ter
to a thirsty disciple,</hi> in that capacity of his being a disciple; nay if it be
but in the consideration of his being thirsty, if it be but by a natural pity
and tendernesse, by the emotions of humanity, by the meltings of a wor<g ref="char:EOLhyphen"/>thy
disposition and of tender bowels: and therefore much more shall every
worthy habit, though it be alone, though entring from a lesse perfect prin<g ref="char:EOLhyphen"/>ciple
then a spiritual and Christian grace. The chastity of <hi>Lucretia,</hi> the
honesty of <hi>Decianus,</hi> the truth of <hi>Rutiius,</hi> the bravery of <hi>Scaevola,</hi> the re<g ref="char:EOLhyphen"/>pentance
of <hi>Ahab,</hi> the humiliation of <hi>Manasses,</hi> the zeal of <hi>Jehu,</hi> the com<g ref="char:EOLhyphen"/>passion
of <hi>Titus</hi> over <hi>Jerusalem,</hi> these things and these persons are consi<g ref="char:EOLhyphen"/>der'd
by God, and have their portion of reward. And he is not wholly
against Christ that does any thing for him: for our Blessed Lord is so gra<g ref="char:EOLhyphen"/>cious,
that no man shall speak a word for him, or relieve any of his servants,
or keep a memorial, but as far as that action goes, according to the pro<g ref="char:EOLhyphen"/>portion
of the choice and the good will, Christ will reckon him to be on
his side, and allot him a portion of his blessing, a yonger Brothers part,
though not the inheritance.</p>
                           <p>5. This is true of those who being secretly convinc'd cannot yet
shake off their prejudices and their pitiable fears,<note place="margin">32.</note> who own Christ in their
hearts, whose faith is weak and their doubts are strong, who fear God hear<g ref="char:EOLhyphen"/>tily,
and yet cannot quite shake off the fear of men; they also are reckon'd
on Christ's side so far, that they are not present and actual enemies, but
actual friends, and but potential professors and Disciples. Thus <hi>Nicodemus</hi>
was on Christ's side by not being against him. He owned as much as he
durst; he spake in behalf of Christ, but profess'd him not; he believ'd in
him, but fear'd the Jews. This was not enough to adopt him into the king<g ref="char:EOLhyphen"/>dome,
but this brought him from the enemies side, like the <hi>Kenites</hi> and the
sons of <hi>Rechab</hi> in the land of <hi>Israel.</hi>
                           </p>
                           <p>6. To be with Christ hath many parts and degrees of progression
and avail.<note place="margin">33.</note> Every man that professes Christ is with him; he that is bap<g ref="char:EOLhyphen"/>tized,
he that is called Christian, he that delights in the name, he that is in
the external communion of the Church is in some sense with Christ, be<g ref="char:EOLhyphen"/>cause
he is not against him. For whoever is a member of the Church,
whosoever retains his baptismal right, he that hath not renounced Chri<g ref="char:EOLhyphen"/>stianity,
lost his faith, defied Christ, or turn'd Apostate, he is still within
the covenant of mercy, within the limits of grace and the power of the
spirit; that is, he hath a right to the privilege and grace of being admitted
to repentance and the consequent grace of pardon: for baptisme is for the
remission of sins, and as long as that is not renounc'd, we have a perpetual
title to remission of sins, the Sacrament as to this purpose being of perpe<g ref="char:EOLhyphen"/>tual
effect. Every such person is yet a member of Christ, though barren
<pb n="454" facs="tcp:58903:538"/>
and unfruitfull: his leaf doth not prosper and his fruit springs not, yet
there is a root remaining. For thus the Gospel is compar'd to a net with
fishes good and bad, to a field of corn and tares. For no man is thrown
from grace and mercy but the open, profess'd, irreconcileable enemies of
Christ, voluntary and malicious Apostates; for they are cut off from the
root, and have no portion in it, as S. <hi>Paul</hi> largely discourses in the <hi>sixth</hi> and
<hi>tenth</hi> Chapters to the <hi>Hebrews.</hi> But those who sin against Christ, &amp; dishonour
and grieve the holy Spirit of Christ, who sin and repent and yet sin and re<g ref="char:EOLhyphen"/>pent
again, being always sorrowful, and always have cause, these men have
hopes, and time, and helps, and arguments, and probabilities of life, which
they could not have but by being members of Christ's mystical body.
They are with Christ in Covenant and desire, in title and adoption, because
they are not against him in profession and voluntary hostility: but they must
goe further, or they die.</p>
                           <p>For all this effects nothing else,<note place="margin">34.</note> but that we are tied to treat such per<g ref="char:EOLhyphen"/>sons
not as enemies but as brethren; it exposes such to be chastis'd and
guided by the rod of Ecclesiastical discipline, but not to be cut off by the
sword of excision and <hi>anathema,</hi> and sentences of despair; it does manifest
the goodnesse of God, the glorious mercies of our Redeemer, his aptnesse
to pardon, his readinesse to receive us, his desires to have us sav'd, his
passion for our felicity, and the presence of his preventing and auxiliary
grace. But this was but the Proverb of strangers and beginners, of infants
and babes in Christ.</p>
                           <p>7. But when we are entred into the Covenant of Grace,<note place="margin">35.</note> when we
have declar'd, when the question is concerning final pardon and the hopes
of glory, then the other Proverb is onely true. It is not enough that we
are not against Christ, but <hi>we must be with him and for him,</hi> earnest and zea<g ref="char:EOLhyphen"/>lous,
passionate and obedient, diligent and true, industrious and inquisitive;
then it is, <hi>He that is not with Christ, is against him.</hi> For it is not enough
that we are in the root, that is, in preparation and disposition, but we must
also bear fruit in the root;<note place="margin">John 15. 1, 2.</note> for so saith our Blessed Saviour, <hi>I am the Vine;
my Father is the Husbandman: Every branch in me that beareth not fruit
shall be cut off.</hi> First they are in Christ as in the vine, before they can bear
fruit; and there he suffers them to be in expectation of fruit; of which if
they fail in their season, they shall be cut off. * For the case between Christ
and the world is as it was between <hi>Caesar</hi> and <hi>Pompey. Pompey</hi> had the pos<g ref="char:EOLhyphen"/>session
and the right: and therefore as <hi>Cicero</hi> in his Oration <hi>pro Ligario</hi>
affirms, <hi>Pompey</hi>'s party acknowledged none but his certain and professed
friends; <hi>adversarios autem putare nisi qui nobiscum essent,</hi> and all to be
against them that were not with them: <hi>Te autem</hi> (saith he to <hi>Caesar) qui con<g ref="char:EOLhyphen"/>tra
te non essent, tuos.</hi> For <hi>Caesar</hi> was but entring upon his new fortune, and
all that he could get to himself, and all that would not assist his enemy, were
his purchase or security. So it is with Christ in the beginnings of our Con<g ref="char:EOLhyphen"/>version;
it is a degree of victory to arrest our thoughts, and our not consent<g ref="char:EOLhyphen"/>ings
to the world and it's fond affections, is an approach and an accession to
Christ. But when our Lord hath gotten the first victories, when he hath
acquir'd possession as well as right to a soul, and hath a title to rule alone,
then the proposition is chang'd. Christ will not be satisfied with neutrality
and an indifferent undetermin'd will, but he will have our love and active
choice, and he will be honour'd by all our services: and then the Christian
<pb n="455" facs="tcp:58903:538"/>
philosophy relies upon these principles: * <hi>He that does not love God is his
enemy; * Not to goe forward is to goe backward;</hi> * Not to doe good is a
doing evil, and luke-warmnesse is an evil state; and * We must not onely
not resist the word of truth, but <hi>we must contend earnestly for it;</hi> and * <hi>We
must confesse with our mouth, what we believe with the heart;</hi> * To be a
Christian is to hurt no man, and to doe good to every man; and * We must
not onely proceed when we are not hindred, but we must take care that we
be not hindred, we must remove every impediment, and pare away that
which is uselesse;<note place="margin">Quintil. l. 8. 6.</note> for <hi>obstat quicquid non adjuvat,</hi> if it does no good, it does
hurt: and when the talent is intrusted to us it must not onely not be spent
riotously,<note place="margin">S. Greg. Homil. 7. in Evang.</note> but it must not be laid up in a napkin. <hi>Pensemus quod lucrum Dei
fecimus nos qui accepto talento ad negotium missi sumus.</hi> Unlesse we gain and
put something to God's heap, we are unprofitable servants.</p>
                           <p>By the proportion of this truth in the state of our life,<note place="margin">36.</note> we are to ac<g ref="char:EOLhyphen"/>count
concerning our single actions; not that every single action must be
effective of a real, discernible event of piety, but that is be fitted to the ge<g ref="char:EOLhyphen"/>neral
designe of a Christians life; nothing of evil, but ministring to good
some way or other, or at least in some good order of things; good for edi<g ref="char:EOLhyphen"/>fication,
or good in charitable society, or good for example, or usefull to
some purpose that is fit to be design'd, and fit to be chosen.</p>
                        </div>
                     </div>
                     <div n="2" type="rule">
                        <head>RULE II. The virtual and interpretative consent of the Will is
imputed to Good or Evil.</head>
                        <p>THis Rule is intended to explicate the Nature of <hi>Social Crimes,</hi>
                           <note place="margin">1.</note> in
which a mans will is deeper then his hand, though the action of the will
is often indirect and collateral, consequent or distant; but if by any means
it hath a portion into the effect, it is intire in the guilt. And this happens
many ways.</p>
                        <p>
                           <hi>1.<note place="margin">2.</note> By Ratihabition and Confirmation.</hi>
                        </p>
                        <p>
                           <hi>In maleficio Ratihabitio mandato comparatur,</hi>
                           <note place="margin">ff. de reg. ju. l. 152.</note> saith the law: To command
another to doe violence is imputed to him that commands it more then him
that does it. So <hi>Ulpian</hi> interpreting the interdict <hi>Unde tu illum vi dejecisti,</hi>
affirms <hi>eum quoque dejicere qui alteri mandavit vel jussit:</hi> and therefore
<hi>Ptolemy</hi> was guilty of the bloud of <hi>Pompey</hi> when he sent <hi>Pothinus</hi> to kill
him,
<q>Hic factum Domino praestitit….</q>
Now because <hi>ratihabition</hi> is by presumption of law esteem'd as a Com<g ref="char:EOLhyphen"/>mandement,
therefore <hi>Ulpian</hi> affirms of both alike, <hi>Dejicit &amp; qui mandat,
&amp; dejicit qui ratum habet.</hi> He that commands, and he that consents after
it is done are equally responsible. Now though the law particularly af<g ref="char:EOLhyphen"/>firms
this onely <hi>In maleficio</hi> in criminal and injurious actions, yet in the
edition of <hi>Holoander</hi> that clause is not inserted; and it is also certain that it
holds and is true in contracts and civil affairs. Thus what a servant or a
<pb n="456" facs="tcp:58903:539"/>
son imployed by his Father or his Master shall contract for, is the Father's
act if he accounts it valid. If the son borrows money in the Father's name,
the Father is the debtor. But in matters Criminal and Civil there is a real
difference as to this particular.</p>
                        <p>For in matters Criminal,<note place="margin">3.</note> ratihabition or approving of the act does
always make the approver guilty. The Jews crucified their Lord and
King: he that saies it was well done, is guilty of that intolerable murder,
and for an ineffective malice and spite, procures to himself a real and effe<g ref="char:EOLhyphen"/>ctive
damnation. But in actions Criminal there is this difference to be ob<g ref="char:EOLhyphen"/>served.
Some actions are done by the lust and appetite of the Criminal
agent onely, as adultery, rape, fornication; and if this be the state of that
affair, that sin is wholly imputed to him that acted it, not to him that ap<g ref="char:EOLhyphen"/>proves
it. He that approves it is indeed guilty of the same kind of sin, be<g ref="char:EOLhyphen"/>cause
he hath applied his will to that which God forbids, and for his lustfull
disposition approv'd and consented to by his will commits a sin like it, but is
not guilty of that. 2. But if such approbation become an incouragement to the
Criminal to doe so again, if it fortifies his heart in sin, or hardens his forehead,
or makes it pleasant, he that approv'd the first is not onely guilty of a sin
like the first, but partakes with the Criminal really in the guilt of the sins
that follow upon that account. 3. But there are other sins which are, as
the law speaks, <hi>ratihabentis nomine gesta,</hi> which are done in anothers Name,
and either <hi>partly</hi> or <hi>wholly</hi> for his interest; and therefore if by him they be
approv'd, the ratihabition is valid to all evil purposes, and is therefore all
one as if the actions were by him commanded for whose interest they were
acted, and by whose will they are approved. And thus it is also in the
former sins which serve the lust of him that acts them, if besides the ser<g ref="char:EOLhyphen"/>ving
of his lust they are designed to serve anothers interest; as if <hi>Titius</hi>
steal <hi>Sempronia</hi> and run away with her, or lie with <hi>Maevia</hi> the daughter of
<hi>Amilius</hi> to doe a spite to the Father for the injury he did to <hi>Tubero,</hi> not
onely <hi>Titius</hi> but <hi>Tubero</hi> is guilty of the crime, if <hi>Tubero</hi> approves what
<hi>Titius</hi> did for his sake.</p>
                        <p>But now if it be inquir'd what real event as to Conscience this nice
distinction without greater difference can have,<note place="margin">4.</note> that in one case he that ap<g ref="char:EOLhyphen"/>proves
the sin is not guilty of the same but another like it, and in the other
cases he is partner of the same fault; I answer, First, in humane laws the
difference of effect is very great. For to approve an act of sin done not
in my name introduces no punishment upon the approver; but if it be done
in my name and for my interest, by a fiction or presumption of law it is sup<g ref="char:EOLhyphen"/>pos'd
I gave command or warranty, and therefore I also shall partake of
the punishment, unlesse by the consideration of other circumstances I be
relieved in equity, and the presumption be found to fail. But in the court
of Conscience the difference depends not upon presumption; but upon
what it is in the truth of the thing, which shall be judged well enough by
him that knows the secret. For whether the crime was done for me or not, I
shall be judg'd according to that influence which I would have upon the
effect. If I will'd it directly and caus'd it to be done knowingly, or by
some causality which I at any time us'd to that purpose, I am liable to all
the evil that can be consequent to that sin: but if I be guilty onely by rati<g ref="char:EOLhyphen"/>habition,
that is, if really I did not command it, or effect it, or cause it to be
effected, but onely rejoyce in it and use it when it is done, then my ratiha<g ref="char:EOLhyphen"/>bition
is ordinarily (though very evil) yet much lesse then the other's action.
<pb n="457" facs="tcp:58903:539"/>
I say ordinarily, that is in all cases where craft and machination, plots and
contrivances, intermedial violences and deceivings, and other evil things
of the retinue of the sin are previous to the crime. For in all these things
he that onely approves the act hath commonly no interest, or care, or no<g ref="char:EOLhyphen"/>tice,
or consideration. If it happens that he considers and approves them
too, then the case is alter'd: but it is not always so. This case will explicate
the Rule. <hi>Ventidius</hi> was married to <hi>Romanella;</hi> but growing rich, and be<g ref="char:EOLhyphen"/>ing
made a <hi>Roman</hi> Knight, grows weary of his first bed-fellow, because he
hopes now to get a richer wife if she were gone. While he tumbled this
often in his head, it hapned that a slave of <hi>Ventidius</hi> upon some trifling oc<g ref="char:EOLhyphen"/>casion,
but in a great passion, flings something at <hi>Romanella,</hi> which caused
her to miscarry, and to die. <hi>Ventidius</hi> observing his good fortune, secretly
puts away his servant that he may escape the hand of justice, and promises
him liberty, making what pretences he found convenient to his purpose.
He went presently to get him a new wife, but was arrested in his designe,
because he was told that he that was guilty of his wives death was to loose
the privilege of a second marriage; but because he confirm'd it and rejoyc'd
in it, it was esteem'd in law as a Commandement. Upon this he takes ad<g ref="char:EOLhyphen"/>vice,
and was told, that though in Conscience he was guilty of murder, be<g ref="char:EOLhyphen"/>cause
he delighted in and approv'd it, yet mere ratihabition in such things
which must be judg'd not by the effect but by the previous machination
and designe, did not produce that punishment of impeding his future mar<g ref="char:EOLhyphen"/>riage.
And there is reason for it; because though <hi>Ventidius</hi> was so base as
to wish his wife dead or kill'd, yet he would not doe it himself, nor procure
it to be done, his covetousnesse had not prevail'd so far with him; and there<g ref="char:EOLhyphen"/>fore
neither ought the punishment goe to the extremity of the law. 2. In
Divine laws and in the direct obligation of Conscience there is this great
difference. If a crime be done in my name, and I approve it, I am not one<g ref="char:EOLhyphen"/>ly
guilty before God of the crime, and liable to an equal share of the punish<g ref="char:EOLhyphen"/>ment
(according to the foregoing measure) but I contract a new necessity of
duty; I am bound to restore the man that sinn'd for my interest to his former
state of justice and integrity as far as I can, by disallowing the act, by dis<g ref="char:EOLhyphen"/>countenancing
it, by professing my own repentance, by inviting him to the
like: which obligation is not at all upon me by a simple and mere ratihabi<g ref="char:EOLhyphen"/>tion
of an act in which I have no interest, and to which I had no previous
concurse, directly, nor by interpretation. This is the state of this question
in relation to matters <hi>Criminal.</hi>
                        </p>
                        <p>But in matters <hi>Civil,</hi>
                           <note place="margin">5.</note> as in contracts, debts, pledges, provisions for
pupils, the law is to determine the whole affair, and to account the ratiha<g ref="char:EOLhyphen"/>bition
at what rate she please, and upon what conditions; and therefore we
are to be determin'd by our own laws in all such inquiries. That which can
be a general measure and relates any way to Conscience is this; Where the
law does require an expresse command <hi>pro forma,</hi> the after-ratification is
of no effect in law, nor conscience, if the law impedes the effect. Thus if
a Minor makes a contract without the consent of his Guardian, though
afterward the Guardian allow it, the contract is invalid: because the law
requir'd in the very form and solennity of the contract that the authority
of the Guardian should be interpos'd; and <hi>ea quae pertinent ad solennitatem
contractus, à contractu dividi non possunt,</hi> say the lawyers; and <hi>ubi forma
actus deficit, corruit actus, l. Julianus.</hi> 9. §. <hi>si quis. ff. ad exhib.</hi> If there be
an essential defect of what is by law requir'd to the validity of the act, the
<pb n="458" facs="tcp:58903:540"/>
act is null and invalid, and therefore is also invalid and effects nothing in
Conscience, unlesse where the law of Nature intervenes; of which I have
already given accounts<note n="*" place="margin">lib. 2. Chap. 1. Rule 5.</note>. Thus also it is in punishments which are not to
be incurred but in cases nam'd in the law, and therefore are not to be im<g ref="char:EOLhyphen"/>pos'd
in cases of presumption or fiction of law, amongst which is this, of
the equivalence of ratihabition to a command.<note place="margin">Vide Petrum Peckium ad c. 10. Ratihabiti<g ref="char:EOLhyphen"/>onem. de regul. jur. in 6<gap reason="illegible" resp="#TECH" extent="1 letter">
                                 <desc>•</desc>
                              </gap>0.</note> If the son marries a wid<g ref="char:EOLhyphen"/>dow
within the year of mourning, he is legally infamous; but so is not the
Father, though he approves it, unlesse he did consent in the beginning; be<g ref="char:EOLhyphen"/>cause
these effects being wholly depending upon positive laws, can have no
other measures but what the laws put upon them. But in the Court of
Conscience the matter is not so easy.</p>
                        <p>But since ratihabition is at the worst but an interpretative command,<note place="margin">6.</note>
and yet is so very bad as to imprint the guilt of the whole action upon him
that so hath influence into the effect by interpretation, it must needs be
that a direct command is more evidently criminal, and in greater degrees;
which I needed not to have observed but in order to a further inquiry, and
that is,</p>
                        <p>
                           <hi>Question.</hi>
                        </p>
                        <p>
                           <hi>Upon whom doth the greater portion of the Guilt lie; upon him that
commands a sin, or him that sins in obedience?</hi>
                        </p>
                        <p>Although the question of degrees may here be usefull to some pur<g ref="char:EOLhyphen"/>poses
of Conscience, yet it is just to condemn them both with a downright
sentence. For so the wise Ape in <hi>Esop</hi> judg'd the question between the
wolf and the fox about a piece of flesh which the fox had stoln from the
village, and the wolf had stoln from the fox, who now complain'd of the
wrong. The judicious ape answer'd,
<q>
                              <l>Tu non vidêris perdidisse quod petis:<note place="margin">Phaedr. fab. 10.</note>
                              </l>
                              <l>Te credo subripuisse quod pulchre negas.</l>
                           </q>
The fox saies he hath lost it, but he lies; and the wolf saies he hath not
stoln it, and he lies too. They were both in the wrong, and it was hard
to say which was the worse. But because although they were equally wick<g ref="char:EOLhyphen"/>ed
in their nature and their manners, yet in this cause there might be some
difference, and in the partners and confederates in a crime some have more
causality then others, though both of them are in a sad condemnation;
therefore</p>
                        <p>To this I answer by a distinction known in the Civil law,<note place="margin">7.</note> of <hi>Manda<g ref="char:EOLhyphen"/>tum</hi>
&amp; <hi>Jussio. Mandatum</hi> is amongst equals, by bidding, incouraging, war<g ref="char:EOLhyphen"/>ranting
and setting on; and in this case, they are both equally guilty, except
what difference can be made by the degrees of confidence and earnestnesse,
and by wit and folly, by the advantage and reputation of the man that bids,
and the weaknesse of him that is bidden. But <hi>Jussio</hi> is from Superior to
Inferior; Father to Son, Master to Servant, Prince to Subjects. In this
case and amongst these persons the efficiency is unequal, and hath it's esti<g ref="char:EOLhyphen"/>mate
from the grandeur and sacrednesse of the authority, and the degree
of the fear which can be the instrument of prevailing and determining.
<pb n="459" facs="tcp:58903:540"/>
And therefore when <hi>Attilius</hi> had spoken gently with <hi>Cracchus ut Patriae
parceret,</hi> seeming to have discover'd his design, <hi>Gracchus</hi> looking terribly
upon him, one of his servants, <hi>non expectato signo, ex solo vultu conjectans
adesse tempus, ratusque initurum se gratiam apud Patronum si primus rem ag<g ref="char:EOLhyphen"/>grederetur,
stricto ferro trajecit Attilium,</hi>
                           <note place="margin">de Bello civill<g ref="char:punc">▪</g> l. 1.</note> saith <hi>Appian, staied neither for com<g ref="char:EOLhyphen"/>mand
nor sign, but supposing by his forwardnesse he should please his Patron,
and guessing by his cruel aspect it would not be displeasing to him, he kills</hi> Atti<g ref="char:EOLhyphen"/>lius
<hi>upon the place.</hi> Now such an influence as this from a superior to an in<g ref="char:EOLhyphen"/>ferior
is so little, that the servant is much more to blame then the Master.
But when <hi>Henry</hi> the second in a rage complain'd that none about him would
rid him of that peevish man, meaning Arch-Bishop <hi>Becket,</hi> it was more
then the frown of <hi>Gracchus,</hi> but yet not so much as to lessen the fault of
the sacrilegious homicides; because there was no violence done to their
choice, but the crime entred upon the account of lust and ambition, and
that was as bad as if it had begun and ended upon the stock of their own
anger or revenge. But when a Prince or a Lord commands his subject to
sin, as <hi>Domitius</hi> the Father of <hi>Nero</hi> commanded his freed man to drink to
drunkennesse, so earnestly that he kill'd him for refusing it, and as <hi>Cambyses</hi>
did to <hi>Praxaspes;</hi> then it is evident that the Prince is so much more guilty
then he that obeys, by how much it is evident that the subject sins with
lesse delight, and a more imperfect choice, and with a will which in it's acti<g ref="char:EOLhyphen"/>ons
suffers diminution: and therefore in such cases servants are very much
excused from punishment in exterior courts, as knowing that such actions
proceed from an excusable principle, from a regardfull <hi>obedience,</hi> and an
undiscerning <hi>subjection;</hi> which because in most things it ought not to dis<g ref="char:EOLhyphen"/>pute,
they not discerning their utmost limit, being born to serve, not to
rule and distinguish by their reason, and besides this, having all their fortune
bound up in their Masters frown or favour, are very much to be pitied if they
obey too much;<note place="margin">Avian. fab.</note> 
                           <hi>etenim quod imperante te servus tuus Faciebat, abs te id esse
factum existimo.</hi> And this the law it self observes in the commands of
some superiors:<note place="margin">l. 167. §. 1. Qui ju<gap reason="illegible" resp="#TECH" extent="2 letters">
                                 <desc>••</desc>
                              </gap>u.</note> 
                           <hi>Qui jussu judicis aliquid facit, non videtur dolo malo fa<g ref="char:EOLhyphen"/>cere,
cui parêre necesse habet;</hi> The command of such a superior whom we
esteem it necessary to obey, exempts our obedience from being Criminal.
And though this of Judges be a particular case,<note place="margin">l. 207. ff. de reg. jur. &amp; Ulpian. lib. 1. ad segem Juliam &amp; Pa<g ref="char:EOLhyphen"/>piam. lib. 3.</note> because <hi>Res judicata pro ve<g ref="char:EOLhyphen"/>ritate
accipitur,</hi> saies the law, they declare law by their sentence and com<g ref="char:EOLhyphen"/>mands;
yet the <hi>Romans</hi> observ'd it in the case of Clients and freed men to
their Patrons, as <hi>Livy</hi> reports it in the case of the freed man of <hi>Appius</hi> the
<hi>Decemvir;</hi> and the old books of Philosophers observ'd it in the obedience
of children to their parents,<note place="margin">lib. 2. c. 7.</note> as <hi>Aulus Gellius</hi> recites out of them.</p>
                        <p>But then this also admits of one distinction more,<note place="margin">8.</note> which the law thus
expresses;<note place="margin">l. 157. §. ad ea quae.</note> 
                           <hi>Ad ea quae non habent atrocitatem sceleris vel facinoris, igno<g ref="char:EOLhyphen"/>scitur
servis, si vel Dominis vel his qui vice Dominorum sunt, velut
Tutoribus &amp; Curatoribus, obtemperaverint,</hi> Servants and inferiors are excus'd
if they transgresse at the command of their superiors in a small matter, but
not in a great. This is observed by the Sages of our Common law. If a
Feme covert doth steal goods by the commandment of her husband (with<g ref="char:EOLhyphen"/>out
other constraint) this hath been holden to be felony in her, saith S<hi rend="sup">r</hi> 
                           <hi>Ri<g ref="char:EOLhyphen"/>chard
Bolton</hi> the L. Chancellor of <hi>Ireland:</hi> and for this he quotes <hi>Bracton,</hi>
and addes this reason out of him; For <hi>licet Uxor obedire debeat viro, in atro<g ref="char:EOLhyphen"/>cioribus
tamen non est ei obediendum,</hi> In great matters, and sins of high nature,
a wife is not to be excus'd for her obedience. But if the husband not onely
<pb n="460" facs="tcp:58903:541"/>
commands, but uses compulsion, then it is so far excus'd, that in the wife
the <hi>theft</hi> is not felony; but <hi>murder</hi> is, because the greatnesse of the horror
in such a fact is sufficient to prevail against the husbands threatnings and
her own fear,<note place="margin">l. 11. is qui in puteum. §. 6. si Tutoris jussu. ff. quod vi a<gap reason="illegible" resp="#TECH" extent="1 letter">
                                 <desc>•</desc>
                              </gap>clam. l. 17. sed si unius. §. si jussu Domini. ff. de injuriis.</note> unlesse there were in her some evil principle. If a servant
defending his lords right doe some injury, he is excus'd in law, but not if
he kills a man; if he speaks a rude word he may be born with, but not if
he steals a horse. And this also hath some proportions of truth in the Court
of Conscience, that if the superior be great, and the command be urgent,
and the instance not very considerable, the fault is by every of these consi<g ref="char:EOLhyphen"/>derations
very much lessen'd, but the man is not totally excus'd; his excuse
is upon the stock of fear or a great temptation: so far as they intervene in
the present case, and so far as they can excuse in any (which I am afterwards
to consider) so far the guilt suffers diminution. But the advice of the son
of <hi>Sirach</hi> is the great rule in this question,<note place="margin">Ecclus. 4. 22.</note> 
                           <hi>Accept no person against thy
soul, and let not the reverence of any man cause thee to fall.</hi>
                        </p>
                        <p>But all this is to be understood of those actions which are Criminal
both in the Commandement and in the obedience,<note place="margin">9.</note> in the sanction and in
the execution, such as are adultery, murder, treason, blasphemy, and all
the prevarications of the natural law, in all moral precepts, the transgres<g ref="char:EOLhyphen"/>sion
of which can by no intention become legitimate. But in the positive
and temporary laws of God which enjoyn no moral, natural rectitude, but
simple and just obedience during the abode of that law, the subject, the
son or the servant if he be commanded by his just superior to an external
ministery in the sin of the superior, if he consents not to the sin, and declares
against it according as he can be requir'd, sins not at all in the obedience.
Thus when <hi>Joab</hi> and the Captains numbred the people against their wills
upon the peremptory command of <hi>David</hi> their King,<note place="margin">2 Sam. 24.</note> they had no part in
the sin, because they explicitely dissented all the way, and the execution and
obedience did not implicitely and by interpretation involve them in it. The
reason is, because the act of numbring the people was of it self innocent,
and made criminal onely by <hi>David</hi>'s circumstances; of which when they
had advertis'd their King, and disclaim'd the malice and irregularity, they
interested themselves in nothing but the material part: which when it can
be separated from the evil heart, as in this it was, and in all the like it
may, the obedience is innocent, though the commandement be impious;
and therefore <hi>David</hi> wholly takes the fault upon himself,
<q>
                              <l>—mea fraus omnis, nihil iste nec ausus,</l>
                              <l>Nec potuit….</l>
                           </q>
                           <hi>I have sinn'd and done wickedly, but what have these sheep done?</hi> * To this
also is to be added, that even in the case of positive precepts our obedience
must be wholly passive, and in no sense active; that is, it must be wholly an
act of obedience, without any promoting or advancing the sin in him that
commands, no way increasing, or incouraging, or confirming the sin or
the sinner.</p>
                        <p>2. Under this head is reduc'd <hi>the praising of an action:</hi> Which if
it be done with a designe to promote it, is first a sin in the approving it se<g ref="char:EOLhyphen"/>cretly,
and is another sin in setting it forward publicly. According to this is
that saying of the <hi>Arabians, Qui laudat obscoenum perpetrat illud,</hi> He
that praises an unclean action is himself an unclean person. And therefore
it was good Counsel,
<q>
                              <pb n="461" facs="tcp:58903:541"/>
Qualem commendes etiam atque etiam aspice…<note place="margin">Horat.</note>
                           </q>
for by our words we shall be judged: but, as <hi>Salust</hi> said of <hi>Caesar</hi> and <hi>Cato,
Alius aliâ viâ,</hi> some one way, and some another get great names. <hi>Cato</hi> was
famous for discountenancing, <hi>Caesar</hi> for being a patron of evil men; but <hi>Ca<g ref="char:EOLhyphen"/>to</hi>
was the better man: and upon this account <hi>Pliny</hi> commends one, <hi>or navit
virtutes, Insectatus est vitia,</hi> he adorned vertues with a fair character, but
reproach'd vitious persons: and he that by praises and dispraises respective<g ref="char:EOLhyphen"/>ly
does not distinguish vertue and vice cannot be a good man.
<q>
                              <l>Ne laudet dignos,<note place="margin">Martial.</note> laudat Callistratus omnes.</l>
                              <l>Cui malus est nemo, quî bonus esse potest?</l>
                           </q>
For in vain doe laws make a distinction between good and bad, if they be
all blended in a common reward. <hi>Malè pereas qui Gratias virgines, mere<g ref="char:EOLhyphen"/>trices
effecisti,</hi> said <hi>Democritus</hi> to one that gave large gifts to all men a<g ref="char:EOLhyphen"/>like.<note place="margin">Serm. 8. de Benef.</note>
Concerning which it was excellently said by <hi>Maximus Tyrius,
Qui largiuntur indignis ea quae dignis conferenda essent, tria prae<g ref="char:EOLhyphen"/>stant
absurda: Nam &amp; ipsi jacturam faciunt, in bonos sunt injuriosi, malos<g ref="char:EOLhyphen"/>que
roborant segete ac materiâ vitiorum suppeditatâ</hi> To give to vice any
of the treatments or rewards of vertue is a treble mischief: The gift or re<g ref="char:EOLhyphen"/>ward
is lost, and injury is done to vertue, and evil men are incouraged in
their evil courses.</p>
                        <p>3. By consent,<note place="margin">10.</note> silent and implicite, we are partakers of the fact of others:
by not contradicting we are sometimes adjudged willing.</p>
                        <p>Of the main part of the proposition there is no doubt, but that a con<g ref="char:EOLhyphen"/>senting
to evil is a sin; a consenting to any action gives it as much authori<g ref="char:EOLhyphen"/>ty,
being and warranty as his consent can effect: but the question here is
what are the signes of consent when it is not express'd, and when the man
that is silent is justly presumed willing. This inquiry is of use in the matter
of presumptive dispensations, and in the participation of good and evil
actions and rewards. But it hath in it but little difficulty.</p>
                        <p>For 1. It is evident that then silence is an implicit consent,<note place="margin">11.</note> when the
superior or the interested person, whose consent can verify the act, and whose
power can easily hinder it, and who is bound to hinder it if it be unlawfull,
does yet hold his peace, and forbids it not. The reason of this is, because
every man is suppos'd to doe his duty, unlesse the contrary be known: and
therefore when a Prince sees his subjects doing what the law forbids, and
which he can easily hinder, it is to be presum'd that he dispenses with them
in that case, because he knows that they will expound his silence to be a li<g ref="char:EOLhyphen"/>cense;
and therefore he also intends it so, so long as he is silent, or else he
does unreasonably, and to no good purpose holds his peace.</p>
                        <p>But this is not true in those things <hi>which to their stabiliment or war<g ref="char:EOLhyphen"/>ranty
require a positive act.</hi>
                           <note place="margin">12.</note> For sometimes a silence is but an indifference
and neutrality,<note place="margin">l. 142. ff. de reg. Jur.</note> according to that of the law, <hi>Qui tacet non utique fatetur,
sed tamen verum est eum non negare;</hi> He that holds his peace neither con<g ref="char:EOLhyphen"/>fesses
nor denies:<note place="margin">c. super eo. de cognat. spiri<g ref="char:EOLhyphen"/>tuali.</note> and in the Canon law, <hi>Id in tua Ecclesia dissimulare po<g ref="char:EOLhyphen"/>teris,
ita quod nec contradicere, nec tuum videaris praestare assensum;</hi> The
Bishop's dissembling or taking no notice in some cases, is expounded nei<g ref="char:EOLhyphen"/>ther
to be a contradiction nor consent: and the glosse <hi>in cap. cum jamdudum
de praeben,</hi> affirms, <hi>Multa per patientiam tolerantur, quae si deducta fuerint
<pb n="462" facs="tcp:58903:542"/>
in judicium, exigente justitiâ non debent tolerari,</hi> Some things are patient<g ref="char:EOLhyphen"/>ly
suffer'd, which if they were publicly complain'd of, ought not to be suf<g ref="char:EOLhyphen"/>fer'd.
But these seeming antinomies are both very reasonable in their own
senses, and therefore are easy to be reconcil'd.</p>
                        <p>For if the act about which the superior is patient be connvi'd at,<note place="margin">13.</note> it is
either because for some reasonable cause he pardons the Criminal; or else
because his patience is necessary and by constraint, he cannot help himself.
For <hi>no silence is esteem'd a ratihabition of a past act:</hi> because when the thing
is done without the leave of the superior, his silence or speaking cannot
alter it, or legitimate the action if it was evil; at the most it does but par<g ref="char:EOLhyphen"/>don
what is past, which is no allowance of any future action of the same
nature. Indeed in the Court of Conscience, such a silence, or not repro<g ref="char:EOLhyphen"/>ving
of a past fault, may be want of duty and discipline, and a criminal o<g ref="char:EOLhyphen"/>mission
of what we are oblig'd to; but hath no legal or natural causality
upon that action which is past, and can be but an accidental cause or occa<g ref="char:EOLhyphen"/>sion
of a future.</p>
                        <p>But then silence is an interpretative consent,<note place="margin">14.</note> when it is 1. a silence <hi>of a
thing observed,</hi> and 2. <hi>at present,</hi> and 3. that <hi>can be hindred:</hi> and then indeed
<hi>in law</hi> it is a great presumption, but not always <hi>in Conscience;</hi> because it
may proceed from <hi>a neglect of duty</hi> that the superior takes no notice of
the action, or from many other causes, as <hi>pusillanimity, just fear,</hi> or <hi>weak<g ref="char:EOLhyphen"/>nesse,</hi>
which because they cannot always be prov'd or observ'd, they may
conclude <hi>legally</hi> from silence to consent or dispensation: yet <hi>the processe of
Conscience</hi> must be upon more wary grounds, and where there is so much
fallibility in the presumption, the conscience must proceed to action upon
more certain accounts, and must strictly follow her rule, or must have grea<g ref="char:EOLhyphen"/>ter
causes to justify her liberty.</p>
                        <p>And therefore though the superior be silent,<note place="margin">15.</note> and does observe the
action, and can hinder me; yet I am not to presume that he dispenses, or
consents, or gives me leave to goe besides the law, unlesse there be in the
state of my affairs a just cause of dispensation, and yet a reasonable cause of
hindring me from asking, or him from expressing his leave; then silence may
be presum'd to be leave, though the cause of dispensation be probable one<g ref="char:EOLhyphen"/>ly,
and not very necessary.</p>
                        <p>In the reducing this to practice three cautions are to be attended.<note place="margin">16.</note>
                        </p>
                        <p>1. When a subject proceeds to action upon the presumption of leave,
or a tacit dispensation, this presumption or supposition must be made use
of before the action be done, not afterwards. For it can never be honest
to doe an act in hope to get leave afterwards; for untill the leave be actually
given or reasonably presum'd, it is prohibited, and consequently unlawfull;
and if a dispensation were afterwards given and obtained, it were nothing
but a pardon, which is so far from making the past action to be innocent,
that it supposes it to be Criminal, for else there were no need of pardon. He
that sins in hope of pardon, fears nothing of the sin but the smart, he thinks
there is no evil but punishment; and therefore hath nothing towards vertue
but the fear. If therefore before the action be undertaken the dispensation
be not presum'd, nothing that comes after can change the action.</p>
                        <p>
                           <pb n="463" facs="tcp:58903:542"/>
2. This presumption is not to be extended beyond that very action
that is done in the presence,<note place="margin">17.</note> or within the notice and observation of the
superior. For although it should be true that he does give tacit consent
or leave to this particular, yet it follows not that therefore he does so to
any or all of the same kind. For that may be just or tolerable once, which
if repeated may be chang'd in circumstances, or become evil example, or
of intolerable effect by the very repetition; or the mind of the superior may
change, or the causes of dispensation may cease: and after all, since this dis<g ref="char:EOLhyphen"/>pensation
wholly depends upon the consent of the superior, and this con<g ref="char:EOLhyphen"/>sent
is then onely justly presum'd when he observes the action and forbids
it not, the presumption is wholly at an end when he does not see it; and
therefore a tacit consent or leave to an observed action can at no hand be
extended to a consent or leave to others that are not observ'd by him.</p>
                        <p>3. If the tacit dispensation be of such nature that it cannot give leave
to a present observed action,<note place="margin">18.</note> but by introducing a faculty, or state, or po<g ref="char:EOLhyphen"/>tentiality
of doing the like, then it is certain that if the present action be
tacitly dispens'd withal or consented to, it may be extended to all of the
like kind; but it is also as certain, that such a tacit consent is not so easily
to be presum'd. The Bishop of <hi>Bitonto</hi> for his exercise was flinging of a
leaden weight, and by chance kill'd his servant who unfortunately cross'd
the way as the lead was irrecoverably passing from his hand, and for this
misfortune in the chance of bloud is made irregular. Afterwards in the
presence of his superior seeing a yong Turk dying who had express'd some
inclinations to Christianity, baptizes him in the instant before his death, and
was observ'd and conniv'd at by his superior, and therefore had a presump<g ref="char:EOLhyphen"/>tive
leave or dispensation for his irregularity. But because this single acti<g ref="char:EOLhyphen"/>on
could not have been dispens'd withall but by taking off his irregularity, it
took away all that which could hinder his future doing his Episcopal office;
and therefore he hath the same presumptive leave for the future actions
which will not be observed, as for the present which was. But then the
first presumption must be very reasonable and sure: for although a proba<g ref="char:EOLhyphen"/>ble
presumption may suffice to conclude for leave in a single present action
whose effects determine with it self; yet if it have influence upon the fu<g ref="char:EOLhyphen"/>ture
(as in the case before cited) it ought to be better consider'd, and more
warily conducted by the superior, and therefore not readiy presumed by the
subject. These are the measures of guessing at a consent by silence. There
is also one way more of implicit or secret consent, viz.</p>
                        <p>2. He does implicitely consent to an action, who consents or com<g ref="char:EOLhyphen"/>mands
any thing to be done,<note place="margin">19.</note> from whence such an action or leave must ne<g ref="char:EOLhyphen"/>cessarily
follow: and the reason is, because he ought not to doe things re<g ref="char:EOLhyphen"/>pugnant
to each other. He that makes it necessary for me to doe a thing,
is the cause of my doing it, as much as if he commanded it. And this is
more then a <hi>tacit consent</hi> or dispensation respectively, for it is a <hi>virtual.</hi>
He that collates the order of Priesthood upon me, intends I should doe
the whole office.<note place="margin">l. quidam. ff. de re judic. &amp; l. Barbarius. ff. de offic. praetor.</note> 
                           <hi>Princeps enim qui illi dignitatem dedit, omnia gerere de<g ref="char:EOLhyphen"/>crevit,</hi>
saith the law. Thus he that dispenses in the irregularity, consents
to all the actions which he does by virtue of the removing that impedi<g ref="char:EOLhyphen"/>ment,
who is so dispens'd with. Which proposition is onely so to be under<g ref="char:EOLhyphen"/>stood,
when there is nothing wanting to the effecting such an action but
the removing that impediment: but it is suppos'd that he that is dispens'd
<pb n="464" facs="tcp:58903:543"/>
with, will use his liberty; and the dispensation if it be at all is directed so,
and is in order to it. But if the superior does an action which is not in
order to an end, neither in order of nature or of intention, but yet it can
be consequent to it, that consequent action is not to be imputed to him who
did something precedent, without which that action could not have been
done. Thus if a Prince pardons a thief, or a friend begs his pardon that
kill'd a man, although he could not have stoln any more without that par<g ref="char:EOLhyphen"/>don,
yet that after-theft or murder is not imputable to him that gave or to
him that beg'd the pardon, unlesse they did it with that very intention; for
the pardon is not in any natural order to any such consequent action, and
therefore without his own actual or design'd conjunction and intuition, can<g ref="char:EOLhyphen"/>not
convey the crime and guiltinesse.</p>
                        <p>
                           <hi>Question.</hi>
                        </p>
                        <p>Upon the occasion of this,<note place="margin">20.</note> it is seasonable to inquire <hi>how far it may be
lawfull, and can be innocent to permit a sin.</hi>
                        </p>
                        <p>The case is this.<note place="margin">See Book 1. Chapt. 5. Rule 8. Numb. 17, 18.</note> 
                           <hi>Pancirone</hi> an <hi>Italian</hi> Gentleman invites a <hi>German</hi>
Embassador to dinner, feasts him nobly, sets before him plenty of delicious
wine, enough to exhilarate him and all his company; but the <hi>German</hi> after
his country fashion thinks it no entertainment unlesse he be drunk. The
question is whether <hi>Pancirone</hi> sins in setting before him so much more as
will fill the utmost capacity of his intemperance. Is it lawfull to suffer
him to be drunk?</p>
                        <p>If this Question had been ask'd in the Primitive Church,<note place="margin">21.</note> the answer
would have been a reproof to the inquirer, as one who no better under<g ref="char:EOLhyphen"/>stood
the laws of sobriety and hospitality, and the measures of the Chri<g ref="char:EOLhyphen"/>stian
feastings. <hi>Posidonius</hi> tells of S. <hi>Austin, Usus est frugali mensa &amp; so<g ref="char:EOLhyphen"/>briâ,
quae quidem inter olera &amp; legumina etiam carnes aliquando propter hospi<g ref="char:EOLhyphen"/>tes
&amp; quosque inferiores continebat. Semper autem vinum habebat, quod ta<g ref="char:EOLhyphen"/>men
moderatissime bibebat, quia noverat &amp; docebat, ut Apostolus dicit, quod
omnis creatura Dei bona sit, &amp; nihil abjiciendum quod cum gratiarum actione
percipitur.</hi> He had that which was good and usefull for himself according
to his own measures, and something better for strangers. He always had
wine, but it was drank very sparingly; because <hi>every creature of God is good,
if it be received with thanksgiving.</hi> But if the guests be permitted to drink
to drunkennesse, who shall say Amen at thy giving of thanks? or how shalt
thou give thanks at the spoiling of the gifts of God? There is no perad<g ref="char:EOLhyphen"/>venture
but as a feast is the enlargement of our ordinary diet, so the enter<g ref="char:EOLhyphen"/>tainment
of guests is a freer use of our liberty, so it be within the limits
and capacities of sobriety. But though the guests meal may be larger then
our ordinary, yet we must secure our own duty more then we can secure
theirs. When the <hi>Greeks</hi> whom <hi>Lucullus</hi> feasted wondred why for their
sakes he should be so large in his expences,<note place="margin">Plutarch. in apoph. Rom.</note> he answer'd, <hi>Nonnihil, O Hospi<g ref="char:EOLhyphen"/>tes,
vestri causâ, sed maxima pars Luculli gratiâ,</hi> Something of this, O Guests,
is for your sakes, but the most of it is for my own magnificence. We should
take care to doe so, that though for our guests we doe something more
then ordinary, yet our greatest care should be for our selves, that we doe
nothing that may misbecome the house of one of Christs servants. Would
<pb n="465" facs="tcp:58903:543"/>
                           <hi>Pancirone</hi> suffer the <hi>German</hi> Embassadour to lie with his women when he
entertains him, and make his chambers a scene of lust? Certainly he would
esteem it infinitely dishonest, if to an honest family he should offer so great
an injury; and why may not his chambers minister to lust, as well as his
dining-room or cellars to beastly drunkennesse? and is it not as honorable
that the family should be accounted sober, as to be esteemed chast? or is not
drunkennesse dishonesty as well as lust? and why may not <hi>Panicrone</hi> as well
bid his servants keep the door to wantonnesse, as hold the chalice to beastly
vomitings? In these things there is no other difference, but that as cloths,
so vices also are in and out of fashion as it happens. He that means to be
a servant of God, must for himself and all his house take care that God be
not there dishonour'd. <hi>I and my house will serve the Lord,</hi> said <hi>Joshuah:</hi>
and when God gave to the <hi>Israelites</hi> the law of the sabbath, he gave it for
themselves and their families and <hi>the strangers within their gates.</hi> * But
so corrupt and degenerous are the manners of Christians, that our feasts
are ministeries of sin, and every guest hath leave to command the house
even when he cannot command himself: but this is not <gap reason="foreign">
                              <desc>〈 in non-Latin alphabet 〉</desc>
                           </gap>,
the Christian sobriety hath other laws. Does any man when he re<g ref="char:EOLhyphen"/>lieves
the poor at his gate give them leave to drink till they be drunk? and
yet what they give to the poor is given for God's sake: but when they mi<g ref="char:EOLhyphen"/>nister
to the rich man within, for whose sake is that excesse given? If <hi>Co<g ref="char:EOLhyphen"/>drus</hi>
askes an almes, we refuse him, if we suppose he will make himself
drunk with it, and we think we are bound to refuse him: &amp; can it be lawfull
to give to a guest within what it is unlawful to give to a guest without? If it
be unlawful, it is certain it is not unavoidable: but if there be difficulty in
declining it to some men, then besides that which is principally intended by
our Blessed Saviour, we see also there is very great reason in those words,
<hi>When thou makest a feast, call not the rich, but call the poor:</hi> These will not
tempt you to make them drunk, it may be the others will. If our Guest
makes himself drunk with the usual provisions which must be indistinctly
ministred at feasts, that cannot be help'd, but by refusing to receive such
persons again to our Table: but he that knowingly and observingly espies
the meeting turn to God's dishonour, and does not put a limit to that sea of
drink, and place a shore and a strand to the inundation, will find that God
is departed from that meeting, and the pleasing of his drunken guests will
not make him recompence for the losse of such an inhabitant. A man must
at no hand consent to his brothers sin: and he that can and ought to hinder
it, and does not, by interpretation does consent. For he that gives a man a
goblet of intemperance, with which he sees him about to drown his soul, is
just as innocent as he that lends him a knife to cut his own throat. But this
is to be understood when the case is evident and notorious; for in the ap<g ref="char:EOLhyphen"/>proaches
and accesses to drunkennesse the matter is lesse then in the lending
of a knife, because it is yet disputable whether he will finish his intempe<g ref="char:EOLhyphen"/>rance:
but if it be plain that drunkennesse is design'd, the case is all one;
and if it be not perfectly design'd, yet as it steals on discernably, so the sin
of him that ministers to the crime increases up to the same proportion of
effect and guiltinesse. Hospitality is one of the kinds of charity: and that
is but an ill welcome which first procures a feaver, and it may be after it an
irrevocable damnation.</p>
                        <p>
                           <pb n="466" facs="tcp:58903:544"/>
3. He that gives Counsel or aid to an action good or evil,<note place="margin">22.</note> consents to
it,<note place="margin">cap. si quis vi<g ref="char:EOLhyphen"/>duam. 50. di<g ref="char:EOLhyphen"/>stinct. c. 2. de cler. pug. in duello. c. sicut dignum <gap reason="illegible" resp="#TECH" extent="1 letter">
                                 <desc>•</desc>
                              </gap>. cle<g ref="char:EOLhyphen"/>ricos. de homici.</note> and it is imputed to him as a product of his will and choice.</p>
                        <p>This is expressely affirm'd by all laws Civil and Canon, and the Muni<g ref="char:EOLhyphen"/>cipal
laws of all those Nations of which I have seen any records concern<g ref="char:EOLhyphen"/>ing
this matter: and the interpreters universally consent, with this <hi>proviso,</hi>
that the counsel be so much cause of the action, that without it it would
not have been done. For if the action would have been done however,
then he that counsels to it is guilty in Conscience always; but unlesse it
be in great crimes, and <hi>in detestationem facti,</hi> it is not always punish'd in
law. But if it were it would be very just, so that a difference were made
in the degree of punishment: For he whose counsel is wholly author of
the fact is guilty of more evil then he who onely addes hardnesse to him
who was resolved upon the crime. But in the Court of Conscience he
stands guilty that gives evil counsel, whether the Criminal would have
done it with or without his counsel: and therefore the laws doe very well
also to punish evil counsellors.
<q>
                              <l>Quam bene dispositum terris,<note place="margin">Claudian. lib. 1. in Eutrop.</note> ut dignus iniqui</l>
                              <l>Fructus consilii primis authoribus instet?</l>
                              <l>Sic multos fluvio Vates arente per annos,</l>
                              <l>Hospite qui caeso monuit placare Tonantem</l>
                              <l>Inventas primùm Busyridis imbuit aras,</l>
                              <l>Et cecidit saevi, quo dixerat, hostia sacri.</l>
                           </q>
So <hi>Claudian.</hi> The evil counsellor is first to feel the evil effect of his own
pernicious counsel; that is, if his counsel persuade to sin, not if it prove in<g ref="char:EOLhyphen"/>fortunate:
not but that even counsel that is given with purpose to doe a mis<g ref="char:EOLhyphen"/>chief
is highly to be punish'd not onely by the degree of the evil effect, but
by the degree of the malice that advis'd it; but that those events which were
not foreseen or design'd cannot be imputed to him that gave the best ad<g ref="char:EOLhyphen"/>vice
he could, but could not help it if he were deceiv'd in his judgment.
But if the counsel be to a sin or an unworthy action, there is no need to ex<g ref="char:EOLhyphen"/>pect
the event to make a judgement of the counsel.</p>
                        <p>The same also is affirm'd in the case of giving aides to an action good
or bad;<note place="margin">23.</note> in which there is no variety, but of degrees onely: for when they
are <gap reason="foreign">
                              <desc>〈 in non-Latin alphabet 〉</desc>
                           </gap> in combination, it is mischief with a witnesse.
<q>Non caret effectu quod voluere duo.</q>
It is an aggravation of the impiety when the zeal of malice is so potent,
that it is greater then the power, and therefore calls in aide to secure the
mischief. But he that so assists, that he is the great effective cause of the
evil which without his aide would not have been done at all, is intirely
guilty.
<q>
                              <l>Sic opifex Tauri,<note place="margin">Claud. ibid.</note> tormentorumque repertor,</l>
                              <l>Qui funesta novo fabricaverat aera dolori,</l>
                              <l>Primus inexpertum Siculo cogente Tyranno</l>
                              <l>Sensit opus, docuitque suum mugire juvencum.</l>
                           </q>
                           <hi>Perillus</hi> invented and made witty instruments of cruelty, to invite <hi>Phalaris</hi>
to a witty mischief; but the Tyrant was just that once, and made him teach
his own brazen bull to roar. * But if the aide doe but facilitate the work,
the assistant is punishable according to the efficacy of his aide, in humane
<pb n="467" facs="tcp:58903:544"/>
laws; but in Conscience he is guilty according to the secret malice of the
principle: and therefore when <hi>Lucius Carpentus</hi> kill'd <hi>Nicanor,</hi> his page
that hated <hi>Nicanor</hi> mortally, and did nothing but thrust his Masters sword
further into his heart, to shew his ill will, though <hi>Carpentus</hi> had sufficiently
kill'd him, was as much a Murderer as his Master was. In humane laws
there is great difference in these things.</p>
                        <p>1. For if many by joyn'd counsel set upon a man and kill him toge<g ref="char:EOLhyphen"/>ther,
though one onely gave him a deadly wound, yet all are guilty of the
murder, because they all intended it, and did something towards it.</p>
                        <p>2. But if in heat of bloud and by the surprise of passion this be done, he
onely that gave the deadly wound is the homicide, and the rest are in<g ref="char:EOLhyphen"/>jurious,
and are punish'd accordingly.</p>
                        <p>3. If one give the deadly wound, and the other knock him on the head
and so speed him, they are both murderers alike.</p>
                        <p>4. If many strike a man, and of all these wounds together he dies, they are
equally guilty; for the law justly presumes that their malice is equal, by
their conjunct attempt, and there being nothing in the event to distinguish
them, the presumption is reasonable and ought to passe into effect.</p>
                        <p>5. If the man be dead but with one wound, and it be not known which
of the assistants did it, they are all alike accounted homicides; for every of
them is justly suppos'd to have had malice enough to have done it, and
which of them had the hap to doe it is not known; therefore there can be
nothing to distinguish them in the punishment, because the guilt is alike,
and the event not discernably any ones peculiar. But although in external
judicatories the proceedings are various, and considering there is no other
way of judging what is secret and indistinguishable, this way is necessary
and unavoidable of proceeding by the most reasonable and probable me<g ref="char:EOLhyphen"/>thods
of justice; yet in the Court of Conscience there is a more certain pro<g ref="char:EOLhyphen"/>ceeding,
and the answer is regular, and one; according to the degree of the
will and choice, and the tendency of our affections to the event, so we shall
be judged: and therefore concerning this, our own conscience is the onely
measure of our expectations; and the will is the measure of reward. But
these things onely two can know, the Spirit of God, and the spirit of a man;
and that's enough to finish the processe at the day of judgement.</p>
                        <p>
                           <hi>Question.</hi>
                        </p>
                        <p>Whether or no is the making and providing the instruments which usu<g ref="char:EOLhyphen"/>ally
minister to sin,<note place="margin">24.</note> by interpretation such an aid to the sin, as to involve our
will and consent to the sin, and make us partakers of the guilt?</p>
                        <p>To this I answer, first in general, that all those arts and trades of life
which minister onely to vanity and trifling pleasures are of ill fame, such as
are Juglers,<note place="margin">Ephes. 4. 28.</note> Tumblers, Players, Fencers and the like; it being an injun<g ref="char:EOLhyphen"/>ction
of the Apostle that every Christian should labour with his hands <gap reason="foreign">
                              <desc>〈 in non-Latin alphabet 〉</desc>
                           </gap>
                           <hi>that which is good,</hi> that is, something profitable to the Common-wealth,
and acceptable to God: and to the same purpose it is that all that a
Christian does must be apt to be reckon'd amongst one of these heads,<note place="margin">Phil. 4. 8.</note> 
                           <gap reason="foreign">
                              <desc>〈 in non-Latin alphabet 〉</desc>
                           </gap>,
<hi>either the
true or the honest, the just or the pure, the lovely or of good report;</hi> and it will
be hard to reduce some of those trades to any of these heads. But I cannot
<pb n="468" facs="tcp:58903:545"/>
see reason enough to say that if any man sins by the using of these arts<gap reason="illegible" resp="#TECH" extent="1 letter">
                              <desc>•</desc>
                           </gap>
and their productions, that the artist is partaker of the crime; because he
designing onely to maintain himself, and to please the eyes and ears and
youthfull passions of others, may possibly not communicate in their sin,
who over-act their liberty and their vanity. But because such persons are
not so wise or discerning as to be able to discern so nicely one formality
from another, but desire upon any termes to get as much money as they
can, and that if they were so wise as to be able to discern the measures of
their duty, they would imploy themselves better, therefore in the whole
such persons are to be reprov'd, though the arts themselves might other<g ref="char:EOLhyphen"/>wise
be tolerated. They are not unlawfull because they are directly evil,
but because they doe but little or no good, such as are jesters, and buffoons,
and juglers; at the best they are but <gap reason="foreign">
                              <desc>〈 in non-Latin alphabet 〉</desc>
                           </gap> 
                           <hi>vain arts,</hi> and if they be
not directly punishable, they can have no reward at all. But <hi>Alexander</hi> did
very well to a fellow who made it his trade and livelyhood to stand at
distance and throw little pease in at the eye of a needle made on purpose just
so big as would receive them: the fellow seeing the Prince admire his dex<g ref="char:EOLhyphen"/>terous
aime expected a great reward; and the Prince observing the fellows
expectation, rewarded him with a whole Bushel of pease. It was a reward
worthy of such an imployment. A man cannot be blam'd for having such an
art, but he that makes that to be his trade, cannot be otherwise then an idle
person: and therefore although he may be tolerated in the Common-wealth
where there live many persons more idle and uselesse then himself, and al<g ref="char:EOLhyphen"/>though,
if other things were well, the man could not be directly condemn'd
for this, and said to be in a state of damnation; yet because if other things
were well he would quickly imploy himself better, therefore such persons
when they come near a spiritual guide are to be called off from that which
at the best is good for nothing, and stands too near a sin to be endur'd in the
scrutinies after life eternal.</p>
                        <p>But some inquire whether the trade of Card-makers and Dice-makers
be lawfull:<note place="margin">25.</note> and the reason of their doubt is, because these things are
us'd by the worst of men, and to very vile purposes; to which these arts doe
minister, and therefore are reasonably suspected as guilty of a participation
of the consequent crimes.</p>
                        <p>To which I answer,<note place="margin">26.</note> that some things minister to sin immediately, o<g ref="char:EOLhyphen"/>thers
mediately onely and by the intervention of something else; some mi<g ref="char:EOLhyphen"/>nister
to sin inevitably and by their design and institution, others by the
fault of them that use them ill; and lastly, some things minister to evil and
to no good, others to good and evil promiscuously. These three distincti<g ref="char:EOLhyphen"/>ons
make but one difference of things, but give several reasons of that dif<g ref="char:EOLhyphen"/>ference.
Those things which minister to sin immediately, by their very
nature and designe, and therefore minister to no good unlesse it be acciden<g ref="char:EOLhyphen"/>tally
and by the virtue of something else nothing appertaining to them, are
certainly unlawfull: and of this there is no question, and that for all those
reasons contain'd in their description, <hi>they are of evil,</hi> and <hi>they are evil,</hi> and
<hi>they tend to evil.</hi> But if they can minister to good, if they of themselves
are innocent, if they can be us'd without doing hurt, although they are ge<g ref="char:EOLhyphen"/>nerally
abus'd, yet he that makes them in order onely to such uses to which
of themselves they can and ought to minister, partakes not of the sin of
them that abuse the productions of his art and labour. And this is re<g ref="char:EOLhyphen"/>markable
<pb n="469" facs="tcp:58903:545"/>
in the case of pictures and images: concerning the making of
which there was a great question in the Primitive Church; but the case of
Conscience they thus determined: It was unlawfull to make pictures or
images for heathen Temples, or for any use of religion: <hi>imò tu colis, qui fa<g ref="char:EOLhyphen"/>cis
ut coli possint;</hi> He that makes them that they may be worshipped, is a
worshipper of them, that is, he partakes of his sin that does worship. But
because the art statuary and of painting might be us'd to better purposes,
therefore they were advis'd to doe so, but to separate them from all ap<g ref="char:EOLhyphen"/>proaches
toward religion;<note place="margin">See lib. 2. Chap. 2. Rule 6. Numb. 31.</note> of which I have already given accounts out of <hi>Ter<g ref="char:EOLhyphen"/>tullian
De spectaculis c.</hi> 23. And the same is the answer concerning the
trades of making cards and dice. But although this be but an instance of
this Rule; yet because it relates to the practice of so great a part of mankind,
it may deserve to be considered alone in order to that relation and that pra<g ref="char:EOLhyphen"/>ctice.
For it wholly depends upon this, If it be innocent, if it can be good
to play at cards and dice, then the trade of making the instruments of
playing is also innocent. If not, that which ministers to nothing but sin,
must be of the kinred of sin, and in the same condemnation.</p>
                        <p>
                           <hi>Question.</hi>
                        </p>
                        <p>Whether it be lawfull to play at Cards or Dice.</p>
                        <p>S. <hi>Chrysostome</hi> affirms,<note place="margin">27.</note>
                           <note place="margin">Homil. 6. in Matth.</note> 
                           <hi>Non Deum invenisse ludum, sed Diabolum, Not
God, but the Devil</hi>
                           <note n="*" place="margin">
                              <p>Quem Deum hujus mundi vocat Apostolus: quem Deum scil. hujusmodi ludorum auth<gap reason="illegible" resp="#TECH" extent="1 letter">
                                    <desc>•</desc>
                                 </gap>rem indigitat Hieronymus.</p>
                              <l>Vida Cremonensis, Poeta non incelebris,</l>
                              <l>Mox verò gratum ludum mortalibus ipse</l>
                              <l>Ostendit Deus, &amp; morem certaminis hujus.</l>
                              <l>Namque olim, ut perhibent, dilectam Scacc<gap reason="illegible" resp="#TECH" extent="1 letter">
                                    <desc>•</desc>
                                 </gap>ida, quá non</l>
                              <l>Inter Serialas praestantior altera Nymphas,</l>
                              <l>Compressit ripa<g ref="char:cmbAbbrStroke">̄</g> errantem, &amp; nil tale putantem,</l>
                              <l>Dum pascit niveos herbosa ad flumina olores.</l>
                              <l>Tum bicolor<gap reason="illegible" resp="#TECH" extent="1 letter">
                                    <desc>•</desc>
                                 </gap>m buxum dedit, atque pudoris</l>
                              <l>Amissi pretium, vario ordine picturatum</l>
                              <l>Argentique auriq<gap reason="illegible" resp="#TECH" extent="1 letter">
                                    <desc>•</desc>
                                 </gap>c gravem tabulam addit, usumque</l>
                              <l>Edocuit; Nymphaeque etiam nunc servat honorem</l>
                              <l>Et Nomen Ludus, celebrat quem maxime, Roma,</l>
                              <l>Extremaeque hominum diversa ad littora gentes.</l>
                           </note> 
                           <hi>found out play.</hi> It may
be he alluded to that of<note n="a" place="margin">in Phaedro.</note> 
                           <hi>Plato,</hi> who saies
that the spirit <hi>Theuth</hi> invented tables and dice;
but then he saies that the same spirit found
out Arithmetic, Geometry and Astronomy;
and therefore from hence we can make no
conjecture. S.<note n="b" place="margin">de alcatoribus</note> 
                           <hi>Cyprian</hi> saies that, <hi>quidam
studio literarum bene eruditus, multum medi<g ref="char:EOLhyphen"/>tando
hoc malum &amp; perniciosum studium adin<g ref="char:EOLhyphen"/>venit,
instinctu solius Zabuli qui eum artibus
suis repleverat. Hanc ergo artem ostendit, quam
&amp; colendam sculpturis cum sua imagine fa<g ref="char:EOLhyphen"/>bricavit,
Some very learn'd person inspired and filled with the arts of the
spirit</hi> Zabulus <hi>taught the art of dice and tables:</hi> and he addes, <hi>that he so or<g ref="char:EOLhyphen"/>der'd
it, that no man might touch the tables till he had first sacrific'd to</hi> Zabu<g ref="char:EOLhyphen"/>lus.
And therefore <hi>M. Mantua</hi> affirm'd it to be very unlawfull to play at
<hi>dice or tables,</hi> upon this very reason; <hi>Non tantum aleae lusum crimen esse, sed
malorum daemonum inventum,</hi> It must needs be unlawfull when it is more
then so, as being the very invention of the devil. And this fierce declama<g ref="char:EOLhyphen"/>tion
hath prevail'd amongst many wise men to the condemnation of it.<note place="margin">Serm. de S. Mattkia.</note> 
                           <hi>Vin<g ref="char:EOLhyphen"/>centius</hi>
saies, <hi>Manus Diaboli est ludus taxillorum:</hi> and <hi>Bodinus</hi> is yet more
particular, he tells us how;<note place="margin">lib. 1. de Dae<g ref="char:EOLhyphen"/>monol.</note> for, saies he, <hi>in alea &amp; fortuito illius jactu geo<g ref="char:EOLhyphen"/>mantiam
artemque diabolicam sitam esse, The chance and luck of it is a kind
of geomancy or diabolicat art.</hi> Indeed if he had meant that the art of con<g ref="char:EOLhyphen"/>ducting
the fall of the contingent die had been diabolical and a jugling art,
he had spoken reason and truth: but that there is a diabolical art in the con<g ref="char:EOLhyphen"/>tingency
and chance of it, is little better then a contradiction; unlesse he
could make it appear that the fall of the dice was by God committed to
<pb n="470" facs="tcp:58903:546"/>
the Devils conduct: which truly is not very improbable in some cases to
be admitted; but because it is uncertain, <hi>Apherdianus</hi> calls it diabolical or
found out by the Devil, by reason of the craft us'd in it, and the evils con<g ref="char:EOLhyphen"/>sequent
to it.
<q>
                              <l>Daemonis instinctu sibi quod reperêre maligni</l>
                              <l>Cum variis homines in sua damna dolis.</l>
                           </q>
And indeed this is almost the whole state of the question; for there are so
many evils in the use of these sports, they are made trades of fraud and
livelyhood, they are accompanied so with drinking and swearing, they are
so scandalous by blasphemies and quarrels, so infamous by the mispending
our precious time, and the ruine of many families, they so often make wise
men fools and slaves of passion, that we may say of them that use these in<g ref="char:EOLhyphen"/>ordinately,
<q>
                              <l>
                                 <gap reason="foreign">
                                    <desc>〈 in non-Latin alphabet 〉</desc>
                                 </gap>
                                 <note place="margin">Eurip.</note>
                              </l>
                              <l>
                                 <gap reason="foreign">
                                    <desc>〈 in non-Latin alphabet 〉</desc>
                                 </gap>,</l>
                           </q>
they are in an ocean of mischiefs, and can hardly swim to shore without pe<g ref="char:EOLhyphen"/>rishing.
And therefore it is no wonder that holy men and wise Common<g ref="char:EOLhyphen"/>weaths,
observing the great evil of them, and having not skill or experience
enough to tell of any good that is in them, have forbidden them utterly.
This is the observation of S. <hi>Isidore;</hi>
                           <note place="margin">lib. 1. Origin. c. 67.</note> 
                           <hi>Ab hac arte autem fraus &amp; menda<g ref="char:EOLhyphen"/>cium
atque perjurium nunquam abest, postremo &amp; odium &amp; damna rerum.
Unde &amp; aliquando propter haec scelera interdicta legibus fuit, Fraud and
lying and perjury are the inseparable attendants upon cards and dice, and
hatred and great losses follow; and therefore because of this appendant wicked<g ref="char:EOLhyphen"/>nesse,
sometimes these are wholly forbidden by the laws.</hi>
                        </p>
                        <p>For so we find it forbidden in the Civil laws of Princes and Repub<g ref="char:EOLhyphen"/>lics.<note place="margin">28.</note>
                           <hi>M. Mantua</hi> tells that by an old law of <hi>Egypt,</hi> every man was easily ad<g ref="char:EOLhyphen"/>mitted
to the accusation of a gamester or dice-player;<note place="margin">Polymath. l. 8. c. 3. De prob. vol. 2. conc. 13. 6.</note> and if he were con<g ref="char:EOLhyphen"/>victed
of it, he was condemned to the quarries: and <hi>Josephus Mascardus</hi>
tells that those who were remark'd as daily and common gamesters were
infamous, and not admitted to give testimony in a cause of law. It is cer<g ref="char:EOLhyphen"/>tain
it was forbidden by the laws;
<q>Seu mavis vetitâ legibus aleâ.<note place="margin">Horat.</note>
                           </q>
The <hi>lex Roscia</hi> punish'd those persons with banishment who lost any conside<g ref="char:EOLhyphen"/>rable
portions of their estates by playing at dice; and sometimes the laws
did condemn them that lost money, to pay four times so much to the <hi>Fiscus,</hi>
as <hi>Asconius Paedianus</hi> tells in his observations upon <hi>Cicero</hi>'s second book <hi>de
Divinatione. Justinian</hi> the Emperor made an expresse law against it,<note place="margin">lib. 3. Cod. Justin. tit. 43. &amp; in Authen<g ref="char:EOLhyphen"/>tic. tit. de Sa<g ref="char:EOLhyphen"/>crosanctis E<g ref="char:EOLhyphen"/>piscopis. §. inter<g ref="char:EOLhyphen"/>dicimus.</note> for<g ref="char:EOLhyphen"/>bidding
it both in public and private houses. <hi>Magnus Sfortia</hi> forbad dice
and tables to be us'd in his campe: <hi>Philippus Adeodatus</hi> severely prohibited
it in the Commonwealth; so did <hi>Charles</hi> the seventh of <hi>France:</hi> For in the
perpetual and daily abuse of such sports the Commonwealth hath much in<g ref="char:EOLhyphen"/>commodity,
and consequently many interests in the prohibition.
<q>
                              <l>Ludus enim genuit trepidum certamen &amp;<note place="margin">Horat. Ep. 1.</note> iram;</l>
                              <l>Ira truces inimicitias &amp; funebre bellum.</l>
                           </q>
The public peace cannot be kept where public dicing-houses are permitted,
and therefore the <hi>Romans</hi> were so severe against such public houses and
scenes of debauchery, that the <hi>Praetor</hi> said, <hi>Si quis eum apud quem aleâ lu<g ref="char:EOLhyphen"/>sum
<pb n="471" facs="tcp:58903:546"/>
esse dicetur,</hi>
                           <note place="margin">ff. l. 11. tit. 5. de alcator. vide etiam Wesen<g ref="char:EOLhyphen"/>bech. ibid.</note> 
                           <hi>verberaverit, damnúmve ei dederit, sive quid eo tempore do<g ref="char:EOLhyphen"/>mo
ejus subtractum erit, judicium non dabo,</hi> If the Gentlemen beat the Ma<g ref="char:EOLhyphen"/>ster
of such gaming-houses, or stole any thing from his house at that time,
he should have no remedy. For these were houses of public hatred, and
therefore outlawed. And therefore <hi>Seneca</hi> calls them <hi>loca aedilem metuen<g ref="char:EOLhyphen"/>tia,</hi>
houses afraid of the Magistrate.<note place="margin">de Vita beara c. 7.</note> 
                           <hi>Virtutem in Templo invenies, in foro,
in Curia, pro muris stantem, pulverulentam, coloratam, callosas habentem
manus; Voluptatem latitantem saepius ac tenebras captantem, circa balnea ac
sudatoria, ac loca aedilem metuentia, You may find Vertue standing in Courts,
and Temples, and upon the walls of a city, dusty and discolour'd, and with
brawny hands; but Pleasure sneaks up and down to baths, and sweating-houses,
and places that fear the presence of the Aedile;</hi> that is, gaming-houses,
which we learn from <hi>Martial,</hi>
                           <q>
                              <l>Arcana modo raptus è popina</l>
                              <l>Aedilem rogat udus aleator,</l>
                           </q>
                           <hi>The Dice-player half drunk newly snatcht from his Tavern or Ordinary be<g ref="char:EOLhyphen"/>seeches
the Aedile for mercy.</hi> But in the Civil law the punishments of the
Gamesters, and especially the keepers of the gaming-houses, by the confi<g ref="char:EOLhyphen"/>scation
of the house, nay the destruction of it, that no man may dwell in it
for ever, in that place where God hath been so many times dishonour'd and
blasphem'd, are sufficient indication of that just detestation in which the
laws had them: and who please may see them largely describ'd in<note n="a" place="margin">de Alea.</note> 
                           <hi>Danaeus</hi>
and<note n="b" place="margin">praxis. p. 507. c. 126. &amp; alibi.</note> 
                           <hi>Jodocus Damhouderius.</hi> But I observe that the especial remarks that
the Civil laws of Princes and republics put upon this kind of ga<gap reason="illegible" resp="#TECH" extent="2 letters">
                              <desc>••</desc>
                           </gap>ing is
that it causes many quarrels;
<q>—dum vitreo peraguntur milite bella:</q>
the contention for the victory begets a more cruel war: but this is especially
upon the account of money which is then lost, and which the laws most re<g ref="char:EOLhyphen"/>gard,
as the cause of all the mischief.</p>
                        <p>But when this question and these observations fell into <gap reason="illegible" resp="#TECH" extent="1 letter">
                              <desc>•</desc>
                           </gap>he hands of
the Church,<note place="margin">29.</note> that is, of Christian and pious Princes and Prelates, and they
that were and ought to be zealous for souls had observ'd that God was ex<g ref="char:EOLhyphen"/>ceedingly
dishonour'd, that his name was infinitely blasphem'd, that much
of that precious time which God had allowed to us for the working out
our salvation with fear and trembling was spent in luxury, and swearing, and
passion, and lying and cursing, and covetousnesse, and fraud, and quarrels,
and intemperance of all sorts, &amp; that <gap reason="foreign">
                              <desc>〈 in non-Latin alphabet 〉</desc>
                           </gap> 
                           <hi>d<gap reason="illegible" resp="#TECH" extent="1 letter">
                                 <desc>•</desc>
                              </gap>inking and gaming</hi>
are joyned so frequently that they are knit in a proverb, and that these to<g ref="char:EOLhyphen"/>gether
baffle the spirit of a man and drive away the spirit of God,
<q>
                              <l>Aleáque &amp;<note place="margin">Ovid. de r<gap reason="illegible" resp="#TECH" extent="1 letter">
                                       <desc>•</desc>
                                    </gap>
                                    <g ref="char:EOLhyphen"/>med.</note> multo tempora quassa mero</l>
                              <l>Eripiunt omnes animo sine vulnere vires,</l>
                           </q>
they disarme and weaken the mind of a man without a wound; it is, I say,
no wonder that they forbad it so fiercely, and censur'd it so severely. <hi>Alea<g ref="char:EOLhyphen"/>tor
quicunque es,</hi>
                           <note place="margin">lib. de Al<gap reason="illegible" resp="#TECH" extent="3 letters">
                                 <desc>•••</desc>
                              </gap>ri<g ref="char:EOLhyphen"/>bus.</note> 
                           <hi>Christianum te dicis, quod non es,</hi> said S. <hi>Cyprian,</hi> A common
gamester or dice-player may call himself Christian, but indeed he is not: and
S. <hi>Clemens Alexandrinus</hi> saies, <hi>inconsideratum luxuriae amorem otiofis isthaec
<gap reason="illegible" resp="#TECH" extent="2 letters">
                                 <desc>••</desc>
                              </gap>eae oblectamina suppeditare, desidiámque in causa esse,</hi> idlenesse and wanton<g ref="char:EOLhyphen"/>nesse
provides these games for the lazy and uselesse people of the world.
<pb n="472" facs="tcp:58903:547"/>
And therefore S. <hi>Bernard</hi> said that <hi>the pious and Christian souldiers that
inhabit</hi> Jerusalem,<note place="margin">de Christian. milite.</note> 
                           <hi>aleas detestantur, mimos, &amp; magos, &amp; fabulatores, scur<g ref="char:EOLhyphen"/>rilesque
cantilenas, tanquam vanitates aut insanias respuunt &amp; abominan<g ref="char:EOLhyphen"/>tur;
they hate dice, and abominate jesters, and juglers, and players, and idle
songs like vanities and madnesse.</hi> Upon these or the like accounts the Fa<g ref="char:EOLhyphen"/>thers
of the Council of <hi>Eliberis</hi> separated these gamesters from the Com<g ref="char:EOLhyphen"/>munion.
<hi>Si quis fidelis aleâ,</hi>
                           <note place="margin">Can. 79. Vide etiam can. 41, &amp; 42. A<g ref="char:EOLhyphen"/>postol.</note> 
                           <hi>id est, tabulâ luserit, placuit eum abstinere. Et
si emendatus cessaverit post annum poterit reconciliari;</hi> A Christian playing
at dice or tables is not to be admitted to the Holy Communion, but after a
years penance and abstention,<note place="margin">de vita &amp; ho<g ref="char:EOLhyphen"/>nestate Clericor. cap. Cleric. L. 6. c. 200.</note> and his total amendment: and the Canon law
forbids a Clergy-man either to play at tables, or to be present at those
places where they doe. But the Capitular of <hi>Charles</hi> the Great joynes
dicing and drunkennesse together, as being usual companions, and forbids
them both alike to Bishops, Priests and Deacons. And indeed when the
case is thus, I may say as <hi>Schonaeus</hi> said in the case of <hi>Saul,</hi>
                           <q>
                              <l>—quae potest esse in tanti sceleris</l>
                              <l>Immanitate coercendâ crudelitas?</l>
                           </q>
No laws are too severe,<note place="margin">Vide etiam De<g ref="char:EOLhyphen"/>cretum dist. 35. c. 8. Episcop. &amp; de excessu prae<g ref="char:EOLhyphen"/>latorum, cap. in<g ref="char:EOLhyphen"/>ter dilectos.</note> no sentence is too rigid for it's sentence and con<g ref="char:EOLhyphen"/>demnation.</p>
                        <p>But if the case can be otherwise,<note place="margin">30.</note> if playing at dice and tables can be<g ref="char:EOLhyphen"/>come
an innocent recreation, then all these terrible and true sentences will
not reach them that so use it. And indeed even amongst those places and
republics where such gaming was so highly condemn'd &amp; severely punish'd,
some of their braver men did use it, but without the vile appendages, and
therefore without scandal and reproach. For first in general, it cannot
misbecome a wise and a good man to unbend his bow, and to relaxe the se<g ref="char:EOLhyphen"/>verities,
the strictures and more earnest tendences of his mind.
<q>
                              <l>Quin ubi se à vulgo &amp; scena in secreta remôrant<note place="margin">Horat. l. 2. Sat. 1.</note>
                              </l>
                              <l>Virtus Scipiadae &amp; mitis sapientia Laeli,</l>
                              <l>Nugari cum illo, &amp; discincti ludere, donec</l>
                              <l>Decoqueretur olus, soliti.—</l>
                           </q>
                           <hi>Laelius</hi> and <hi>Scipio</hi> would play till they had digested their meal. And of <hi>Ar<g ref="char:EOLhyphen"/>chias</hi>
of <hi>Tarentum</hi> it was said, <gap reason="foreign">
                              <desc>〈 in non-Latin alphabet 〉</desc>
                           </gap>, He
was an old and a wise man in public Counsels and imployments, but he
would play like a yong man. And concerning very many wise Princes and
Philosophers you shall find many stories of their confident using lighter
but innocent sports for the refreshment of their spirits 'tir'd with study and
labour,<note place="margin">lib. 3. c. 21. l. 8. c. 8.</note> collected by <hi>Alexander ab Alexandro.</hi> But in particular concerning
dice and tables we find in <hi>Valerius Maximus</hi> related of <hi>Q. Mucius, Aleae quo<g ref="char:EOLhyphen"/>que
&amp; calculis vacasse interdum dicitur, cum bene ac diu jura civium ac
caeremonias deorum ordinasst: Ut enim in rebus seriis Scaevolam, ita &amp; in
scurrilibus</hi>
                           <note n="*" place="margin">Janus Rut<g ref="char:EOLhyphen"/>gersius legit [in scnilibus] non [in scurrili<g ref="char:EOLhyphen"/>bus] Pontanus [in serotinis lusibus] Scrive<g ref="char:EOLhyphen"/>rius [inheroicis] alii [inseriis] unico verbo.</note> 
                           <hi>lusibus hominem agebat:</hi> that <hi>sometimes he would play at dice and
tables, when he had first dispatch'd the businesse of the Commonwealth prospe<g ref="char:EOLhyphen"/>rously,
and the affairs of religion wisely: In serious things doing as Scaevola
should, in his recreations doing as a man: quâ quidem aleâ Porcius Cato lusisse
fertur animi laxandi causâ,</hi> and <hi>Porcius Cato</hi> himself, wise and severe though
he was, yet play'd at tables to refresh and relaxe his mind. And if cards or
tables have in their own nature nothing that is evil, provided it can be also
separated from all the evil appendages,<note place="margin">† Alex. ab Alex.</note> from the crimes and from the re<g ref="char:EOLhyphen"/>proach,
<pb n="473" facs="tcp:58903:547"/>
from the danger and from the scandal, that which onely remains
is, that they as well as other innocent recreations and divertisements may
be us'd. In the case so stated we suppose them onely to be recreations
and relaxations of the mind: <gap reason="foreign">
                              <desc>〈 in non-Latin alphabet 〉</desc>
                           </gap>,
said <hi>Julian,</hi>
                           <note place="margin">in Caesarib.</note> such little imployments are
like the pauses of music, they are <hi>rests</hi> to the spirit and intervals of labour.
And therefore <hi>Johannes Sarisburiensis</hi> allows of every game,<note place="margin">Polyc. lib. 1. c. 5.</note> 
                           <hi>quae absque
vitio curarum gravium pondus allevat, &amp; sine virtutis dispendio jucundam
interpolationem gaudiorum affert,</hi> if it can ease our griefs, or alleviate our
burdens without the losse of our innocence.</p>
                        <p>Now that cards and dice are of themselves lawfull I doe not know any
reason to doubt.<note place="margin">31.</note> For if they be unlawfull, it is because they are forbid<g ref="char:EOLhyphen"/>den,
or because there is in them something that is forbidden. They are no
where of themselves forbidden: and what is in them that is criminal or
suspicious? Is it because there is chance and contingency in them? There is
so in all humane affairs; in Merchandise, in laying wagers, in all consulta<g ref="char:EOLhyphen"/>tions
and warres, in journeys and agriculture, in teaching and learning, in
putting children to school or keeping them at home, in the price of the
market, and the vendibility of commodities. And if it be said that there
is in all these things an overruling providence; though no man can tell in
what manner or by what means the Divine providence brings such things
to a determinate event, yet it is certain that every little thing as well as
every great thing is under God's government, and our recreations as well
as our wagers. But what if it be and what if it be not? He can never be sus<g ref="char:EOLhyphen"/>pected
in any Criminal sense to tempt the Divine providence, who by con<g ref="char:EOLhyphen"/>tingent
things recreates his labour, and having acquir'd his refreshment,
hath no other end to serve, and no desires to engage the Divine providence
to any other purpose: and this end is sufficiently secur'd by whatsoever hap<g ref="char:EOLhyphen"/>pens.
I know nothing else that can be pretended to render the nature of
these things suspicious; and this is perfectly nothing: and as for the evil ap<g ref="char:EOLhyphen"/>pendages
which are so frequently attending upon these kinds of games, be<g ref="char:EOLhyphen"/>sides
that they also are as near to other exercises as to these, as to bowling,
horse-racing, cock-fighting, the fight of quailes and of partridges, bul<g ref="char:EOLhyphen"/>baiting,
pall-mall, billiards, and all other games for money and victory, to
some more and to some lesse, besides this, I say, the evil appendages are all
separable from these games, and till they be separated they are not law <gap reason="illegible" resp="#TECH" extent="1 letter">
                              <desc>•</desc>
                           </gap>ull:
but they may be separated by the following advices.</p>
                        <div type="part">
                           <head>Rules of conducting our Sports and Recreations.</head>
                           <p>1. Let no mans affections be immoderately addicted to them.<note place="margin">32.</note> And
this requires a great diligence and caution. For as <hi>Petrarch</hi> said well, <hi>Hoc
est in regno stultitiae commune, ut quarum rerum minor est fructus, &amp; cupi<g ref="char:EOLhyphen"/>ditas
&amp; delectatio major sit,</hi> In the kingdome of folly we are most pleased
with those things by which we have the least profit. And the want of do<g ref="char:EOLhyphen"/>ing
us good, is supplied by doing us pleasure. But the moderation of our
affections to our sports is best express'd, by using them according to those
measures which wise and severe men use in their recreations, that is, not to
be frequent or long in them. For it is in these as in meat and drink, which
are then good when they are necessary and usefull to the purposes of our na<g ref="char:EOLhyphen"/>ture
<pb n="474" facs="tcp:58903:548"/>
and imployment. Sleep is necessary, and so long it is good: but a man
must not therefore spend the best of his time in sleep, but that time that is
allowed to it, and without which he cannot well doe his businesse. The
limits of these things are not so streight as <hi>necessity,</hi> nor yet so large as <hi>humor</hi>
or <hi>desire;</hi> but as a man may drink to quench his thirst, and he may yet drink
more to refresh his sorrow, and to alleviate his spirits, and to ease his grief,
provided that he turn not his liberty into a snare, so he may in his recrea<g ref="char:EOLhyphen"/>tion
and his sports.
<q>
                                 <l>Cito rumpes arcum semper si tensum habueris:<note place="margin">Phaedrus. LIII</note>
                                 </l>
                                 <l>At si laxâris, cum voles, erit utilis.</l>
                                 <l>Sic lusus animo debent aliquando dari,</l>
                                 <l>Ad cogitandum melior ut redeat tibi.</l>
                              </q>
Within this bound he must keep, * that he loose none of his businesse for his
sport; * that he make his other time more usefull; * that this be the lesse
principal; * that it be taken as Physic, * or as wine at most: * and the minutes
and little points of this measure are no otherwise to be weighed and consi<g ref="char:EOLhyphen"/>der'd,
but that we take those proportions which our selves think we need
to good purposes, or which we are advis'd to by a wise guide. To this pur<g ref="char:EOLhyphen"/>pose
was that saying of <hi>Plato</hi> reported by <hi>Laertius; Parum est aleâ ludere,
at non parum est assuescere, It is no great matter to play at dice or tables, but
to be accustom'd to it is a great matter;</hi> that is, to make it a portion of our
businesse, an expence of our time due to worthy imployments: and there<g ref="char:EOLhyphen"/>fore
in the laws, not the action it self, but the abuse, and particularly the
frequency,<note place="margin">Petrus Folle<g ref="char:EOLhyphen"/>rius. Senec. de Brevit. vitae c. 13.</note> is noted and forbidden. <hi>Ludentes quotidie ad aleam, &amp; taberna<g ref="char:EOLhyphen"/>rum
frequentatores inter infames habentur,</hi> saies the constitution. <hi>Quorum
aut latrunculi, aut excoquendi in sole corporis cura consumpsêre vitam,</hi> Men
that spend their lives in cards and dice, and making much of themselves,
Haunters of drinking and gaming-houses. A man may innocently and to
good purposes goe to a Tavern; but they that frequent them have no excuse,
unlesse their innocent businesse does frequently ingage, and their severe re<g ref="char:EOLhyphen"/>ligion
bring them off safely. And so it is in these sports, with this onely
difference, that there can be no just cause to frequent these sports: there is
onely one cause of using them, and that comes but seldome, the refresh<g ref="char:EOLhyphen"/>ment
I mean of my self or my friend, to which I minister in justice or in
charity; but when our sports come to that excesse that we long and seek
for opportunities, when we tempt others, are weary of our businesse, and
not weary of our game,
<q>
                                 <l>….Cum mediae nequeant te frangere noctes,</l>
                                 <l>Nec tua sit talos mittere lassa manus,</l>
                              </q>
when we sit up till midnight, and spend half days, and that often too; then
we have spoil'd the sport, it is not a recreation but a sinne.</p>
                           <p>2. He that means to make his games lawfull must not play for money,<note place="margin">33.</note>
but for refreshment. This, though (it may be) few will believe, yet it is
the most considerable thing to be amended in the games of civil and sober
persons. For the gaining of money can have no influence into the game to
make it the more recreative, unlesse convetousnesse hold the box. The re<g ref="char:EOLhyphen"/>creation
is to divert the mind or body from labours by attending to some<g ref="char:EOLhyphen"/>thing
that pleases and gives no trouble; now this is in the conduct of your
game, in the managing a prosperous chance to advantage, and removing the
<pb n="475" facs="tcp:58903:548"/>
unprosperous from detriment and losse of victory, so to crosse the pro<g ref="char:EOLhyphen"/>verb,
<q>
                                 <gap reason="foreign">
                                    <desc>〈 in non-Latin alphabet 〉</desc>
                                 </gap>,</q>
and that by wit he may relieve his adverse chance, and by a symbol learn to
make good and vertuous use of every crosse accident. But when money
is at stake, either the summe is trifling, or it is considerable. If trifling, it
can be of no purpose unlesse to serve the ends of some little hospitable en<g ref="char:EOLhyphen"/>tertainment
or love-feast, and then there is nothing amisse; but if it be con<g ref="char:EOLhyphen"/>siderable,
there is a wide door open to temptation, and a man cannot be in<g ref="char:EOLhyphen"/>different
to winne or loose a great summe of money, though he can easily
pretend it. If a man be willing or indifferent to loose his own money,
and not at all desirous to get anothers, to what purpose is it that he playes
for it? if he be not indifferent, then he is covetous, or he is a fool; he covets
that which is not his own, or unreasonably ventures that which is. If with<g ref="char:EOLhyphen"/>out
the money he cannot mind his game, then the game is no divertise<g ref="char:EOLhyphen"/>ment,
no recreation, but the money is all the sport, and therefore covetous<g ref="char:EOLhyphen"/>nesse
is all the designe: but if he can be recreated by the game alone, the
money does but change it from lawfull to unlawfull, and the man from be<g ref="char:EOLhyphen"/>ing
weary to become covetous, and from the trouble of labour or study re<g ref="char:EOLhyphen"/>move
him to the worse trouble of fear and anger and impatient desires.
But here indeed begins the mischief, here men begin for the money to use
vile arts,
<q>Quaerit compositos manus improba mittere talos,</q>
here cards and dice begin to be a diabolical art, and men are witty to undoe
or defraud one another,
<q>
                                 <l>…..Neque enim loculis comitantibus itur</l>
                                 <l>Ad casum tabulae, positâ sed luditur arcâ.</l>
                              </q>
Men venture their estates at it, and make their families sad not poor, be<g ref="char:EOLhyphen"/>cause
the dice turn up an unlucky chance: and what sport is it for me to
loose my money if it be at all valuable? and if it be not, what is it to my
game? But sure the pleasure is in winning the money. That is it certain<g ref="char:EOLhyphen"/>ly.
But
<q>
                                 <l>Hoccine credibile est aut memorabile,<note place="margin">Teren. Andria.</note>
                                 </l>
                                 <l>Tanta vecordia innata cuiquam ut siet</l>
                                 <l>Ut malis gaudeant, atque ex incommodis</l>
                                 <l>Alterius sua comparent ut commoda? ah!</l>
                                 <l>Idne est verum? Imo id genus hominum</l>
                                 <l>Est pessimum…..</l>
                              </q>
Nothing is more base then to get advantages by the losse of others; they
that doe so, and make the losse of their neighbour their game &amp; pastime, are
the worst of men, said the Comedy. But concerning the losse of our mo<g ref="char:EOLhyphen"/>ney,
let a man pretend what he please, that he plaies for no more then he is
willing to loose; it is certain, he is not to be believ'd: for if that summe be
so indifferent to him, why is not he easy to be tempted to give such a summe
to the poor? to give that summe? his sport will not be the lesse if that be
all he designes.<note place="margin">S. Hieron. ep. ad Gaudent.</note> 
                              <hi>Positâ dum luditur arcâ, stat pauper nudus atque esuriens
ante fores, Christusque in paupere moritur,</hi> Whilest men play for great
summes of money, a poor man at the door, redeem'd by the bloud of
Christ, wants a shilling, and begs it for Christs sake, and goes without it.
<pb n="476" facs="tcp:58903:549"/>
Whenever the case is this or like this, he sins that plays at cards or dice or
any other game for money. It is alike in all games, for I know no diffe<g ref="char:EOLhyphen"/>rence;
Money is the way to abuse them all: and cards and dice, if there be
no money at stake, will make as good sport and please the mind as well as
any the sports of boys, and are as innocent as push-pin. For if we consider
it rightly, from hence is taken the great objection against cards and tables,
because men at these venture their money, and expose their money to ha<g ref="char:EOLhyphen"/>zard
for no good end, and therefore tempt God; and certainly to doe so is
unlawfull, and that for the reason alleged: but when we play onely for
recreation, we expose nothing of considerable interest to hazard, and
therefore it cannot be a criminal tempting of God, as it is in gaming for
money,
<q>
                                 <l>Ubi centuplex murus rebus servandis parum est,<note place="margin">Plaut. Persâ.</note>
                                 </l>
where no wit, no observation, no caution, can save our stake: for
<l>Adversis punctis doctum se nemo fatetur;</l>
                                 <l>Vulnera plus crescunt punctis quam bella sagittis,</l>
                              </q>
saies the Epigram, No man is crafty enough to play against an ill hand; and
therefore to put a considerable interest, to the hazard of the ruine of a fa<g ref="char:EOLhyphen"/>mily,
or at least more then we find in our hearts to give to Christ, is a great
tempting of God. And in these cases, as I have heard from them that have
skill in such things, there are such strange chances, such promoting of a
hand by fancy and little arts of Geomancy, such constant winning on one
side, such unreasonable losses on the other, and these strange contingencies
produce such horrible effects, that it is not improbable that God hath per<g ref="char:EOLhyphen"/>mitted
the conduct of such games of chance to the Devil, who will order
them so where he can doe most mischief; but without the instrumentality of
money he could doe nothing at all.</p>
                           <p>There are two little cases pretended to lessen this evil,<note place="margin">34.</note> and bring it
from unlawfull to lawfull. The one is, that when a man hath lost his mo<g ref="char:EOLhyphen"/>ney,
he desires to play on for no other reason but to recover his own: the
question is whether that be lawfull or no. To this I can give no direct answer,
for no man can <hi>at first</hi> tell whether it be or no: but at the best it is very
suspicious, for it engages him upon more losse of time, and he tempts God
in a further hazard, and gives himself the lie by making it appear that, what<g ref="char:EOLhyphen"/>ever
he pretended, he did play for more then he was willing to loose.
<q>
                                 <l>Sic ne perdiderit,<note place="margin">Ovid.</note> non cessat perdere lusor,</l>
                                 <l>Et revocat cupidas alea saepe manus.</l>
                              </q>
He plays on that he may give over, and looses more that he may not loose
so much, and is vexed with covetousnesse, and chides his fortune, and re<g ref="char:EOLhyphen"/>proves
he knows not what: so that <hi>by this time</hi> I can tell whether he sinn'd
or no; for though it was hard to say whether he did well or ill to desire the
recovery of his money, yet when we see upon what termes it is design'd
and acted, the question is very easy to be resolved, and the man had better
sit down with that losse then venture a greater, and commit more sins.</p>
                           <p>The other case is this;<note place="margin">35.</note> If I can without covetousnesse of the money
play, is it then lawfull? and to shew that I am not covetous, I will give the
money I win to the standers by, or to my servants, or to the poor. When
<hi>Theodoric</hi> King of the <hi>Goths</hi> did win at dice or tables he was very bountifull
<pb n="477" facs="tcp:58903:549"/>
to his servants, and being over-pleas'd with his own good fortune, would
grant them any thing.<note place="margin">apud Sucton.</note> But <hi>Augustus Caesar</hi> did use to doe this thing brave<g ref="char:EOLhyphen"/>ly.
He gives this account of himself in a letter of his to <hi>Tiberius; Ego per<g ref="char:EOLhyphen"/>didi
viginti millia nummûm meo nomine: sed cum effusè in lusu liberalis
fuissem, ut soleo plerumque. Nam si quas manus remisi cuique exegissem, ant
retinuissem quod cuique donavi, vicissem vel quinquaginta millia: sed hoc ma<g ref="char:EOLhyphen"/>lo.
Benignitas enim mea me ad coelestem gloriam efferet.</hi> He lost (suppose)
20000 Crowns; but it was not his ill fortune or his ill conduct, but his ex<g ref="char:EOLhyphen"/>cessive
liberality: he forgave to many what he had wone, and other summes
which he took, he gave to the standers by, and chose this bounty as the
way to immortality. Now it is true this is a fair indication that convetous<g ref="char:EOLhyphen"/>nesse
is not the prevailing ingredient; but to him that considers it wisely
it will appear to be but a splendid nothing. For what kind of sport is that
to bring it into my power to oblige my play-fellow with his own money?
and what bounty is that by which I reward my friends and servants with
another mans estate? <hi>Parysatis</hi> did it yet more innocently, when playing
with her yong son <hi>Artaxerxes,</hi> she on purpose lost a thousand Darics at a
throw, to help the yong Prince to money. Thus far it was well enough;
for I doubt not but it is as lawfull to loose my money as to give it away, if
there be nothing else in it: but besides that it is not so honourable, it may
be, he that plays against me is not of my mind, or of my ability, and I cor<g ref="char:EOLhyphen"/>respond
to him in an action in which he is not so innocent as I should be, if
I did not something minister to his evi: so that though I play that I may
oblige him, yet there are so many circumstances requir'd to keep my self
and him innocent, that <hi>it is a thousand times better in some cases to give him
something, and in all cases to play for nothing.</hi>
                           </p>
                           <p>3. For it is a worthy inquiry,<note place="margin">36.</note> if we ask whether it be lawfull for a
man to possesse what he gaines by play. For if it be unlawfull, then when
he hath wone he hath got nothing, but is bound to make restitution, and
cannot give almes of that; and then it can be good for nothing, but on all
sides pierces his hand that holds it like a handfull of thorns. But in an<g ref="char:EOLhyphen"/>swer
to this question, if I shall speak what I think, I am like to prevail but
little, because the whole world practises the contrary;
<q>
                                 <l>…..Et nunc in hacce publica</l>
                                 <l>Contage morum, congreges inter malos</l>
                                 <l>Malum esse jus est. Nam nunc</l>
                                 <l>Leges nihil faciunt quod licet, nisi quod lubet,</l>
                              </q>
Nothing prevails but evil manners and evil propositions: and in such things
as these it is easy to confute a good counsel or a severe reproof, by saying,
The man is angry, or too strict, and all men are not of his mind. There<g ref="char:EOLhyphen"/>fore
in this inquiry I shall onely tell what I have learn'd in the schools of
wisedome, in the laws of wise people, and the sayings of holy men. In the
Civil laws of the <hi>Romans,</hi>
                              <note place="margin">lib. 3. Cod. tit. 43. Vide ibi Cuja<g ref="char:EOLhyphen"/>cium, &amp; Wesen<g ref="char:EOLhyphen"/>bech. ff. l. 11. tit. 5. Cicer. ad At<g ref="char:EOLhyphen"/>ticum. Ep. 13. l. 1.</note> all the money that these gamesters wone was
taken from them and spent upon public works; and he that lost and paid
the money was punishable, for the Senate forbad to play for money, or to
make any promise or give any pledge for payment. The same hath been
forbidden by the laws of many republics, <hi>ut quod ille in alea perdiderat, be<g ref="char:EOLhyphen"/>neficio
legis dissolveret,</hi> that the law should pay what the fool and the prodi<g ref="char:EOLhyphen"/>gal
had lost. An old Epigrammatist affirmes that such gains will never
thrive,
<q>
                                 <pb n="478" facs="tcp:58903:550"/>
                                 <l>Per scelus immensas quid opes cumulare juvabit?</l>
                                 <l>Turpiter è manibus res malè parta fluit.</l>
                              </q>
And no wonder if such gains be the purchaces of a thief, and no better
then robbery.<note place="margin">ib. 4. Ethic. c. 1.</note> 
                              <hi>Aristotle</hi> joyns them together in the same kind of dishonou<g ref="char:EOLhyphen"/>rable
crime, <gap reason="foreign">
                                 <desc>〈 in non-Latin alphabet 〉</desc>
                              </gap>,
He that plays at dice for money, and the thief are
illiberal gamesters, for they are guilty of <hi>filthy lucre:</hi> and <hi>Seneca</hi> says,
<q>
                                 <l>—immensas opes</l>
                                 <l>Jampridem avaris manibus, ut perdat, rapit.</l>
                              </q>
He is greedy, and gets nothing; he wins much, and looses more; he snatches
from his neighbour what belongs to him, and looses that and his own be<g ref="char:EOLhyphen"/>side.
<hi>Pascasius Justus</hi> observes that the <hi>Spaniards</hi> call such gamesters <hi>Ta<g ref="char:EOLhyphen"/>hur,</hi>
which is the <hi>Metathesis</hi> of <hi>Hurta,</hi> a thief; for to cast the dice for money
what is it but to desire to take another mans money against his will? and
that is theft.<note place="margin">Specul. anim. c. 2. &amp; in Sent. lib. 1. dist. 25. part. 2. art. 2. q. 1. in conclus. ad 4.</note> S. <hi>Bonaventure</hi> saies that which is gotten by play is possess'd
by no good title, and cannot be lawfully retain'd: he that lost it, hath in<g ref="char:EOLhyphen"/>deed
for his folly deserv'd to loose it; but he that hath it, does not deserve
to keep it, and therefore he must not, nor yet must he restore it to him that
lost it, unlesse he persuaded or compell'd him to play; but therefore the
money is to be given to the poor: and the same also is expressely affirmed
by S. <hi>Austin.</hi>
                              <note place="margin">Epist. 54. ad Macedon.</note> Now if it be not lawfull to retain such purchaces, they are
not our own when we have wone them, and therefore it is no thanks to us
if we give them away. <hi>Aleatoris eleemosyna invalida est &amp; nihili apud
Deum,</hi>
                              <note place="margin">ibid.</note> saith S. <hi>Bonaventure. Oblatio enim de rapina reprobatur<g ref="char:punc">▪</g>
                              </hi> saith the
Canon law, and <hi>eleemosynae &amp; sacrificium non placent Deo quae offeruntur ex
scelere.</hi> The money is gotten by an equivocal contract, and an indirect ra<g ref="char:EOLhyphen"/>pine,
and therefore can never become a pleasing sacrifice to God; it is a
giving our good to the poor without charity, and that profits not, saith
S. <hi>Paul.</hi> But at last,<note place="margin">1 Cor. 13.</note> although he that looses his money, deserves to loose it;
yet because by laws such purchaces and acquisitions are forbidden, and we
have no right to give almes of what is not our own, and as God will not ac<g ref="char:EOLhyphen"/>cept
it when it is done by us, so he hath no where commanded that it should
be done at all, therefore it is certain that all such money is to be restor'd,
if the looser please.<note place="margin">ubi supra.</note> 
                              <hi>Bona aleâ amissa tanquam furto ablata [veteres] resti<g ref="char:EOLhyphen"/>tuenda
putabant.</hi> S. <hi>Austin</hi> said, that the Ancients did affirm, money wone
by dice and tables ought to be restor'd, like the money that was stollen.
But if the owner will not, let it ascend to pious uses. And if this be the
state of this affair, it cannot be lawfull to play at cards or dice for money.
For the love of money is the root of all evil, which some having coveted,
have pierced themselves through with many sorrows. And this appears
yet more in the next advice.</p>
                           <p>3. No man can play lawfully at such games but those who are dispas<g ref="char:EOLhyphen"/>sionate,<note place="margin">37.</note>
and of sober spirits, under the command of reason and religion;
and therefore to play for money will be quickly criminal, for
<q>
                                 <l>Ploratur lachrymis amissa pecunia veris;<note place="margin">Juven. sat. 13.</note>
                                 </l>
                                 <l>Et majore domus gemitu, majore tumultu</l>
                                 <l>Planguntur nummi quam funera.</l>
                              </q>
Men may weep solemnly for the dead, but they will be heartily troubled
<pb n="479" facs="tcp:58903:550"/>
when their money is departed; and therefore there is but little sport in such
games. And this <hi>Alexander</hi> the Great rightly observ'd, when he set a fine
upon some friends of his,<note place="margin">Plutarch. in Reg. &amp; Imper<g ref="char:EOLhyphen"/>apoph.</note> 
                              <hi>quod in ludo aleae sensisset eos non ludere, sed velut
in re maximè seria versari, fortunas suas omnes aleae permittentes arbitrio,</hi>
because they did not play at dice, but contend as in a matter of greatest
concernment. And certainly so it is. For doe not all the nations of the
world think the defence of their money and estates a just cause of taking
up armes and venturing their lives? He that plays at games of fortune
should put nothing to fortunes conduct, but what he can perfectly subject
to reason every minute. <hi>Seneca</hi> tells that <hi>Julius Canus</hi> was playing at ta<g ref="char:EOLhyphen"/>bles,
when the Centurion being sent upon a desperate service, and went out
leading <hi>agmen hominum periturorum</hi> a troup of men to death, hapned
to call him out to march in that service. <hi>Julius Canus</hi> knew the danger
well enough, but being summon'd, call'd to his play-fellow to tell the men
upon the tables; and now, saies he, doe not say when I am dead that you
had the better of the game; and desir'd the Centurion to bear him witnesse
that he had one man more then the other. He that is thus even and serene
may fairly play; but he that would be so, must not venture considerable
portions of his estate, nor any thing, the losse of which displeases him and
shakes him into passion. Not that every displeasure, though for a trifle, is
criminal; but that every degree of it tends to evil, and the use of it is not
safe, and the effect may be intolerable.
<q>
                                 <l>Ludit cum multis Vatanas, sed ludere nescit:</l>
                                 <l>Et putat imperio currere puncta suo.</l>
                              </q>
If the chances will not run as we would have them, or if our passions will
not, then it is at no hand safe to play; unlesse to fret, and vex secretly for
trifles, to swear and lie, to blaspheme and curse, to cheat and forswear, to
covet and to hate can be innocent.</p>
                           <p>4.<note place="margin">38.</note> Upon these accounts it is that wise men advise that yong men be at
no hand permitted to play at dice or the like games. <hi>Ab isto lusu arcendi
sunt pueri,</hi>
                              <note place="margin">Anton Gu<gap reason="illegible" resp="#TECH" extent="1 letter">
                                    <desc>•</desc>
                                 </gap>va<g ref="char:EOLhyphen"/>ta. horol. Prine.</note> 
                              <hi>tum propter pecunias quas perdunt, tum propter vitia quae colli<g ref="char:EOLhyphen"/>gunt,
&amp; mores pravos quos inde addiscunt:</hi> Yong men and boys loose their
money and learn evil manners at such games, they have great passions,
fierce desires and quick angers, and their flames are stirr'd perpetually with
chance. It is a sad story that is told of the yong Prince,<note place="margin">per Anton. Guevata.</note> the onely son of
<hi>Claudius</hi> the Emperor, who when he had lost all his money at dice, and had
tir'd out all his invention for the getting more, and could not doe it fairly,
being impatient of his losse, and desirous of new hopes and ventures, he
stole a rich jewel from his Fathers closet, the Princes Tutor knowing and
concealing the theft. But it came to the Emperors ear, and produc'd this
tragedy. He disinherited his son, he banished all the Princes play-fellows,
and put the Tutor to death. Yong men are not to be trusted to play with
such aspics. And therefore <hi>Sidonius</hi> saies, <hi>Alea est oblectamentum senum, ut
pila juvenum,</hi> Tables for old men, and the Ball for yong men. <hi>Cato</hi> allows
to yong men, armes, horses and bows, and such like sports; but would have
dice and tables permitted to old men, whose minds are more to be refreshed
with diversion then their bodies by laborious exercise. And in allusion to
this, <hi>Augustus</hi> in his letter to <hi>Tiberius</hi> mention'd by <hi>Suetonius</hi> hath these
words, <hi>Inter coenam lusimus</hi> 
                              <gap reason="foreign">
                                 <desc>〈 in non-Latin alphabet 〉</desc>
                              </gap> 
                              <hi>&amp; heri &amp; hodie,</hi> Yesterday and to
day we plai'd like old men; that is, at tables. But this is matter of pru<g ref="char:EOLhyphen"/>dence,
<pb n="480" facs="tcp:58903:551"/>
and not of Conscience; save onely that old men are more masters of
reason and rulers of their passion, and a sedentary exercise being fittest for
them, they who cannot but remember that they are every day dying,
though possibly they need some divertisement to their busied and weary
spirits, yet they doe more need to remember their later end, and take care
to redeem their time, and above all things not to play for any considerable
money, not for any money the losse whereof is bigger then a jest: and they
that doe thus, will not easily doe amisse. But better then all these permis<g ref="char:EOLhyphen"/>sions
is that resolution of <hi>Cicero,</hi>
                              <note place="margin">orat. pro A<gap reason="illegible" resp="#TECH" extent="1 letter">
                                    <desc>•</desc>
                                 </gap>
                                 <g ref="char:EOLhyphen"/>chia <gap reason="illegible" resp="#TECH" extent="1 letter">
                                    <desc>•</desc>
                                 </gap>o<gap reason="illegible" resp="#TECH" extent="1 letter">
                                    <desc>•</desc>
                                 </gap>t.</note> 
                              <hi>Quantum alii tribuunt intempestivis con<g ref="char:EOLhyphen"/>viviis,
quantum denique aleae, quantum pilae, tantum mihi egomet ad haec studia
recolenda sumpsero,</hi> What time other men spend in feasting and revellings, in
dice and gaming, all that I spend in my studies: and that is very well. For
though there is good charity in preserving our health, yet there is a greater
necessity upon us that we doe not loose our time.</p>
                           <p>5. That our games may be innocent,<note place="margin">39.</note> we must take care they be not
scandalous, that is, not with evil company, not with suspicious company.
<hi>Ciceroni nequissimorum hominum in ludo talario consessus?</hi>
                              <note place="margin">ad Attic. ep. 13. l. 1.</note> shall <hi>Cicero</hi> suffer
base persons to sit and play at tables in his house? That's not well: and
therefore he objected it as a great crime to <hi>Marc Anthony, domum ejus ple<g ref="char:EOLhyphen"/>nam
ebriorum aleatorumque,</hi>
                              <note place="margin">in 2<hi rend="sup">â</hi> Philip<g ref="char:EOLhyphen"/>pic.</note> his house was frequented with gamesters and
drunkards. We must neither doe evil, nor seem to doe evil: We must
not converse with evil persons, nor use our liberty to our brothers preju<g ref="char:EOLhyphen"/>dice
or grief: we must not doe any thing which he with probability or with
innocent weaknesse thinks to be amisse, untill he be instructed rightly; and
if he be, yet if he will be an adversary and apt to take opportunities to re<g ref="char:EOLhyphen"/>proach
you, we must give him no occasion. In these cases, it is fit we ab<g ref="char:EOLhyphen"/>stain:
where nothing of these things does intervene, and nothing of the
former evils is appendant, we may use our liberty with reason and sobriety.
* And then, if this liberty can be so us'd, and such recreations can be inno<g ref="char:EOLhyphen"/>cent,
there is no further question, but those trades which minister to these
divertisements are innocent and lawfull.</p>
                        </div>
                     </div>
                     <div n="3" type="rule">
                        <head>RULE III. The act of the Will alone, although no external acti<g ref="char:EOLhyphen"/>on
or event doe follow, is imputed to good or
evil by God and men.</head>
                        <p>THe will of man in the production and perfecting of a sin hath six steps
or degrees of volition,<note place="margin">1.</note> in all which the sin is actual, excepting the first
onely. 1. The inclination of the will is the first; and <hi>that</hi> so far as it is
natural, so far it is innocent. Sin oftentimes enters in at that door, but the
door was plac'd there in the first creation; it was a part of that building
which <hi>God made and not man,</hi> and in which every stone and stick was good.
It was not made for sin, but for vertue; but it was made so, that if we
would bring sin in that way, it was in our choice, and at our perill. But al<g ref="char:EOLhyphen"/>though
this be the case of our natural inclination, yet if our inclinations be
<pb n="481" facs="tcp:58903:551"/>
acquir'd, or increas'd, or habitual, that is, if they become facilities and
promptitudes to sin, they are not innocent: for this state is a state of sin and
death, it is the effect of many vile actions and vile desires, it is an aversion
from and an enmity against God; it is a bed of desires which are sometimes
asleep, and then doe no more mischief then a sleeping wolfe, but when they
are awake they doe all the evil they can.<note place="margin">Vide Unum necessar. cap. 5. of Habitual sins.</note> And therefore the case of an ha<g ref="char:EOLhyphen"/>bitual
sinner is such, that even his first inclinations to any forbidden action
in the instance of his own habit are criminal as the external effect. But in
natural inclinations the case is different. 2. The first beginning of the sin
is when the will stops and arrests it self upon the tempting object, and con<g ref="char:EOLhyphen"/>sents
onely so far that it will have it consider'd and disputed. Then the will
is come too far, not when it is willing a thing should be disputed whether it
be lawfull or unlawfull, good or evil; but when it is willing it be considered
which is to be followed, Reason or Sense, wise counsels or sensual pleasures:
for when the will is gone so far it is past beyond what is natural, and come
so far towards choice and guiltinesse, that it is yet no more friend to ver<g ref="char:EOLhyphen"/>tue
then to vice, and knows not which to chuse. 3. The next step the will
makes is when it is pleas'd with the thought of it, and tasts the honey
with the top of a rod, a little phantastic pleasure before-hand in the medi<g ref="char:EOLhyphen"/>tation
of the sin. This prelibation is but the antepast of the action, and
as the twilight to the dark night, it is too near an approach to a deed of
darknesse. 4. When the will is gone thus far and is beyond the white lines
of innocence, the next step towards a perfect sin is a desire to doe the acti<g ref="char:EOLhyphen"/>on;
not clearly and distinctly, but upon certain conditions, if it were lawfull,
and if it were convenient, and if it were not for something that lies crosse
in the way. Here our love to vertue is lost, onely fear and God's restrain<g ref="char:EOLhyphen"/>ing
grace remains still for the revocation of the man to wisedome and se<g ref="char:EOLhyphen"/>curity.
5. But when this obstacle is remov'd, and that the heart consents to
the sin, then the Spirit is departed, and then there remains nothing but that
the sin be [6] contriv'd within, and [7.] committed to the faculties and
members to goe about their new and unhappy imployment; and then both
the outward and the inward man have combin'd and made up the body of
a sin. But the sin begins within, and the guilt is contracted by what is done
at home, by that which is in our own power, by that which nothing from
without can hinder. For as for the external act, God for ends of his own
providence does often hinder it; and yet he that fain would, but cannot
bring his evil purposes to passe, is not at all excused, or the lesse a Criminal
before God.</p>
                        <p>
                           <hi>Question.</hi>
                        </p>
                        <p>
                           <hi>But is it not a mercy for a man to be recalled from acting his adultery?</hi>
                           <note place="margin">2.</note>
                           <hi>is it not charity to two persons to keep</hi> Autolycus <hi>from killing the steward of</hi>
Stratocles? and if so, then there is sin in the action as well as in the affe<g ref="char:EOLhyphen"/>ction,
and the hand sins distinctly from the heart: but then it will be found
untrue to say that all our good and evil comes from the will and choice, and
yet it will not be possible to tell from what principle the evil of the hand
is derived, if not from the evil will. This brings a necessity of inquiring
into the union, or difference of the actions internal and external, and the
influence the will hath upon the external act, and whether it can have any
aggravation or degree beyond what it receives from the inward principle.</p>
                        <p>
                           <pb n="482" facs="tcp:58903:552"/>
To this therefore I answer,<note place="margin">3.</note> That all the morality of any action depends
wholly on the will, and is seated in the inner man; and the eye is not adul<g ref="char:EOLhyphen"/>terous,
but it is the instrument of an adulterous heart; and the hand is not
the thief before God, but the covetous desire is guilty: and this appears in
this, because if a man takes the goods of his neighbour, which he would
not have taken if he had suppos'd they had been his neighbours, he is in<g ref="char:EOLhyphen"/>nocent
before God. And yet it cannot be denied but it is worse to steal
then to covet, it is worse to humble and dishonour our neighbours wife then
to lust after her. But the reason is, because the doing of the action supposes a
great many precedent acts of lust, even the whole method and oeconomy
of sin: for every act of the will, every degree of desire is lusting or cove<g ref="char:EOLhyphen"/>tousnesse;
and the external act which supposes them all, is worse then all
them except the last. The natural inclination of the will is but a capaci<g ref="char:EOLhyphen"/>ty
or readinesse and disposition of the faculty, and is no act. But the arrest
and stop of the will, the delight in fancying, the desire of action, the con<g ref="char:EOLhyphen"/>sent
of the heart, and the deliberation and resolution, these are the acts and
products of the will; and the second is worse then the first, and the third
worse then the second, and so till we come to the immediate addresse to the
action: but that action is not worse then the last resolution and deliberate
purpose of the will; and therefore when it is charity to hinder the man from
acting his lust, it is therefore charity, because in the acting of the sin ex<g ref="char:EOLhyphen"/>ternally
there are more acts of the will, even the whole method of death
is completed, and the same acts of will are repeated, or confirm'd, and
there is mischief done to <hi>some person</hi> or to <hi>some interest,</hi> to <hi>something</hi> be<g ref="char:EOLhyphen"/>sides
the sinning man, and there are some contingencies and some circum<g ref="char:EOLhyphen"/>stances
to which new actions of the will must be consenting and give their
influence and renew their acts: but still, if we compare every consent and
deliberate purpose of the will with the action, or that part of the action
which is immediately produc'd in it, there is in that event no morality, and
no good, and no evil but what is first within. So that he who hinders a
man from acting of his lust, does hinder him not from sins distinct from
those of his will, but from more sins of the will, from repetition, or con<g ref="char:EOLhyphen"/>firmation,
or abiding in the same chosen folly.</p>
                        <p>Upon this account it will be easy to answer whether is the greater sin,<note place="margin">4.</note>
the wishing and desiring a very great evil, and willingly doing but a little
one, or the doing a very great evil and an intolerable mischief with a little
malice. For it is certain that the sin is much more increas'd by the malice
of the action and effect then by the malice of the will, if the malice of the
will be little, and the evil of the event be great and intolerable. For at
first to desire a very great mischief, and then to act but a little one, sup<g ref="char:EOLhyphen"/>poses
that the great malice went not to it's utmost period; it was desir'd,
but not resolved on, and deliberately determin'd: and then that malice
though in it self great, yet it was ineffective, and was retracted before it
was consummate by the will, and acted by her subjects the other faculties
and members. But now, if a great mischief be done by a little malice, to
that little malice all that event is to be imputed: though not to it alone, yet
to that malice manag'd by ignorance, carelessenesse and folly; which being
no excuses, but of themselves criminal appendages, the man shall be judged
by his action, not by his ignorant and imperfect choice; because though the
choice was naturally imperfect, yet morally and in the whole conjunction of
it's circumstances it was completely Criminal. If this thing happens to
<pb n="483" facs="tcp:58903:552"/>
be otherwise in any particular, God will discern it, and not man; for the
greatnesse of the mischief in humane laws and accounts supposes the great<g ref="char:EOLhyphen"/>nesse
of the malice, if malice at all, and not chance wholly was the prin<g ref="char:EOLhyphen"/>ciple.
But if the question be in the acting of a great mischief where the
sin most lies, in the will or in the event, I say it is originally in the will; and
it is equally in the event, if all that event was foreseen and known, al<g ref="char:EOLhyphen"/>though
it was not principally or at all design'd. He that steales a cow from
a widow, and does verily believe that the losse of her cow will not onely
undoe her, but break her heart, though he does not designe this, yet because
he knows it, all that event is to be imputed to him. They that abuse their
own bodies by abominable and unclean contacts, &amp; the sin of <hi>Onan,</hi> though
they design onely the pleasing of their lust, yet if they consider what they
doe, and what will be the event, they secondarily chuse all that event, and
are as guilty of it as of that which they principally design'd.
<q>
                              <l>—quòd pellice laevâ<note place="margin">Mart. Ep. 42. l. 9.</note>
                              </l>
                              <l>Uteris, &amp; Veneri servit amica manus,</l>
                              <l>Hoc nihil esse putas? scelus est, mihi crede, sed ingens,</l>
                              <l>Quantum vix animo concipis ipse tuo.</l>
                              <l>Ipsam crede tibi naturam dicere rerum,</l>
                              <l>Istud quod digitis, Pontice, perdis, homo est.</l>
                           </q>
For the internal act of the will and the external act of the man are but
one act, unlesse the instrument and the efficient cause produce two distinct
effects in every concourse; and whatsoever is done without is first consen<g ref="char:EOLhyphen"/>ted
to within, and is but the ministery and execution of the sin within. For
the act of chusing is the foundation of all morality: and therefore when
not onely the first design, but the appendages and other consequents are
foreseen, and yet the action is chosen, the will is guilty of so many evils as
it chuses directly and indirectly, principally and consequently.</p>
                        <p>But to reduce this doctrine to more minute and particular considera<g ref="char:EOLhyphen"/>tions<note place="margin">5.</note>
and order.</p>
                        <div type="part">
                           <head>Of the identity and diversity respectively of actions internal and
external, and the multiplications of sins by them.</head>
                           <p>1. Every external act proceeding from the internal makes but one moral
act, whether it be good or bad. The election and choice is the foundation:
and as they are many houses which are built upon many foundations, but
many chambers and galleries built upon one foundation is but one house,
though there be many rooms; so the internal and external relying upon one
<hi>basis</hi> operating to the same end, effecting the same work, having the same
cause, and being but several lengths of the same thrid, doe not make two
acts; as the soul seeing by the eye hath but one vision, and the will acting
by the hand does but her own act by her own instrument: and therefore
although they are <hi>Physically</hi> or <hi>Naturally</hi> several actions, because elicite and
acted by several faculties, yet <hi>morally</hi> they are but one; for what the hand or
eye alone does, is neither good nor evil, but it is made so by the mind and
will.</p>
                           <p>
                              <pb n="484" facs="tcp:58903:553"/>
2. If there be two acts of will in one external act,<note place="margin">6.</note> there is a double
malice or goodnesse respectively. A Prince commands his Almoner to
give much almes to the poor; the almoner being also a good man loves the
imployment, and does it very often: the external act is but the one ministery
of almes, but the internal is both obedience and charity.</p>
                           <p>3. The external act is the occasion of the intending or extending the
internal,<note place="margin">7.</note> but directly &amp; of it self increases not the goodnesse or the badnesse
of it. For <hi>the external act is not properly and formally good or bad,</hi> but
onely objectively and materially; just as a wall cannot increase the white<g ref="char:EOLhyphen"/>nesse,
unlesse the quality it self be intended by it's own principle. But as
heat in iron is more intense then it is in straw; so may the goodnesse or the
badnesse of an internal act be increased by the external: but this is onely
by accident. By instances of these several assertions, they will be more in<g ref="char:EOLhyphen"/>telligible.
When <hi>John</hi> surnam'd the Almoner commanded his boy to carry
an almes to a poor man that was sick in the next village, the boy sometimes
would detain it and reserve it for his own vanity; but S. <hi>John</hi> lost not the
reward of his charity, for his internal act was good, but it was no cause of the
outward event at all. And on the other side, when <hi>Maevius</hi> lay with his wife
<hi>Petronilla,</hi> supposing she had been <hi>Nicostrata,</hi> he was an adulterer before
God, though by the laws of men he was harmlesse. And if a man steals a
horse in the night from his neighbours field, and carries him away secretly,
and by the morning perceives it to be his own, he is no lesse guilty before
God and his Confesssor then if he had indeed stoln his neighbours. The rea<g ref="char:EOLhyphen"/>son
is, because the external act hath another cause, which is or may be in<g ref="char:EOLhyphen"/>nocent,
but the internal act was of it self completely evil and malicious. In
these cases, where the internal volition is not the cause of the external event,
the sin is terminated within, and that to him who is to be our Judge is as vi<g ref="char:EOLhyphen"/>sible
as any thing. But when the internal volition is properly the cause of
the action external, there more is done then it could doe alone. For in <hi>a good
work</hi> the will finds the difficulties which it could not perceive while it was
onely in purpose; and it is easy to resolve to be patient in sicknesse when we
feel nothing of it, but onely discourse it, and cast about in our easy minds
what we suppose it will be: but <hi>Tu si hic esses, aliter sentires,</hi> said the sick
man; it may be when it comes to be acted, the will shall find new work,
new difficulties, and will need new fortifications, and renewed resolutions,
and the repetition of acts, and fresh aids of reason: so that although all the
good or evil that is in all this, is the good or evil of the will; yet this is it
which I said, that the external action hath in it the materiality of good and
evil, and by accident the external act is better then the internal, that is, the
will does better when she reduces her purposes to act very often, then when
she does onely resolve. And for this very reason</p>
                           <p>4. The external act does superadde new obligations beyond those<note place="margin">8.</note>
which are consequent to the mere internal volition though never so perfect
and complete. For the external act is exemplar in vertue, or scandalous in
evil; it obliges to restitution, to Ecclesiastical censures and legal penalties,
in which there are active and passive duties incumbent on us (as I have re<g ref="char:EOLhyphen"/>presented
in the third book.) Thus also in good things; the external par<g ref="char:EOLhyphen"/>ticipation
of the Sacraments hath in it some advantages beyond the inter<g ref="char:EOLhyphen"/>nal:
but these things are accidental to the action, and nothing of the nature
of it; they are nothing of the direct morality, but the consequent of it;
<pb n="485" facs="tcp:58903:553"/>
which the sinner ought indeed to have consider'd beforehand, and to act or
to omit accordingly.</p>
                           <p>5. If the course and continuance of the outward act be interrupted,<note place="margin">9.</note>
and then proceeded in again, when the cause of the intercision is over, that
action seeming but one, is more then one sin, or vertuous act respectively.
He that resolves to bring up a poor orphan in learning and capacities of
doing and receiving worthy benefit, does often sleep and often not think
of it, and hath many occasions to renew his resolution: although his obli<g ref="char:EOLhyphen"/>gation
be still permanent, yet if he delights in it, and again chuses, so often
is the almes imputed to him, he does so many acts of charity. <hi>Titius</hi> in<g ref="char:EOLhyphen"/>tends
to give to <hi>Codrus</hi> a new gown at the next Calends, but forgets his in<g ref="char:EOLhyphen"/>tention;
but yet at the Calends does upon a new intention give him a gown.
This act is but one, but hath no morality from the first intention, but from
the second, though there were two internal acts of volition to the same
external; because the first did cease to be, and therefore could have no in<g ref="char:EOLhyphen"/>fluence
into the effect. But this multiplication of actions and imputati<g ref="char:EOLhyphen"/>ons
cannot be by every suddain and physical interruption, but by such an
interruption onely where the first intention is not sufficient to finish the
external act. Thus if a man against his will nod at his prayers, and awaken<g ref="char:EOLhyphen"/>ing
himself by his nodding proceed in his devotion, he does not pray twice,
but once, because the first intention is sufficient to finish his prayer. But if
he falls asleep over-night and sleeps till morning, his morning-prayer is upon
a new account, and his will must renew her act, or nothing is done. But in
instances of good this part of the Rule hath but little use; for no man will
dare to call God to a strict and minute reckoning, and require his reward
by number and weight. But in sinfull actions there is more consideration;
and if we be not strict in our weights and measures, God will; and if we
will not be sure to put enough into the ballance of repentance, there will
be too much in that of judgment and condemnation: and therefore it con<g ref="char:EOLhyphen"/>cerns
us as much as we can, to tell the number of our sins. Therefore</p>
                           <p>6.<note place="margin">10.</note> External actions in order to one end, though produc'd by one inter<g ref="char:EOLhyphen"/>nal
act or resolution of the will, yet doe not make one external act, unlesse
the end be at the same time acquir'd. Thus if the man resolves to lay wait
for his enemy till he have destroyed him, and therefore lays wait to day
and to morrow, and prevails not untill the third day, his sin is more then
one, though his resolution was but one. The reason is, because there must of
necessity be a repetition of the same resolution, or at least of some ministring
acts toward the perfecting that resolution; and although the resolution and
the end were one, yet to every ministring intermedial act there is also some
internal act proportionate. Thus every impure contact in order to impure
embraces are sins distinct from the final adultery, and so is the joyfull re<g ref="char:EOLhyphen"/>membrance
of it afterwards. But because these things have in them some
little intricacy, therefore I add this which is plain and usefull: Every re<g ref="char:EOLhyphen"/>newing
of an external action subordinate to a sinfull end is either a repea<g ref="char:EOLhyphen"/>ting
of the sin, or, which is all one, it is an aggravation of it; it extends it,
or intends it. He that calls a man fool three times together either com<g ref="char:EOLhyphen"/>mits
three sins, or one as great as three: and he that strikes seven blows to
kill a man, hath so many times lift up his hand against God; and though he
hath kill'd the man but once, yet he shall be avenged seven times. But if
after any notable interruption of the act, the intention be renewed, so often
<pb n="486" facs="tcp:58903:554"/>
is the sin repeated, though it be but one external event afterward. He that
resolves every day of the week to be absent from Divine service the Sun<g ref="char:EOLhyphen"/>day
following, is to estimate his sin by the number of his internal actions,
and not by the singularity of that omission.</p>
                           <p>7.<note place="margin">11.</note> Internal acts of the will are then multiplied, when they proceed
after an expresse revocation, or a deliberate intermission, or a considerable
physical interruption, or by an actual attendance to things incompossible
and inconsistent with the first resolution. There is no difficulty in these
particulars, save onely that in making judgments concerning them we pro<g ref="char:EOLhyphen"/>ceed
by prudent and moral proportions, by the usual measures of laws,
and the accounts of wise men; onely the extremes are evident and notori<g ref="char:EOLhyphen"/>ous.
For he that being upon his knees looses his attention for a minute
&amp; then recalls it, does not pray twice, or so often as he again thinks actually
of what he is doing; and we are sure that he who saies a <hi>Pater noster</hi> to day,
and another to morrow, does pray twice: and between these no certain rule
can be given but what is measur'd and divided by prudence and similitude
with the unity of natural and artificial compositions. But he onely does
well who secures his cases of conscience in this inquiry, by interrupting his
evil acts as soon as they begin, and gives them quite over as soon as they
are interrupted, and when he hath chosen well, perseveres as long as nature
and exteriour accidents will give him leave, and renews that choice as soon
as his divertisement can cease.</p>
                           <p>
                              <hi>Question.</hi>
                           </p>
                           <p>
                              <hi>In the pursuit of the matter of this Rule,</hi>
                              <note place="margin">12.</note> 
                              <hi>it is seasonable to inquire
concerning</hi> [what degrees of guiltinesse are contracted by the beginnings and
desires of wickednesse which are imperfect and unfinish'd.]</p>
                           <p>I have already<note n="*" place="margin">Lib. 3. Chap. 1. Rule 4.</note> given account that the inward acts of will are very often
punishable by humane laws, and from thence some light may be reflected to
this inquiry, which is concerning <hi>the estimate which God and the Conscience
are to make of imperfect actions:</hi> for though in humane accounts and the
estimate of our laws, that a thing is <hi>secret</hi> or <hi>public</hi> is a great difference and
concernment; yet in this question, and in relation to God and the conscience
immediately, it is nothing at all, for nothing here is secret, every thing is
visible, and it is always day here. But now the inquiry is <hi>concerning those
things which are imperfect,</hi> and so sometimes are secret as to men because
they are onely in desires, and sometimes they are public, but yet not finished
&amp; completed:<note place="margin">Quintil.</note> And here the rule is, <hi>Nunquam mens exitu aestimanda est.</hi> God
judges not by the event, but by the mind, by the good or ill will: so <hi>Apuleius,
In maleficiis etiam cogitata scelera, non perfecta adhuc, vindicantur, cruentâ
mente, purâ manu.</hi> He that thinks it, that is, that resolves it perfectly,
putting the last hand of the will to it, his mind is bloudy, though his hand
be pure, and shall find an equal vengeance. But this is to be understood of
the last act of the will, and that which is immediate to the external action;
if it be in counsel, that is, not whether it shall be done or no, but how it
shall be done, it is as bad and hatefull in the eyes of God as the external
violence.<note place="margin">Sententiar. 5.</note> To this purpose is that of <hi>Paulus</hi> the Lawyer, <hi>Consilium unius<g ref="char:EOLhyphen"/>cujusque,
non factum puniendum est, Not the fact; but the Counsel is to be
<pb n="487" facs="tcp:58903:554"/>
punished:</hi> by <hi>Counsel</hi> meaning the design and resolution, the perfect and
complete volition, which is then without all question come to the perfe<g ref="char:EOLhyphen"/>ction
of its malice and evil heart, when it is gone as far as to the beginning
of action. <hi>Insidiatus civi etiamsi non effecerit scelus, poenas tamen legibus
solvet,</hi> said <hi>Quintilian,</hi> He that lays a snare for a mans life shall smart for it,
though the man escape; the laws shall punish him: but if they doe not, it is
all one in Conscience.<note place="margin">in Andria, act. 1. sc. 4.</note> For as <hi>Donatus</hi> said well, <hi>Non perficere, sed conari
velle aliquid ad scelus, effectio est, etiamsi non potest fieri.</hi> It is nothing to
the sinner that God defends the innocent and rescues him from his fraud
or violence, or slander; he hath done his work when he resolv'd and endea<g ref="char:EOLhyphen"/>vour'd
it. For there is no degrees of morality beyond the last act of the
will: the sin or vertue may be <hi>extended</hi> by <hi>multiplication</hi> or confirmation of
the same acts, but no way <hi>intended</hi> beyond that act of the will which com<g ref="char:EOLhyphen"/>mands
execution.</p>
                           <p>But this distinction ought to be observed not onely in order to punish<g ref="char:EOLhyphen"/>ments
inflicted by humane laws upon Criminals accus'd of imperfect acts,<note place="margin">13.</note>
but in order to conscience. For though the whole morality of the act de<g ref="char:EOLhyphen"/>pends
upon the last purpose of the will, and is before God the fulnesse of
the sin in respect of degrees of any simple sin; yet when it passes on to ex<g ref="char:EOLhyphen"/>ecution
the will may grow worse by repetition of her acts, or abiding in
them, she may sin more sins. For the acts themselves about which there
are endeavours made, are not always perfect, so as the criminal can perfect
them; for it is not to all purposes perfect when the will hath commanded
the resolution to be acted, no nor when something is done towards it by the
sinning man, but something else may be added, and till it be, there is some
difference in the case. The examples will clear it. <hi>Priscus Merula</hi> resolves
to kill his brother <hi>Taurinus,</hi> and in order to it, buyes a dagger, way-lays him
as he goes to <hi>Augustus,</hi> set upon him, throws him down; but as he is
lifting up his hand to strike, hears a noise behind the hedge, and being af<g ref="char:EOLhyphen"/>frighted,
curses his brother and wished him dead, and runs away. <hi>Merula</hi>
is in the sight of God guilty of murder, and if he had kill'd him effective<g ref="char:EOLhyphen"/>ly,
there had been no greater malice, but more mischief, and more acts of
malice; and therefore the judges are to diminish something of his punish<g ref="char:EOLhyphen"/>ment,
not onely because the life of a citizen was not lost, but because <hi>Meru<g ref="char:EOLhyphen"/>la</hi>
had not done all his part of the murder, that is, his brother could not
have died, unlesse he had done something beyond what he did. But when
the <hi>Egyptian</hi> nobility being weary of a dull melancholy Prince, who by his
healthlesse spirit was good for nothing, gave him a brisk poison to dispatch
him; that which would have burnt to ashes any person that had any fire
within him, did but heighten him to the ordinary temper of another man,
it onely warm'd him into an active spirit, and he became a wise Prince.
Here the murder was not effected, but there was on the traytors part no<g ref="char:EOLhyphen"/>thing
wanting to the completing of the wickednesse: and therefore as in hu<g ref="char:EOLhyphen"/>mane
laws they are to have no abatement of sentence extraordinary, so in
the Court of Conscience they are to think of no excuse, no diminution, but
every thing is present that can make all that greatnesse which can be in the
nature of that sin: and in the first case there may be an alteration so timely
as to change the mind before it was at the utmost end of the line of wicked<g ref="char:EOLhyphen"/>nesse;
but in the second case, whether the effect follow or no, there is place
left for nothing, unlesse peradventure for repentance. That part which
concerns humane laws is alterable as men please, and in Christendome (un<g ref="char:EOLhyphen"/>lesse
<pb n="488" facs="tcp:58903:555"/>
it be in the greatest crimes) custome hath against the purpose of laws
given impunity to them who without effect have attempted to commit vile
actions; yet in the Court of Conscience and by the measures of religion
the matter is unchangeable.</p>
                           <p>There are some other ways of imperfect acts,<note place="margin">14.</note> which are to be regulated
by the proportion of these measures. 1. He that kills a child in his Mo<g ref="char:EOLhyphen"/>thers
wombe is as guilty of murder as he that kills a man in the field, if he
did equally intend it. In this it is true that the Lawyers and Physicians
distinguish the time of the abortion. If the child was efform'd into a hu<g ref="char:EOLhyphen"/>mane
shape it is capital by the laws; but not if it was inform and unshapen.
But in order to Conscience I perfectly consent to the doctrine of the old
Christians,<note place="margin">in Apologet. &amp; in Exhortat. castit. &amp; de Virg. velandis.</note> recorded by <hi>Tertullian, Etiam conceptum utero, dum adhuc san<g ref="char:EOLhyphen"/>guis
in hominem deliberatur, dissolvere non licet. Homicidii festinatio est
prohibere nasci. Nec refert natam quis eripiat animam an nascentem distur<g ref="char:EOLhyphen"/>bet.
Homo est, &amp; qui futurus est: etiam fructus omnis jam in semine est.</hi>
While the bloud is in deliberation whether it shall be male or female, it is
not lawfull to dissolve it; and he that intends to hinder it from life is but a
hasty murderer. He is guilty of inferring death who prevents that to have
life to which God and nature did design it. But this is owing to the choice
and design of the will, for the effect of one is much lesse then the effect of
the other upon many considerations: but if the malice was not lesse, the dif<g ref="char:EOLhyphen"/>ference
of the effect makes no diminution.</p>
                           <p>The other case is,<note place="margin">15.</note> 
                              <hi>If a man smite his neighbour that he die, he shall sure<g ref="char:EOLhyphen"/>ly
be put to death,</hi>
                              <note place="margin">Exod. 21. 12.</note> saith God to <hi>Moses.</hi> That is, if he purpose to smite him,
though he did not purpose to kill him, but wound him onely, he hath sinn'd
unto death. The Vulgar Latin reads it, <hi>Qui percusserit hominem volens
occidere] He that smites a man, willing to kill him.</hi> But this last clause is nei<g ref="char:EOLhyphen"/>ther
in the Hebrew nor the Greek. And though it is something lesse to in<g ref="char:EOLhyphen"/>tend
to wound him grievously, then to kill him; yet he that willingly gives
that wound which he would have doe him a mischief, and gives it so that it
does give him his death, had a malice so great that it could not well discern
between wounds and death. But in this case though it is certain God will
judge righteously, and make abatement if there be any cause; yet in humane
laws, and in the measures of his own repentance he will not and ought not
to find gentle sentences, but the whole perfect event will be imputed to the
imperfect act of his will. For it was too much that he was willing to
doe any mischief; and <hi>ex toto noluisse debet qui imprudentiâ defenditur,</hi> said
<hi>Seneca:</hi> He cannot pretend that the evil event was against his will, when it
is certain he did perfectly consent to a great part of it.</p>
                        </div>
                     </div>
                     <div n="4" type="rule">
                        <pb n="489" facs="tcp:58903:555"/>
                        <head>RULE IV. An involuntary effect proceeding from a voluntary
cause is imputed to the agent, as if it were volun<g ref="char:EOLhyphen"/>tary
and directly chosen.</head>
                        <p>HE that is Husband of the wife is justly presum'd to be the Father of the
child,<note place="margin">1.</note> and he that chuses the cause must own all those which are the ef<g ref="char:EOLhyphen"/>fects
and proper productions of it; and all causes are not immediate and
contiguous to the effect. He that drinks himself drunk that without fear
and shame he may fornicate, though when he fornicates he hath not the use
of his reason any more then of his modesty, and cannot deliberate, and
therefore cannot chuse, yet he is guilty of fornication as well as drunken<g ref="char:EOLhyphen"/>nesse.
He that eats high and drinks deep that in his sleep he may procure
pollution, is guilty of that uncleannesse as well as of that excesse, which S.
<hi>Paul</hi> intimates in those words, <hi>Make not provision for the flesh to fullfill the
lusts thereof;</hi> that is, what you design as the purpose of your intemperance,
is your crime, though it be a natural effect when things are by your choice
so disposed:<note place="margin">Luke 21. 34.</note> and when our Blessed Saviour commanded us to <hi>take heed of
surfeting and drunkennesse,</hi> he forewarned us as well of the effect as of the
cause; for <gap reason="foreign">
                              <desc>〈 in non-Latin alphabet 〉</desc>
                           </gap>, surfeting hath it's name from the
event, because it causes dissolutions of the nerves and dilutions of the
brain, and consequently palsies, which when we have contracted, we are by
our own fault disabled in the service of God. <gap reason="foreign">
                              <desc>〈 in non-Latin alphabet 〉</desc>
                           </gap>,
surfeting is the product of <hi>yesterdayes</hi> debauchery: and
since the effect is also forbidden, he that chuses it by delighting in the cause,
chuses also what is forbidden, and therefore that which will be imputed to
him.<note place="margin">Unum necessar. cap. 5.</note> But this I have largely proved upon a distinct account, by making it
appear that even a vitious habit, the facility and promptnesse to sin is an
aversion from God, and makes us hatefull by a malignity distinct from that
which is inherent in all the single actions. Thus he sins that swears by
custome, though he have no advertency to what he saies, and knows no<g ref="char:EOLhyphen"/>thing
of it: he chose those actions which introduc'd the habit, and he can
derive no impunity from his first crime: and he that is the greatest sinner
can never come to that state of things that he shall take God's name in vain,
and yet be held guiltlesse.</p>
                        <p>But this Rule is to be understood with these Cautions.<note place="margin">2.</note>
                        </p>
                        <p>1. The involuntary effect is imputed to the voluntary cause, if that
effect was foreseen, or if it was design'd, though when it be acted, the
foolish man knows but little of it, no more then a beast does of his own
acts of pleasure, which he perceives by sense, but does not by Counsel enter
into it. Of this there is no question, because he put his hand to a hook of
iron, and that being fastned upon the rich vessels in the house draws forth
what the man it may be knows not to be there; but his hand willingly
mov'd the iron hook, and therefore his hand and his will is the thief.</p>
                        <p>
                           <pb n="490" facs="tcp:58903:556"/>
2. The involuntary effect is not imputed to the voluntary cause,<note place="margin">3.</note> if
after it is chosen by the will in one act, it is revok'd by another before the
mischief be effected. Thus if <hi>Maevius</hi> shoot an arrow to kill <hi>Paternus,</hi>
and in the instant of it's egression <hi>nollet factum,</hi> repents of the intended
evil, that mischief which is then done shall not be imputed to him. This
indeed is generally said both by the Divines and Lawyers; but it hath no
effect at all that is material and considerable, save onely this, that the re<g ref="char:EOLhyphen"/>pentance
does wash away the guilt: but in true speaking the whole guilt
was contracted, because the act of the will was completed up to action and
execution, beyond which there can be no intension of the evil; but then the
effect is therefore not imputed because the cause also is pardon'd by the
meanes of repentance, and so it is even after the mischief is done. He that
by repentance recalls the mischief, shall by pardon be clear'd from guilti<g ref="char:EOLhyphen"/>nesse,
whether that repentance be before or after.</p>
                        <p>3. But that which we can rely upon in this particular,<note place="margin">4.</note> and of which
great use is to be made, is this, That though all the evil events which are
foreseen, or ought to have been consider'd, are imputed even then when
they are not in our power, to him who willingly brought in the cause of
those evils; yet whatsoever was not foreseen, and therefore not design'd,
nor yet chosen, by consequence and implication is not imputed to him that
brought that foolish necessity upon himself. Consonant to this is the do<g ref="char:EOLhyphen"/>ctrine
of S. <hi>Austin,</hi>
                           <note place="margin">lib. 22. contr. Faust. cap. 44.</note> 
                           <hi>Culpandus est Loth non quantum incestus in ebrietate ad<g ref="char:EOLhyphen"/>missus,
sed quantum ebrietas meretur, Lot</hi> was answerable for his drunken<g ref="char:EOLhyphen"/>nesse,
but not for his incest caused by his drunkennnesse, which he foresaw
not and designed not. But this case also suffers alteration. For if <hi>Lot</hi>
had been warned of the evils of his first nights drunkennesse, and yet
would be drunk the next night, he is not so innocent of the effect, the in<g ref="char:EOLhyphen"/>cest
lies nearer to him. Onely if after that monition he suspected as little
as at first, he was not indeed guilty of the incest directly, but of a more in<g ref="char:EOLhyphen"/>tolerable
drunkennesse and a carelesse spirit, who by the first sad event did
not consider and was not affrighted from the intolerable cause. But thus
if a servant throws himself into a pit, and breaks a leg or an arme that he
might not work, his not working is as much imputed to him as his uncha<g ref="char:EOLhyphen"/>ritable
injury to himself: but if afterwards, as <hi>Pyrrho</hi> saw his Master faln
into a ditch, and by reason of that first fall he cannot help his Master out,
that is not to be imputed to him; for he will'd it not, it was not included
virtually in any act of his will or understanding. And thus it is also in the
Divine judgements, which if we procure by our own vilenesses, all that
impotency and disability of obeying God in external religion which is con<g ref="char:EOLhyphen"/>sequent
to the suffering that judgment which himself procur'd, &amp; by which
he is faln sick or mad or lame, is not imputed to him; because to make him<g ref="char:EOLhyphen"/>self
guilty of a thing, it is not sufficient that he be the <hi>meritorious cause</hi> of
that which procur'd it, but he must be <hi>the voluntary and discerning cause.</hi>
That evil of which a man is onely the meritorious cause depends upon
another will besides his own, and is indeed an effect deserv'd by him, but
not willingly consented to, but very much against him; and therefore can
never be imputed to him to any other purpose but to upbraid his infelicity,
who justly suffers what he would not foresee, and now cannot avoid.</p>
                        <p>4. When a man falls into a state or condition in which he cannot chuse,<note place="margin">5.</note>
those acts which are done in that state are imputed to him, if they be such
<pb n="491" facs="tcp:58903:556"/>
acts to which no new consent is requir'd, but that it be sufficient that he
doe not dissent, and if those acts be consonant to his former will, all such
effects are imputed to the will. Thus if <hi>Titius</hi> being a Catechumen desir'd
to be baptized, and then falls into madnesse, or stupidity, or a lethargy he
is capable of being baptized, because nothing is in some persons requir'd
but a mere susceptibility, and that there be no just impediment; the grace of
the Sacrament being so mere a favour, that it is the first grace to which no<g ref="char:EOLhyphen"/>thing
on our parts is previous but that all impediments be removed. Since
therefore in this a man is passive, his present indisposition of making new
acts of election renders him not incapable of receiving a favour; always pro<g ref="char:EOLhyphen"/>vided
that there was in him no indisposition and impediment before his
present accident, but that he did desire it and was capable before: that vo<g ref="char:EOLhyphen"/>lition
hath the same effect in the present state of madnesse or stupidity as
it could have if he had been well. But when this comes to be reduc'd to
practice, I know of no material change it works upon the man in case he
dies in that sad affliction, but what was by the mercies of God laid up for
him upon the account of his own goodnesse and the mans former desire.
But if he does live, that susception of the Sacrament of baptisme is suffi<g ref="char:EOLhyphen"/>cient
for him for his whole life, and the daies of his recovery; that is, all that
which he could be bound to in the susception, is perform'd effectively in that
state in which he could not presently chuse. But I shall resume this consi<g ref="char:EOLhyphen"/>deration
and inquiry upon occasion of something to be explicated in the
sixth Rule of this Chapter.</p>
                        <p>5. But in matter of punishment the case is something different.<note place="margin">6.</note> The
case is this; <hi>Mizaldus</hi> a <hi>Florentine</hi> smote an Officer of the Great Duke in
the Court, and apprehending that he was in great danger of suffering a
great punishment, grew sad and impatient, and at last distracted <gap reason="illegible" resp="#TECH" extent="1 letter">
                              <desc>•</desc>
                           </gap> the que<g ref="char:EOLhyphen"/>stion
upon the case is,</p>
                        <p>
                           <hi>Question.</hi>
                        </p>
                        <p>
                           <hi>Whether or no Mizaldus may, being mad, be punished by death, or the
abscission of his hand, for a fact he did in his health and the days of under<g ref="char:EOLhyphen"/>standing.
To this the answers are various by reason of the several cases
that may arise.</hi>
                        </p>
                        <p>1. If the punishment cannot be inflicted without legal processe,<note place="margin">7.</note> trial,
conviction and sentence, the mad man cannot be punish'd, because he is not
capable of passing through the solennities of law: but if the sentence was
pass'd before his madnesse, then the evil may be inflicted, that is, it is just
if it be; and it may be done unlesse some other consideration interpose to
hinder it.</p>
                        <p>2. In punishments where no judicial processe is requir'd,<note place="margin">8.</note> a man that is
mad may be punish'd for what he did when he was sober. If a son strikes his
Father,<note place="margin">Bartol. in l. ex facto. in prin<g ref="char:EOLhyphen"/>cip. ff. de vulg. &amp; pupilla sub<g ref="char:EOLhyphen"/>stit.</note> and then falls mad, the Father may disinherit him for all his mad<g ref="char:EOLhyphen"/>nesse,
because the Father may proceed summarily and upon sense of the
crime; and he that by his own voluntary act did deserve it, is not by mad<g ref="char:EOLhyphen"/>nesse
made uncapable of the punishment, to which in this case nothing but
a passivenesse is requir'd.</p>
                        <p>
                           <pb n="492" facs="tcp:58903:557"/>
3. This also holds in cases of punishments <hi>ipso facto</hi> incurr'd, that
is,<note place="margin">9.</note> which a man is fallen into as soon as ever the crime is committed. And
of this there is a double reason; the one is because the punishment is actu<g ref="char:EOLhyphen"/>ally
incurred before he is actually mad, for the very crime it self is to him
as a Judge and sentence, and the sanction of the law is all the solennity: and
that's the other reason, consequent to the former; in this case there needs
no processe, and therefore the sinners indisposition cannot make him unca<g ref="char:EOLhyphen"/>pable
of passing into punishment.</p>
                        <p>4. In punishments <hi>Emendatory,</hi>
                           <note place="margin">10.</note> that is, such which besides the exem<g ref="char:EOLhyphen"/>plar
justice, intend to reform the Criminal, he that is fallen into madnesse
ought not to suffer them, whether the sentence be to be pass'd by the law
or by the Judge, whether it be solemn or summary, whether it be pass'd
before his calamity or after. The reason of this is plain, because such
punishments being in order to an end which cannot be acquired, are wholly
to no purpose, and therefore are tyrannical and unreasonable; the man is not
capable of amendment, and therefore not of such punishments which are
emendatory.</p>
                        <p>But after all this,<note place="margin">11.</note> the moderation of charity in Christian Judicatories
is such, as that they refuse to inflict corporal penalties on distracted people,
it being enough that they are already but too miserable.
<q>
                              <l>Solus te jam praestare potest</l>
                              <l>Furor insontem:<note place="margin">Senec. Herc. Fur.</note> proxima puris</l>
                              <l>Sors est manibus, nescire nefas.</l>
                           </q>
He that knows not what he does, or what he hath done, is next to him that
is innocent. And when the man is civilly dead, it is to little purpose to
make him sink further under the civil sword. That's a dreadfull justice and
security that would kill a man twice over. Onely when any thing of ex<g ref="char:EOLhyphen"/>ample,
or public interest, or detestation of the fact is concern'd, it may be
done according to the former measures, and for the present considerations;
just as it is in some cases lawfull to punish a man after he is dead, by denying
him an honourable or Christian sepulture: where although there be some<g ref="char:EOLhyphen"/>thing
particular in the case, the nature of this punishment being such, that
because we doe not bury them before they be dead, this evil must be inflicted
upon him that feels it not, or not all be inflicted; yet indeed it is true that
it ought not at all to be inflicted upon any direct account of justice, but
upon collateral considerations, as for terror and exemplarity; and so it may
be in the case of the present question.</p>
                     </div>
                  </div>
                  <div n="2" type="section">
                     <pb n="493" facs="tcp:58903:557"/>
                     <head>§. 2. Of the Diminutions of voluntary actions: and first of Igno<g ref="char:EOLhyphen"/>rance,
and it's influence into the morality of Humane actions.</head>
                     <div n="2" type="section">
                        <head> RULE V. Nothing is good or bad, but what we know, or con<g ref="char:EOLhyphen"/>cerning
which we can deliberate.</head>
                        <p>1. THe great measures of morality are,<note place="margin">1.</note> 
                           <hi>Chuse the good, and eschew the evil:</hi>
before these can be chosen or avoided they must be consider'd and dis<g ref="char:EOLhyphen"/>cern'd.
And therefore those things concerning which there can be no de<g ref="char:EOLhyphen"/>liberation
are neither morally good nor bad, and those persons who cannot
deliberate, can neither be vertuous nor vicious; but the things may be law<g ref="char:EOLhyphen"/>full,
and the persons be innocent, but both of them negatively, that is,
the things are not evil, and the persons are not criminal. And therefore
S. <hi>Paul</hi> celebrating the immense love of God to mankind,<note place="margin">1 Timoth. 4.</note> says that <hi>God
would have all men to be saved;</hi> and in order to this, he addes, he would
have all men <hi>come to the knowledge of the truth,</hi> as knowing this to be the
onely way: no man can be sav'd unlesse he knows saving truth, but every
man may be sav'd unlesse it be his own fault; and therefore there is to
every man reveal'd so much truth as is sufficient to his salvation. It may
be this saving truth is reveal'd by degrees, and so that he who hath the
first general propositions of nature and reason, and uses them well, shall
have more, even so much as is necessary untill he comes to all sufficient
knowledge. <hi>He that comes to God</hi> (saith S. <hi>Paul) must believe that God is,
and that he is a rewarder of them that diligently seek him.</hi> This is the Gen<g ref="char:EOLhyphen"/>tiles
Creed, but such as at first will be sufficient to bring them unto God;
whether when they are come he will give them his Holy Spirit, and teach
them whatsoever is yet necessary. I am not here to dispute what is
likely to be the condition of Heathens in the other world: it concerns not
us, it is not a case of Conscience: but we are sure that all me have the Law
of God written in their hearts; that God is so manifested in the creatures,
and so communicates himself to mankind in benefits and blessings, that no
man hath just cause to say he knows not God. We see also that the Hea<g ref="char:EOLhyphen"/>thens
are not fools, that they understand arts and sciences, that they dis<g ref="char:EOLhyphen"/>course
rarely well of the works of God, of good and evil, of punishment
and reward: and it were strange that it should be impossible for them to
know what is necessary, and stranger yet that God should exact that of
them which is not possible for them to know. But yet on the other side,
we see infinite numbers of Christians that know very little of God, and
very many for whom there is no course taken that they should know him;
and what shall be the event of these things is hard to tell. But it is very
certain that without a mans own fault, no man shall eternally perish: and
therefore it is also certain that every man that will use what diligence he
can and ought in his circumstances, he shall know all that in his circum<g ref="char:EOLhyphen"/>stances
is necessary; and therefore <hi>Justin Martyr</hi> said well, <hi>voluntate igno<g ref="char:EOLhyphen"/>rare
illos, qui res ad cognitionem ducentes hebent, nec de scientia laborant.</hi>
                           <pb n="494" facs="tcp:58903:558"/>
Every man hath enough of knowledge to make him good if he please:
and it is infinitely culpable and criminal that men by their industry shall be<g ref="char:EOLhyphen"/>come
so wise in the affairs of the world, and so ignorant in that which is
their Eternal interest; it is because they love it not.
<q>
                              <l>Non aurum in viridi quaeritis arbore,<note place="margin">Bo<gap reason="illegible" resp="#TECH" extent="1 letter">
                                       <desc>•</desc>
                                    </gap>th. lib. 3. de Consol. Phi<g ref="char:EOLhyphen"/>los.</note>
                              </l>
                              <l>Nec vite gemmas carpitis:</l>
                              <l>Non altis laqueos montibus abditis</l>
                              <l>Ut pisce ditetis dapes,</l>
                           </q>
No man looks for Emeralds in a tree, nor cuts his vines hoping that they
will bleed rubies or weep pearls. Which of all the Heathens or Christians
ever went to take goats in the <hi>Tyrrhene</hi> waters, or look'd for Crystall in
a furnace? Many know what pits have the best Oysters, and where the fat<g ref="char:EOLhyphen"/>test
Tortoise feeds.
<q>
                              <l>Sed quonam lateat quod cupiunt bonum</l>
                              <l>Nescire caeci sustinent:</l>
                              <l>Et quod stelliferum trans abiit polum</l>
                              <l>Tellure demersi petunt,</l>
                           </q>
and yet they look for immortality in money, and dig deep into the earth,
hoping there to find that blessednesse which their reason tells them dwells
beyond the starres. Men have enough of reason and law put into their
hearts by which they read the will of God; and therefore no man can in the
universall lines and measures of salvation pretend ignorance: I am sure we
cannot, and that is all that concerns us. And therefore ignorance in the
Law of God, in that which concerns our necessary duty, is so far from ex<g ref="char:EOLhyphen"/>cusing
any thing it causes, that it self is very criminal. <hi>Non est levius
omnino nescire quod liceat,</hi>
                           <note place="margin">Seneca.</note> 
                           <hi>quam facere aliquid quod scias non licere,</hi> To
doe somethings that we know to be unlawfull, is not so great a crime, as
to be wholly ignorant of what is and what is not lawfull. So that since the
great end why God hath given us liberty and election, reason and under<g ref="char:EOLhyphen"/>standing,
is that by these we should serve him and partake of his felicities,
it follows that in all that is of necessity to our salvation God is not wan<g ref="char:EOLhyphen"/>ting
to give us sufficient notice; and of good and evil in general every man
that hath the use of reason does or may understand the rules and diffe<g ref="char:EOLhyphen"/>rences.</p>
                        <p>But if we descend to particular rules and laws,<note place="margin">2.</note> the case is different.
So <hi>Gregory Nyssen</hi> said,<note place="margin">lib. 5. de Phi<g ref="char:EOLhyphen"/>losoph. cap. 2.</note> 
                           <hi>Universalium secundum electionem non esse invo<g ref="char:EOLhyphen"/>luntariam
ignorantiam, sed particularium,</hi> A man cannot against his will
be ignorant of the universal precepts that concern our life Eternal and Ele<g ref="char:EOLhyphen"/>ction,
but of particulars a man may. That a man must not oppresse his
brother by cruel or crafty bargains every man ought to know: but there
are many that doe not know whether all usury be a cruelty or oppression,
or in any sense criminal. But concerning these things we may better take
an estimate by the following measures.</p>
                        <div type="part">
                           <head>Of what things a man may or may not be innocently ignorant.</head>
                           <p>1. No man can be innocently ignorant of that which all the Nations
of the world have ever believed and publicly professed;<note place="margin">3.</note> as <hi>that there is a
<pb n="495" facs="tcp:58903:558"/>
God;</hi> that <hi>God is good and just and true;</hi> that <hi>he is to be worshipped;</hi> that <hi>we
must doe no more wrong then we are willing to receive or suffer.</hi> Because
these things and the like are so conveyed to us in our creation that we know
them without an external Teacher; and yet they are so every where taught,
that we cannot but know them, if we never consulted with our natural
reason.</p>
                           <p>2. No Christian can be innocently ignorant of that which the Catho<g ref="char:EOLhyphen"/>lic
Church teaches to be necessary to salvation.<note place="margin">4.</note> The reason of this is, be<g ref="char:EOLhyphen"/>cause
every one that knows any thing of God, and of heaven and hell, as
every Christian is suppos'd to doe, cannot but know it is necessary he learn
something or other in order to it; and if any thing, then certainly that
which is necessary: and of that nothing can so well judge, nothing can teach
so readily as the whole Church; for if the whole Church teaches it as ne<g ref="char:EOLhyphen"/>cessary,
then it is taught every where, and at all times, and therefore to be
ignorant of such things can never be suppos'd innocent.</p>
                           <p>3. Of that which is by several Churches and societies of wise and good
men disputed,<note place="margin">5.</note> a man may be innocently ignorant; for there is suppos'd dif<g ref="char:EOLhyphen"/>ficulty,
and obscurity, and every degree of these is the greatest indication
that there is not of them any absolute necessity. What God hath made
necessary to be known, he hath given sufficient means by which it can be
known. But because every man cannot dispute, and of them that can,
very many doe it to very little purpose, and they had better let it alone, and
by disputing men often make more intrigues, but seldome more manifesta<g ref="char:EOLhyphen"/>tions
of what is obscure; it is certain that which cannot be known but with
some difficulty and more uncertainty, may be unknown with very much
innocence.</p>
                           <p>4. Those things which doe not concern good life,<note place="margin">6.</note> and the necessities
of this world and of the other, are not of necessity to be known by every
one; because there is beyond these no common and universal necessity. But
beyond these.</p>
                           <p>5. Whatsoever concerns every mans duty in special,<note place="margin">7.</note> to which he is
specially oblig'd, of that he cannot innocently be ignorant, because he hath
brought upon himself a special obligation of a new duty, to which he
must take care that sufficient aides and notices be procur'd. Thus must a
Bishop understand not onely the articles of faith, but the rules of manners,
not onely for himself, but for those which are under his charge; he must
be able to instruct others in the mysteries of religion, and to convince the
gainsayers; that is, he must have knowledge sufficient to doe what God re<g ref="char:EOLhyphen"/>quires
of him, and what himself hath undertaken. * But then as there is
in the duty of every Christian, so there is in the charge of every office,
some things that are primely necessary, some things that are onely usefull,
and some for ornament, and some for excellency and perfection. So that
as of every Christian so much knowledge is requir'd, that he be not igno<g ref="char:EOLhyphen"/>rant
of what is necessary for his great calling, but of other things lesse ne<g ref="char:EOLhyphen"/>cessary
there is lesse knowledge requir'd; so it is in every special calling.
For although a Bishop must know how to teach sound doctrine, and to re<g ref="char:EOLhyphen"/>prove
evil manners; &amp; if he knows not these things, his ignorance is crimi<g ref="char:EOLhyphen"/>nal:
yet a Bishop may be innocent and laudable though he be not so learned
<pb n="496" facs="tcp:58903:559"/>
as S. <hi>Gregory Nyssen. Valerius</hi> the Bishop of <hi>Hippo</hi> was a good man and a
good Bishop, yet he was not so instructed and able as his successor S. <hi>Au<g ref="char:EOLhyphen"/>stin;</hi>
and <hi>Nectarius</hi> of <hi>Constantinople</hi> was accounted a good Patriarch, yet
he was very far short of S. <hi>Chrysostome.</hi> Of what is more then of simple
necessity, some may be innocently ignorant, but yet very few are. Because
God hath not confin'd his providence and his spirit to the ministery onely
of what is merely and indispensably necessary: and therefore when God
hath largely dispensed and open'd the treasures of his wisedome and hea<g ref="char:EOLhyphen"/>venly
notices, we should doe well not to content our selves with so much
onely as will keep us from perishing. Therefore that the Conscience may
be directed how far it's obligation of inquiry does extend, and may be at
peace when it inquires wisely whether the duty be done, these are the best
measures whereby we can take account.</p>
                        </div>
                        <div type="part">
                           <head>What diligence is necessary that our ignorance may be innocent.</head>
                           <p>1. Our inquirie after things necessary must have no abatement or di<g ref="char:EOLhyphen"/>minution,<note place="margin">8.</note>
nothing lesse then that it be so great and diligent as that the
work be done. Because whatsoever is necessary is sufficiently communi<g ref="char:EOLhyphen"/>cated,
and without that we cannot doe our duty, or receive the felicity de<g ref="char:EOLhyphen"/>sign'd
for us; and in that where God's part is done, if the event answer not,
it is because we have not done our part, and then we are not innocent.
So that in these inquiries we are no otherwise to make a judgement of
our diligence then by the event: whatsoever is lesse then that, is lesse then
duty.</p>
                           <p>2. But in things not absolutely necessary,<note place="margin">9.</note> such which are of conve<g ref="char:EOLhyphen"/>niency
and ornament, of advantage and perfection, it is certain we are not
tied to all diligence that is naturally possible: and the reason is, because these
things are not simply necessary, and therefore not of necessity to be ac<g ref="char:EOLhyphen"/>quir'd
by all means. Adde to this, if a man were bound to use all dili<g ref="char:EOLhyphen"/>gence
to acquire all notices that can be usefull to him in his general or in
his special calling, he should fall under a perpetual rack of Conscience. For
considering that a mans life were not sufficient to doe this in some callings,
and it is necessary in this world that a man doe many things more then the
works of his office, he could never be suffer'd to attend to any necessity
but what is mere and indispensable and indivisible, and never use any diver<g ref="char:EOLhyphen"/>tisement,
recreation, variety or ease, but he must first be tied upon the
wheel, and feel the pains of a doubting and tormenting Conscience, by rea<g ref="char:EOLhyphen"/>son
of the impossibility of knowing whether we have done all that we can.</p>
                           <p>3. In acquiring notices concerning doing any work with advantages
a moral diligence is necessary:<note place="margin">10.</note> for he that stops at the gate of simple necessi<g ref="char:EOLhyphen"/>ty
hath some love to himself, and great dread of God, but no love to him;
for love cannot consist with a resolution of knowing no more then we must
needs; to get so much and no more will well enough serve the ends and the
design of fear, but not of love: and therefore although the man that does
so is innocent as long as he is in that state, and as long as that state is ac<g ref="char:EOLhyphen"/>ceptable;
yet because the state of fear is but the state of infancy and imper<g ref="char:EOLhyphen"/>fection,
it must proceed further, or be imperfect for ever; that state will
not be accepted long. For if a man does his duty in that state, he shall be
<pb n="497" facs="tcp:58903:559"/>
enabled to goe further; and then he must, or else he sins by despising the
spirit of grace. But if he does not doe his duty in the first state, then he
must not in that state of carelesnesse and neglect of using moral diligence
pretend that he is innocent. A man that hath been blessed in his first at<g ref="char:EOLhyphen"/>tempts
must still follow the method and Oeconomy of the Divine spirit;
that is, as God increases in aides, so the man must increase in diligence
and labour, and must use what means are before him to doe still better and
better.</p>
                           <p>4. In acquiring notices not simply necessary,<note place="margin">11.</note> 
                              <hi>a moral diligence</hi> is suffi<g ref="char:EOLhyphen"/>cient.
This is an immediate consequent of the second Rule, and therefore
needs not particular confirmation, but explication rather.</p>
                           <p>Therefore by <hi>Moral diligence</hi> is to be understood such a diligence in
acquiring notices as can * 1. consist with our other affairs, and the requi<g ref="char:EOLhyphen"/>sites
of our calling and necessities; * 2. such as is usual by our selves in the
obtaining things which we value; * 3. such which is allowed by wise men,
such which a spiritual guide will approve; * 4. and such as we our selves
doe perceive to be the effects of a real desire. For there ought to be no<g ref="char:EOLhyphen"/>thing
of scruple or vexation in the acts of this diligence, nor in the inqui<g ref="char:EOLhyphen"/>ries
concerning it. And therefore if we are sure we desire to know what
we can, and doe towards it such like things as we doe in the purchase of
other things which we greatly value, we may be at peace. For this thing
does not consist in an indivisible point, it is not just thus much, neither
more nor lesse; but it is more or lesse according as our love is and our lei<g ref="char:EOLhyphen"/>sure,
our opportunities and abilities: and if we cannot judge concerning
our selves so well as to rest in peace, let us ask a spiritual guide, having
first declar'd to him the narrative of our life and actions whereby he shall
be enabled to make a judgement.</p>
                        </div>
                        <div type="part">
                           <head>What is a probable ignorance?</head>
                           <p>Upon this account we can also give the measures and definitions of a
<hi>probable ignorance,</hi>
                              <note place="margin">12.</note> that is, such an ignorance which is next to an invincible
or an irremediable ignorance: this the Schools call <hi>probable.</hi> For as the
<hi>invincible ignorance</hi> is a mere nescience, and is either of such things which
we are not bound to know, because God requires them of no man; or of
such things which we cannot know, because we never heard of them, and
are not taught sufficiently, and so God will not require them of us: so
next to this stands <hi>the probable ignorance,</hi> that is, when the things are pro<g ref="char:EOLhyphen"/>pounded
to be known, and can be known if we would use all our natural
and possible diligence; but yet because God hath not plac'd them in a neces<g ref="char:EOLhyphen"/>sary
order to salvation, he hath not tied us to use all our natural diligence,
but some diligence he does require, which when we have us'd, and yet misse,
the ignorance is probable. Now when that is so, we shall learn by the pro<g ref="char:EOLhyphen"/>portions
to the description of the parts and requisites of a moral diligence,
and by these following measures.</p>
                           <p>1. Then our ignorance is <hi>probable,</hi>
                              <note place="margin">13.</note> when we enter upon the action
without temerity, and yet without doubt or trepidation; that is, when our
addresse is with consideration, but we find no reluctancy against the action,
<pb n="498" facs="tcp:58903:560"/>
nor remorse after it. For then it must be that we have faith, and doe it
with a good mind, not against our Conscience; and yet having no fierce<g ref="char:EOLhyphen"/>nesse
of passion or fancy, and a mind wary enough to discern any objection
that is near, it will be very probable that there is none at all but what stands
a great way off, and therefore farre enough from disturbing the innocence
of the action.</p>
                           <p>2. But this is to be understood onely in the ordinary accidents and
traverses of our lives.<note place="margin">14.</note> But if it be in matters of great concernment, such
as are above our ordinary imployments, as if it be in the actions and duties
of an eminent office, it is not sufficient that we have no regret or remorse,
but we must have an actual consideration, a plain perceiv'd deliberation and
counsel, and then no regret. It is not here enough that we have nothing
against it, but we must have something for it, because in such persons and
in such accidents the processe ought to be more then ordinary; that as there
are greater abilities requir'd to the performance of that office, so there
may be a proper use and exercise of those abilities. And there is in this a
great evidence of truth. For in ordinary things, it is very often so that
they are well enough if they have not evidently any evil in them. But in
the actions of public imployments things are not so indifferent; they doe
hurt unlesse they doe good, they are scandalous if they be suspicious;
they are design'd always to doe benefit, and if they doe not they cannot be
justified, and therefore they must be look'd on with an actual consideration:
in which state of things it is certain that every thing will occurre that is
obvious to be considered; and what it not obvious to such persons is indeed
very difficult, and may well be suppos'd to leave a probable and very excu<g ref="char:EOLhyphen"/>sable
ignorance.</p>
                           <p>3. This also is to be extended to the case of confident asseverations,<note place="margin">15.</note>
and confirming any proposition with an oath, in which no man can have
a probable ignorance, but he that hath us'd a diligence of inquiry so great
as to give confidence great enough to an oath, which must be of a thing so
sure, that nothing can be a cause of doubt, unlesse some secret and undis<g ref="char:EOLhyphen"/>cerned
thing, to which a great and proportionable diligence hath not ar<g ref="char:EOLhyphen"/>riv'd
and made discovery, doe accidentally intervene. No man must
swear a thing is so, and yet at last say, I did <hi>bonâ fide</hi> suppose it so: but I
examin'd it, I search'd as well as I could, I entred into all the corners of it,
I had great reasons to believe, I had fair assurances it was so, and I every
day am assur'd of many things of which I had lesse testimony. If beyond
this any thing escapes him, the ignorance is probable and excusable. But
the rule is the same as at first: He is sufficiently and innocently confident,
who hath no distrust, and upon inquiry finds no cause of distrust; always
provided that the inquiry be in proportion to the dignity, and difficulty,
and duty of the occasion and subject matter.</p>
                           <p>By the use of these premisses it will be easy to determine <hi>Plato</hi>'s Case
of Conscience which he propounded to <hi>Hippias</hi> the Sophister.<note place="margin">16.</note> Whether
is the better or worse,<note place="margin">l. de Mendacio.</note> he that sins willingly, or he that sins by folly &amp; igno<g ref="char:EOLhyphen"/>rance?
of them that wrastle, whether is the more inglorious, he that falls
willingly, or he that is thrown in despite of himself and all his strength?
whether foot is better, that which halts upon designe, or that which halts
with lamenesse? whether were it better for a man to have a fool or a knave
<pb n="499" facs="tcp:58903:560"/>
to his servant? But this discourse of <hi>Plato</hi> concerns arts onely and sciences.
But <hi>Hippias</hi> answer'd well, It was not so in vertues; the differences of which
<hi>Plato</hi> did not seem to discern,<note place="margin">lib. 6. Ethic. cap. 5.</note> but <hi>Aristotle</hi> afterwards very well explicated.
The sense of which in order to the purpose of the present Rule is well ex<g ref="char:EOLhyphen"/>pressed
by <hi>Seneca;</hi>
                              <note place="margin">Epist. 98.</note> 
                              <hi>Vis scire quam dissimilis est altarum artium cognitio &amp;
hujus? In illis excusatius est voluntate peccare quam [casu,] ignorantiâ: in
hac maxime culpa est, sponte delinquere.</hi> If a Grammarian speaks a soloe<g ref="char:EOLhyphen"/>cisme
on purpose, he blushes not; but if ignorantly, he hath reason to be
asham'd. If the Physician knows not what his patient ailes, it is more
shame to him then if he on purpose names a wrong disease. <hi>At in hac parte
vivendi, turpior volentium culpa est;</hi> But in manners to erre willingly is
the more intolerable. The reason of these things is plain, which who
please may read in<note n="a" place="margin">in l. 6. Eth. c. 5.</note> 
                              <hi>Gifanius</hi> the interpreter of <hi>Aristotle,</hi> and<note n="b" place="margin">in Hippia minor.</note> 
                              <hi>Marsilius Fi<g ref="char:EOLhyphen"/>cinus</hi>
the expositor of <hi>Plato:</hi> for indeed it is evident that to moral actions
the rectitude of the appetite is requir'd, not so to arts and sciences and the
vertues intellectual. It is enough to art that the work be well done, though
with what mind it matters not as to that: and when the <hi>Italian</hi> painter, who
was to depict a Crucifix, hir'd a slave to be tied to a Crosse, that he might
lively represent a body so hanging and so extended, did afterward stab him
to the heart, that he might see and perceive every posture and accent and
little convulsion of a dying man, he was very much the worse man for it,
but no whit the worse Painter; as appear'd by the incomparable excellency
of that piece; and the principles of Art cannot be corrupted with the evil
manners of the Man: but because evil desires pollute the manners, the will
is to be taken care of, as the principle of all morality. To which we may
adde that he who in arts erres willingly, can mend it when he please; but
so cannot he that erres ignorantly. Ignorance is the onely disparagement
of his art, and malice is the onely disparagement of our manners.</p>
                           <p>But this, though disputed to little purpose amongst the Philosophers,<note place="margin">17.</note>
may be of good use in Cases of Conscience.<note place="margin">Sleidan. lib. 4.</note> Cardinal <hi>Campegius</hi> having
wickedly said to the Senate at <hi>Norimberg,</hi> that it was worse for a Priest to
marry then to fornicate, offer'd in justification of it a reason that could
lesse be justified. For (saith he) the Priest that fornicates knows he does
amisse, and therefore may in time repent; but the Priest that marries thinks
he does well, and therefore will never change his mind, he will never re<g ref="char:EOLhyphen"/>pent.
It is true, he needs not, because he believes he does well; and he is
not deceiv'd. But suppose he were deceiv'd, and abus'd by error, what
man before him was ever so impious as to say that he that knows he does
evil is in a better condition then he that erres with a good mind, &amp; supposes
he does very well? For the present, the state is infinitely different: &amp; for the
time to come, which is the more likely to obtain mercy, he that does a thing
ignorantly, or he that does it maliciously, we shall not need to appeal any
whether but to all the notices of vertue and vice which are in mankind.</p>
                           <p>Indeed there are some sins of ignorance,<note place="margin">18.</note> that is, such which are sub<g ref="char:EOLhyphen"/>jected
in the understanding, which are worse then some sins of malice, or
such which are subjected wholly in the will and the faculties which obey
it. Thus to be ignorant of the fundamental articles of faith is a worse
state of things then to have committed an act of gluttony, or to have en<g ref="char:EOLhyphen"/>tertain'd
a wanton thought, or to have omitted Divine service upon a Fe<g ref="char:EOLhyphen"/>stival.
They <hi>Jewes</hi> had an opinion that thoughts were free, and God did
<pb n="500" facs="tcp:58903:561"/>
not require them of us with severity; but a thought against faith, that
was highly criminal. <hi>Cogitationem pravam Deus non habet vice facti, nisi
concepta fuerit in Dei fidem atque religionem,</hi>
                              <note place="margin">in Psal. 66. v. 18.</note> said <hi>R. David Kimchi;</hi> mea<g ref="char:EOLhyphen"/>ning
that no sin was greater then heresy, or an error in faith. But the rea<g ref="char:EOLhyphen"/>son
of this is, not onely because the effect of heresy is, like the plague,
infectious and disseminative; but because by how much the articles of faith
are more necessary to be believed, by so much is the ignorance of them
more criminal, and more voluntary, and therefore lesse excusable. But
even in matters of faith, where there is lesse of malice or wilfull negli<g ref="char:EOLhyphen"/>gence
ingredient into the ignorance of them, there the crime is lesse then
any thing else, be the instance what it will. But this will be more expli<g ref="char:EOLhyphen"/>cite
in the sequel.</p>
                        </div>
                     </div>
                     <div n="6" type="rule">
                        <head>RULE VI. Ignorance does always excuse the fact, or diminish
the malignity of it, or change the kind and na<g ref="char:EOLhyphen"/>ture
of the sinne.</head>
                        <p>IGnorance according to it's several capacities,<note place="margin">1.</note> and the several methods
of art and ways of speaking, hath several divisions. But all are redu<g ref="char:EOLhyphen"/>cible
to this in order to Conscience. Ignorance is either <hi>voluntary</hi> or <hi>in<g ref="char:EOLhyphen"/>voluntary.</hi>
It is <hi>vincible</hi> or <hi>invincible,</hi> that is, it can be helped or it can
not. It is <hi>the cause of an action,</hi> or it <hi>onely goes along with it.</hi> And of these
several ignorances there are many degrees, but no more kinds that are here
fit to be considered.</p>
                        <p>1. The first sort of ignorance,<note place="margin">2.</note> which is <hi>involuntary, invincible,</hi> and
<hi>antecedent,</hi> that is, is <hi>the cause of an action,</hi> so that the thing would not be
done but by that ignorance, does certainly make the action also it self
involuntary, and consequently not criminal. In this sense is that of the
law,<note place="margin">l. 9. ff. de jur. &amp; fact. ignor. &amp; l. 20. ff. de aqua &amp; aquae pluvi.</note> 
                           <hi>Errantis nulla voluntas, nullus consensus,</hi> They that know nothing
of it, consent not. This is meant of ignorance that is involuntary in all
regards, that is, such as is neither chosen directly nor indirectly, but is
involuntary both in the effect and in the cause. Thus what fools and
mad-men and infants doe is not at all imputed to them, because they have
no understanding to discern good from evil, and therefore their appetite
is not deprav'd or malicious which part soever they take.<note place="margin">l. 3. §. 2. ff. de injur.</note> 
                           <gap reason="foreign">
                              <desc>〈 in non-Latin alphabet 〉</desc>
                           </gap>,
saith the law, according to the interpretation
of the <hi>Greeks.</hi> Injury proceeds from the affection, and consequently we say
that a mad-man or an infant if they strike or reproch anyone they are not cri<g ref="char:EOLhyphen"/>minal,
they have done no injury because they perceiv'd it not. <hi>Nec reputantur
infantiae anni qui sensu carent,</hi> saith <hi>Pliny;</hi> The years of infancy come not un<g ref="char:EOLhyphen"/>der
the notice of laws and judges, of right or wrong, for they have no reason,
that is,<note place="margin">de Hippocrat. &amp; Platon. placit.</note> they use none. So <hi>Galen,</hi> 
                           <gap reason="foreign">
                              <desc>〈 in non-Latin alphabet 〉</desc>
                           </gap>,
All the scholars of
<hi>Chrysippus</hi> constantly affirm that beasts and babies have no use of reason.
<pb n="501" facs="tcp:58903:561"/>
And <hi>Iamblichus</hi> suppos'd that the rational soul was not infus'd into chil<g ref="char:EOLhyphen"/>dren
before the tenth year of their age.<note place="margin">apud Stobaeu<gap reason="illegible" resp="#TECH" extent="2 letters">
                                 <desc>••</desc>
                              </gap> in Physicis Eclogis.</note> But that is more reasonable which
almost all wise men (excepting the Stoics) affirm, and is thus expressed by
<note n="a" place="margin">de Anima.</note> 
                           <hi>Gregory Nyssen,</hi> and his contemporary<note n="b" place="margin">de Nat. Hom. cap. 2.</note> 
                           <hi>Nemesius</hi> in the very same words;
<gap reason="foreign">
                              <desc>〈 in non-Latin alphabet 〉</desc>
                           </gap>,
<hi>Although in infants there is no action or motion of reason,
yet we say that they have a reasonable soul, for they manifest the use of it
when they are growing up.</hi>
                        </p>
                        <p>But this occasions a difficulty in this subject.<note place="margin">3.</note> For we see the ratio<g ref="char:EOLhyphen"/>nal
soul exercising it's operations in some sooner in some later; and as the
body grows in strength and grandeur, so does the soul in the use of reason
and powers of deliberation and choice.
<q>
                              <l>Nam velut infirmo pueri teneroque vagantur</l>
                              <note place="margin">Lucret. l. 3.</note>
                              <l>Corpore, sic animi sequitur sententia tenuis.</l>
                              <l>Inde ubi robustis adolevit viribus aetas,</l>
                              <l>Consilium quoque majus, &amp; auctior est animi vis.</l>
                           </q>
And <hi>Hippocrates</hi> addes that the soul does always grow, <gap reason="foreign">
                              <desc>〈 in non-Latin alphabet 〉</desc>
                           </gap>,
A mans soul is born every day of a mans life, it always
receives some increment. Now the question is
<hi>How long shall infant ignorance or childshnesse excuse so far as that the
actions they doe shall be reckon'd neither to vertue nor to vice?</hi>
                        </p>
                        <p>To this it will not be possible to give a strict and definite answer,<note place="margin">4.</note> but
a rule and a measure may be given. <hi>Possidonius</hi> said, <gap reason="foreign">
                              <desc>〈 in non-Latin alphabet 〉</desc>
                           </gap>,
<hi>The rational faculty is at first very weak, but
it is great and strong about the age of fourteen years:</hi>
                           <note place="margin">de Placit. philos. 5. c. 24.</note> and <hi>Plutarch</hi> saies that the
<hi>Stoics</hi> affirm'd <gap reason="foreign">
                              <desc>〈 in non-Latin alphabet 〉</desc>
                           </gap>, <hi>about the
second septenary,</hi> or <hi>the fourteenth year,</hi>
                           <note place="margin">Diog. Laert. in Zenone.</note> 
                           <hi>they begin to be perfect:</hi> but <hi>Zeno</hi>
said that from that year complete, <gap reason="foreign">
                              <desc>〈 in non-Latin alphabet 〉</desc>
                           </gap> 
                           <hi>it is perfect,</hi> that is, as to all
capacities of reward and punishment. But in this there was great variety.
For some laws would punish boys after twelve years, not before: so the
<hi>Salic</hi> law,<note place="margin">tit. 26.</note> 
                           <hi>Si quis puer infra duodecim annos aliquam culpam commiserit,
fredus ei non requiratur, A boy before he is twelve years old, committing a
fault is not tied to make amends or composition.</hi>
                           <note place="margin">in 8. Eclog. Virgil.</note> 
                           <hi>Servius</hi> upon that of <hi>Virgil,
Alter ab undecimo tum me jam ceperat annus,</hi> saies, the thirteenth
year is meant, because that was next to puberty; for, saies, he, the law judges of
maturity not onely by years but by the habit and strength of the body. But
though this be lesse by one year then that of the Stoical account, and more
by one year then that of the <hi>Salic</hi> law; yet we find in the law of the <hi>Greeks</hi>
and <hi>Romans</hi> that after seven years complete boys were punishable; so the
<note n="*" place="margin">lib. 60. tit. 39.</note> 
                           <hi>Basilica,</hi>
                           <note n="†" place="margin">tit. 71.</note> 
                           <hi>Michael Attaliotes</hi> and some others.</p>
                        <p>But this variety was not wholly arbitrary,<note place="margin">5.</note> but it was commonly esta<g ref="char:EOLhyphen"/>blished
upon reason; for the differences were made by the different nature of
the crimes of which boys were not equally capable in every year: but al<g ref="char:EOLhyphen"/>though
in every crime some were forwarder then others, yet all were capa<g ref="char:EOLhyphen"/>ble
<pb n="502" facs="tcp:58903:562"/>
of some sooner then of others. Spite and malice comes sooner then lust:
and therefore if a boy after seven years old kill'd a man, he was liable to the
<hi>lex Cornelia de Sicariis;</hi>
                           <note place="margin">Vide <gap reason="foreign">
                                 <desc>〈 in non-Latin alphabet 〉</desc>
                              </gap>. ubi supra. in Epit. leg. tit. ult. num. 21.</note> but not so if he were a pathic and a correspon<g ref="char:EOLhyphen"/>dent
in unnatural lusts, as appears in <hi>Matthaeus Blastares</hi> and <hi>Leo;</hi> if he were
under twelve years, he had impunity, <hi>quum aetas ipsa argumento sit nescire
eum quid patiatur,</hi> said the Emperor, <hi>His age is an argument of his igno<g ref="char:EOLhyphen"/>rance,
that he knows not what he suffers.</hi> For in these things it was reaso<g ref="char:EOLhyphen"/>nable
that <hi>Galen</hi> said of <hi>Hippocrates,</hi> 
                           <gap reason="foreign">
                              <desc>〈 in non-Latin alphabet 〉</desc>
                           </gap>, <hi>infancy is
to be reckon'd untill youth,</hi> or a power of generation: and that was it which
I observ'd before out of <hi>Servius, Bene cum annis jungit habitum corporis.
Nam &amp; in jure pubertas ex utroque colligitur.</hi> The strength of body must
be suppos'd before you allow them strength of reason, that is, a power to
deliberate and chuse those sins to which they cannot be tempted before they
have natural capacities. But this, I say, relates onely to the crime of unclean<g ref="char:EOLhyphen"/>nesse.
Now because this was commonly the first of our youthfull sins,
malice in infancy being prodigious and unnatural, which caus'd that advice
of S. <hi>Paul, In malice be children;</hi> therefore wise men and the laws did usu<g ref="char:EOLhyphen"/>ally
reckon that age to be the first beginning of their choice as well as of
their strength. But this rule is very far from being certain, and therefore
S. <hi>Austin</hi> blames those that doe not impute any sins to boys before the age
of fourteen;<note place="margin">lib. 10. de Ge<g ref="char:EOLhyphen"/>nes. ad liter. cap. 13.</note> 
                           <hi>Meritò crederemus</hi> (saith he) <hi>si nulla essent peccata nisi quae
membris genitalibus admittuntur,</hi> We might well doe so if there were no
sins but the sins of lust: but they can steal sooner, and they can lie, and, as
unnatural and as unusual as it is, they can be malicious, some sooner, some
later, according to the basenesse of their disposition, their pregnancy and
education.<note place="margin">lib. 11. cap. 18.</note> 
                           <hi>A. Gellius</hi> tells that the <hi>Decemviri,</hi> who wrote the laws of the
XII Tables, <hi>ex caeteris manifestis furibus liberos verberari, addicique jusse<g ref="char:EOLhyphen"/>runt
ei cui factum furtum esset,</hi> They caus'd thieving boys to be whipp'd
and given up to them from whom they had stoln; and if they cut corn by
night and stole it, they were to be chastis'd by the discretion of the <hi>Praetor;</hi>
which also <hi>Pliny</hi> notes.<note place="margin">lib. 18. cap. 3.</note> But then this also is to be added, that even in
these things although they did not esteem them innocent, yet because their
understanding was but little, and their choice proportionable, they inflicted
but easy punishments:<note place="margin">l. 1. §. impuberi, ff. de Senat. Silan. habena.</note> which <hi>Theophanes</hi> expressed by <gap reason="foreign">
                              <desc>〈 in non-Latin alphabet 〉</desc>
                           </gap>,
they were <hi>beaten with thongs,</hi> or <hi>rods,</hi> or <hi>ferula's.</hi>
                        </p>
                        <p>From hence we may take an estimate how it is in this affair as to the
question and relation of Conscience.<note place="margin">6.</note> For then these wise men and wise
law-givers did declare them punishable when they did suppose them crimi<g ref="char:EOLhyphen"/>nal;
though in the Sanction of laws they were to proceed by rule, and de<g ref="char:EOLhyphen"/>termine
<gap reason="foreign">
                              <desc>〈 in non-Latin alphabet 〉</desc>
                           </gap> as things were most commonly. But then it is to
be consider'd, that since they being to make a rule could not at all take in
extraordinaries, and there would many particulars and hasty instances be
pass'd before it could come to a just measure and regular establishment, we
must therefore proceed something otherwise in the Court of Conscience.
For,<note place="margin">Declamat. 21.</note> as <hi>Libanius</hi> speaking concerning boys, said, <gap reason="foreign">
                              <desc>〈 in non-Latin alphabet 〉</desc>
                           </gap>,
<hi>this is not a name of age that
cannot sin and cannot be punished.</hi> But <hi>Anastasius Sinaita</hi> saies that some<g ref="char:EOLhyphen"/>times
God imputes sins to boys from twelve year old and upwards. But S.
<hi>Austin</hi> confess'd the sins of his first years,<note place="margin">Quaest. 84.</note> the peevishnesse of his infancy,
his wrangling with his nurses, his very envying for the nurses milk and
fondnesses: this was indeed a greater piety then reason. But when he was a
<pb n="503" facs="tcp:58903:562"/>
boy and robb'd an Orchyard, he had reason then to be troubled for it. The
sins of children are but little,<note place="margin">Epist. 57.</note> but they are sins. <hi>Puerorum sensus in qua<g ref="char:EOLhyphen"/>liacunque
verba prorumpens, qui certè ad ea quae majores sapiunt penè nullus
est.</hi> When boys give evil words, it is almost nothing. But because it is
but almost and comparatively nothing, it is of it self and absolutely some<g ref="char:EOLhyphen"/>thing;
and we know not at what period of time any child first comes to the
use of reason, and therefore neither can we tell when God will impute their
follies; and when he does not impute their follies to damnation, it may be
he will impute them so far as to cause a sicknesse or an immature and a hasty
death. And therefore Parents and Tutors can never discharge their duty
but by a coercion and strict restraint of children, from the very first begin<g ref="char:EOLhyphen"/>ning
of their being capable of laws, of the laws I mean of their parents,
and even before that to restrain them from the material parts of any evil,
even from evil words which they understand not. For when they once
have learnt the sound they will quickly perceive the sense: and although we
account their infant malices pretty and sportive, yet because we know not
from what an early principle they come, nor how soon God will impute
them, nor whether they will tend, nor what impression they leave, we
should betimes exercise our legislative; and it is God's great mercy to chil<g ref="char:EOLhyphen"/>dren
that they can understand fear as soon as they can learn to sin, that
their evil company and evil inclinations may not prevent the discipline of
the parents, but that God and the good things of his law may get the first
possession. And he that will let his children alone till they have <gap reason="foreign">
                              <desc>〈 in non-Latin alphabet 〉</desc>
                           </gap>,
<hi>animum consilio ac ratione firmatum,</hi>
                           <note place="margin">Cicer. pro Cluent.</note> 
                           <hi>a fixed and settled judgement,</hi>
shall find evil habits fixt and permanent as the foot of a rock, and that
good counsel will be too late, too easy a remedy. The summe is this; So
long as they are ignorant, that is, so ignorant that they know not how to
deliberate sufficiently to avoid a sin, so long their evil is not imputed, but
together with their reason begins their vertue or their vice.</p>
                        <p>2. The second sort of ignorance is <hi>concomitant,</hi>
                           <note place="margin">7.</note> that is, such which is
really and actually conjoyn'd with the cause of the action, but it self is not
the cause; for if the man were not ignorant, he would doe the thing never<g ref="char:EOLhyphen"/>thelesse.
Thus the boy that flung a stone at a bird, and hit his cruel step<g ref="char:EOLhyphen"/>mother
whom he knew not to be there, said he did not then design it, but
the stone was well thrown. He that shoots an arrow at a stag and hits his
enemy whom he resolved to kill when he could well doe it, but knew not
at all that he was in the bush, hath an ignorance and a malice at the same
time; and here the question is which prevails, the ignorance to excuse, or
the malice to condemn. To this I answer, that the ignorance excuses that
action, but not that man. He is not a murderer in that shooting, nor in the
counsels and deliberation of that action; but for his mind and his malice
distinct from that action, he is proportionably guilty. But if the man have
no malice to the unfortunate man that is kill'd, then he is intirely inno<g ref="char:EOLhyphen"/>cent,
if his ignorance be innocent. The mind of the man is, and the action
is; and if the ignorance were invincible and irremediable, then there is in<g ref="char:EOLhyphen"/>nocence
on all parts.<note place="margin">l. 15. ff. de juris. l. Divus. ff. ad leg. Cornel.</note> 
                           <hi>Non consentiunt qui errant,</hi> saith the law. For there
is in this concomitant ignorance the same reason as in the antecedent, so far
as relates to that event, though not as to that action: the action was indeed
voluntary and not procur'd by ignorance, but that event was; and that be<g ref="char:EOLhyphen"/>ing
the thing onely in question, is to be accounted for, just as those actions
which are wholly produc'd by <hi>ignorance antecedent.</hi>
                        </p>
                        <p>
                           <pb n="504" facs="tcp:58903:563"/>
I deny not but the laws of wise Republics have principally regarded
the mind and Counsel of him that sin'd,<note place="margin">8.</note> and that therefore the laws of the
<hi>Romans</hi> under their Christian Princes did professe to follow the law of God
in the matter of involuntary murder, and so did the <hi>Lombards</hi> and the <hi>Vi<g ref="char:EOLhyphen"/>sigoths;</hi>
yet sometimes this chance-medly was punish'd by a lesser punish<g ref="char:EOLhyphen"/>ment:
so we find in the laws of the <hi>Thuringians, Qui nolens sed casu quodam
hominem vulneraverit vel occiderit, compositionem legitimam solvat.</hi> If a man
unwittingly wounds or kills a man,<note place="margin">l. 5. Epist.</note> 
                           <hi>si telum fugit potius quam jecerit,</hi> as <hi>Ci<g ref="char:EOLhyphen"/>cero</hi>
expresses the instance, if his arrow or weapon slipt from him, rather
then was flung, he shall not be put to death; but yet neither shall he wholly
escape, but must pay a fine appointed by law. And there is some reason
for this. 1. Because the law must require the life and bloud of every of her
citizens from whom it is taken, and the external event, of which she is the
most competent judge, must as well as it may be repair'd. But 2. although
it may appear that the event was not intended, yet it cannot so well appear
whether the man did use all that diligence and precaution which wise and
good men ought to doe to prevent mischiefs. And 3. something is to
be indulged to the injur'd person, some consideration had of the grief and
losse and the passion of the relatives of the slain person. And upon these con<g ref="char:EOLhyphen"/>siderations
God was pleased to appoint sanctuaries for such persons; which
in true speaking is but a just remedy for an unjust calamity, and supposes
that something was permitted in favour of the relatives of the unhappy
man that died, something, I say, which yet was not always deserv'd of him
that was in danger to suffer it.</p>
                        <p>3. The third sort of ignorance is the worst,<note place="margin">9.</note> it is that which is <hi>vin<g ref="char:EOLhyphen"/>cible</hi>
and voluntary, that is, procur'd by the will, is not the prime cause of
it's actions but the effect, brought in on purpose to make way for an easy
mischief with a colour and excuse. Of this there are two noted and dis<g ref="char:EOLhyphen"/>cernible
degrees: <hi>An ignorance crasse</hi> and dul, and introduc'd by negligence
voluntary and observed more or lesse; and <hi>an ignorance affected,</hi> that is,
chosen and delighted in, to serve evil purposes. Now concerning these
degrees of this criminal ignorance it is true of them both that they bring
guilt upon the head of the ignorant, according to their several proportions:
but concerning the actions themselves which are acted by men in that state
of ignorance and disorder, there is something of particular consideration.
For we find our Blessed Saviour praying for pardon for his persecutors
upon this very inducement:<note place="margin">Luke 23. 34. Acts 3. 17.</note> 
                           <hi>Father, forgive them, for they know not what
they doe;</hi> that is, they doe not now know, for they are blinded and are in
a state of ignorance: but that it was vincible and voluntary appears by those
words of Christ,<note place="margin">John 9. 41.</note> 
                           <hi>If ye were blind, ye had not sinn'd; but now ye say that you
see, therefore your sin remains;</hi> and <hi>having eyes they see not,</hi> that is, they
would not see, they did it ignorantly, and they would not cure their igno<g ref="char:EOLhyphen"/>rance,
for it was evident that Christ said and did enough infinitely to con<g ref="char:EOLhyphen"/>vince
them that he was the Messias.<note place="margin">1 Tim. 1. Gal. 1.</note> So also S. <hi>Paul</hi>'s ignorance was very
culpable, when in zeal and rage he persecuted the Church of God; but yet
this ignorance lessen'd the malice of the effect, and dispos'd him greatly
towards pardon. Upon these considerations, it is a worthy inquiry into
that effect or influence which proceeds even from a criminal ignorance and
undiscerning estate, and what it can operate towards pardon. The questi<g ref="char:EOLhyphen"/>on
then is, whether what is done by persons that know not what they doe,
when that disability to know is procur'd by themselves, either by volun<g ref="char:EOLhyphen"/>tary
<pb n="505" facs="tcp:58903:563"/>
negligence, or malicious purpose, is a sin as great as if it were done
knowingly.</p>
                        <p>Question.</p>
                        <p>The case is this,<note place="margin">10.</note> 
                           <hi>Marcus Bibulus</hi> falls frequently into drunkennesse;
when he is drunk he fights, and fornicates, and steals, and does (as it hap<g ref="char:EOLhyphen"/>pens)
all manner of impiety. <hi>Does his drunkennesse excuse, or does it exte<g ref="char:EOLhyphen"/>nuate,
or does it aggravate his fault?</hi>
                        </p>
                        <p>The Greeks call'd these things <gap reason="foreign">
                              <desc>〈 in non-Latin alphabet 〉</desc>
                           </gap>,<note place="margin">11.</note> that is <gap reason="foreign">
                              <desc>〈 in non-Latin alphabet 〉</desc>
                           </gap>,
<hi>Contention and every mischief that comes from wine,</hi>
saith <hi>Hesychius;</hi> which when a man hath observed to be consequent to his
intemperance, or hath been foretold of it by laws and wise persons, he may
justly fall under the sentence not onely of drunkennesse, but of homicide,
or incest, or whatever happens to be the vile daughter of so disgrac'd a
Mother. Drunkards are very often proud and quarrelsome: and there<g ref="char:EOLhyphen"/>fore
to that of <hi>Solomon, Look not upon the wine when it is red, Rabba</hi> saith,
<hi>Ne spectes vinum cujus finis est sanguis,</hi>
                           <note place="margin">Gemara San<g ref="char:EOLhyphen"/>hed<gap reason="illegible" resp="#TECH" extent="1 letter">
                                 <desc>•</desc>
                              </gap>in cap. 8. Ad Iliad. <gap reason="foreign">
                                 <desc>〈 in non-Latin alphabet 〉</desc>
                              </gap>.</note> 
                           <hi>Look not upon the wine whose end is
bloud:</hi> and <hi>Eustathius</hi> saith that the nurses of <hi>Bacchus</hi> were painted <gap reason="foreign">
                              <desc>〈 in non-Latin alphabet 〉</desc>
                           </gap>,
<hi>having snakes and daggers in their hands, to shew
that drunkards were beastly and bloudy.</hi> And therefore if such persons could
have impunity, there were no safety for the lives of innocent men, or the
chastity of modest women. But they neither have, nor have they reason why
they should <gap reason="foreign">
                              <desc>〈 in non-Latin alphabet 〉</desc>
                           </gap>,<note place="margin">Moral. l. 1. ad Eudem. c. 34. &amp; Ethic. ad Nicom. l. 3. c. 3, &amp; 4. Vide etiam Po<g ref="char:EOLhyphen"/>litic. 2. cap. ult. &amp; Rhetor. 2. cap. 27.</note>
said <hi>Aristotle; They that being drunk doe evil, are guilty of the injury. Be<g ref="char:EOLhyphen"/>cause
they are causes of their own ignorance: for they might have abstain'd
from that excesse which caus'd them ignorantly to smite their Father. Pitta<g ref="char:EOLhyphen"/>cus</hi>
by a law caus'd a double punishment to be inflicted upon drunkards, one
for the cause, and the other for the evil effect. The same also seems to be
the sense of <hi>Plato</hi> both in his first and in his sixth book of Laws: but gene<g ref="char:EOLhyphen"/>rally
all the interpreters of <hi>Aristotle,</hi>
                           <note place="margin">Averroes in l. 3. Ethic. c. 5.</note> the old Philosophers, the Mahumetans
and the Christians and the Heathens, are perfectly of this persuasion, that
the sins they doe in their drunken fit are perfectly to be imputed to them.
To this purpose is that of <hi>Cicero,</hi>
                           <note place="margin">ad Herennium 2.</note> 
                           <hi>Nam qui se propter vinum aut amorem
aut iracundiam fugisse rationem dicet, is animi vitio videbitur nescisse, non
imprudentiâ. Quare non imprudentiâ se defendet, sed culpâ contaminabit,</hi>
He that with wine or anger or lust looses his reason, cannot pretend igno<g ref="char:EOLhyphen"/>rance
or want of knowledge for his excuse, for by his own fault he is pol<g ref="char:EOLhyphen"/>luted.
And this is the sense of the Doctors of the Church. S. <hi>Basil</hi> saies
drunkennesse is <gap reason="foreign">
                              <desc>〈 in non-Latin alphabet 〉</desc>
                           </gap>, so S. <hi>Chrysostome; vo<g ref="char:EOLhyphen"/>luntaria
insania,</hi> so S. <hi>Austin;</hi> 
                           <gap reason="foreign">
                              <desc>〈 in non-Latin alphabet 〉</desc>
                           </gap>, so <hi>Isidore Pelusiot: A vo<g ref="char:EOLhyphen"/>luntary
Devil, a chosen madnesse, a spontaneous fury.</hi> And the very same words
are us'd by <hi>Seneca</hi> and <hi>Ammianus Marcellinus.</hi> And therefore the sinning
man must not excuse him by his stupidity, and blame the wine, but himself
onely;<note place="margin">Tr<gap reason="illegible" resp="#TECH" extent="1 letter">
                                 <desc>•</desc>
                              </gap>cul. Act. 4. Sc<gap reason="illegible" resp="#TECH" extent="1 letter">
                                 <desc>•</desc>
                              </gap>n. 2.</note> as <hi>Callicles</hi> in the Comedy convinc'd <hi>Dinarchus</hi> when he pray'd him
to give him pardon,
<q>Quod animi impos vini vitio fecerim;</q>
                           <pb n="506" facs="tcp:58903:564"/>
he was not himself when he did it, it was his wine not he. The old man
answer'd him,
<q>
                              <l>—non placet</l>
                              <l>In mutum quippiam conferri quod loqui non potest. Nam vinum si</l>
                              <l>Fabulari possit, se defenderet: non vinum moderari,</l>
                              <l>Sed vino solent qui quidem probi sunt: verum</l>
                              <l>Qui improbus est, sive subbibit, sive adeo caret temeto,</l>
                              <l>Tamen ab ingenio est improbus.</l>
                           </q>
Blame not the wine; for wine does not govern a good man, but a good
man the wine: But he that is wicked is wicked from within, whether he
drinks or no. By these sayings of wise men we perceive that they held not
the drunkard innocent even in those vilenesses which he did in his drunken<g ref="char:EOLhyphen"/>nesse;
and their reason was Philosophical, The effect from a voluntary cause
is to be imputed to the first principle.</p>
                        <p>But Commonwealths have another interest to serve;<note place="margin">12.</note> they are to se<g ref="char:EOLhyphen"/>cure
the lives and good things of their citizens, and therefore they are by
all means to effect what is necessary: and if drunken mischiefs were unpu<g ref="char:EOLhyphen"/>nish'd,
men might pretend drunkennesse for an excuse, and make it really to
be the warrant of their licentiousnesse, their rapine, their lust or their re<g ref="char:EOLhyphen"/>venge.
<q>
                              <l>Nam si isthuc jus est,<note place="margin">Aulul. Act. 4. Scen. 10.</note> ut tu isthuc excusare possies,</l>
                              <l>Luce clarâ diripiamus aurum Matronis palam;</l>
                              <l>Post id si prensi simus excusemus ebrios</l>
                              <l>Nos fecisse amoris causâ: nimis vile'st vinum atque amor,</l>
                              <l>Si ebrio atque amanti impunè facere quod lubeat, licet,</l>
                           </q>
said old <hi>Euclio</hi> to <hi>Lyconides.</hi> If drunkennesse may be our excuse, let us
goe and drink drunk that we may rob the Matrons in the streets. And
<hi>Manuel Palaeologus</hi> tells of one that had a mind to be reveng'd and put
some affront upon a great man;<note place="margin">Orat. 3.</note> and because he durst not when he was sober,
he drank himself into an impudent fiercenesse, that he might first have
<hi>boldnesse</hi> and then, as he hop'd, <hi>impunity.</hi> And therefore there may be
great reason why the Civil laws of any Nation should punish the evil ef<g ref="char:EOLhyphen"/>fects
of drunkennesse not onely for the evil mothers sake, but for the secu<g ref="char:EOLhyphen"/>rity
of the citizens.</p>
                        <p>But in Theology and in the just estimate of things in order to Con<g ref="char:EOLhyphen"/>science
we are to speak and to proceed with some little difference.<note place="margin">13.</note> For if
it be ask'd concerning the drunkennesse, or concerning the man, there is
no peradventure but he is for these evil effects the worse man, and the
drunkennesse is also the greater crime. The drunkennesse makes the in<g ref="char:EOLhyphen"/>jury
or the murder lesse criminal then if it were done with actual reason
and choice, but these make the drunkennesse more intolerable and crimi<g ref="char:EOLhyphen"/>nal.
The man in chusing drunkennesse with or for these effects is much
the worse man; but the crime is the voluntary drunkennesse, not the in<g ref="char:EOLhyphen"/>voluntary
rage and injury. And this appears upon these reasons.</p>
                        <p>1. Because by how much more the sense and reason is depraved,<note place="margin">14.</note> by so
much the lesse the man hath pleasure in his sin. For if he be wholly mad
or senselesse, his sin is wholly uselesse to him, it does him no present de<g ref="char:EOLhyphen"/>light,
any more then to a beast to push with his horns; which therefore is
<pb n="507" facs="tcp:58903:564"/>
not criminal because he cannot reflect upon his own act, he cannot chuse it
for a reasonable consideration, he hath no will to entertain it. But if he
be not so far gone, then there is some proportion of guilt, because there
is of choice in the shipwracks of his reason and his will: and therefore <hi>Theo<g ref="char:EOLhyphen"/>doret</hi>
said,<note place="margin">qu. 59. in Genes.</note> 
                           <gap reason="foreign">
                              <desc>〈 in non-Latin alphabet 〉</desc>
                           </gap>, Drunken<g ref="char:EOLhyphen"/>nesse
hath some reproof, and some pity; some punishment, and some par<g ref="char:EOLhyphen"/>don.
And <hi>Arrius Menander</hi> said that <hi>per vinum aut lasciviam lapsis ca<g ref="char:EOLhyphen"/>pitalis
poena remittenda est,</hi>
                           <note place="margin">in l. 6. de R<gap reason="illegible" resp="#TECH" extent="1 letter">
                                 <desc>•</desc>
                              </gap> milit.</note> They that sin by drunkennesse or passion may
be punish'd, but not capitally; the same with that in <hi>Stobaeus,</hi> 
                           <gap reason="foreign">
                              <desc>〈 in non-Latin alphabet 〉</desc>
                           </gap>.
Even in the follies and stupidities of drunken<g ref="char:EOLhyphen"/>nesse
there is something amisse besides the material part. But this is
when there is something left by which he can understand and chuse some<g ref="char:EOLhyphen"/>thing
of the crime.</p>
                        <p>2. The mischiefs consequent to drunkennesse are therefore lesse mo<g ref="char:EOLhyphen"/>ral
evils,<note place="margin">15.</note> because they doe lesse moral mischief. For no man by his lust
acted in his drunkennesse is made more lustfull, or by any act then done is
promoted towards a vitious habit; for he knew not what he did, and re<g ref="char:EOLhyphen"/>members
it not: it is like <hi>Lot</hi>'s incest, no more known after then before, and
therefore it leaves no sediment or lees behind it; which shews it to have
more natural vilenesse then moral, and therefore is nearer to pardon.
<q>
                              <l>Et causa justa est,<note place="margin">Aulul. Act. 4. Scen. 7.</note> siquidem ita est ut praedicas,</l>
                              <l>Te eam compressisse vinolentum virginem.</l>
                           </q>
If the yong man was drunk when he lay with her, he hath some excuse,
that is, as to his lust; but that is an aggravation of his drunkennesse, and
he is not the more acquitted, when the aggravation of his sin and punish<g ref="char:EOLhyphen"/>ment
is onely plac'd upon the right cause.</p>
                        <p>3. If the consequent mischiefs of drunkennesse were formally those
sins which materially they are,<note place="margin">16.</note> that is, if they were properly guilty of all
that they ignorantly doe, then it would follow that because murder is worse
then drunkennesse, and yet that murder was involuntary, some action that
is involuntary would be more malicious then that which is chosen. If it
be replied that those consequent acts are chosen because the cause of them
is chosen, according to what is discours'd in the 4<hi rend="sup">th</hi> Rule of this Chapter;
I answer, that this is true if drunkennesse were not an accidental cause of
them: but these effects being but contingent to drunkennesse, and the effect
of some other evil principle, which then prevails when by drunkennesse the
mans guards are called off, therefore they cannot be intirely attributed to
drunkennesse; and therefore if a man be surpris'd with drink, or is advis'd
to it as to a medicine, if he falls into such consequent disorders, it would be
hard to damne this man as a murderer or as an incestuous person, when he is
so neither by his present, nor his antecedent choice. Therefore it is that
<hi>Libanius</hi> saies that one who hath grievously offended another <gap reason="foreign">
                              <desc>〈 in non-Latin alphabet 〉</desc>
                           </gap>,<note place="margin">Declamat. 22.</note>
                           <hi>oftentimes is not punished when wine
was his excuse;</hi> and the Scholiast upon the <gap reason="foreign">
                              <desc>〈 in non-Latin alphabet 〉</desc>
                           </gap> saies that he that kills
a man <gap reason="foreign">
                              <desc>〈 in non-Latin alphabet 〉</desc>
                           </gap>; <hi>with deliberation</hi> is <gap reason="foreign">
                              <desc>〈 in non-Latin alphabet 〉</desc>
                           </gap> 
                           <hi>not to be pardon'd:</hi> If he
does it by chance, he is free; but if by drunkennesse, he was by the <hi>Roman</hi>
law banish'd for five years: and thus justice is preserved on all hands, that
the drunkennesse should be punish'd more then drunkennesse, and the
murder lesse then murder. For that is the worse for having such a daugh<g ref="char:EOLhyphen"/>ter,
<pb n="508" facs="tcp:58903:565"/>
but this is more pardonable for having such a Mother.</p>
                        <p>But if the drunkennesse be but imperfect,<note place="margin">17.</note> if the consequent crimes be
remembred and delighted in afterwards, (for that is a certain indication the
stupidity was not extreme, nor equal to an excuse) then
<q>
                              <gap reason="foreign">
                                 <desc>〈 in non-Latin alphabet 〉</desc>
                              </gap>
                           </q>
such a drunkard is also all that which he acts and professes in his folly: a re<g ref="char:EOLhyphen"/>membring
drunkard, as he is but an ill companion, so if he falls into the
horrid consequents which too often are the punishments of intemperance,
hath no excuse. But if he chose drunkennesse on purpose that he might
have impudence enough to doe a mischief, he committed the sin before<g ref="char:EOLhyphen"/>hand,
and was before he acted it guilty before God; and when he hath acted
it, he is also guilty before men<note n="*" place="margin">See Rule 4. of this Chap. Num. 2.</note>. But unlesse it be in these cases, the actions
done by him that understands not what he does are as the actions of a mad
man or a fool. The sin was done before, and the mischief and the punish<g ref="char:EOLhyphen"/>ment
doe follow: but the guilt is in the cause, not in the effect that is in<g ref="char:EOLhyphen"/>voluntary;
though proceeding from a cause that was indeed voluntary, but
<hi>not univocal and proper.</hi>
                        </p>
                        <p>The sense of this question thus explicated agrees with the doctrine
of the Fathers,<note place="margin">18.</note> who in the instance of <hi>Lot</hi> declare him criminal onely as to
his drunkennesse,<note place="margin">Homil. 5. in Genes. Homil. 44. in Genes. lib. 2. contr. Faust. Manic. cap. 44.</note> not to his incest. So <hi>Origen,</hi> S. <hi>Chrysostom,</hi> S. <hi>Austin:</hi>
and S. <hi>Ambrose</hi> gives this account of the whole question; <hi>Sanè discimus
vitandam ebrietatem,</hi> &amp;c. <hi>We learn that drunkennesse is to be avoided, by
which we are brought to that evil state of things, that we cannot beware of
crimes. For those things which being sober we avoid, when we are drunk we
ignorantly commit.</hi> And a little after; They who have been too free in drink<g ref="char:EOLhyphen"/>ing
wine, know not what they speak, they are like men dead and buried:
<hi>ideoque siqua per vinum deliquerint,</hi>
                           <note place="margin">lib. de Patri<g ref="char:EOLhyphen"/>arch. cap. 6.</note> 
                           <hi>apud sapientes Judices veniâ quidem
facta donantur, sed levitatis damnatur authores, Therefore what vilenesses
they commit in their wine</hi> (meaning when they know not what they doe) <hi>for
the deeds themselves so ignorantly committed they find pardon amongst wise
Judges, but for their temulency a condemnation.</hi>
                        </p>
                        <p>The result of these discourses is this.<note place="margin">19.</note> The vilenesses which are done
by drunken and stupid persons unwittingly, are not of the same kind of
which naturally they are and would be if the actors were sober: they are
not the crimes of murder or lust or incest respectively, but circumstances
of great horrour aggravating the drunkennesse, and deeply condemning
the man. And yet, if the drunkennesse be not extreme, I mean the stupi<g ref="char:EOLhyphen"/>dity
and ignorance, if that be not such as to take away wholly the use of
reason and moral choice, all the remaining portions of reason doe in their
proper degree make the imperfect drunkard guilty of other perfect
crimes, even of whatsoever he then shall act; and they shall for their own
degrees of remaining choice be imputed to him as certainly as the drunk<g ref="char:EOLhyphen"/>ennesse.</p>
                        <p>The same is the case of <hi>Inconsideration</hi> and <hi>Oblivion,</hi>
                           <note place="margin">20.</note> whose effects are
innocent upon the same accounts and no other. If they come in upon a ne<g ref="char:EOLhyphen"/>gative
principle, that is, begin and proceed upon a natural deficiency and
an unavoidable cause, that which is forgotten, or that which is done by for<g ref="char:EOLhyphen"/>getfulnesse
<pb n="509" facs="tcp:58903:565"/>
must be amended and repair'd as well as we can; but by a pre<g ref="char:EOLhyphen"/>ceding
morally-diligent care, and an after-revocation, nolition or amends,
it may be kept innocent. This onely thing is to be interpos'd, that if by
the precontract of a vitious habit there is ingenerated in our spirits and ex<g ref="char:EOLhyphen"/>teriour
faculties such a promptnesse and facility of sinning, that many of the
acts of such a habit are done without advertency, as in vile and habitual
swearing, every such action though passing without notice is criminal, be<g ref="char:EOLhyphen"/>cause
it is the product of the will habitually depraved; and there is no other
cause why the actual consent of the will is not at it, but because it was not
requir'd, but presum'd, and taken without dispute. A yong Lutenist dis<g ref="char:EOLhyphen"/>putes
and contends for every single touch of a string: but when he hath
made it easy and habitual, he resolves to play a set of lessons, and every
stroke is voluntary, though every one is not now actually consider'd.</p>
                        <p>
                           <hi>Question.</hi>
                        </p>
                        <p>To this §.<note place="margin">21.</note> of Ignorance belongs the question concerning Fraud and
Guile. For if another man cosens and abuses my understanding, he places me
in ignorance; and then it is worth our inquiry, <hi>What morality or what obli<g ref="char:EOLhyphen"/>gation
there is in those actions which are done by us so abus'd, so deceiv'd, so
made ignorant, and incapable of judging rightly.</hi>
                        </p>
                        <p>The answer relies upon the same grounds as formerly,<note place="margin">22.</note> with this advan<g ref="char:EOLhyphen"/>tage,
that he who is deceiv'd by the crafts of another, hath most common<g ref="char:EOLhyphen"/>ly
an ignorance that is very innocent; and then if that ignorance be wholly
the cause of any action, the cause is innocent and so is the production. And
upon the same accounts we are to judge concerning the obligation of pro<g ref="char:EOLhyphen"/>mises
and contracts made by persons in error and deception. 1. If the er<g ref="char:EOLhyphen"/>ror
be concerning the substance of the thing contracted for, the contract is
naturally invalid, and obliges not at all. If <hi>Titius</hi> buy a horse, and <hi>Caius</hi>
send him a Mule or an Oxe, there is nothing done, <hi>Titius</hi> hath made no
bargain at all. If I buy a man-servant, and the Merchant sells me a mai<g ref="char:EOLhyphen"/>den
dress'd in mans apparrel, this makes the contract invalid; I made no
bargain for a maid-servant, but for a man. When <hi>Jacob</hi> married <hi>Rachel,</hi> and
lay with <hi>Leah,</hi> that Concumbency made no marriage between them; for
the substitution of another person was such an injury as made the contract
to be none at all: and unlesse <hi>Jacob</hi> had afterwards consented, <hi>Leah</hi> had
been none of his wife. 2. If the error and ignorance be not in the sub<g ref="char:EOLhyphen"/>stance
of the contract, whatever else the error be, the contract is natural<g ref="char:EOLhyphen"/>ly
valid, that is, without a new contract and renewed consent it can stand;
but if that error was the cause of the contract, which if the error had not
been would not have been at all, then it is in the power of the abused per<g ref="char:EOLhyphen"/>son
to rescind the contract, and the fraudulent contractor is in Conscience
bound to recede from all his ill-acquir'd advantages. The reason is, be<g ref="char:EOLhyphen"/>cause
he did injury to his neighbour, and plac'd him in evil dispositions and
unaptnesse to chuse wisely, otherwise then God and the laws of nations and
the common intention of contractors doe intend: and therefore although
there was so much of the substantial requisites as could make a contract na<g ref="char:EOLhyphen"/>turally
valid,<note place="margin">l. Dolo. 5. C. de inutilib. sti<g ref="char:EOLhyphen"/>pulat. &amp; instit. de exceptionib. in initio.</note> yet it was so ill, that all laws and intentions and tacit condi<g ref="char:EOLhyphen"/>tions
of contractors have thought fit to relieve the abused person, <hi>Dolo vel
metu adhibito, actio quidem nascitur, si subdita stipulatio sit: per doli mali
<pb n="510" facs="tcp:58903:566"/>
tamen vel metûs exceptionem submoveri petitio debet:</hi> and the reason is
given <hi>l. si dolo.</hi> 5. <hi>C. de rescindenda venditione; Si dolo adversarii deceptum
venditionem praedii te fecisse Praeses provinciae aditus animadverterit, sciens
contrarium esse dolum bonae fidei (quae in huju smodi contractibus maxime exi<g ref="char:EOLhyphen"/>gitur)
rescindi venditionem jubebit.</hi> In Contracts the honesty of the con<g ref="char:EOLhyphen"/>tractors
is principally to be regarded, and fraud is destructive of all honest
intentions; and therefore the Praetor shall rescind such fraudulent bargains.
3. But if the error was not the intire cause of the contract, but that upon
other accounts we would have bargain'd, onely we would not have paid so
great a price, then the bargain is valid, and the Praetor cannot rescind it, nor
the injur'd person revoke it; but the Civil law in this case did permit <hi>actio<g ref="char:EOLhyphen"/>nem
quanti minoris,</hi> that is, an amends for so much detriment as I suffer ap<g ref="char:EOLhyphen"/>parently
by the fraud.<note place="margin">l. 13. ff. de acti<g ref="char:EOLhyphen"/>onibus empti. in princ.</note> If <hi>Caius</hi> sells to <hi>Maevius</hi> sheep which he affirms to
be sound, but they are indeed rotten, the law permits not rescission of the
bargain, but forces <hi>Caius</hi> to restore so much of the price as the sheep were
overvalued. And this is also the measure in the Court of Conscience. But
this is to be understood in such cases where the fault of the vendible com<g ref="char:EOLhyphen"/>modity
cannot be discerned by the buyer, and where the seller did deceive
voluntarily. For in other cases <hi>Caveat emptor</hi> is the rule of the law, <hi>let the
buyer look to it,</hi> and it is also the rule in Conscience. The seller must not
affirm the thing to be without fault, if he knows it vitious and faulty. But
neither is he bound to proclaim the faults of his goods, if they be discer<g ref="char:EOLhyphen"/>nible.
And of this <hi>Cicero</hi> discourses reasonably,<note place="margin">lib. 3. Offic.</note> 
                           <hi>Num te emere coegit, qui
ne hortatus quidem est? Ille quod non placebat proscripsit; quod placebat
emisti. Quod si qui proscribunt villam bonam benéque aedificatam, non exi<g ref="char:EOLhyphen"/>stimantur
fefellisse, etiamsi illa nec bona est, nec aedificata ratione; multo mi<g ref="char:EOLhyphen"/>nus
qui domum non laudarunt: ubi enim judicium emptoris est, ibi fraus
venditoris quae potest esse? Sin autem dictum non omne praestandum est, quod
dictum non est, id praestandum putas? Quid vero est stultius quam vendito<g ref="char:EOLhyphen"/>rem
ejus rei quam vendat vitia narrare? Quid autem tam absurdum, quam
si Domini jussu ita praeco praedicet, Domum vendo pestilentem?</hi> Who com<g ref="char:EOLhyphen"/>pell'd
thee to buy? The man that sold it did not (it may be) so much as de<g ref="char:EOLhyphen"/>sire
thee. He sold it because it did not please him; and because it did please
thee, thou hast bought it. He that sets up a bill of sale and proclaims a
house fair, and well-built and well-seated, hath not deceiv'd thee, though it
be neither well-built, nor well-seated; because if it be intire for thee to
make a judgement, he hath not deceiv'd thee. Much lesse if he hath not
prais'd it. For if all that is spoken in the bill is not of necessity (viz. in
order to the bargain or thy choice) to be verified, much lesse must that be
perform'd or requir'd which was not spoken. But does ever any man cry
stinking fish to be sold, or say, Come and buy a house that hath the plague
in it? All this is great reason: Onely this is to be added, that such faults as
cannot be discerned by the buyer, must be declar'd, or must be allowed
for in the price: and the case is the same, if the buyer be a child, or a fool,
or an ignorant undiscerning person;<note place="margin">l. in causae. §. Idem Pomp. ff. de minor. &amp; l. item si. §. ult. ff. loc.</note> for no man must be made richer by the
injurie and folly of his Brother. I know that in all the public contracts
of mankind, that which all men consent in is, to buy cheap and to sell
dear: but Christian religion, and the contempt of the world, and the love
of spiritual interests,<note place="margin">l. si volun<g ref="char:EOLhyphen"/>tate. C. de re<g ref="char:EOLhyphen"/>scind. vend.</note> are sent from heaven, to cause merchandise to be an
instance of society, and not a craft and robbery. 4. If the buyer be deceiv'd,
but not by the seller, but by a third person, and that deception be the cause
of the contract, the buyer may rescind the contract if he can; that is, he is
<pb n="511" facs="tcp:58903:566"/>
not in Conscience oblig'd to stand to it, if he can be quit in law: but he that
deceiv'd him is bound to repair his injury if he have suffer'd any, or to break
the bargain, if the goods be unalter'd. These things have no particular
reason, but are evident upon the former accounts.</p>
                     </div>
                  </div>
                  <div n="3" type="section">
                     <head>§. 3. Of Fear and Violence, and how these can make
an action involuntary.</head>
                     <div n="3" type="section">
                        <head> RULE VII. Fear that makes our reason uselesse, and suffers us not
to consider, leaves the actions it produces free
from crime, even though it self be culpable.</head>
                        <p>THe case is this;<note place="margin">1.</note> 
                           <hi>Roberto Mangone</hi> a poor <hi>Neapolitan</hi> travelling upon the
Mountains to his own house, is seized on by the <hi>Banditi,</hi> a pistol is put
to his breast, and he threatned to be kill'd unlesse he will be their guide to
the house of Signior <hi>Seguiri</hi> his Landlord, whom he knows they intend to
rob and murder. The poor <hi>Mangone</hi> did so: his Lord was murder'd, his
goods rifled and his house burned. The question is, whether <hi>Mangone</hi> be
guilty of his Lords death.</p>
                        <p>To this the answer is easy,<note place="margin">2.</note> that <hi>Mangone</hi> is not innocent; and though
he did not consent clearly and delightingly to <hi>Seguiri</hi>'s death, yet rather
then die himself he was willing the other should. No man is desirous in
a storm to throw his goods into the sea, if he could help it, and save his
life; but rather then loose his goods and his life too, he heaves them over<g ref="char:EOLhyphen"/>board.
<gap reason="foreign">
                              <desc>〈 in non-Latin alphabet 〉</desc>
                           </gap>,<note place="margin">Ethic. lib. 3. cap. 1.</note> said
<hi>Aristotle, These kind of actions are mixt, but they have more of spontaneity</hi>
and election in them then of constraint. No Christian remaining a Chri<g ref="char:EOLhyphen"/>stian
is willing to offer sacrifice to <hi>Daemons,</hi> or to abjure Christ, if he be
let alone: but he that in time of persecution falls away, not changing his
heart, but denying his profession, this man is not <hi>excus'd</hi> by his fear, but
<hi>betray'd</hi> by it.<note place="margin">ibid.</note> 
                           <gap reason="foreign">
                              <desc>〈 in non-Latin alphabet 〉</desc>
                           </gap>,
<hi>There are some things to which a man must not suf<g ref="char:EOLhyphen"/>fer
himself to be compell'd by any force, but he must rather die then doe them.</hi>
And because there are some things <gap reason="foreign">
                              <desc>〈 in non-Latin alphabet 〉</desc>
                           </gap>,
<hi>which are insufferable to humane Nature,</hi> and therefore there is in laws as<g ref="char:EOLhyphen"/>sign'd
a certain allowance of fear <hi>qui potest cadere in fortem &amp; constantem
virum,</hi> that is, in the case of danger of suffering the extremest evils, and
our obedience to humane laws is excus'd in such cases, because no man is
<hi>ordinarily</hi> bound by the laws to suffer a greater evil in keeping the law,
then is threatned by the law it self to him that breaks them; therefore the
law allows an omission of obedience in the fear of the greatest evils, as I
have already explicated<note n="*" place="margin">lib. 3. Chap. 1. Rule 2.</note>. But in Divine lawes it is otherwise, because no
man can threaten or inflict on another an evil comparably so great as God
does on them that break his laws; and therefore the lesse fear cannot be a
reasonable excuse against a greater; and in all cases, the fear of man must
<pb n="512" facs="tcp:58903:567"/>
yield to the fear of God. And therefore in the matter of a Divine Com<g ref="char:EOLhyphen"/>mandement,
no fear of temporal evil is an excuse or warranty. Because
we are taught to despise poverty and pain and death, and to doe all this
chearfully and gloriously. And therefore this case of Conscience and it's
whole dimensions are quickly measur'd.</p>
                        <p>But this is onely in Negative commandements,<note place="margin">3.</note> for they can never be
broken with innocence upon what pretended necessity or violence soever.
But in positive Commandements the case is not so clear, but fit to be more
consider'd: But it will quickly also come to an issue, if we distinguish o<g ref="char:EOLhyphen"/>missions
from commissions. For no man may upon any pretence doe anything
against a positive Commandement. He may omit to visit a Christian in
prison, if he fears he shall loose his life in the visitation, or be threatned
with any great calamity; but he may not doe him any injury or oppression
to save his life and liberty.<note place="margin">ubi suprá. &amp; lib. 2. Chap. 3. Rule 11.</note> But I have to this also given particular answer
upon another occasion. That which I am to adde here is this; There is
no peradventure but the obedience to a positive commandement, till it be
plac'd in it's own circumstances and requir'd <hi>here</hi> and <hi>now</hi> and <hi>so,</hi> will give
place to so just a cause of deference and stay as is the securing our selves
against a great fear. For where God hath not requir'd us in particular
manner to doe a duty, he hath requir'd it in a very particular manner to
preserve our selves. But when the case is so, that the particular is requir'd,
no fear of man can hinder us. For in all things God is to be preferred.
And therefore it is so rarely well order'd that unlesse it be in extraordinary
cases, as the Apostles preaching the Gospel, their open confessions of faith,
their declaring against the religions of the world at that time, for which
they had special commands, and were to doe them and not to fear the fear
of men, there is scarce any positive law of God but either it may be per<g ref="char:EOLhyphen"/>form'd
by an internal suppletory, by a desire and willingnesse and endea<g ref="char:EOLhyphen"/>vour,
or else will be sufficient to be done in the article of death, that is, then
when we need not fear the worst that man can doe unto us. Thus it is in
the susception of the Sacraments; from the actual susception of which by
a great and just fear if we be frighted, we cannot be hindred from the desire
and spiritual and most effective susception of them: and from the actual if
we be by a just fear delayed (though the case cannot often happen) yet it is
generally suppos'd that if they be done before our death, the commande<g ref="char:EOLhyphen"/>ment
is obeyed, if the delay was not on our part; and at our death no new
fear of death can be a just excuse. However, if it or any thing else be po<g ref="char:EOLhyphen"/>sitively
and determinately requir'd in circumstances, we must not be afraid
of them that can onely kill the body; or if we be, the fear and the omission
are both criminal, and this is not excus'd by that.</p>
                        <p>But if in these or any other cases the fear be a surprise,<note place="margin">4.</note> sudden, and
violent, and impetuous, that is, such that our reason is invaded and made
uselesse, such as by a natural effort disorders all our faculties, such as that
of <hi>Arachne</hi> in <hi>Ovid,</hi>
                           <q>
                              <l>Quid mihi tunc animi misera fuit? anne quod agnae est</l>
                              <l>Siqua lupos audit circum stabula alta frementes?</l>
                              <l>Aut lepori, qui vepre latens hostilia cernit</l>
                              <l>Ora canum, nullos audet dare corpore motus?</l>
                           </q>
such a fright as a hare or lambe are in when they are pursued by dogs and
<gap reason="illegible" resp="#TECH" extent="1 letter">
                              <desc>•</desc>
                           </gap>oxes,
<q>
                              <pb n="513" facs="tcp:58903:567"/>
                              <l>Occupat obsessos sudor mihi frigidus artus,<note place="margin">lib. 3 Metam</note>
                              </l>
                              <l>Caerule aeque cadunt toto de corpore guttae,</l>
                           </q>
when nature is in a lipothymie, and our strengths are made extravagant,
when we can doe any thing in flying and nothing at all to consider; then our
understanding cannot deliberate, and then our will does not consent, and
then the effect is pityable but not criminal, but the fear it self possibly may
be both. For sometimes our fear may be so great, that it fills all our fa<g ref="char:EOLhyphen"/>culties,
and then there cannot be any deliberation; for that must be at leisure,
and must look upon two objects. <hi>Statius</hi> well describes this kind of fear in
the similitude of a hunted stagge.
<q>
                              <l>…..qualis cum cerva cruentis</l>
                              <l>Circumventa lupis,<note place="margin">lib. 5. Thebais.</note> nullum cui pectore molli</l>
                              <l>Robur, &amp; in volucri tenuis fiducia cursu,</l>
                              <l>Praecipitat suspensa fugam, jam jamque teneri</l>
                              <l>Credit, &amp; illusos audit concurrere morsus:</l>
                           </q>
she hath no courage, no confidence, no hope of any thing; she dies if she
stayes, but she cannot stay to consider so long; and when she runs, she dies
too, and she hears the wolf at her ear, and sees him with her eye, and
feels the teeth in her heart, and dies with fear. In such cases as these we
are as men without reason, and therefore to be judg'd accordingly. I have
heard of a Trouper who in the late sad warres of <hi>England</hi> being alarm'd,
was so affrighted that he bridled his Comerade instead of his horse: and in
the last inroad which the <hi>Turks</hi> made into the Empire, a <hi>German</hi> carrier
was so affrighted with the noise of <hi>Turkish</hi> horses coming, that he knew
not how to make use of his own to fly away, but deploring his condition
that his horse being loaden could not run fast, had not the reason left him,
though he had time, to throw off his pack, but staid in that amazement,
till the prisoner of fear became a slave to the <hi>Turks.</hi> What a man does in
such a case, no equal estimator of things will impute to choice or malice.
He that flies from a lion pursuing him, and in his affrightment runs into a
River, is not criminally guilty of his own death. He runs into one death
before another, but prefers it not: for if he were in the same fear of drow<g ref="char:EOLhyphen"/>ning,
he would leap ashore though a Lion did stand there expecting of a
prey.</p>
                        <p>Concerning degrees of fear which are lesse,<note place="margin">5.</note> such which leave us in a
power to consider and deliberate, they may lessen the malice of the crime
to which they drive, but cannot make the fact innocent. He that is
taken by a Tyrant and an unjust power and put amongst the troups, is not
innocent though in that fear and against his will he fight against his Prince.
<gap reason="foreign">
                              <desc>〈 in non-Latin alphabet 〉</desc>
                           </gap>,
said <hi>Dio Cocceius, They went willingly to warre, if at least they may
be said to be willing who are constrain'd by fear.</hi> It is an unwilling willing<g ref="char:EOLhyphen"/>nesse,
and therefore it is a sin almost against their will. For in despite of
such a constraint,<note place="margin">Dial. Me<gap reason="illegible" resp="#TECH" extent="1 letter">
                                 <desc>•</desc>
                              </gap>etrie.</note> a man may use his liberty; as <hi>Lucian</hi> saies of the yong man,
<gap reason="foreign">
                              <desc>〈 in non-Latin alphabet 〉</desc>
                           </gap>, <hi>He did not
marry, but though his Father forc'd and compell<gap reason="illegible" resp="#TECH" extent="1 letter">
                                 <desc>•</desc>
                              </gap>d him, yet he refus'd.</hi>
                        </p>
                        <p>The same is the case of Superstition,<note place="margin">6.</note> which is an excessive and inordi<g ref="char:EOLhyphen"/>nate
fear in the matter of religion. If the fear be supreme and distracting,
the effects of it are very pityable; but criminal onely in that degree in which
<pb n="514" facs="tcp:58903:568"/>
it is vincible and can be subdued by reason. When <hi>Michael Stifelius</hi> a <hi>Ger<g ref="char:EOLhyphen"/>man</hi>
in <hi>Luther</hi>'s time had affrighted the people with a confident and terrible
prediction of the day of Judgement within a few days to be revealed, the
poor affrighted people left off their daily labours, and took care of no du<g ref="char:EOLhyphen"/>ty
for this life. This omission at another time would have been very cri<g ref="char:EOLhyphen"/>minal;
but now their superstitious fear did alleviate it, if not wholly take it
away. But in this there is nothing particular, save onely that the causes
of fear in this case are worse then in other things; but the effects themselves
are not commonly very bad.</p>
                        <p>But this passion of fear hath in it yet more difficulty in relation to
humane contracts and obligations,<note place="margin">7.</note> which can be evacuated and declar'd ne<g ref="char:EOLhyphen"/>ver
to have oblig'd if they commenc'd with fear. For upon this account
some pretend contracts of marriages, absolutions from Ecclesiastical cen<g ref="char:EOLhyphen"/>sures,
testimonies in testamentary causes, vowes, donations, sentences, re<g ref="char:EOLhyphen"/>signations
of Benefices, constitutions of Proctors, election to offices, and
oaths of obligation to men, and promises, not to oblige, if the promiser or
contractor was constrained by fear.</p>
                        <p>But to all these the answer will be the same,<note place="margin">8.</note> for they are all discernable
by the same reason. If the fear was such that it might affright a wise and
a constant person, the law judges the contract to be null, and not to oblige
in law, which is the measure of contracts and legal obligations. But al<g ref="char:EOLhyphen"/>though
the law declares many particular cases, in which the fear does annul
the contract, and in such cases ordinarily there needs no further inquiry;
yet because many cases happen in which the law hath not regularly declar'd
her sentence, by that measure which the law goes by, we may without trou<g ref="char:EOLhyphen"/>ble
determine our selves. The rule therefore is this; When any evil threat<g ref="char:EOLhyphen"/>ned
is so great, that to suffer it is more intolerable then to doe the thing to
which you are compell'd, there the fear is suppos'd great enough to nullify
the contract. If a rich person be threatned, that he shall be forc'd to pay a
hundred pound, or marry the oppressors daughter; if he promises to marry
her he is oblig'd, and that fear and that threatning shall not prevail to eva<g ref="char:EOLhyphen"/>cuate
his promise. Because he that so threatens intending but an evil that
is very tolerable, if the marriage be of worse mischief, he did not chuse it
out of fear; for he that does so, chuses the lesse evil to avoid a greater, not
a greater to avoid a lesse:<note place="margin">lib<gap reason="illegible" resp="#TECH" extent="1 letter">
                                 <desc>•</desc>
                              </gap>. singul. ad Marcellin. de Spir. &amp; liter.</note> so S. <hi>Austin</hi> observes, <hi>Neque enim dici solet quispiam
voluntate fecisse, siquid fecit invitus; quanquam si subtiliùs advertamus,
etiam quod quisque invitus facere cogitur, si facit, voluntate fecit: sed quia
malit aliud,</hi>
                           <note place="margin">in Epicte<gap reason="illegible" resp="#TECH" extent="1 letter">
                                 <desc>•</desc>
                              </gap>um.</note> 
                           <hi>ideo invitus, hoc est, nolens, facere dicitur;</hi> and <hi>Simplicius</hi> to the
same purpose, <hi>quia licet inviti agamus, tamen sic agere eligimus,</hi> It is in<g ref="char:EOLhyphen"/>deed
against our will; but when things are in an evil state, we chuse the least.
If therefore he chuses that which he saies is a worse evil, he cannot pretend
it is for that fear; and consequently it must be upon some other motive,
something of his own; and if it be, it will verify the contract. <hi>Titius</hi> finds
<hi>Caius</hi> at an advantage with a Watch &amp; a Ring about him of no great value;
he threatens to take them from him, unlesse <hi>Caius</hi> will promise the next
day to bring him twenty talents. <hi>Caius</hi> promises it, and therefore is oblig'd,
for he cannot say, he was compell'd. For no lesse violence can constrain us
to suffer a greater, because that is far more eligible then this. And there<g ref="char:EOLhyphen"/>fore
the law calls nothing a just cause of fear, but the fear of the greatest
evils, as death, torment, dismembring, intolerable disgrace; that is, such
<pb n="515" facs="tcp:58903:568"/>
things which to avoid a man would suffer any evil that is lesse. Now be<g ref="char:EOLhyphen"/>cause
in contracts we intend some advantage to our selves, real or imagina<g ref="char:EOLhyphen"/>ry,
and in contracts effected by a great fear we can design none but the
avoiding of a greater mischief, the law and right reason wholly attribute it
to fear, and therefore annul the contract. <hi>Martial</hi>'s case is pertinent to
this inquiry,
<q>
                              <l>Quod si me tonsor,<note place="margin">lib. 11. Ep. 59.</note> cum stricta novacula supra est,</l>
                              <l>Tunc libertatem divitiasque roget,</l>
                              <l>Promittam: nec enim rogat illo tempore tonsor;</l>
                              <l>Latro rogat: res est imperiosa timor.</l>
                              <l>Sed fuerit curvâ cùm tuta novacula thecâ,</l>
                              <l>Frangam tonsori crura manusque simul.</l>
                           </q>
If a Barber when the rasor is upon my throat contracts with me for twenty
pound, if I fear he will cut my throat if he be denied, I promise to him as
to a thief, with whom whatsoever contract I make in my intolerable fear,
no law of man does verify it. But <hi>Martial</hi> as to his instance was no good
Casuist.</p>
                        <p>For if it be inquir'd whether I am oblig'd in Conscience to keep my
promise to a thief or a <hi>bandito,</hi>
                           <note place="margin">9.</note> which I made to save my life; I answer that
I am. Because he being an outlaw and rebell against all Civil laws, and in a
state of warre, whatever you promise to him, you are to understand it ac<g ref="char:EOLhyphen"/>cording
to that law under which then you are, which is the law of Nature
and Force together. So that you cannot be guarded by the defensative of
the Civil laws, nor is your contract under it's guard and conditions. In
contracts under the protection of Civil laws, we are to goe by it's mea<g ref="char:EOLhyphen"/>sures,
and the contract is good or bad accordingly. But when we have no
measures but what we can get of our selves, our contracts are to begin and
end between our selves, and by our own proportions. But in law no man is
suppos'd to have consented, but he in whose power it is to dissent. <hi>Si vis
scire ut velim,</hi>
                           <note place="margin">Seneca.</note> 
                           <hi>effice ut possim nolle:</hi> and every contract must have <gap reason="foreign">
                              <desc>〈 in non-Latin alphabet 〉</desc>
                           </gap>,
as <hi>Damascen</hi> calls it, <hi>a desire free from all bond.</hi> 
                           <gap reason="foreign">
                              <desc>〈 in non-Latin alphabet 〉</desc>
                           </gap>.
If there be force and a sad necessity in it, it is a calamity ra<g ref="char:EOLhyphen"/>ther
then a contract; and therefore the laws intend to defend and rescue us
from the oppression.</p>
                        <p>I am to adde one caution,<note place="margin">10.</note> That no reverential fear, let it be never so
great, and the person never so timorous, so that the use and ministeries of
reason be left, can excuse a sin, or nullify a contract. The reason is given by
<hi>Aristotle,</hi>
                           <note place="margin">Ethic. lib. 10. c. ult.</note> 
                           <gap reason="foreign">
                              <desc>〈 in non-Latin alphabet 〉</desc>
                           </gap>,
<hi>The Fathers Empire hath in it no violence and no coaction.</hi> And <hi>Heliodorus
Prusaeus</hi> in his paraphrase saith the same thing, that the commands of Pa<g ref="char:EOLhyphen"/>rents,
or such whom we reverence and fear, <gap reason="foreign">
                              <desc>〈 in non-Latin alphabet 〉</desc>
                           </gap>,
<hi>have not such force as to compel:</hi> not but that we are to obey;
but that what we doe out of reverential fear to them is not compell'd, but
voluntary and chosen.</p>
                        <p>What is said of Fear,<note place="margin">11.</note> is not true of other passions, <hi>lust</hi> and <hi>anger,</hi> or
whatever else is productive of those effects which use to make men asham'd,
and disorder all their interests. 1. Because these passions are seldome of
that nature and degree of violence as to take away all powers of delibera<g ref="char:EOLhyphen"/>tion,
and therefore they are but seldome fit to be pretended in excuse of any
<pb n="516" facs="tcp:58903:569"/>
action. 2. They are commonly the true Mothers, the univocal parents of
their productions, otherwise then it is in fear and drunkennesse and igno<g ref="char:EOLhyphen"/>rance;
for these produce things of a nature different from their immediate
principles, as drunkennesse produces effects of anger, of lust, &amp;c. that is, it
is the occasion of them, not the proper Mother. But lust produces lust,
and anger sends forth angry words, and spitefull actions, and resolutions of
revenge. 3. The products which come from these passions are so very far
from being rendred involuntary, that by these passions they are made most
delightfull, and without them they could not please at all. 4. Whenever
they prevail to any violence or extremity of degree, it is by an increasing
will; not by weaknesse and natural infirmity, but by a moral state of infir<g ref="char:EOLhyphen"/>mity,
that is, a state of sinfulnesse. 5. It is not in these as it is in fear, or
vincible ignorance, that what is voluntary in the cause may be involuntary
in the effect: but in these passions and temptations, the Mother and the
daughter are chosen; not the one directly and the other by interpretation,
but both of them properly, directly and immediately. For these rea<g ref="char:EOLhyphen"/>sons
the case of these passions is curiously to be distinguish'd from the pre<g ref="char:EOLhyphen"/>cedent.
But when these passions doe come to extremity, although their
proper acts are not the lesse sins but the greater, as an act of anger is the
more devilish by how much the passion is the more extreme; yet if any
aequivocal and contingent effects be produc'd, as if in the violence of lust
a child be run over and hurt, or any thing that is not natrual to that passion,
nor intended by the man, then according to the degree of the ecstasy and
transport by the passion, the contingent effect may be lessen'd in it's malig<g ref="char:EOLhyphen"/>nity.
And in this sense is that of <hi>Libanius</hi> to be understood;<note place="margin">Declamat. 22.</note> or else it is not
true, that injuries are very often to be remitted if the man hath drunken<g ref="char:EOLhyphen"/>nesse
for his excuse, <gap reason="foreign">
                              <desc>〈 in non-Latin alphabet 〉</desc>
                           </gap>, <hi>or anger, or for<g ref="char:EOLhyphen"/>getfullnesse,
or arrogance, or any such like thing.</hi> Like to this is that of <hi>Arrius
Menander,</hi>
                           <note place="margin">ubi suprá.</note> Capital punishments are not to be inflicted <hi>per vinum aut lasci<g ref="char:EOLhyphen"/>viam
lapsis, to them that offend by the follies of drunkennesse or the violence
of lust.</hi>
                           <q>—Et vino tortus, &amp; irâ:</q>
Wine &amp; rage are like two racks, &amp; compel men to open secrets. Now when
the case is so that the effect is aequivocal, as it is in drunkennesse in many
instances, and in other passions sometimes, there onely there is some dimi<g ref="char:EOLhyphen"/>nution
or excusing of the crime. But the Ancients gave too much liberty,
and an indifferent sentence in these cases, because wanting the Christian
measures they understood no better.</p>
                     </div>
                  </div>
               </div>
               <div n="2" type="chapter">
                  <pb n="517" facs="tcp:58903:569"/>
                  <head>CHAP. II. Of the Finall Cause of Humane actions; and it's influence
or Causality of Good and Evil.</head>
                  <div n="1" type="rule">
                     <head>RULE I. In every good action the means and the end must
be Symbolical: so that, 1. a good action done
for an evil end, and 2. an evil action done for a
good end, are alike Criminal.</head>
                     <p>
                        <seg rend="decorInit">T</seg>HE first part of this Rule is in the express words of our
Blessed Lord,<note place="margin">1.</note> 
                        <hi>Take heed that you give not your alms be<g ref="char:EOLhyphen"/>fore
men to be seen of them.</hi>
                        <note place="margin">Matth. 6. 1.</note> Even alms, which are our
righteousness, and so rendred both by the Arabick and
the Vulgar Latin, yet if done to vainglorious purpo<g ref="char:EOLhyphen"/>ses,
are good for nothing, but are directly acts of vain<g ref="char:EOLhyphen"/>glory.
<gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>, saith
S. <hi>Basil,</hi> The noise of a trumpet spoils our alms. For
from the end every action is qualified; and an indifferent action is made
good and bad by the end; and that which is so already, is made more so by
a participation of that to which it is design'd. For the end changes the
nature as well as the morality of the action.<note place="margin">Lib. 5. Ethic. cap. 2.</note> So <hi>Aristotle,</hi> 
                        <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>.
He that commits adultery for gain is covetous,
not lascivious: but he that spends his money and suffers loss for his lusts
sake, he is the wanton. And therefore God and all wise men regard not
the exterior action in their accounts of vertue, but the manner and
purpose of doing it. <hi>Quoniam quidem non in facto laus est, sed in eo
quemadmodum fiat. Eadem res si gulae datur, turpis est: si honori, re<g ref="char:EOLhyphen"/>prehensionem
effugit. Amico aegro aliquis assidet? probamus: at hoc si hae<g ref="char:EOLhyphen"/>reditatis
causâ facit, vultur est, cadaver expectat.</hi> So <hi>Seneca. The praise
and vertue is not in the thing done, but in the manner of doing it. If we
spend great sums of money in our Kitchin, it is sordid: but if upon publick
works, on Colleges and Hospitals, on the Poor or upon Religion, it is brave and
noble.</hi> He that <hi>visits his sick</hi> friend <hi>in charity, does well; but he that sits
by him and watches with him in hope to get a legacy, is a vultur, and watches
for the Carcasse and the Prey.</hi>
                     </p>
                     <p>Now concerning this,<note place="margin">2.</note> the best Compendium of all the Cases of Con<g ref="char:EOLhyphen"/>science
which can relate hither, is, that with hearty simplicity we pursue that
rule of S. <hi>Paul,</hi>
                        <note place="margin">1 Cor. 10. 31.</note> 
                        <hi>VVhether ye eat or drink, and whatsoever ye doe, doe all to
<pb n="518" facs="tcp:58903:570"/>
the glory of God:</hi> the same with those other words of his, for the one
illustrates and explicates the other,<note place="margin">Coloss. 3. 17.</note> 
                        <hi>Whatsoever ye shall doe in word or deed,
doe all in the name of the Lord Jesus, giving thanks to God even the Father
by him.</hi> Concerning the obligation and full sense of these precepts, the fol<g ref="char:EOLhyphen"/>lowing
measures are our Rule.</p>
                     <p>1. He that in every action that is considerable,<note place="margin">3.</note> and fit to be noted
and discerned, and is distinguished by counsels and consultations, by delibe<g ref="char:EOLhyphen"/>ration
and observation, does actually design the glory of God, does his
work most perfectly. It will shame the tepidity and incuriousness of Chri<g ref="char:EOLhyphen"/>stians,
if I tell them that this advice is given to us by some wise Heathens.
When <hi>Marcus Brutus</hi> had given many excellent precepts to parents, and
children, and brethren, he adds, <hi>Haec nemo faciet quemadmodum debet nisi
habuerit quò referat. Proponamus oportet finem summi boni, ad quem ni<g ref="char:EOLhyphen"/>tamur,
ad quem omne factum nostrum dictúmque respiciat, veluti navigan<g ref="char:EOLhyphen"/>tibus
ad aliquid sidus dirigendus est cursus. No man can doe these things as
he ought, unless he direct them to some proper end. We must propose to our
selves the chiefest good for our end, to which every word and every deed of
ours must have regard; as mariners in their sailing look to a star for con<g ref="char:EOLhyphen"/>duct.</hi>
This is not so to be understood as if we were to make acutal directions
and dedications of every single word, or little minute action we doe, to
the glory of God: this is a snare to Consciences, and an Hypochondriacal
devotion which some Friers have invented, and attributed to S. <hi>Gertrude,</hi>
of whom they report that Christ admonish'd her that she should conse<g ref="char:EOLhyphen"/>crate
every little part of action and word unto him; not only every wri<g ref="char:EOLhyphen"/>ting,
and every discourse, and every meal, and every prayer, but every
bit she put into her head, &amp; every letter she did write, every single step she
did tread: just as if a man that were to receive a thousand pound should
tell it over by so many single Maravides, and not be content to tell every
shilling, but reckon how many farthings are in the whole sum; this would
sound great as the Spanish Coblers portion to his daughter, but certainly
a wise man will find something else to doe, which may be more really for
God's glory, then so to tell his little minutes and particles of actions. It is
a great piety if we dedicate to God all our states of life, and all our great
actions in every state, and all changes, and every day, and every night, and
every meal, and every beginning of labour, and give God thanks at every
end, and invocate his help in every progression; for so doing, we shall
consecrate our whole life to God.<note place="margin">Hist. Lausiac. c. 20.</note> And this counsell S. <hi>Macarius</hi> of <hi>Alex<g ref="char:EOLhyphen"/>andria</hi>
gave to <hi>Palladius</hi> Bishop of <hi>Helenopolis;</hi> who when he was a young
man was much troubled in Conscience concerning his unprofitable life, and
suppos'd that he did nothing that was good, nothing that was profitable,
but all he did was vain and trifling. <hi>Macarius</hi> told him, <hi>Dic tu tuis cogitatio<g ref="char:EOLhyphen"/>nibus,
Propter Christum custodio parietes,</hi> when such afflictive thoughts doe
intervene, say unto them, <hi>For Christs sake I keep the walls.</hi> Nothing could
be a meaner imploiment, nothing could be less usefull; for the walls were
not likely to run away. His meaning was, whatsoever the imploiment of
a mans day or a mans life be, though never so mean, yet if it be done with
a single eye, and with an intuition to Christ, it is a holy imploiment.</p>
                     <p>2. Although our intentions by how much the more they are actual,<note place="margin">4.</note>
by so much they are the better, yet it is not necessary that they be alwaies
actual; but they are right if they be virtually and habitually directed unto
<pb n="519" facs="tcp:58903:570"/>
God: that is, that by some general designation of our actions, by the re<g ref="char:EOLhyphen"/>newing
of our intentions actually in certain periods of time, as in the mor<g ref="char:EOLhyphen"/>ning
of every day, or at evening, or both, or in every change of imploi<g ref="char:EOLhyphen"/>ment,
we have an actual intuition on God and God's glory; and then,
though we only attend to the work without any more actual consideration
of the end, the intention may be right, and the action sanctified.</p>
                     <p>3.<note place="margin">5.</note> But because thousands of words and actions may pass wise and
good men in which they do not actually reflect upon the end of God's
glory, and that possibly the thinking of it, and saying, <hi>I design this to God's
glory,</hi> is of no more value then if a man saies, <hi>I love God;</hi> which if it be
only an act of fancy, or of ineffective affection, is no sure indication of the
true love of God, but must be expressed by something that is more mate<g ref="char:EOLhyphen"/>rial
and properly significative of love according to the Commands of God
and the manner of Men; therefore we cannot better judge of the goodness
of our intentions, or that we do our actions for the glory of God, then when
we are in all things carefull that we doe nothing against any of the laws of
God. For this is that charity which is the singleness of a Christian eye:
<hi>Ut noverimus omnia opera nostra tunc esse munda, &amp; placere in conspectu Dei,
si fiant simplici corde, id est, intentione supernâ, fine illo charitatis, quia &amp;
plenitudo legis charitas est. Oculum ergo hic accipere debemus ipsam intenti<g ref="char:EOLhyphen"/>onem
quâ facimus quicquid facimus: quae si munda fuerit &amp; recta, &amp; illud
aspiciens quod aspiciendum est, omnia opera nostra quae secundum eam opera<g ref="char:EOLhyphen"/>mur,
necesse est bona sint.</hi> So S. <hi>Austin.</hi> He does all to the glory of God,
that does all his works, and speaks all his words in charity; just as he
works for a reward, who does that good thing which shall be rewarded,
though it may be he thought not of it since his first beginning of his Un<g ref="char:EOLhyphen"/>dertaking.
<hi>To doe all things by the rule of God's will, is to doe all things
for the end of God's glory.</hi> For he that walks with his eye upon the rule, is
all the way carefull that he may not dishonour God; and that's a great
matter towards it:<note place="margin">Plin. lib. 3. ep. 11.</note> and he may at least say of himself, <hi>Non ideo tamen
eximiam gloriam meruisse me credo, sed tamen effugisse flagitium;</hi> if God
hath acquired no honour by my action, I am glad I have not dishonoured
him: and yet he that actually takes care that God be not dishonoured, does
obey God, and that's our best love to God, and in this world our greatest
glorification of him; it is more then all songs and thanksgivings expressed
in words or transports of fancy. If we take care that all our actions be
obedience, and nothing be against God's will, we glorifie God rightly.
<hi>Adjice nunc, quod nihil honeste fit,</hi>
                        <note place="margin">Seneca ep. 82.</note> 
                        <hi>nisi cui totus animus incubuit atque affuit,
cui nullâ parte sui repugnavit.</hi> That is done honestly that is done with an
honest and a whole heart, and is all of a piece, nothing at all repugnant to
the Rule.</p>
                     <p>4. He does all things for the glory of God,<note place="margin">6.</note> that does nothing for an
evil or a forbidden end: that is, if we take care that there be no foulness
or any unlawfull thing in our purposes. For if a man does things wisely, he
must design some end; and therefore if his end be not evil, then it is a law<g ref="char:EOLhyphen"/>full
end: and if he <hi>studiously</hi> declines every end that is evil, he is carefull
that God be not displeased, that God be not dishonoured, and whatever
ends can be besides all ends that are evil, are certainly good, that is, eligi<g ref="char:EOLhyphen"/>ble
for some good purpose; it comes from God, &amp; to him it returns. The first
of these waies is a doing all things to the glory of God <hi>actually.</hi> The second
<pb n="520" facs="tcp:58903:571"/>
does it <hi>virtually,</hi> or <hi>habitually.</hi> The third is a glorifying of God <hi>interpreta<g ref="char:EOLhyphen"/>tivè,</hi>
by equivalence and interpretation: and this fourth does it <hi>consecuti<g ref="char:EOLhyphen"/>vè,</hi>
by way of consequence and acceptation.</p>
                     <p>5. There is yet another way of doing it,<note place="margin">7.</note> which is so perfect an indi<g ref="char:EOLhyphen"/>cation
of the designing God's glory, that unless our hearts deceive us, the
sign will not; and that is, a beginning all our actions and changes with
prayer,<note place="margin">Ubi suprá.</note> and ending them with thanksgiving: this is that which S. <hi>Paul</hi>
cals a doing <hi>all things in the name of the Lord Jesus; giving thanks to God
the Father by him.</hi> For to doe things in the Name of Christ can signifie no<g ref="char:EOLhyphen"/>thing
but a doing them at his word, and by his aid; which when we pray for
of God in his Name, and then return thanks to God by him, we have
evidently directed that action to the Divine glory. And this is the full
meaning of those words of the Apostle, <hi>Every creature is sanctified by
the word of God and prayer.</hi> That is, whatsoever is taken according to God's
word, and upon whatsoever so taken we pray for the Divine blessing, it is
sanctified, and ministers to the good pleasure and glory of God. So that if
God be at any end of the action, and be at no end of it displeased, we have
secur'd our intentions: and there will be the less need by scrupulous fears
to afflict our selves concerning actual remembrances and intuitions of
the end; since there are so many waies of supply and equivalent perfor<g ref="char:EOLhyphen"/>mances.
For</p>
                     <p>6. He that does all that he does because he supposes God commands
him or allows him,<note place="margin">8.</note> and abstains from all things from which he does abstain
only because God hath forbidden those things, this mans intentions are
right, and his actions pointed to a proper end. For then every act is an act of
obedience, and that is love, and that is the great instrument of the glori<g ref="char:EOLhyphen"/>fication
of God.</p>
                     <p>The second part of this Rule, viz. <hi>An evil action done for a good end is
Unlawfull,</hi> is plainly enough taught us by S. <hi>Paul,</hi> Rom. 3. 8. and I have alrea<g ref="char:EOLhyphen"/>dy
<note n="*" place="margin">Book 1. ch. 5. rule 8.</note> given account of such particulars as are under the general Considera<g ref="char:EOLhyphen"/>tion.
This only is to be added; that an evil done for a good end merely
and intirely, is less then that which is not so alleviated; according to that
saying of S. <hi>Austin, Pejor est qui concupiscendo quam qui miserando furatur,</hi>
He that steals that he may give alms is not so bad as he that steals in Co<g ref="char:EOLhyphen"/>vetousness
and for his own increase.</p>
                  </div>
                  <div n="2" type="rule">
                     <head>RULE II. To doe an action of it self lawfull, for temporal re<g ref="char:EOLhyphen"/>gards,
for ends of profit, pleasure or honour, is
not unlawfull, except it be accidentally.</head>
                     <p>THE <hi>Arabians</hi> have an excellent Proverb,<note place="margin">1.</note> 
                        <hi>Anima boni operis bona est
intentio, A good intention, or a good Mind, is the Soul of a good work.</hi>
Now by how much the more noble that end is which is the design and pur<g ref="char:EOLhyphen"/>pose
of the agent, by so much the more excellent is the action. We
ought therefore to consider that every thing that God hath made is good,
and every desire of man which is Natural is also good; and God made
<pb n="521" facs="tcp:58903:571"/>
amabilities in several objects, and inclinations and tendencies towards
them in several faculties; and he that gave us desires to them, intended
also that we should obtain and use them, and therefore he also fitted us
with means to acquire them. It follows therefore that those actions which
proceed from those desires as those desires proceed from God, and tend to<g ref="char:EOLhyphen"/>wards
those ends whether God himself by the measures and laws of Cre<g ref="char:EOLhyphen"/>ation
hath directed them, must needs be very innocent and lawfull. If
God gives Riches as a blessing and a reward of piety, it is lawfull to desire
riches, and to labour for them. If Honour be a gift of heaven to them that
honour God, then to desire honour and to doe actions for that end cannot
be criminal. If Pleasure be created by God as an instrument to serve many
ends of Nature and Grace it self, then to desire pleasure, and to doe acti<g ref="char:EOLhyphen"/>ons
in order to it, is not against the end of God's glory, because it is not
against his will. These things are as evident as a demonstration. All that
remains is, that in these we also glorifie God; that is, so use them, so de<g ref="char:EOLhyphen"/>sire
them, so design them, that they be still left in that place and in that
order where God appointed them: that is, that they entertain our in<g ref="char:EOLhyphen"/>termedial
desires, and satisfie the needs of our journy and travel, and
please our ministring appetites in order to their service to their Superi<g ref="char:EOLhyphen"/>or:
that as this life is but a passage to a better, so these desires may mini<g ref="char:EOLhyphen"/>ster
to higher, and by the comforts and satisfactions of this world promote
our affections and purchases of the other. The particulars of which are
briefly these.</p>
                     <p>1. These temporal ends must not fill our affections and divert them
from things better and more excellent.<note place="margin">2.</note> 
                        <hi>Si ipsa cordis intentio quâ facis
quod facis, quae tibi nota est, sordidatur appetitu rerum terrenarum &amp; tempo<g ref="char:EOLhyphen"/>ralium,
atque caecatur, quanto magis ipsum factum, cujus incertus est exitus,
sordidum &amp; tenebrosum est?</hi> said S. <hi>Austin.</hi> Our appetites must not be pol<g ref="char:EOLhyphen"/>luted
with earthly affections. Which S. <hi>Basil</hi> expresses well in answer to
that question,<note place="margin">In reg. brevior. reg. 196.</note> How in eating and drinking can we glorifie God? <q>
                           <hi>Mensam
accedas animo non nimium soluto, &amp; in solum cibum hiante, Come not to
the table with a dissolute mind and a greedy desire.</hi> Say not, Bring me,
bring me, the meat is mine own, I lick my own plate, I live of mine
own provisions; and therefore I will please my self, that I may feel my self
to live. You must not so speak, and you must not so eat: but rather
revolve in thy mind, <hi>Inspectorem habeo Deum,</hi> God beholds me; I will
therefore so eat that no man may be offended, nor God's glory lessened.
I will not be the slave of my own belly, or follow it's pleasures alone;
neither will I live to eat, but eat that I may live, and be enabled to bear
the burdens of my life and duty.</q> Plainly thus; He that observs the mea<g ref="char:EOLhyphen"/>sures
of Temperance, the limits and ends of Nature, aud materially serves
those ends which he is bound to take care of; he eats and drinks to God's
glory: although he doe not formally design by actual intuition this meal
to God's glory. Let him so eat that he may be fit to serve God, and that he
neither desire, nor actually do serve his lust; let his pleasure extend
no further then to serve his health and natural and religious ends, that is,
let it be intermedial to that end whether the eating it self is design'd; and
the intention is innocent. For he that chuses this dish rather then another,
because it is pleasant, hath not corrupted his intention; if this pleasure
serves no more but that intermedial end which is in a natural or proper or<g ref="char:EOLhyphen"/>der
to a further end of God's appointing. That he eats this and not that,
<pb n="522" facs="tcp:58903:572"/>
his end is pleasure; but because that he eats at all hath another end, even
to enable him to live in duty to God and his Neighbour, and to preserve
his life according to the measures of charity and duty, this end of
pleasure is innocent, because it is Natural, and produc'd by God, and
goes on further towards the other ends of God. So that the result is
this; Actions may be done innocently for temporal ends, if those tem<g ref="char:EOLhyphen"/>poral
ends be but intermedial, and be carried on further according to the
purposes of God.</p>
                     <p>2. We may serve our temporal ends according to our Natural or Po<g ref="char:EOLhyphen"/>litical
desires,<note place="margin">3.</note> alwaies provided that we observe those measures which God
hath prescribed; for then we are sure they will bear us on to the glory of
God; for that's their purpose, and that must be ours. A man may seek
to be honoured, but he must not seek it by ill means; * he must not make the
service of God to give way to that; * his affections must not dwell in that
purchase; * it must leave no vanity upon his spirit; * it must not serve the
end of pride; * it must be some way or other for God, in the beginning
or in the latter end: that is, if it be not actually or virtually designed for
Gods glory and service, that is, for the good of our Neighbour or our own
Soul, by that means to incourage us in vertue; it must at last be referred
to God,<note place="margin">Vide Reginald. prax. lib. 12. cap. 3. n. 27.</note> and passing through us rest upon him. <hi>Cajetan, Navarre</hi> and <hi>Regi<g ref="char:EOLhyphen"/>naldus</hi>
from this instance except two cases; saying that if the honour be
our due, as if we receive it from our Subjects and inferiors; or if it be
matter of favour and grace, indulged to us by our Superiours, it is lawfull
to receive it without either actually or habitually referring it unto God:
that is, we may take honour to our selves without referring it to God,
when that honour is our due, and when it is not our due; when it is paid us
in justice, or when it is given us in kindness; which are almost all the cases in
the world of receiving honour. But this doctrine ought not to be receiv'd,
as being infinitely unreasonable and very impious; since in the case of
<hi>Herod</hi> God declar'd his anger mightily because he received honour from his
Subjects, and did not in so doing glorifie God.</p>
                     <p>3. All designs of profit,<note place="margin">4.</note> pleasure and honour, must be the less princi<g ref="char:EOLhyphen"/>pal;
that is, ever subordinate to duty and religion: for although the profit or
the pleasure swim uppermost, and be the actual mover to the particular
instance, and be more perceived then any actual consideration of the last
and noblest end; yet this is not sufficient to condemn the intention, unless
it be made the principal; that is, that it be not only more delighted in by
the contacts of sense, but preferred also in our understanding part, and
our abused reason. Concerning which we may take accounts by the pro<g ref="char:EOLhyphen"/>portions
I have formerly described.<note n="*" place="margin">See Book 1. ch. 2. Rule 5.</note> But in General, Our best measure
we can take in the regulating this Case of Conscience is, that we enquire
whether we prefer the ultimate or the intermediall end; which trial we
may easily make when they cross one another, as it often happens they
doe in the very instance, and very often in their proportions, circum<g ref="char:EOLhyphen"/>stances
and degrees. If we will not receive our profit or our plea<g ref="char:EOLhyphen"/>sure
without innocence, our purposes and our hearts are right; only then
we are to take care that the love of our profit doe not hinder us in making
right judgments concerning Lawfull and Unlawfull. For very often we
think our affections and <hi>our purposes are right,</hi> when there is no other cause
to think so but because <hi>our understandings are not right.</hi>
                     </p>
                     <p>
                        <pb n="523" facs="tcp:58903:572"/>
But for the fuller understanding of our measures in this inquiry, there
are some particular Cases of Conscience to be resolved.</p>
                     <p>1. Whether it be lawfull to serve God for any end less then him<g ref="char:EOLhyphen"/>self;<note place="margin">5.</note>
for riches, for honour, for defence and security of our lives, for health
and secular satisfactions: <hi>that is,</hi> Whether it be lawfull to make God and his
service to be intermedial to the things of the world, the ultimate end to be in<g ref="char:EOLhyphen"/>termedial,
and this to be the ultimate.</p>
                     <p>I answer;<note place="margin">6.</note> It is at no hand lawfull to doe so, if the meaning be such,
that if these ends should fail, we would no longer serve God; for then
these temporal ends are principal, when without them the service would not
be done, and with them alone it would. But it is lawfull to serve God
for temporal ends, provided that these being but some or all the first in<g ref="char:EOLhyphen"/>centives
of duty, they bear us on indeed to the service of God. For he
that serves God for temporal ends does well; and it matters not where the
service of God begins; whether by fear or hope, whether for temporal re<g ref="char:EOLhyphen"/>gards
or upon wise discourses: the more imperfect motives are more usual
with beginners. But then although it matters not where we begin, yet it
is a very great matter whether these beginnings carry us: for if upon these
first incentives we do indeed serve God, then our love to God begins
from them; and if these imperfect principles be the beginning of our love,
they will certainly end in God. But if the question be concerning a single
action, whether it be lawfull to be done only for a temporal regard, as to
get fame or money; I answer, that a single action done alone for any such
consideration with actual rejection, or positive neglect of all other consi<g ref="char:EOLhyphen"/>derations,
is in it's whole constitution criminal: and in this sense those
words of <hi>Publius Mimus</hi> are true, <hi>Malus est vocandus qui suâ causâ est bo<g ref="char:EOLhyphen"/>nus,</hi>
He is no good man that does good only for his own sake. For it is a
direct preferring the world before God, and is not a serving God for tem<g ref="char:EOLhyphen"/>poral
ends, but wholly a serving our selves by actions which in those circum<g ref="char:EOLhyphen"/>stances
are no serving of God, but a doing of some material actions of
religion in mere hypocrisie. But to serve God for temporal ends is very
lawfull, 1. when these temporal ends are either the incentive and argument
used by God to move us to his service; especially if no other be used, and
if the Covenant be founded upon temporal promises, as the Law of
<hi>Moses</hi> was; 2. or when these temporal ends are but the first and beginning
motive, and lead us on to other and better; 3. or when they doe actually
consist &amp; are conjunct with others; 4. or when they are in true estimate and
value subordinate and less principal; or 5. when the temporal end is first
served, and the service is a return of gratitude, and the effect of preceding
obligation.</p>
                     <p>The first of these was the case of them in the old Law. The second is the
ordinary case of beginners in religion. The third was the case of <hi>Moses,</hi>
who <hi>despised to be called the son of Pharaohs daughter, because he had an eye
to the recompence of reward:</hi> which reward was both temporal and eternal.
The fourth is the case of all them who follow after godliness because it
<hi>hath the promises of the world that now is, and of that which is to come;</hi> and
that <hi>seek the Kingdom of heaven and the righteousness thereof,</hi> knowing
that <hi>all these things</hi> (which they need here) <hi>shall be added</hi> to them; added
<hi>ex abundanti,</hi> besides those greater and more glorious promises belon<g ref="char:EOLhyphen"/>ging
to the Kingdom of grace. And the last was the Case of <hi>Job. Doth
<pb n="524" facs="tcp:58903:573"/>
Job serve God for nought?</hi> No, he had received many blessings which
had endeared and obliged his services. But as in all cases God gives us
temporal blessings in order to his service and the communication of Eternal;
so must our intentions and designs be, ever subordinate, <hi>ever apt to yield
in case of opposition, but alwaies ministring in case of compatibility and
consistency.</hi>
                     </p>
                     <p>2. <hi>The second inquiry is,</hi>
                        <note place="margin">7.</note> In what sense it is true that God must be
served purely for his own sake; and vertue pursued for vertues sake, and
not for low regards, for fear or hope, or secular considerations.</p>
                     <p>To this I answer,<note place="margin">8.</note> that this question hath it's principal effect in dis<g ref="char:EOLhyphen"/>course
and contemplation, and but little in practice and in the real events
of actions. For the first thing that any man knows of God is, <hi>that he is,
and is a rewarder of them that diligently seek him:</hi> and no man does chuse
to serve God but he really is assured and believes he shall have a very great
reward:<note place="margin">See Book II. chap. 1. rule 4.</note> and all the laws of God are established upon promises and argu<g ref="char:EOLhyphen"/>ments
of amability and desire. So that to serve God for his own sake, is
nothing but an extasie of love used by some excellent and contemplative
persons, in which they only actually consider the excellencies and perfecti<g ref="char:EOLhyphen"/>ons
of God; being built up in the love of God by the instruments of
fear and hope and experience, and the spirit of God: and to serve God
without reward, can never be any more then a fiction of law or fancy, a
supposition, and a case put, which can never be reduced to act. But even
as the serving of God with intuition of the reward is virtually a serving
God for love of him; so serving God out of mere love of him, is virtual<g ref="char:EOLhyphen"/>ly
a serving God for reward.
<q>
                           <l>Diligeris populo non propter praemia, Caesar:<note place="margin">Epigr. l. 8. 54.</note>
                           </l>
                           <l>Propter te populus praemia, Caesar, amat.</l>
                        </q>
For as no man can wisely hope for the reward but he that does love God;
so no man loves God purely and for himself but he knows also that he is
most sure of his reward. It is like S. <hi>Paul</hi>'s wishing himself anathema
for his Brethren: the greater charity he had in so wishing, the further
that thing was from being effected.</p>
                     <p>2. But yet there is something more material in the answer to this
question.<note place="margin">9.</note> For by God and wise men it is intended we should love God
purely and for himself; but so he does who loves God above every thing
else; for all that supereminent love by which God is more loved then all
the world, all that love is pure and for himself. He that loves God only
for riches or health, loves these better then God: but he that loves God
above these, loves him for these and for himself too; for the good that he
is, as well as for the good which he does.</p>
                     <p>3. He is understood to love God for himself,<note place="margin">10.</note> who abstains from sin
not only because it is forbidden, or because it will bring him to mischief,
but because he hates it; though it may be the prohibition and the fear
first brought in that hatred. For this they usually called the love of ver<g ref="char:EOLhyphen"/>tue
and honesty;<note place="margin">Lib. 4. epist. 20.</note> but the other is necessity. <hi>Neque enim minus apud nos
honestas, quam apud alios necessitas valet,</hi> said <hi>Pliny.</hi> And of this we still
receive the greater evidence, by how much the less we are moved with any
of the lesser appendages of vertue.<note place="margin">Lib. 5. ep. 14.</note> 
                        <hi>Quam me juvat</hi> (said <hi>Secundus) quod
<pb n="525" facs="tcp:58903:573"/>
in causis agendis non modo pactione, dono, munere, verum etiam Xeniis
semper abstinui. Oportet siquidem quae sunt inhonesta, non quia illicita, sed
quasi pudenda vitare. Jucundum tamen, si prohiberi publicè videas quod
nunquam tibi ipsi permiseris. I am pleased that in the administration of
justice I did not only abstain from bribes and presents, but even from new-years
gifts and gratuities. For we ought to abstain from dishonest things not only
because they are unlawfull, but because they are shamefull.</hi> But when a man
had rather doe a base action then suffer trouble, then he gives in evidence,
that he loves not God and vertue in any sense principally. So he in the
Comedy,
<q>Pol pudere quam pigere praestat totidem literis.<note place="margin">Trinum.</note>
                        </q>
It is better to blush then to be hungry, to be ashamed then to smart.
<hi>Lucrum pudori praestat.</hi> That's the intention and design of these men: they
serve vertue as long as vertue will serve their ends of pleasure and profit,
and no more: and this is therefore infinitely against the will and glory of
God, because it destroies the noblest conjugation of graces that are in Chri<g ref="char:EOLhyphen"/>stianity;
it makes that there shall be no such thing as self-denial and Chri<g ref="char:EOLhyphen"/>stian
fortitude, and the greatest love in giving our lives for God, and Mar<g ref="char:EOLhyphen"/>tyrdome.
But the surest conjecture we can make of our intentions when
they are complicated is by the actual cession of one to the other. <hi>Theodoric</hi>
advised well to <hi>Marcellus</hi> the Advocate of his Exchequer, [in <hi>Cassiodore]
Non quoties superes, sed quemadmodum vincas inquirimus. Non quaeras de
potestate nostra, sed potius de jure victoriae: quando laudabilius à parte fisci
perditur, cum justitia non habetur.</hi> I have alwaies power on my side, but
do you take care that I have right. I am willing my revenue be increased,
but at no hand would I have justice violated. Such men as these &amp; in these
cases do love God for himself, therefore because they love good actions
for other considerations then the temporal reward; they love God and
serve him whether it does them hurt or good, pleasure or displeasure: and
that's the true meaning of the old brave Philosophers and Poets, of
loving vertue for vertues sake; they lov'd it when it was discountenanced,
when it was the Enemy of their temporal ends and prosperities; and what
they call'd loving vertue for vertues sake, the Christian calls loving God
purely, or for God's sake.</p>
                     <p>4. But if we search the Scriptures,<note place="margin">11.</note> we shall but seldom see foot-steps
of any such Metaphysical love, as to love God or doe our duty without con<g ref="char:EOLhyphen"/>siderations
of hope or fear: and amongst the braver Gentiles, and amongst
the better Christians in imitation and contentions to excel them, it is fur<g ref="char:EOLhyphen"/>ther
observable, that when they speak of loving vertue for vertues sake,
they only mean to exclude all considerations of sordid ends, of slavish
fear of laws, or the acquist of money. But even in their greatest bravery,
some of them designed to themselves the reward of Honour and an im<g ref="char:EOLhyphen"/>mortal
Name; and the best of them did rest in the peace of their minds,
and that satisfaction which uses to reward a good action even in this life:
but by both these they were by God secretly conducted to an expectation of
a reward hereafter: and there was no love of God ever so abstracted by
any command or express'd intention of God, as to lay aside all intuition of
that reward; because in the receiving of that reward we are most united
unto God, and shall in the best manner and measures glorifie him for ever.</p>
                  </div>
                  <div n="3" type="rule">
                     <pb n="526" facs="tcp:58903:574"/>
                     <head>RULE III. The end and intention of a Law is under the Com<g ref="char:EOLhyphen"/>mandement,
as much as the action it self com<g ref="char:EOLhyphen"/>manded
in order to the end.</head>
                     <p>THIS Rule is meant principally of the Laws of God:<note place="margin">Vide lib. 2. ch. 3. rule 4.</note> Because the
end of all these laws is that which is simply and absolutely good,
and nearer to the chief end which is primarily design'd: and this is an en<g ref="char:EOLhyphen"/>dearment
of our services and a Monitor to our duty in many particulars not
express'd. God hath commanded us to honour our Parents; his end is,
that we may receive the fruits of Government, provision and order, de<g ref="char:EOLhyphen"/>fence
and maintenance respectively. Upon this account, since we are more
bound to comply with the purpose and end of God then with the means to
that end when it is evident and known, because the end is greater in God's
account then the means; we are taught that it is the will of God so to ex<g ref="char:EOLhyphen"/>pound
the words of that Commandement, as may best promote that end:
and by <hi>Honour</hi> is understood all those duties whereby the Parent is confessed
Honourable; and by <hi>Parents</hi> is meant all that are in the place of Parents,
and who minister to the ends of Government.</p>
                     <p>Now this must not be understood as if God did design the end,<note place="margin">2.</note> and
car'd not for the means; for he is the best chuser of the instruments also of
his own service and his own glory: and though the end is better then the
means, yet those are the best means which God hath appointed: but if
we cannot obtain the means, then it will suffice that the end be acquired as
well as we can by other instruments Symbolical. Thus we are bound to
profess the faith of Christ in the susception of baptism: but if we cannot
obtain baptism, which is the usual and appointed publication of our faith,
yet we are obliged still to pursue the end, and confess the faith of Christ
by profession, by holy living, by declaring our desires of baptism, by dy<g ref="char:EOLhyphen"/>ing
for Christ if it be requir'd.</p>
                     <p>This also hath effect upon the instances of our duty so as to enforce
the sincerity and ingenuity of them,<note place="margin">3.</note> and to make them really usefull in
order to their proper ends. Thus we must confess our sins, because we will
forsake them; pray to God for his grace, because we intend to make use
of it; not resting in forms of godliness, but living in the power of it. <hi>Di<g ref="char:EOLhyphen"/>odorus</hi>
lent to <hi>Caius</hi> ten Attic talents; but <hi>Caius</hi> is not able to pay a drachm,
and therefore <hi>Diodorus</hi> forgives him; that he may be thank'd indeed for
nothing.
<q>
                           <l>Condones aut sustineas, Diodore, necesse est:</l>
                           <l>Nam tibi quod solvat non habet arca mea.</l>
                        </q>
But if <hi>Diodorus</hi> will be truly charitable let him lend to <hi>Caius</hi> so much
more; for he serves no end of charity that lets that alone which he knows
he can never get.
<q>Ridiculè hac homines,<note place="margin">Avian. fab.</note> nequeunt quae vendere, donant.</q>
I deny not but it may accidentally serve the ends of charity to forgive him
that is insolvent; it may free him from fear of trouble, and make his life
<pb n="527" facs="tcp:58903:574"/>
comfortable; and he that does it upon these considerations serves the end
of the Commandement. But he that forgives it for no other reason but
because he cannot have it, he does nothing at all; for though he perform
the instance of the law, yet he does nothing toward the end of it.</p>
                     <p>But in humane laws the case is something different;<note place="margin">4.</note> for we are only
obliged to doe nothing against the end of the law: for in this sense is that
of the law to be understood, <hi>Fines mandati sunt diligenter custodiendi.
l. diligenter, ff. mandati.</hi> The ends of the law are with diligence to be kept.
But we are no otherwise bound to promote that end then by observing of
such means as are appointed; that is, if the end be only civil and humane,
and do not also include a duty of religion commanded by God. If the
Church command a fasting-day in order to a corporal affliction of our selves
and an external ministery of repentance, we are bound to obey it; and
though that fasting-day should accidentally be no affliction, yet by virtue
of that law we are no further obliged to afflict our selves. But we are in<g ref="char:EOLhyphen"/>deed
obliged to doe nothing that shall be against the end of that law. <hi>Fi<g ref="char:EOLhyphen"/>nem
certum respicientia non debent contrarium operari. l. quod favore. C. de
legibus.</hi> We must not caress our selves with delicious juice of fishes and
costly wines upon a fish-day. The reason of these things is briefly this. In
humane laws the end is not alwaies good; or if it be, it is not alwaies ne<g ref="char:EOLhyphen"/>cessary;
or if it were in any degree necessary, yet the necessity of it is to
be judg'd by the Supreme, and is no otherwise to be estimated necessary
by the Subject, then by the conjecture, the proportion and efficacy of the
means or instrument appointed by the Supreme to effect that end: and
therefore we are bound to restrain our liberties no more then the law re<g ref="char:EOLhyphen"/>strains
them; and we need not be wiser then the laws: but he that goes
against the mind of the law, upbraids the insufficiency of her provisions,
and shews that he obeys with an ill will.</p>
                     <p>But the laws of God have it in their intention to regulate all the pur<g ref="char:EOLhyphen"/>poses
and whole intention of the Subject;<note place="margin">5.</note> and therefore our obedience can<g ref="char:EOLhyphen"/>not
be measured only by the instance of the precept, but by the purpose of
it: and because we must serve God with all our heart and all our skill,
our duty must be coextended with all the holiness &amp; designs of God in eve<g ref="char:EOLhyphen"/>ry
Commandement; that is, we must doe all that which we really suppose
God would have to be done in every of his laws, whether it be express'd
or only implied. For he that intends the just end of all humane actions, that
is, the glory of God, can be assured that his purposes are right, when he
measures them by their tendency to the end, better then by their commen<g ref="char:EOLhyphen"/>suration
with the expressed means.</p>
                     <p>
                        <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>,<note place="margin">6.</note> said <hi>Philostratus.</hi> That's the sum of all; we must
take care that the end of our actions be all of gold.<note place="margin">Eu<gap reason="illegible" resp="#TECH" extent="1 letter">
                              <desc>•</desc>
                           </gap>t<gap reason="illegible" resp="#TECH" extent="1 letter">
                              <desc>•</desc>
                           </gap>th. in Iliad. 4.</note> If they be design'd
well, they are likely to end well; for this is truly <gap reason="foreign">
                           <desc>〈 in non-Latin alphabet 〉</desc>
                        </gap>
for in the service of God, a Golden head shall never have the feet of clay.</p>
                     <trailer>The End.</trailer>
                     <closer>Nomini tuo da gloriam.</closer>
                  </div>
               </div>
            </div>
         </div>
      </body>
      <back>
         <div type="index">
            <pb facs="tcp:58903:575"/>
            <pb n="529" facs="tcp:58903:575"/>
            <head>THE TABLE.</head>
            <div n="A" type="part">
               <head>A.</head>
               <list>
                  <head>Aequivocation.</head>
                  <item>IT was disowned by the Roman Se<g ref="char:EOLhyphen"/>nate.
<hi>l.</hi> 3. <hi>c.</hi> 4. <hi>r.</hi> 23. <hi>n.</hi> 7. <hi>p.</hi> 358.
is allowed for great charity.</item>
                  <item>
                     <hi>l.</hi> 3. <hi>c.</hi> 2. <hi>r.</hi> 5. <hi>n.</hi> 35. <hi>p.</hi> 100.
but not to evil ends.</item>
                  <item>l. 3. c. 2. r. 5. n. 39. p. 102.</item>
                  <item>is allowable in more cases then lying.</item>
                  <item>ibid. n. 40. p. 103.</item>
                  <item>is then only a crime, when it is a<g ref="char:EOLhyphen"/>gainst
Justice and Charity. <hi>ibid.</hi>
                  </item>
               </list>
               <list>
                  <head>Advocate.</head>
                  <item>in a good cause must not use evil arts.</item>
                  <item>l. 3. c. 2. r. 5. n. 14. p. 90.</item>
                  <item>may not tell a lye. <hi>ibid. p.</hi> 91.</item>
                  <item>against those of them that are evil and
rapacious. <hi>l.</hi> 3. <hi>c.</hi> 2. <hi>r.</hi> 6. <hi>n.</hi> 20. <hi>p.</hi> 116.</item>
               </list>
               <list>
                  <head>Abraham.</head>
                  <item>concerning his offering his Son.</item>
                  <item>l. 2. c. 1. r. 9. n. 8. p. 266.</item>
                  <item>whether Sarah were his Sister.</item>
                  <item>l. 2. c. 2. r. 3. n. 32. p. 300.
<hi>&amp;</hi> n. 45. p. 305.</item>
               </list>
               <list>
                  <head>Act.</head>
                  <item>when and how the internal acts alone
do multiplie the sin.</item>
                  <item>l. 4. c. 1. r. 3. n. 11. p. 486. <hi>&amp;</hi> n. 9, 10.</item>
                  <item>the omissions of them are oftentimes
indifferent. <hi>l.</hi> 4. <hi>c.</hi> 1. <hi>r.</hi> 1. <hi>n.</hi> 15, 16. <hi>p.</hi> 444.</item>
                  <item>the external act of it self increases not
the goodness or badness of the internal,
but accidentally it may.</item>
                  <item>l. 4. c. 1. r. 3. n. 7. p. 484.</item>
                  <item>the external act inferrs obligations
distinct and greater then the internal.</item>
                  <item>l. 4. c. 1. r. 3. n. 8. p. 484.</item>
                  <item>every renewing of an external Act ser<g ref="char:EOLhyphen"/>ving
to a sinfull end is either a repeating
of the sin or an aggravation of it.</item>
                  <item>ibid. n. 10. p. 485.</item>
                  <item>the goodness or badness of an Act is
made by the Object.</item>
                  <item>l. 1. c. 2. r. 9. n. 4. p. 95.</item>
                  <item>but accidentally good or bad, by the
Conscience. <hi>ibid. n.</hi> 7. <hi>p.</hi> 96.</item>
                  <item>Acts of vertue are to be prefer<gap reason="illegible" resp="#TECH" extent="1 letter">
                        <desc>•</desc>
                     </gap>ed be<g ref="char:EOLhyphen"/>fore
the Instruments of vertue, and in<g ref="char:EOLhyphen"/>ward
Acts before the outward, when
Laws interfere. <hi>l.</hi> 2. <hi>c.</hi> 3. <hi>r.</hi> 5. <hi>n.</hi> 10. <hi>p.</hi> 410.</item>
                  <item>Acts of vertue Elicit and Imperate
what they signifie. <hi>l.</hi> 2. <hi>c.</hi> 3. <hi>r.</hi> 6. <hi>n.</hi> 1. <hi>p.</hi> 411.</item>
                  <item>The Elicit acts of several vertues can
never be contrary to each other.</item>
                  <item>ibid. n. 2. p. 411.</item>
                  <item>The Imperate acts of one vertue may
<gap reason="illegible" resp="#TECH" extent="1 letter">
                        <desc>•</desc>
                     </gap>ontradict the Imperate acts of another.</item>
                  <item>ibid. n. 3. p. 411.</item>
                  <item>the Imperate acts of one vertue must
not hinder the Elicit of another.</item>
                  <item>ibid. n. 6. p. 413.</item>
               </list>
               <list>
                  <head>Actions.</head>
                  <item>what guilt is contracted by imperfect
actions. <hi>l.</hi> 4. <hi>c.</hi> 1. <hi>r.</hi> 3. <hi>n.</hi> 12. <hi>p.</hi> 486.</item>
                  <item>of the morality of actions that are in<g ref="char:EOLhyphen"/>voluntary
in the effect, but voluntary
in respect of the cause.</item>
                  <item>l. 4. c. 1. r. 4. p. 489.</item>
                  <item>to begin all actions with prayer and
end them with thanks-giving.</item>
                  <item>l. 4. c. 2. r. 1. r. 7.</item>
                  <item>actions in their physical capacity are
negatively indifferent.</item>
                  <item>l. 4. c. 1. r. 1. n. 14. p. 444.</item>
                  <item>of the morality of negative actions.</item>
                  <item>ibid. n. 15, 16. p. 445.</item>
                  <item>every action of our lives is either
good or bad. <hi>ibid. n.</hi> 19. <hi>p.</hi> 448.</item>
                  <item>we should be watchfull over our
words and actions.</item>
                  <item>l. 4. c. 1. r. 1. n. 21. p. 450.</item>
                  <item>to praise an ill action how far sinfull.</item>
                  <item>ibid. r. 2. n. 9. p. 460.</item>
                  <item>of the identity and diversity of actions
internal and external, and the multi<g ref="char:EOLhyphen"/>plication
of sins by them.</item>
                  <item>ibid. r. 3. n. 5. p. 483.</item>
                  <item>an action receives the denomination
of good or bad from the end.</item>
                  <item>l. 4. c. 2. r. 1. n. 1.</item>
                  <item>how it is to be understood that a man
should make the glory of God the end of
every action. <hi>l.</hi> 4. <hi>c.</hi> 2. <hi>r.</hi> 1. <hi>n.</hi> 3.</item>
                  <item>we must not judge of the goodness of
actions by the event.</item>
                  <item>l. 3. c. 3. r. 4. n. 5. p. 162.</item>
                  <item>how far a secular end may be admit<g ref="char:EOLhyphen"/>ted
to be the reason of a good acti<g ref="char:EOLhyphen"/>on,
and what diminution it makes of the
worthiness of the act.</item>
                  <item>l. 1. c. 2. r. 5. n. 2. p. 65.</item>
                  <item>but if the secular end be or be not un<g ref="char:EOLhyphen"/>der
a promise it much alters the case.</item>
                  <item>ibid. n. 2, 3. p. 65.</item>
                  <item>the difference of outward actions.</item>
                  <item>l. 2. c. 3. r. 6. n. 8. p. 413.</item>
                  <item>what are elicit actions. <hi>ibid.</hi>
                  </item>
               </list>
               <list>
                  <head>Abrogation of laws.</head>
                  <item>of the abrogation of laws.</item>
                  <item>l. 3. c. 6. r. 7. p. 431.</item>
                  <item>to the making a Law many condi<g ref="char:EOLhyphen"/>tions
are required, but the defect of any
one is sufficient to the abrogating.</item>
                  <item>l. 3. c. 6. r. 7. n. 1. p. 431.</item>
               </list>
               <list>
                  <head>Adam.</head>
                  <item>the six precepts given to him.</item>
                  <item>l. 2. c. 2. r. 2. n. 3. p. 281.</item>
               </list>
               <list>
                  <head>Admonition.</head>
                  <item>of brotherly admonition.</item>
                  <item>l. 3. c. 2. r. 6. n. 6. p. 108.</item>
               </list>
               <list>
                  <head>Accessory.</head>
                  <item>it follows the nature of the principal.</item>
                  <item>l. 3. c. 4. r. 4. n. 4. p. 227.</item>
                  <item>what is an Accessory. <hi>ib. n.</hi> 7. <hi>p.</hi> 227.</item>
               </list>
               <list>
                  <head>Adultery.</head>
                  <item>a subject of England taking in Spain
his daughter in adultery may not kill
her, though it be the Law there.</item>
                  <item>l. 3. c. 1. r. 8. n. 3. p. 50.</item>
                  <item>it may be very pious and charitable
for a woman to cohabit with an adulte<g ref="char:EOLhyphen"/>rous
husband. <hi>l.</hi> 1. <hi>c.</hi> 5. <hi>r.</hi> 8. <hi>n.</hi> 9. <hi>p.</hi> 193.</item>
                  <item>but she is not bound to doe so. <hi>ib. n.</hi> 10.</item>
                  <item>the falshood of a betrothed woman is in
Scripture punished as Adultery.</item>
                  <item>l. 3. c. 5. r. 8. n. 16. p. 387.</item>
               </list>
               <list>
                  <head>Affirmative.</head>
                  <item>affirmative duties follow from the ne<g ref="char:EOLhyphen"/>gative
not in contraries but in con<g ref="char:EOLhyphen"/>tradictiories.
<hi>l.</hi> 2. <hi>c.</hi> 3. <hi>r.</hi> 1. <hi>n.</hi> 10. <hi>p.</hi> 392.</item>
                  <item>affirmative precepts bind <hi>semper,</hi> not
<hi>ad semper;</hi> negative <hi>semper &amp; ad semper.</hi>
                  </item>
                  <item>l. 2. c. 3. r. 1. n. 13. p. 393.</item>
               </list>
               <list>
                  <head>Amor</head>
                  <item>descendit <hi>non ascendit,</hi> the meaning
of it. <hi>l.</hi> 3. <hi>c.</hi> 5. <hi>r.</hi> 3. <hi>n.</hi> 3. <hi>p.</hi> 367.</item>
               </list>
               <list>
                  <head>Angels.</head>
                  <item>upon what false reason the Gnostics
commanded the worship of Angels.</item>
                  <item>l. 2. c. 3. r. 13. n. 22. p. 464.</item>
               </list>
               <list>
                  <head>Apostles.</head>
                  <item>their Canons were at first observed
by more Churches then those they did
oblige. <hi>l.</hi> 3. <hi>c.</hi> 4. <hi>r.</hi> 11. <hi>n.</hi> 2. <hi>p.</hi> 266.</item>
                  <item>how far those orders made in the
Church by them do bind others.</item>
                  <item>ibid. n. 3. p. 267.</item>
                  <item>they gave no laws to oblige all ages of
the Church, but such as they received
in commandment from Christ.</item>
                  <item>ibid. n. 4. p. 267.</item>
                  <item>apostolical institutions may be chan<g ref="char:EOLhyphen"/>ged.
<hi>ibid.</hi>
                  </item>
                  <item>
                     <hi>Cassander</hi> affirms, those laws that en<g ref="char:EOLhyphen"/>joyn
single life to Bishops and Priests
ought to be relaxed, though they were
Canons Apostolical. <hi>ibid.</hi>
                  </item>
                  <pb n="530" facs="tcp:58903:576"/>
                  <item>Canons Apostolical not observed.</item>
                  <item>ibid. n. 6. p. 268.</item>
                  <item>the Apostles institutions concerning
the Sacrament oblige all Christendom.</item>
                  <item>l. 3. c. 4. r. 12. n. 1, 2. p. 269.</item>
                  <item>the Apostles did not prescribe to the
Church in any thing that is matter of
order or decency. <hi>ibid. n.</hi> 4. <hi>p.</hi> 270.</item>
                  <item>the ancient Church did differ in their
practices from the Apostles.</item>
                  <item>ibid. n. 5. p. 270.</item>
                  <item>the Apostles in those things they re<g ref="char:EOLhyphen"/>ceived
from Christ were ministers to all
ages, in other things only to their own.</item>
                  <item>ibid. n. 9. p. 271.</item>
                  <item>the Lords day is an Apostolical insti<g ref="char:EOLhyphen"/>tution.
<hi>ibid. r.</hi> 13. <hi>n.</hi> 1. <hi>p.</hi> 272.</item>
                  <item>the constitutions of the Apostles are
to be retain'd, where the change of
times has brought in a contrary unrea<g ref="char:EOLhyphen"/>sonableness.
<hi>ibid. n.</hi> 2. <hi>p.</hi> 273.</item>
                  <item>the Apostles in their Laws complied
much with the Jews.</item>
                  <item>ibid. r. 20. n. 2. p. 323.</item>
                  <item>what power Christ gave to his Apo<g ref="char:EOLhyphen"/>stles.
<hi>l.</hi> 3. <hi>c.</hi> 4. <hi>r.</hi> 1. <hi>n.</hi> 3. <hi>p.</hi> 212.</item>
                  <item>it was without coaction.</item>
                  <item>ibid. n. 4. p. 212.</item>
                  <item>they did exercise jurisdiction, but it
was in an extraordinary and miraculous
way. <hi>ibid. n.</hi> 9. <hi>p.</hi> 216.</item>
                  <item>under their names and the names of
Apostolical men divers books falsly put
forth. <hi>l.</hi> 2. <hi>c.</hi> 3. <hi>r.</hi> 14. <hi>n.</hi> 35. <hi>p.</hi> 492.</item>
                  <item>whatsoever the Apostles taught we
must equally believe, but it is not equally
necessary to be known. <hi>ibid. n.</hi> 63. <hi>p.</hi> 509.</item>
                  <item>the foundation of Faith laid by
Christ and his Apostles was plain and
easie, and consisted but of a few articles.</item>
                  <item>ibid. r. 14. n. 64. p. 509.</item>
               </list>
               <list>
                  <head>Apostles Creed.</head>
                  <item>the Fathers gave to that Creed those
names of honour &amp; excellence, which in
the Scripture are attributed to the whole
faith. <hi>ibid. r.</hi> 14. <hi>n.</hi> 71. <hi>p.</hi> 514.</item>
                  <item>the ancient Church in the Creed made
at Nice and Constantinople added no
new articles, only new explications a<g ref="char:EOLhyphen"/>gainst
some Hereticks.</item>
                  <item>ibid. r. 14. n. 73. p. 515.</item>
                  <item>the Apostles Creed were useless if any
thing necessary to be believed in order to
salvation could be added to it.</item>
                  <item>ibid. r. 14. n. 77. p. 516.</item>
                  <item>none ought to adde to it but they that
are as infallible as the Apostles were.</item>
                  <item>ibid.</item>
                  <item>the danger and trouble that will follow
from the insufficiency of that Creed, if
granted. <hi>ibid.</hi> 78. <hi>p.</hi> 516.</item>
                  <item>the practice of the Church of Rome
in enlarging that Creed. <hi>ib. n.</hi> 79. <hi>p.</hi> 517.</item>
                  <item>the Apostles themselves could not
make a proposition to be an article of
faith, but only declare it.</item>
                  <item>ibid. n. 80. p. 517.</item>
                  <item>the Apostles intended the Creed to be
a remedy against heresy, which could
not be, unless it contained the whole
faith. <hi>l.</hi> 2. <hi>c.</hi> 3. <hi>r.</hi> 14. <hi>n.</hi> 81. <hi>p.</hi> 517.</item>
               </list>
               <list>
                  <head>Amability.</head>
                  <item>all the causes of amability are reduced
to two. <hi>l.</hi> 2. <hi>c.</hi> 1. <hi>r.</hi> 4. <hi>n.</hi> 6. <hi>p.</hi> 249.</item>
               </list>
               <list>
                  <head>Anathema,</head>
                  <item>and Anathema Maranatha.</item>
                  <item>l. 3. c. 4. r. 8. n. 16. p. 253.</item>
               </list>
               <list>
                  <head>Angaria.</head>
                  <item>what it is, and whether it be lawfull.</item>
                  <item>l. 3. c. 2. r. 8. n. 3. p. 125.</item>
               </list>
               <list>
                  <head>
                     <gap reason="foreign">
                        <desc>〈 in non-Latin alphabet 〉</desc>
                     </gap>
                  </head>
                  <item>
                     <gap reason="foreign">
                        <desc>〈 in non-Latin alphabet 〉</desc>
                     </gap>, was Judas his manner
of death. <hi>l.</hi> 1. <hi>c.</hi> 1. <hi>r.</hi> 2. <hi>n.</hi> 9. <hi>p.</hi> 
                     <gap reason="illegible" resp="#TECH" extent="1 letter">
                        <desc>•</desc>
                     </gap>5.</item>
               </list>
               <list>
                  <head>Apologue,</head>
                  <item>told by Jo. Nider.</item>
                  <item>l. 1. c. 1. r. 3. n. 5. p. 28.</item>
               </list>
               <list>
                  <head>Aquinas.</head>
                  <item>
                     <hi>Th. Aquinas</hi> entered into the Domi<g ref="char:EOLhyphen"/>nican
order without his Fathers leave.</item>
                  <item>l. 3. c. 5. r. 8. n. 3. p. 378.</item>
               </list>
               <list>
                  <head>Articles of religion.</head>
                  <item>the ancient Church in the Creed at
Nice and Constantinople added no new
articles. <hi>l.</hi> 2. <hi>c.</hi> 3. <hi>r.</hi> 14. <hi>n.</hi> 73. <hi>p.</hi> 515.</item>
                  <item>An expedient for peace of Conscience
in relation to the controverted articles of
religion. <hi>l.</hi> 4. <hi>p.</hi> 443.</item>
                  <item>to subscribe to Articles of religion is
only for the conservation of peace and
unity. <hi>l.</hi> 3. <hi>c.</hi> 4. <hi>r.</hi> 23. <hi>n.</hi> 1. <hi>p.</hi> 356.</item>
                  <item>where the Articles are not necessary
the Subjects should be invited to sub<g ref="char:EOLhyphen"/>scribe,
not forced.</item>
                  <item>l. 3. c. 4. r. 23. n. 5. p. 357.</item>
               </list>
               <list>
                  <head>Arrians</head>
                  <item>were accounted Idolaters because they
gave divine worship to Christ, whom
they affirmed to be a mere man.</item>
                  <item>l. 2. c. 2. r. 6. n. 27. p. 341.</item>
               </list>
               <list>
                  <head>Atheism.</head>
                  <item>it is a kinde of atheism to disobey
Parents. <hi>l.</hi> 3. <hi>c.</hi> 5. <hi>r.</hi> 1. <hi>n.</hi> 1. <hi>p.</hi> 359.</item>
                  <item>none can be an Atheist, but who
thinks that he has either more learning
then he has, or who has not so much as
he should have. <hi>l.</hi> 1. <hi>c.</hi> 2. <hi>r.</hi> 3. <hi>n.</hi> 66. <hi>p.</hi> 61.</item>
               </list>
               <list>
                  <head>
                     <gap reason="foreign">
                        <desc>〈 in non-Latin alphabet 〉</desc>
                     </gap>.</head>
                  <item>the Hebrews expressed dying by a
word equivalent to it.</item>
                  <item>l. 3. c. 2. r. 3. n. 10. p. 76.</item>
               </list>
               <list>
                  <head>S. Augustine.</head>
                  <item>the reason of that Thesis of his, <hi>Sa<g ref="char:EOLhyphen"/>tius
est fame mori, quam Idolothytis
vesci. l.</hi> 3. <hi>c.</hi> 1. <hi>r.</hi> 2. <hi>n.</hi> 14. <hi>p.</hi> 30.</item>
               </list>
               <list>
                  <head>Arguments.</head>
                  <item>it is lawfull to use those kind of rea<g ref="char:EOLhyphen"/>sons,
that are <hi>argumenta ad hominem,</hi>
with reasons to prove it.</item>
                  <item>l. 1. c. 2. r. 6. n. 10. p. 75.</item>
                  <item>every argument is not false to which
a satisfactory answer can be given. <hi>ibid.</hi>
                  </item>
                  <item>one must not chuse alwaies such ar<g ref="char:EOLhyphen"/>guments
as prevail with the understan<g ref="char:EOLhyphen"/>ding,
but the fancy, will or appetite.</item>
                  <item>ibid. p. 76.</item>
                  <item>the force of many probable arguments
amassed together. <hi>l.</hi> 1. <hi>c.</hi> 4. <hi>r.</hi> 2. <hi>n.</hi> 1, 2. <hi>p.</hi> 121.</item>
               </list>
               <list>
                  <head>Astrology.</head>
                  <item>of Judicial Astrology.</item>
                  <item>l. 1. c. 2. r. 3. n. 67. p. 61.</item>
               </list>
               <list>
                  <head>Authors.</head>
                  <item>multitude of them is not to prevail a<g ref="char:EOLhyphen"/>gainst
a strong reason.</item>
                  <item>l. 1. c. 4. r. 9. n. 2. p. 156.</item>
                  <item>when a multitude of them may be re<g ref="char:EOLhyphen"/>duced
to one single person as their leader,
their testimonie is to be accounted but
single. <hi>ibid. n.</hi> 3. <hi>p.</hi> 157.</item>
                  <item>multitude of them hath only a pre<g ref="char:EOLhyphen"/>sumptive
authority, and can never make
a conscience sure.</item>
                  <item>l. 1. c. 4. r. 9. n. 5. p. 157.</item>
                  <item>a comparison between the authority
of the ancient and modern writers.</item>
                  <item>l. 1. c. 4. r. 10. n. 2. p. 163.</item>
               </list>
            </div>
            <div n="B" type="part">
               <head>B.</head>
               <list>
                  <head>Baal.</head>
                  <item>OF Elias his sacrificing to him.</item>
                  <item>l. 1. c. 5. r. 8. n. 28. p. 200.</item>
               </list>
               <list>
                  <head>Baptisme.</head>
                  <item>baptisme for the dead.</item>
                  <item>l. 1. c. 2. r. 6. n. 11. p. 77.</item>
                  <item>baptizing of infants.</item>
                  <item>l. 2. c. 3. r. 14. n. 57. p. 506.</item>
                  <item>it is not well to defer baptisme till
death. <hi>l.</hi> 2. <hi>c.</hi> 3. <hi>r.</hi> 16. <hi>n.</hi> 1. <hi>p.</hi> 521.</item>
                  <item>upon whom the necessity lies, upon
the Infants or their Parents.</item>
                  <item>l. 2. c. 3. r. 18. n. 1. p. 546.</item>
                  <item>some afflicted with evil spirits, cured
at their baptisme, and upon the apostasie
relapsed into the same affliction, out of
S. <hi>Cyprian. l.</hi> 3. <hi>c.</hi> 4. <hi>r.</hi> 1. <hi>n.</hi> 9. <hi>p.</hi> 216.</item>
                  <item>Midwives may not baptise.</item>
                  <item>l. 3. c. 4. r. 15. n. 2. p. 287.</item>
                  <item>of God-fathers and God-mothers at
baptisme. <hi>l.</hi> 3. <hi>c.</hi> 4. <hi>r.</hi> 15. <hi>n.</hi> 5. <hi>p.</hi> 289.</item>
                  <item>of dipping in baptisme.</item>
                  <item>ibid. n. 6. p. 290. <hi>&amp;</hi> n. 12. p. 295.</item>
                  <item>the custome of the ancient Church
was not to sprinkle in baptisme. <hi>ibid.</hi>
                  </item>
                  <item>those that were only sprinkled in ba<g ref="char:EOLhyphen"/>ptisme
the ancient Church would not
admit into holy orders, and made a que<g ref="char:EOLhyphen"/>stion
whether they were rightly bapti<g ref="char:EOLhyphen"/>zed.
<hi>l.</hi> 3. <hi>c.</hi> 4. <hi>r.</hi> 15. <hi>n.</hi> 12. <hi>p.</hi> 295.</item>
                  <item>
                     <pb n="531" facs="tcp:58903:576"/>
sprinkling was sometime used by the
Ancients, and is lawfull in case of ne<g ref="char:EOLhyphen"/>cessity.
<hi>ibid.</hi>
                  </item>
                  <item>baptisme should be performed with a
trine immersion. <hi>ibid. n.</hi> 13. <hi>p.</hi> 296.</item>
                  <item>of the Cross in baptisme.</item>
                  <item>l. 3. c. 4. r. 20. n. 8. p. 327.</item>
                  <item>a child is not to be baptized without
his Fathers leave.</item>
                  <item>l. 3. c. 5. r. 4. n. 1. p. 369.</item>
                  <item>if either of the Parents is Christian,
the child may be baptized against the
will of the other who is infidel.</item>
                  <item>ibid. n. 3. p. 370.</item>
               </list>
               <list>
                  <head>Betrothed.</head>
                  <item>a betrothed woman in Scripture be<g ref="char:EOLhyphen"/>fore
marriage is stiled a wife, and her
falshood punished as adultery.</item>
                  <item>l. 3. c. 5. r. 8. n. 16. p. 387.</item>
               </list>
               <list>
                  <head>Bishop.</head>
                  <item>there were two Bishops of Rome, one
of the Circumcision the other of the
Uncircumcision, at one time in Rome.</item>
                  <item>l. 2. c. 3. r. 11. n. 12. p. 444.</item>
                  <item>if a person uncapable be chosen Bi<g ref="char:EOLhyphen"/>shop,
whether the Bishop that ordains,
or he that is ordained, or they that
chuse him sin. <hi>l.</hi> 2. <hi>c.</hi> 3. <hi>r.</hi> 18. <hi>n.</hi> 1. <hi>p.</hi> 547.</item>
                  <item>S. Timothy was made Bishop at the
age of twenty five years. <hi>ibid.</hi>
                  </item>
                  <item>to avoid a Bishoprick Synesius uses
unlawful arts. <hi>l.</hi> 3. <hi>c.</hi> 2. <hi>r.</hi> 5. <hi>n.</hi> 18. <hi>p.</hi> 93.</item>
                  <item>the Canons of the Popes and Bishops
were made into Laws by the Emperour
Justinian. <hi>l.</hi> 3. <hi>c.</hi> 3. <hi>r.</hi> 5. <hi>n.</hi> 4. <hi>p.</hi> 175.</item>
                  <item>Eusebius Bishop of Samosata obey<g ref="char:EOLhyphen"/>ed
the Emperours decree concerning
his banishment, against the perswasion
of the people. <hi>l.</hi> 3. <hi>c.</hi> 3. <hi>r.</hi> 6. <hi>n.</hi> 
                     <gap reason="illegible" resp="#TECH" extent="1 letter">
                        <desc>•</desc>
                     </gap>. <hi>p.</hi> 178.</item>
                  <item>the Bishops are subject to the Imperi<g ref="char:EOLhyphen"/>al
power. <hi>ibid. n.</hi> 21. <hi>p.</hi> 190.</item>
                  <item>the Emperour is to be obeyed even a<g ref="char:EOLhyphen"/>gainst
the will of the Bishop.</item>
                  <item>ibid. n. 22. p. 191.</item>
                  <item>what is to be done when the com<g ref="char:EOLhyphen"/>mand
of the King and Bishop enterfere.</item>
                  <item>ibid. n. 26. p. 192.</item>
                  <item>S. Chrysostome proves the office of
a Bishop more difficult then a King, be<g ref="char:EOLhyphen"/>cause
it hath no jurisdiction.</item>
                  <item>l. 3. c. 4. r. 1. n. 7. p. 214.</item>
                  <item>all the power of making Church laws
is in the Pastors and Bishops.</item>
                  <item>l. 3. c. 4. r. 2. n. 2. p. 221.</item>
                  <item>A Bishop is distinct from, and above
a Presbyter. <hi>ibid.</hi>
                  </item>
                  <item>the distinction of Bishops from Pres<g ref="char:EOLhyphen"/>byters
was a law made by the Apostles
to oblige all Christendome.</item>
                  <item>l. 3. c. 4. r. 12. n. 10. p. 272.</item>
                  <item>a Bishop hath supreme and legislative
power within his own Diocese <hi>intra li<g ref="char:EOLhyphen"/>mites
Disciplinae. l.</hi> 3. <hi>c.</hi> 4. <hi>r.</hi> 2. <hi>n.</hi> 3. <hi>p.</hi> 222.</item>
                  <item>a Bishop and his charge is an entire
Society or Commonwealth.</item>
                  <item>ibid. n. 3, 4. p. 222.</item>
                  <item>the authority of a Bishop.</item>
                  <item>ibid. r. 3. n. 1. p. 224.</item>
                  <item>to disobey the Bishop in an action of
duty adds a new formality to the sin.</item>
                  <item>l. 3. c. 4. r. 3. n. 2. p. 224.</item>
                  <item>the Bishops can give no Laws that
properly and immediately bind the trans<g ref="char:EOLhyphen"/>gressors
under sin. <hi>ibid. r.</hi> 4. <hi>n.</hi> 23. <hi>p.</hi> 233.</item>
                  <item>how Bishops should carry themselves
in teaching Kings their duty.</item>
                  <item>ibid. r. 7. n. 18. p. 246.</item>
                  <item>in what cases it is lawfull for the peo<g ref="char:EOLhyphen"/>ple
to separate from their Bishop or
Priest. <hi>l.</hi> 3. <hi>c.</hi> 4. <hi>r.</hi> 8. <hi>n.</hi> 9. <hi>p.</hi> 250.</item>
                  <item>that none but the Bishop or Priest
should consecrate the Sacrament is an
Apostolical Canon.</item>
                  <item>l. 3. c. 4. r. 12. n. 6. p. 270.</item>
                  <item>by the Law of Christ one Bishop is
not superiour to another.</item>
                  <item>l. 3. c. 4. r. 16. n. 6. p. 300.</item>
                  <item>Bishops were permitted in the antient
Church to marry after ordination.</item>
                  <item>ibid. r. 20. n. 27. p. 344.</item>
                  <item>Gregory Nazianzen had sons born
to him after he was consecrated Bishop.</item>
                  <item>ibid. n. 28. p. 347.</item>
               </list>
               <list>
                  <head>Bless.</head>
                  <item>Fathers Bless their children.</item>
                  <item>l. 3. c. 5. r. 1. n. 3. p. 360.</item>
               </list>
               <list>
                  <head>Black.</head>
                  <item>of Clergy-men wearing black.</item>
                  <item>l. 3. c. 4. r. 15. n. 7. p. 290.</item>
               </list>
               <list>
                  <head>Blood.</head>
                  <item>of eating blood, whether forbidden, and
why. <hi>l.</hi> 2. <hi>c.</hi> 2. <hi>r.</hi> 2. <hi>n.</hi> 2. <hi>p.</hi> 281.</item>
                  <item>abstinence from blood is not a Law
of nature. <hi>l.</hi> 2. <hi>c.</hi> 2. <hi>r.</hi> 2. <hi>n.</hi> 3. <hi>p.</hi> 281.</item>
                  <item>the Heathen used to consummate their
contracts and covenants by blood or
wine. <hi>l.</hi> 2. <hi>c.</hi> 3. <hi>r.</hi> 9. <hi>n.</hi> 31. <hi>p.</hi> 431.</item>
               </list>
               <list>
                  <head>Bind.</head>
                  <item>the use of the words bind and loose.</item>
                  <item>l. 3. c. 4. r. 10. n. 10. p. 264.</item>
               </list>
               <list>
                  <head>Body.</head>
                  <item>in criminall causes, where bodily
punishment is inflicted no man can be
surety for another, <hi>quia nemo membro<g ref="char:EOLhyphen"/>rum
suorum Dominus videtur.</hi>
                  </item>
                  <item>l. 3. c. 2. r. 7. n. 2. p. 117.</item>
                  <item>of bowing the body at the name of
Jesus. <hi>l.</hi> 3. <hi>c.</hi> 4. <hi>r.</hi> 15. <hi>n.</hi> 4. <hi>p.</hi> 289.</item>
               </list>
               <list>
                  <head>Bonum</head>
                  <item>ex integra causa, Malum ex qualibet
particulari. l. 2. c. 3. r. 2. n. 2. p. 395.</item>
               </list>
               <list>
                  <head>Brothers.</head>
                  <item>of the marriage of Brothers and
Sisters. <hi>l.</hi> 2. <hi>c.</hi> 2. <hi>r.</hi> 3. <hi>n.</hi> 24. <hi>p.</hi> 296.</item>
                  <item>reasons why they ought not to marry
their sisters. <hi>ibid. n.</hi> 27. <hi>p.</hi> 298.</item>
               </list>
               <list>
                  <head>Buy.</head>
                  <item>in doubts of Conscience or Law he
that buys is to be favoured before him
that sells. <hi>l.</hi> 3. <hi>c.</hi> 6. <hi>r.</hi> 1. <hi>n.</hi> 15. <hi>p.</hi> 405.</item>
               </list>
               <list>
                  <head>Bury.</head>
                  <item>A Roman Philosopher was in his
dream warned not to bury the corps of
a Persian, who had married his Mother.</item>
                  <item>l. 2. c. 2. r. 3. n. 23. p. 296.</item>
               </list>
            </div>
            <div n="C" type="part">
               <head>C.</head>
               <list>
                  <head>Cards.</head>
                  <item>WHether the trade of Cardma<g ref="char:EOLhyphen"/>kers
be lawfull.</item>
                  <item>l. 4. c. 1. r. 2. n. 25. p. 468.</item>
                  <item>whether it be lawfull to play at Cards.</item>
                  <item>ibid. n. 27. p. 469.</item>
                  <item>in what cases it may be lawfull to do
so. <hi>ibid. n.</hi> 28. <hi>p.</hi> 470.</item>
                  <item>rules to be used in those kind of recre<g ref="char:EOLhyphen"/>ations.
<hi>ibid. n.</hi> 32. <hi>p.</hi> 473.</item>
                  <item>Vide <hi>Gaming</hi> in the letter G.</item>
               </list>
               <list>
                  <head>Canon.</head>
                  <item>the Canon and Civil Law differ in
their account of Rapes.</item>
                  <item>l. 3. c. 5. r. 8. n. 15. p. 387.</item>
                  <item>divers laws in the Canon law were
the edicts of Kings.</item>
                  <item>l. 3. c. 3. r. 5. n. 4. p. 175.</item>
                  <item>the Canons of the Church.</item>
                  <item>l. 3. c. 4. r. 11. p. 266.</item>
                  <item>how binding the Canons of an anci<g ref="char:EOLhyphen"/>ent
council are. <hi>l.</hi> 3. <hi>c.</hi> 4. <hi>r.</hi> 14. <hi>n.</hi> 2. <hi>p.</hi> 286.</item>
                  <item>the body of the Canon law was made
by the worst Popes.</item>
                  <item>l. 3. c. 4. r. 16. n. 4. p. 299.</item>
               </list>
               <list>
                  <head>
                     <gap reason="foreign">
                        <desc>〈 in non-Latin alphabet 〉</desc>
                     </gap>.</head>
                  <item>the definition of it out of Varinus.</item>
                  <item>l. 2. c. 3. r. 14. n. 10. p. 482.</item>
               </list>
               <list>
                  <head>Cases.</head>
                  <item>arising from the necessity of restituti<g ref="char:EOLhyphen"/>on.
<hi>l.</hi> 2. <hi>c.</hi> 3. <hi>r.</hi> 10. <hi>n.</hi> 8. <hi>p.</hi> 435.</item>
                  <item>concerning contracts.</item>
                  <item>l. 4. c. 1. r. 6. n. 22. p. 510.</item>
               </list>
               <list>
                  <head>Ceremonies.</head>
                  <item>I am not bound to observe the Cere<g ref="char:EOLhyphen"/>monies
of the Church, if I must doe it
with danger of my life.</item>
                  <item>l. 3. c. 6. r. 3. n. 15. p. 416.</item>
                  <item>they may be the accidents of worship,
but nothing of the Substance.</item>
                  <item>l. 2. c. 3. r. 5. n. 5. p. 407.</item>
                  <item>Ceremonies and customes ought to
be borrowed from the Heathen with
great caution. <hi>l.</hi> 2. <hi>c.</hi> 3. <hi>r.</hi> 19. <hi>n.</hi> 14. <hi>p.</hi> 553.</item>
                  <item>Ceremonies and gestures may become
obedience, but not religion.</item>
                  <item>l. 3. c. 4. r. 18. n. 5. p. 314.</item>
                  <item>Church cannot impose Ceremonies by
a law. <hi>l.</hi> 3. <hi>c.</hi> 4. <hi>r.</hi> 20. <hi>n.</hi> 4, 5. <hi>p.</hi> 325.</item>
                  <item>the Primitive Church did borrow
some Ceremonies from the Heathen.</item>
                  <item>l. 2. c. 3. r. 19. n. 13. p. 552.</item>
                  <item>against multitude of Ceremonies.</item>
                  <item>l. 3. c. 4. r. 20. n. 7, 8. p. 326.</item>
                  <item>Ecclesiastical laws of Ceremonies
bind only in publick, not in private.</item>
                  <item>l. 3. c. 4. r. 18. n. 1, 6. p. 313, 314.</item>
               </list>
               <list>
                  <pb n="532" facs="tcp:58903:577"/>
                  <head>Church.</head>
                  <item>the Church in Legacies is to be fa<g ref="char:EOLhyphen"/>voured
against the heir.</item>
                  <item>l. 3. c. 6. r. 1. n. 15. p. 405.</item>
                  <item>the primitive Church did borrow some
ceremonies from the heathen.</item>
                  <item>l. 2. c. 3. r. 19. n. 13. p. 552.</item>
                  <item>the Christian Churches and Com<g ref="char:EOLhyphen"/>monweals
ought to be better ordered
then were the Jewish.</item>
                  <item>ibid. r. 20. n. 5. p. 555.</item>
                  <item>of the honour due to Church-men.</item>
                  <item>l. 3. c. 3. r. 6. n. 18. p. 187.</item>
                  <item>In external actions the command of
the Prince is to be obeyed before the
command of the Church.</item>
                  <item>ibid. n. 27. p. 193.</item>
                  <item>Princes are not bound to execute the
decrees of the Church.</item>
                  <item>ibid. r. 8. n. 5. p. 209.</item>
                  <item>The Church hath no jurisdiction.</item>
                  <item>l. 3. c. 4. r. 1. n. 5. p. 213.</item>
                  <item>it hath no dominion but a ministerial
power. <hi>ibid. n.</hi> 6. <hi>p.</hi> 214.</item>
                  <item>which is proved by the Testimonie of
the Fathers. <hi>ibid.</hi>
                  </item>
                  <item>S. <hi>Chrysostome</hi> proves the Episcopal
office more difficult then the Kingly,
because it hath no jurisdiction. <hi>ibid.</hi>
                  </item>
                  <item>the Hig<gap reason="illegible" resp="#TECH" extent="1 letter">
                        <desc>•</desc>
                     </gap> priest under the old Testa<g ref="char:EOLhyphen"/>ment
had a proper formal jurisdiction,
which the Christian Church had not.</item>
                  <item>ibid. n. 8. p. 215.</item>
                  <item>the Church hath an analogical Juris<g ref="char:EOLhyphen"/>diction.
<hi>ibid. n.</hi> 11. p. 217.</item>
                  <item>what is that power of remitting sins
given to the Church. <hi>ibid. r.</hi> 13. <gap reason="illegible" resp="#TECH" extent="1 letter">
                        <desc>•</desc>
                     </gap>. 218.</item>
                  <item>rightly to understand the power of the
Church very usefull. <hi>ibid. n.</hi> 17. <hi>p.</hi> 220.</item>
                  <item>the Government of the Church like
that of the Jews before they had a King.</item>
                  <item>ibid.</item>
                  <item>all the power of making Church laws
is in the Pastor or Bishop.</item>
                  <item>l. 3. c. 4. r. 2. n. 2. p. 221.</item>
                  <item>what obedience we owe to the Church.</item>
                  <item>l. 3. c. 4. r. 3. n. 3, 4, 5. p. 225.</item>
                  <item>the Church hath power to make laws
in things that are helps of duty.</item>
                  <item>l. 3. c. 4. r. 4. por tot. p. 226.</item>
                  <item>God in several manners governed his
Church. <hi>ibid. r.</hi> 5. <hi>n.</hi> 1. <hi>p.</hi> 234.</item>
                  <item>never any Ecclesiastical Laws in the
primitive Church did oblige the people,
unless established by the Prince or Em<g ref="char:EOLhyphen"/>perour.
<hi>ibid. n.</hi> 4. <hi>p.</hi> 236.</item>
                  <item>Kings obey the Laws of the Church.</item>
                  <item>ibid. r. 6. n. 1. p. 237.</item>
                  <item>Privileges made to the Church may
be taken away again. <hi>ib. n.</hi> 3. <hi>p.</hi> 238.</item>
                  <item>the Apostles intended not by any Laws
to oblige all the ages of the Church, but
such Laws as they received from Christ.</item>
                  <item>ib. r. 11. n. 4. p. 267.</item>
                  <item>the Canons of the Church.</item>
                  <item>ib. r. 11. p. 266.</item>
                  <item>the authority of customes of the
Church. <hi>l.</hi> 3. <hi>c.</hi> 4. <hi>r.</hi> 15. <hi>n.</hi> 1. <hi>p.</hi> 287.</item>
                  <item>a Christian must not practise the dif<g ref="char:EOLhyphen"/>ferent
Customs of his own Church to
the scandal of another. <hi>ibid. n.</hi> 4. <hi>p.</hi> 288.</item>
                  <item>a man may comply with the differing
customes of several Churches. <hi>ibid.</hi>
                  </item>
                  <item>a custome of the Church obliges not
the Conscience against a Law of the
Church. <hi>ibid. n.</hi> 6. <hi>p.</hi> 289.</item>
                  <item>a custome of the Church obliges not
the Conscience, unless it be reasonable,
or to avoid scandal. <hi>ibid. n.</hi> 7. <hi>p.</hi> 290.</item>
                  <item>a custome Ecclesiastical that is but of
a legal and presum'd reasonableness binds
us to conformity. <hi>ibid. n.</hi> 11. <hi>p.</hi> 293.</item>
                  <item>the Character of those that quarrel<g ref="char:EOLhyphen"/>led
with the customes of our Church.</item>
                  <item>ibid. p. 294.</item>
                  <item>Laws of the Church must not be
perpetual. <hi>ibid. r.</hi> 17. <hi>n.</hi> 7. <hi>p.</hi> 303.</item>
                  <item>the Church of the Jews made laws
with another authority then doth the
Christian. <hi>ibid. n.</hi> 24. <hi>p.</hi> 311.</item>
                  <item>Laws made by a particular Church,
may not by one Church be imposed on
another. <hi>ibid. n.</hi> 25. <hi>p.</hi> 311.</item>
                  <item>they may be continued by any autho<g ref="char:EOLhyphen"/>rity
so long as that authority lasts.</item>
                  <item>ibid. n. 26. p. 311.</item>
                  <item>In the matter of meats and drin<gap reason="illegible" resp="#TECH" extent="1 letter">
                        <desc>•</desc>
                     </gap>s
and days their Laws must be wholly re<g ref="char:EOLhyphen"/>lative
to religion, not have regard to
themselves. <hi>ibid. n.</hi> 27. <hi>p.</hi> 312.</item>
                  <item>they must be imposed with liberty of
the whole Church, not of each Subject.</item>
                  <item>ibid. n. 28.</item>
                  <item>they must serve religion, but never
pretend to be religion. <hi>ib. n.</hi> 29.</item>
                  <item>they must not be taught for do<g ref="char:EOLhyphen"/>ctrines
and commandments of God.</item>
                  <item>ibid. n. 30.</item>
                  <item>the difference between the obligation
that Laws of the Church and Civil
Laws leave on the Subject.</item>
                  <item>ibid. r. 18. n. 6. p. 315.</item>
                  <item>the Legislative power of the Church
is wholly a ministery of grace and god<g ref="char:EOLhyphen"/>liness,
not of empire and dominion.</item>
                  <item>ibid.</item>
                  <item>Laws of the Church must be easie and
charitable. <hi>l.</hi> 3. <hi>c.</hi> 4. <hi>r.</hi> 19. <hi>n.</hi> 1. <hi>p.</hi> 316.</item>
                  <item>Edification and Charity ought to be
the end of all Lawes made by the
Church, beyond this she hath no Le<g ref="char:EOLhyphen"/>gislative
power. <hi>ibid. r.</hi> 20. <hi>n.</hi> 3. <hi>p.</hi> 324.</item>
                  <item>When the Church in making such
laws acts beyond her Commission, she
obliges not. <hi>ibid.</hi>
                  </item>
                  <item>the Church hath not power to bring
into a Law whatsoever is for edification.</item>
                  <item>ibid. n. 5. p. 325.</item>
                  <item>the Church cannot impose ceremo<g ref="char:EOLhyphen"/>nies
by a law. <hi>ibid. n.</hi> 4, 5. <hi>p.</hi> 325.</item>
                  <item>Laws of the Church are not for edi<g ref="char:EOLhyphen"/>fication
when they give offence to wise
and good men. <hi>l.</hi> 3. <hi>c.</hi> 4. <hi>r.</hi> 20. <hi>n.</hi> 9. <hi>p.</hi> 328.</item>
                  <item>how the Rulers of the Church and
their Subjects must behave themselves if
their Laws give offence. <hi>ibid.</hi>
                  </item>
               </list>
               <list>
                  <head>Catholic Church.</head>
                  <item>the Catholic Church cannot alone
give sufficient authority to tradition.</item>
                  <item>l. 2. c. 3. r. 14. n. 40, 41. p. 498, 499.</item>
                  <item>the universal Church is to be our
Guide in interpreting some precepts.</item>
                  <item>l. 2. c. 3. r. 17. n. 7. p. 544.</item>
                  <item>a custome of the Catholic Church
obliges not the Conscience, unless it be
of present observation.</item>
                  <item>l. 3. c. 4. r. 15. n. 5. p. 289.</item>
                  <item>the Catholic Church is a good Wit<g ref="char:EOLhyphen"/>ness,
but not a competent Judge in mat<g ref="char:EOLhyphen"/>ters
of Faith. <hi>ibid. r.</hi> 21. <hi>n.</hi> 1. <hi>p.</hi> 350.</item>
                  <item>this is not true of the Catholic
Church of any one age, but of all.</item>
                  <item>ibid. n. 3. p. 351.</item>
                  <item>the Catholic Church cannot be a
Judge in controversies, because if there be
a difference it is not Catholic. <hi>ib. n.</hi> 4.</item>
                  <item>we know not where to find it. <hi>n.</hi> 5.</item>
                  <item>the sentence of those that call them<g ref="char:EOLhyphen"/>selves
Catholic depends on a few that
prescribe to others. <hi>ibid. n.</hi> 6.</item>
                  <item>of the power of the Church in ma<g ref="char:EOLhyphen"/>king
Laws. <hi>l.</hi> 3. <hi>c.</hi> 1. <hi>r.</hi> 1. <hi>n.</hi> 32. <hi>p.</hi> 22.</item>
               </list>
               <list>
                  <head>Church of Rome.</head>
                  <item>Instances wherein the Roman Church
do advance the Commandments of men
above those of God.</item>
                  <item>l. 3. c. 4. r. 17. n. 16, 17, 18.
p. 306, <hi>&amp;</hi> 307.</item>
                  <item>the Reasons that move those of the
Church of Rome to make the two first
Commandments to be one.</item>
                  <item>l. 2. c. 2. r. 6. n. 6. p. 327.</item>
                  <item>what evil Doctrines concerning Con<g ref="char:EOLhyphen"/>science
the Roman Doctors teach.</item>
                  <item>Preface, <hi>pag.</hi> 2, 3.</item>
               </list>
               <list>
                  <head>Conscience.</head>
                  <item>In things not certain no man can give
a Law to the Conscience.</item>
                  <item>l. 3. c. 4. r. 23. n. 5. p. 357.</item>
                  <item>in articles not necessary the subjects
should be invited to subscribe, not for<g ref="char:EOLhyphen"/>ced.
<hi>ibid.</hi>
                  </item>
                  <item>the Conscience cannot relie upon
customes because of the many difficul<g ref="char:EOLhyphen"/>ties.
<hi>l.</hi> 3. <hi>c.</hi> 6. <hi>r.</hi> 6. <hi>n.</hi> 7. <hi>p.</hi> 430.</item>
                  <item>Humane Laws bind the Conscience.</item>
                  <item>l. 3. c. 1. r. 1.</item>
                  <item>Rules to know what humane Laws
bind to a greater and what to a lesser
sin. <hi>l.</hi> 3. <hi>c.</hi> 1. <hi>r.</hi> 1. <hi>n.</hi> 16. <hi>p.</hi> 10.</item>
                  <item>an expedient for the attaining peace of
Conscience in relation to the controver<g ref="char:EOLhyphen"/>ted
articles of Christendome.</item>
                  <item>l. 4. c. 1. r. 1. n. 10. p. 443.</item>
                  <item>Every thing we doe must twice pass
through the Conscience, when it is to be
done, and when done.</item>
                  <item>l. 4. c. 1. r. 1. n. 21. p. 450.</item>
                  <item>Customes against Law cannot in<g ref="char:EOLhyphen"/>demnifie
the Conscience.</item>
                  <item>l. 3. c. 6. r. 6. n. 4. p. 429.</item>
                  <item>Conscience defined.</item>
                  <item>l. <gap reason="illegible" resp="#TECH" extent="1 letter">
                        <desc>•</desc>
                     </gap>. c. 1. r. 1. n. 1. p. 1.</item>
                  <item>what Conscience is in its use and pow<g ref="char:EOLhyphen"/>er.
<hi>ibid. n.</hi> 1, 2.</item>
                  <item>it is a result of the understanding,
will and memory. <hi>ibid.</hi>
                  </item>
                  <item>it proves that there is a God. <hi>ib. n.</hi> 4.</item>
                  <item>the word distinguished. <hi>ibid. n.</hi> 6.</item>
                  <item>how it is, men do things against their
Conscience. <hi>ibid. n.</hi> 7.</item>
                  <item>Conscience is the mind guided and
furnished with a holy rule. <hi>ibid. n.</hi> 8.</item>
                  <item>the Hebrew hath no word for Consci<g ref="char:EOLhyphen"/>ence
<pb n="533" facs="tcp:58903:577"/>
but what signifies principally the
heart. <hi>ibid. n.</hi> 8. <hi>p.</hi> 4.</item>
                  <item>God reigns in our mind by Faith and
Conscience, their difference.</item>
                  <item>ibid. n. 10. p. 5.</item>
                  <item>S. Bernards comparison between the
Conscience and a house in the parts of
both, examined. <hi>ibid. n.</hi> 11, 12. <hi>p.</hi> 5.</item>
                  <item>what force the will hath upon the
Conscience. <hi>ibid. n.</hi> 13. <hi>p.</hi> 9.</item>
                  <item>what is the adequate measure of Con<g ref="char:EOLhyphen"/>science.
<hi>l.</hi> 1. <hi>c.</hi> 1. <hi>r.</hi> 1. <hi>n.</hi> 21. <hi>p.</hi> 8.</item>
                  <item>what Conscience is. <hi>ibid. n.</hi> 23. <hi>p.</hi> 9.</item>
                  <item>the word Conscience explained. <hi>ibid.</hi>
the full process of Conscience.</item>
                  <item>ibid. n. 24. p. 10.</item>
                  <item>
                     <hi>Conscientia</hi> distinguished from <hi>Pru<g ref="char:EOLhyphen"/>dentia.
ibid. n.</hi> 26. <hi>p.</hi> 10.</item>
                  <item>all the dictates of Conscience are not
equally certain. <hi>l.</hi> 1. <hi>c.</hi> 1. <hi>r.</hi> 2. <hi>n.</hi> 2. <hi>p.</hi> 12.</item>
                  <item>the offices of Conscience. <hi>ibid. p.</hi> 11.</item>
                  <item>to dictate. <hi>n.</hi> 1. <hi>p.</hi> 11.</item>
                  <item>to witness. <hi>n.</hi> 3.</item>
                  <item>to accuse or excuse. <hi>n.</hi> 5.</item>
                  <item>to loose or bind. <hi>n.</hi> 8.</item>
                  <item>the evils that are felt by a troubled
Conscience. <hi>l.</hi> 1. <hi>c.</hi> 1. <hi>r.</hi> 2. <hi>n.</hi> 10. <hi>p.</hi> 15.</item>
                  <item>the torments of a troubled Consci<g ref="char:EOLhyphen"/>ence.
<hi>ibid. p.</hi> 16.</item>
                  <item>Shame, the attendant of a troubled
Conscience. <hi>ibid. n.</hi> 11. <hi>p.</hi> 17.</item>
                  <item>Distraction of mind the effect of a
troubled Conscience. <hi>ibid. n.</hi> 12. <hi>p.</hi> 17.</item>
                  <item>Impudence is sometimes the effect of
a troubled Conscience. <hi>ibid. n.</hi> 13. <hi>p.</hi> 18.</item>
                  <item>A troubled Conscience disquieted
with Fear. <hi>ibid. n.</hi> 14. p. 19.</item>
                  <item>the pains of a troubled Conscience
described out of the book of the Wis<g ref="char:EOLhyphen"/>dom
of Solomon. <hi>ibid.</hi>
                  </item>
                  <item>a perpetual restlesness accompanies a
troubled Conscience. <hi>ibid. n.</hi> 16. <hi>p.</hi> 19.</item>
                  <item>the torments of Conscience encrease
at death and after. <hi>ibid. n.</hi> 17. <hi>p.</hi> 20.</item>
                  <item>by what instrument or power the Con<g ref="char:EOLhyphen"/>science
inflicteth torment.</item>
                  <item>ibid. n. 18. p. 20.</item>
                  <item>the reason why Conscience is more
afraid in some sins then others, though
they are all damnable. <hi>ibid. n.</hi> 22. <hi>p.</hi> 21.</item>
                  <item>Of the act of Absolution in the
Conscience. <hi>ibid. n.</hi> 24. <hi>p.</hi> 23.</item>
                  <item>the pleasures of a quiet good Consci<g ref="char:EOLhyphen"/>ence.
<hi>ibid.</hi>
                  </item>
                  <item>the signs of true peace of Conscience.</item>
                  <item>l. 1. c. 1. r. 2. n. 25. p. 24.</item>
                  <item>Conscience does sometimes onely
counsell. <hi>ibid. n.</hi> 27. <hi>p.</hi> 25.</item>
                  <item>men cover all their open sins with the
pretence of Conscience.</item>
                  <item>ibid. r. 3. n. 1. p. 26.</item>
                  <item>Conscience binds though it be in an
error. <hi>ibid. p.</hi> 27.</item>
                  <item>how to know when the office of Con<g ref="char:EOLhyphen"/>science
is usurped by something like it.</item>
                  <item>ibid. r. 3. n. 3. p. 27.</item>
                  <item>that Conscience that is not willing
to bear a search is not right. <hi>ibid.</hi>
                  </item>
                  <item>the Division of Conscience.</item>
                  <item>ibid. r. 7. per tot. p. 35.</item>
                  <item>the Conscience judgeth of actions by
a double act, a direct and reflex.</item>
                  <item>l. 1. c. 2. r. 2. n. 2. p. 39.</item>
                  <item>Propositions naturally and philoso<g ref="char:EOLhyphen"/>phically
known and not theologically
sometimes are the rule in a sure Consci<g ref="char:EOLhyphen"/>ence
<hi>ibid. r.</hi> 3. <hi>n.</hi> 5. <hi>p.</hi> 41.</item>
                  <item>the more sure the Conscience is the
greater is the sin that is against it.</item>
                  <item>ibid. r. 8. n. 1. p. 81.</item>
                  <item>the Conscience if it declares, obliges
whether it be right or wrong (with
some cautions.) <hi>ibid. r.</hi> 9. <hi>n.</hi> 3. <hi>p.</hi> 95.</item>
                  <item>whatsoever is expresly commanded by
God cannot by Conscience be changed
into evil <hi>ibid. n.</hi> 8. p. 96.</item>
                  <item>where the rule is so obscure or the
duty so intricate, that the Conscience
may inculpably erre, there the Consci<g ref="char:EOLhyphen"/>ence
may change the object.</item>
                  <item>ibid. n. 9. p. 97.</item>
                  <item>when the act is materially evil, belie<g ref="char:EOLhyphen"/>ving
it to be good does not make a perfect
change, but leaves an allay only.</item>
                  <item>ibid. r. 9. n. 10. p. 97.</item>
                  <item>if the Conscience dictate a thing to
be necessary, the thing is by no means to
be declined. <hi>ibid. n.</hi> 11. <hi>p.</hi> 97.</item>
                  <item>Conscience makes no essential altera<g ref="char:EOLhyphen"/>tions
in the thing, but only personall
obligations to the man. <hi>ibid. n.</hi> 11. <hi>p.</hi> 98.</item>
                  <item>the Conscience can make a change be<g ref="char:EOLhyphen"/>tween
necessary and unnecessary, but not
between good and bad. <hi>ibid. n.</hi> 12. <hi>p.</hi> 98.</item>
                  <item>If the Conscience determine that for
necessary to be done which ought not to
be done, the man cannot escape a sin.</item>
                  <item>l. 1. c. 2. r. 9. n. 11. p. 98.</item>
                  <item>If the Conscience dictate a thing to
be lawfull but not necessary, if the con<g ref="char:EOLhyphen"/>trary
be a duty, it is not safe to follow
the Conscience, because it allows only
and commands not. <hi>ibid. n.</hi> 13. <hi>p.</hi> 99.</item>
                  <item>what manner of obligation is passed
upon us by an erring Conscience.</item>
                  <item>l. 1. c. 3. r. 2. n. 26. p. 107.</item>
                  <item>the measures of obedience due to an
erring Conscience. <hi>ibid. n.</hi> 28. <hi>p.</hi> 107.</item>
                  <item>of a perplexed Conscience.</item>
                  <item>l. 1. c. 6. r. 2. n. 6. p. 212.</item>
                  <item>the strong and violent perswasions of
Conscience in single persons or in some
communities of men is not a sufficient
indication of a morall Law.</item>
                  <item>l. 2. c. 2. r. 6. n. 73. p. 371.</item>
                  <item>Nemo, in Conscientia donec condem<g ref="char:EOLhyphen"/>netur,
ad poenam exolvendam tenetur.</item>
                  <item>l. 2. c. 3. r. 16. n. 9. p. 523.</item>
                  <item>the Conscience may be free, when the
will is not. <hi>l.</hi> 3. <hi>c.</hi> 1. <hi>r.</hi> 1. <hi>n.</hi> 29. <hi>p.</hi> 20.</item>
                  <item>all humane Laws prescribing to
the Conscience or restraining the
thoughts are null.</item>
                  <item>l. 3. c. 1. r. 3. n. 4. p. 33.</item>
                  <item>in matter of burden the Conscience
of the guilty person is to be favoured as
much as may be in the interpretation of
Laws. <hi>l.</hi> 3. <hi>c.</hi> 2. <hi>r.</hi> 2. <hi>n.</hi> 31. <hi>p.</hi> 70.</item>
                  <item>they doe ill that make no Conscience
of purloining from the Custom-houses.</item>
                  <item>l. 3. c. 2. r. 8. n. 3. p. 125.</item>
                  <item>General Councils are of great use in
determining cases of Conscience.</item>
                  <item>l. 3. c. 4. r. 22. n. 2. p. 353.</item>
                  <item>Against a doubting Conscience a
man may not act, but against a scrupu<g ref="char:EOLhyphen"/>lous
he may. <hi>l.</hi> 1. <hi>c.</hi> 6. <hi>r.</hi> 2. <hi>n.</hi> 2. <hi>p.</hi> 211.</item>
               </list>
               <list>
                  <head>Candles.</head>
                  <item>of lighting Candles by dead bodies.</item>
                  <item>l. 3. c. 1. r. 1. n. 18. p. 12.</item>
               </list>
               <list>
                  <head>Charity.</head>
                  <item>religion yields to it.</item>
                  <item>l. 1. c. 1. r. 8. n. 28. p. 201.</item>
                  <item>the precept of Charity and forgive<g ref="char:EOLhyphen"/>ness
is not inconsistent with humane
punishments. <hi>l.</hi> 3. <hi>c.</hi> 2. <hi>r.</hi> 1. <hi>n.</hi> 3. <hi>p.</hi> 54.</item>
                  <item>whatsoever is against Charity is not
the effect of Justice. <hi>ibid. n.</hi> 5. <hi>p.</hi> 54.</item>
                  <item>duties of Charity in several persons
may be mutually contrary. <hi>ib. n.</hi> 7. <hi>p.</hi> 55</item>
               </list>
               <list>
                  <head>Children.</head>
                  <item>they ought to obey their Parents.</item>
                  <item>l. 3. c. 5. r. 1. n. 1. p. 359.</item>
                  <item>reasons to enforce that duty.</item>
                  <item>ibid. n. 1, 2, 3. p. 359, 360.</item>
                  <item>they must honour and reverence their
Parents. <hi>l.</hi> 3. <hi>c.</hi> 5. <hi>r.</hi> 1. <hi>n.</hi> 6. <hi>p.</hi> 362.</item>
                  <item>it is a sin for Children to disobey the
holy precepts and counsels their Fathers
instruct them with. <hi>ibid. n.</hi> 7. <hi>p.</hi> 362.</item>
                  <item>they must maintain their Parents.</item>
                  <item>l. 3. c. 5. r. 3. n. 2. p. 366.</item>
                  <item>they should be under strict tutelage
betimes. <hi>l.</hi> 4. <hi>c.</hi> 1. <hi>r.</hi> 6. <hi>n.</hi> 6. <hi>p.</hi> 503.</item>
                  <item>at what age Children are capable of
Laws. <hi>ibid. n.</hi> 4. <hi>p.</hi> 501.</item>
               </list>
               <list>
                  <head>Compliance with weak
Consciences.</head>
                  <item>the Council of <hi>Auxerre</hi> did appoint
Letanies and austerities three days with<g ref="char:EOLhyphen"/>in
the twelve Festivals of Christmas, to
rebuke the too-great compliance with the
Heathen. <hi>l.</hi> 2. <hi>c.</hi> 3. <hi>r.</hi> 19. <hi>n.</hi> 15. <hi>p.</hi> 553.</item>
                  <item>No sin is to be permitted in comply<g ref="char:EOLhyphen"/>ance
with weak Consciences.</item>
                  <item>ibid. r. 10. n. 8. p. 434.</item>
                  <item>of compliance with weak Consciences.</item>
                  <item>ibid. n. 12. p. 437.</item>
                  <item>A custome in the administration of a
Sacrament brought in against the analo<g ref="char:EOLhyphen"/>gy
and purpose of the mystery ought
not to be complyed with.</item>
                  <item>l. 3. c. 4. r. 15. n. 12. p. 295.</item>
               </list>
               <list>
                  <head>Christ.</head>
                  <item>the divinity of his person.</item>
                  <item>l. 1. c. 4. r. 2. <hi>à</hi> n. 13. <hi>ad</hi> n. <gap reason="illegible" resp="#TECH" extent="1 letter">
                        <desc>•</desc>
                     </gap>8. p. 130.</item>
                  <item>of his Doctrine.</item>
                  <item>ibid. <hi>à</hi> n. 18. <hi>ad.</hi> n. 21.</item>
                  <item>his Instruments. <hi>n.</hi> 22.</item>
                  <item>of his praedictions. <hi>ibid. n.</hi> 26.</item>
                  <item>considered in opposition to the</item>
                  <item>Jewish religion. <hi>ibid. n.</hi> 29.</item>
                  <item>Heathen. <hi>ibid. n.</hi> 30.</item>
                  <item>Mahometan. <hi>ibid. n.</hi> 31.</item>
                  <item>If Christ hath not taught us some
new Laws, he hath taught some new Ex<g ref="char:EOLhyphen"/>cellencies
and perfections of Morality
in the old instances. <hi>l.</hi> 2. <hi>c.</hi> 2. <hi>r.</hi> 4. <hi>n.</hi> 2. <hi>p.</hi> 319.</item>
                  <item>of the Example of, Christ, as it is to
be imitated by us. <hi>l.</hi> 2. <hi>c.</hi> 2. <hi>r.</hi> 7. <hi>n.</hi> 33. <hi>p.</hi> 383.</item>
               </list>
               <list>
                  <pb n="534" facs="tcp:58903:578"/>
                  <head>Christian.</head>
                  <item>wherein the Christian righteousness
differs from the Mosaick.</item>
                  <item>l. 4. c. 1. r. 1. n. 24. p. 450.</item>
                  <item>why the Christian Law contains
somethings contrary to the Law of na<g ref="char:EOLhyphen"/>ture.
<hi>l.</hi> 1. <hi>c.</hi> 2. <hi>r.</hi> 3. <hi>n.</hi> 31. <hi>p.</hi> 50.</item>
                  <item>A discourse proving that the CHRI<g ref="char:EOLhyphen"/>STIAN
RELIGION is from God.</item>
                  <item>l. 1. c. 4. r. 2. n. 12. p. 124.</item>
                  <item>the Christian Religion if it were
embraced rightly would prevent all war.</item>
                  <item>l. 2. c. 2. r. 7. n. 20. p. 378.</item>
                  <item>A character of the Christians obedi<g ref="char:EOLhyphen"/>ence.
<hi>l.</hi> 2. <hi>c.</hi> 3. <hi>r.</hi> 5. <hi>n.</hi> 1. <hi>p.</hi> 405.</item>
                  <item>the difference between the Christian
ceremonies and those of Moses Law.</item>
                  <item>ib. n. 5. p 406.</item>
                  <item>the righteousness of the Christians
must exceed that of the Jews.</item>
                  <item>l. 2. c. 3. r. 20. n. 2. p. 555.</item>
                  <item>the Christian Churches and Com<g ref="char:EOLhyphen"/>monweals
ought to be better ordered
then were the Jewish. <hi>ib. n.</hi> 3. <hi>p.</hi> 555.</item>
                  <item>wherein the Christian obedience must
exceed the Jewish.</item>
                  <item>l. 2. c. 3. r. 20. n. 2. ad fin. cap.
p. 556, 557</item>
                  <item>how far every single Christian is
bound to exceed the measures of obedi<g ref="char:EOLhyphen"/>ence
practised under the Law of Moses.</item>
                  <item>l. 2. c. 3. r. 20. n. 12. p. 558.</item>
                  <item>Humane Laws can impose ceremo<g ref="char:EOLhyphen"/>nies
upon us notwithstanding Christian
Libertie. <hi>l.</hi> 3. <hi>c.</hi> 1. <hi>r.</hi> 1. <hi>n.</hi> 28. <hi>p.</hi> 18.</item>
                  <item>Christians must not go to Law but
upon very great cause.</item>
                  <item>l. 3. c. 2. r. 1. n. 18. p. 615.</item>
               </list>
               <list>
                  <head>Cicero</head>
                  <item>was too amorous to his own daughter.</item>
                  <item>l. 2. c. 2. r. 3. n. 78. p. 315.</item>
               </list>
               <list>
                  <head>Civil.</head>
                  <item>the Civil power is enabled in the law
of Moses to punish with death crimes
committed against the private authority
of the Father upon his single testimony.</item>
                  <item>l. 3. c. 5. r. 2. n. 2. p. 364.</item>
                  <item>the Civil and Canon Law differ in
their account of Rapes.</item>
                  <item>ibid. r. 8. n. 15. p. 387.</item>
                  <item>wherein the Civil Law can change the
Natural Law. <hi>l.</hi> 2. <hi>c.</hi> 1. <hi>r.</hi> 10. <hi>n.</hi> 7. <hi>p.</hi> 271.</item>
                  <item>the Civil Law can adde to the Law
of Nature. <hi>ibid. n.</hi> 9. <hi>p.</hi> 272.</item>
                  <item>Cautions to be used in civil permissi<g ref="char:EOLhyphen"/>ons
of an unlawfull act.</item>
                  <item>l. 2. c. 2. r. 7. n. 7. p. 374.</item>
                  <item>the difference between the obligation
that Laws of the Church and Civil
Laws leave on the Subject.</item>
                  <item>l. 3. c. 4. r. 18. n. 6. p. 315.</item>
               </list>
               <list>
                  <head>Circumstances.</head>
                  <item>of the Circumstances of time and place
in relation to Laws.</item>
                  <item>l. 3. c. 6. r. 3. n. 30. p. 422.</item>
               </list>
               <list>
                  <head>Certainty.</head>
                  <item>a twofold certainty in the Conscience.</item>
                  <item>l. 1. c. 2. r. 2. n. 2. p. 39.</item>
                  <item>what kind of certainty is to be look'd
for in moral actions. <hi>ibid. n.</hi> 3. <hi>p.</hi> 39.</item>
                  <item>an opinion may be practically certain
when the knowledge of it in speculation
is only probable.</item>
                  <item>l. 1. c. 4. r. 1. n. 1. p. 120.</item>
               </list>
               <list>
                  <head>Clemency.</head>
                  <item>It is a great vertue in a Prince.</item>
                  <item>l. 3. c. 3. r. 2. n. 18. p. 146.</item>
               </list>
               <list>
                  <head>Commandment, &amp;c.</head>
                  <item>In interpreting Gods commands we
must chuse that sense that most promotes
the ends of the Commandment.</item>
                  <item>l. 3. c. 6. r. 1. n. 10. p. 403.</item>
                  <item>he that commands is more guilty then
be that in obedience executes.</item>
                  <item>l. 4. c. 1. r. 2. n. 1. p. 455.</item>
                  <item>In maleficio, Ratihabitio mandato com<g ref="char:EOLhyphen"/>paratur.
ibid.</item>
                  <item>In all prime necessary Command<g ref="char:EOLhyphen"/>ments
the most obvious sense is the best
and principally intended.</item>
                  <item>l. 1. c. 1. r. 6. n. 1. p. 34.</item>
                  <item>whatsoever is expresly commanded by
God cannot by Conscience be changed
into evil. <hi>l.</hi> 1. <hi>c.</hi> 2. <hi>r.</hi> 9. <hi>n.</hi> 8. <hi>p.</hi> 96.</item>
                  <item>when a Commandment is given with
a reason, it does not follow, that where
the reason continues not, that the Com<g ref="char:EOLhyphen"/>mandment
does not.</item>
                  <item>l. 1. c. 5. r. 8. n. 8. p. 192.</item>
                  <item>the breach of a Commadment is a
surer rule to judge of the quality of sins
then their being against a natural reason.</item>
                  <item>l. 2. c. 1. r. 6. n. 4. p. 259.</item>
                  <item>To kill ones self is against the sixth
Commandment. <hi>l.</hi> 3. <hi>c.</hi> 2. <hi>r.</hi> 3. <hi>n.</hi> 7. <hi>p.</hi> 75.</item>
                  <item>whatsoever is forbidden by the natu<g ref="char:EOLhyphen"/>rall
law or commanded by it cannot be
permitted or forbidden.</item>
                  <item>l. 2. c. 1. r. 10. n. 3. p. 270.</item>
                  <item>The Jewish Doctors taught that at
the command of a Prophet, it was law<g ref="char:EOLhyphen"/>full
to break any Commandment, that
only excepted, which concerns the wor<g ref="char:EOLhyphen"/>ship
of God. <hi>l.</hi> 2. <hi>c.</hi> 2. <hi>r.</hi> 1. <hi>n.</hi> 1. <hi>p.</hi> 276.</item>
                  <item>the reasons that move those of the
Church of Rome to make the two first
Commandments to be one.</item>
                  <item>l. 2. c. 2. r. 6. n. 6. p. 327.</item>
                  <item>the reasons that move the Lutherans to
doe it. <hi>ibid. p.</hi> 329.</item>
                  <item>the second Commandment is moral,
not only positive. <hi>ibid. n.</hi> 23. <hi>p.</hi> 338.</item>
                  <item>the Primitive Christians were haters
of Image-worship. <hi>ibid. n.</hi> 33. <hi>p.</hi> 349.</item>
                  <item>Many of the Ancients affirme that
both the tables of Moses are moral in
all except the precept of the Sabbath.</item>
                  <item>ibid. n. 41. p. 355.</item>
                  <item>Reasons why all Commandments but
the Fifth are affirmative.</item>
                  <item>l. 2. c. 3. r. 1. n. 2. p. 389.</item>
                  <item>that parts of some precepts are Coun<g ref="char:EOLhyphen"/>sels
<hi>ibid. n.</hi> 14. <hi>p.</hi> 394.</item>
                  <item>more is forbidden and commanded
then is in the words of the Command<g ref="char:EOLhyphen"/>mandment.
<hi>ibid. r.</hi> 3. <hi>n.</hi> 1. <hi>p.</hi> 396.</item>
                  <item>whatsoever action is of the same spe<g ref="char:EOLhyphen"/>cification
with an action expresly com<g ref="char:EOLhyphen"/>manded
or forbidden is of the same obli<g ref="char:EOLhyphen"/>gation.
<hi>ibid. n.</hi> 3. <hi>p.</hi> 398.</item>
                  <item>if the Relative be under the Com<g ref="char:EOLhyphen"/>mandment,
then also the Correlative is</item>
                  <item>ibid. n. 6. p. 399.</item>
                  <item>In what sense it is said, He that breaks
one Commandment is guilty of all.</item>
                  <item>ibid. r. 11. n. 17. p. 447.</item>
                  <item>there is in every Commandment a
negative and an affirmative part.</item>
                  <item>ibid. r. 12. n. 2. p. 449.</item>
                  <item>In matters of counsell God does in<g ref="char:EOLhyphen"/>vite
us to some actions, which to o<g ref="char:EOLhyphen"/>mit
is no sin, but it is never so in matters
of Commandment.</item>
                  <item>ib. r. 16. n. 21. p. 529.</item>
                  <item>Of Commandments and Counsels.</item>
                  <item>ib. r. 17. n. 11. p. 545.</item>
                  <item>A flying or ambulatory Command<g ref="char:EOLhyphen"/>ment,
<hi>il mandato volante.</hi>
                  </item>
                  <item>ibid. r. 18. n. 1. p. 547.</item>
                  <item>when it is unlawfull to teach for Do<g ref="char:EOLhyphen"/>ctrines
the Commandments of men.</item>
                  <item>l. 3. c. 4. r. 17. n. 10. p. 304.</item>
                  <item>Instances wherein the Roman Church
do advance the Commandments of men
above those of God.</item>
                  <item>ibid. n. 16, 17, 18. p. 306, 307.</item>
                  <item>Laws made by a particular Church
must not be taught for doctrines and
Commandments of God. <hi>ibid. n.</hi> 30.</item>
                  <item>Customs are to be tried by the rule or
commandment.</item>
                  <item>l. 2. c. 3. r. 19. n. 5. p. 550.</item>
               </list>
               <list>
                  <head>Commission.</head>
                  <item>Sins of commission are greater then
sins of omission.</item>
                  <item>l. 2. c. 3. r. 1. n. 12. p. 393.</item>
               </list>
               <list>
                  <head>Commutation.</head>
                  <item>of commutation of Laws.</item>
                  <item>l. 3. c. 6. r. 5. p. 426.</item>
                  <item>rules of administring it. <hi>ibid.</hi>
                  </item>
               </list>
               <list>
                  <head>Consent.</head>
                  <item>in what cases Consent is indicated by
silence. <hi>l.</hi> 4. <hi>c.</hi> 1. <hi>r.</hi> 2. <hi>n.</hi> 11. <hi>p.</hi> 461.</item>
                  <item>Cautions to be observed in the pre<g ref="char:EOLhyphen"/>sumption
of leave upon the silence of a
Superiour. <hi>l.</hi> 4. <hi>c.</hi> 1. <hi>n.</hi> 16. <hi>p.</hi> 462.</item>
                  <item>it is no argument, when it is nothing
but imitation. <hi>l.</hi> 2. <hi>c.</hi> 2. <hi>r.</hi> 6. <hi>n.</hi> 74. <hi>p.</hi> 371.</item>
                  <item>In matters criminal the consent con<g ref="char:EOLhyphen"/>tracts
guilt. <hi>l.</hi> 4. <hi>c.</hi> 1. <hi>r.</hi> 2. <hi>n.</hi> 3. <hi>p.</hi> 456.</item>
               </list>
               <list>
                  <head>Contract.</head>
                  <item>In all obligations of Conscience by
contract, when any doubt arises in the
Interpretation, we are to rest upon that
which is most likely and most usuall.</item>
                  <item>l. 3. c. 6. r. 1. n. 12. p. 404.</item>
                  <item>Rules of extending or diminution of
contracts the same as of extending or
<pb n="535" facs="tcp:58903:578"/>
diminution of Laws.</item>
                  <item>ibid. r. 3. n. 32. p. 422.</item>
                  <item>In matters of Fraud, if an error be
in the substance of things contracted
for, it is invalid. <hi>l.</hi> 4. <hi>p.</hi> 509.</item>
                  <item>Cases concerning contracts.</item>
                  <item>l. 4. c. 1. r. 6. n. 22. p. 510.</item>
                  <item>of contracts with minors.</item>
                  <item>l. 2. c. 1. r. 5. n. 2, 3. p. 252.</item>
                  <item>A Contract made by him that had no
power is invalid. <hi>ibid. r.</hi> 7. <hi>n.</hi> 3. <hi>p.</hi> 261.</item>
               </list>
               <list>
                  <head>Clergy.</head>
                  <item>Of Clergy-men wearing black.</item>
                  <item>l. 3. c. 4. r. 15. n. 7. p. 290.</item>
                  <item>of the marriage of the Clergy.</item>
                  <item>ibid. r. 20. n. 15. p. 332.</item>
                  <item>Some Councils have subjected the
Clergy to the secular Judge.</item>
                  <item>l. 3. c. 3. r. 6. n. 4. p. 180.</item>
               </list>
               <list>
                  <head>Communion.</head>
                  <item>Of Communion with erroneous per<g ref="char:EOLhyphen"/>sons.
<hi>l.</hi> 3. <hi>c.</hi> 4. <hi>r.</hi> 8. <hi>n.</hi> 5, 6. <hi>p.</hi> 249.</item>
                  <item>We may not communicate with those
that are justly excommunicate.</item>
                  <item>ibid. r. 10. p. 261.</item>
               </list>
               <list>
                  <head>Compell.</head>
                  <item>Princes may compell their Subjects
to serve God. <hi>l.</hi> 3. <hi>c.</hi> 3. <hi>r.</hi> 5. <hi>n.</hi> 3. <hi>p.</hi> 174.</item>
               </list>
               <list>
                  <head>Confessions of Faith.</head>
                  <item>Subscription to them is only for the
conservation of peace and unity.</item>
                  <item>l. 3. c. 4. r. 23. n. 1. p. 356.</item>
                  <item>Such subscription does not bind a
man for ever. <hi>ibid. n.</hi> 2.</item>
                  <item>should be required to Articles other<g ref="char:EOLhyphen"/>wise
necessary in themselves.</item>
                  <item>ibid. n. 3. p. 357.</item>
                  <item>or for the preserving of peace. <hi>ib. n.</hi> 4.</item>
               </list>
               <list>
                  <head>Controversies.</head>
                  <item>Of the Judge of Controversies.</item>
                  <item>l. 3. c. 4. r. 21. n. 3. p. 351.</item>
                  <item>The Catholick Church cannot be a
Judge in Controversies, because if there
be a difference it is not Catholick.</item>
                  <item>ibid. n. 4.</item>
                  <item>an expedient for the attaining peace of
Conscience in relation to the Contro<g ref="char:EOLhyphen"/>versies
that trouble Christendome.</item>
                  <item>l. 4. c. 1. r. 1. n. 10. p. 443.</item>
               </list>
               <list>
                  <head>Contempt.</head>
                  <item>Of Contempt of Laws.</item>
                  <item>l. 3. c. 1. r. 1. n. 22. p. 15.</item>
                  <item>Causelessly and contemptuously are
all one. <hi>ibid.</hi>
                  </item>
                  <item>In <hi>Comparatione</hi> personarum inest
lasio &amp; injuria. l. 3. c. 5. r. 7. n. 9. p. 377.</item>
               </list>
               <list>
                  <head>Counsell.</head>
                  <item>He that gives counsell or aid to an
action good or evil, to him it is impu<g ref="char:EOLhyphen"/>ted
as the effect of his choice.</item>
                  <item>l. 4. c. 1. r. 2. n. 22. p. 466.</item>
                  <item>of the guilt of those that assist at
murthers, either by counsell, company
or presence. <hi>ibid. n.</hi> 23. <hi>p.</hi> 467.</item>
                  <item>the parts of some precepts are Coun<g ref="char:EOLhyphen"/>sells.
<hi>l.</hi> 2. <hi>c.</hi> 3. <hi>r.</hi> 1. <hi>n.</hi> 14. <hi>p.</hi> 394.</item>
                  <item>the difference between Counsells and
Laws. <hi>ibid. r.</hi> 12. <hi>n.</hi> 4. <hi>p.</hi> 450.</item>
                  <item>the measures and notes of their diffe<g ref="char:EOLhyphen"/>rence
<hi>ibid. n.</hi> 10. <hi>p.</hi> 452.</item>
                  <item>In matter of Counsels God does in<g ref="char:EOLhyphen"/>vite
us to some actions, which to omit is
no sin. <hi>ibid. r.</hi> 16. <hi>n.</hi> 21. <hi>p.</hi> 529.</item>
                  <item>Of Counsells, <hi>ib. r.</hi> 17. <hi>n.</hi> 11. <hi>p.</hi> 545.</item>
                  <item>Evangelical Counsells may not be
made into Laws.</item>
                  <item>l. 3. c. 4. r. 20. n. 12. p. 330.</item>
                  <item>Counsells Evangelical when they are
not left at liberty become a snare.</item>
                  <item>l. 3. c. 4. r. 20. n. 13. p. 331.</item>
               </list>
               <list>
                  <head>Council.</head>
                  <item>A Council cannot alone give suffici<g ref="char:EOLhyphen"/>ent
authority to tradition.</item>
                  <item>l. 2. c. 3. r. 14. n. 42. p. 499.</item>
                  <item>The Council of Auxerre did appoint
Letanies and Austerities three dayes
within the twelve festivals of Christmas,
to rebuke the too-great complyance with
the Heathen. <hi>ibid. r.</hi> 19. <hi>n.</hi> 14. <hi>p.</hi> 553.</item>
                  <item>Some Councils have subjected the
Clergy to the Secular Judge.</item>
                  <item>l. 3. c. 3. r. 6. n. 4. p. 180.</item>
                  <item>The first Councils were called by the
Emperors. <hi>ibid. r.</hi> 7. <hi>n.</hi> 10. <hi>p.</hi> 204.</item>
                  <item>the Emperor had the primacy in eight
General Councils. <hi>ibid.</hi>
                  </item>
                  <item>the Emperor did dismiss the Coun<g ref="char:EOLhyphen"/>cils
<hi>ibid. n.</hi> 11. <hi>p.</hi> 205.</item>
                  <item>Of a General Council and its autho<g ref="char:EOLhyphen"/>rity.
<hi>l.</hi> 3. <hi>c.</hi> 4. <hi>r.</hi> 14. <hi>n.</hi> 1. <hi>p.</hi> 285.</item>
                  <item>Several Councils rejected by several
Catholick Princes. <hi>ibid. n.</hi> 2. <hi>p.</hi> 286.</item>
                  <item>How binding the Canons of an an<g ref="char:EOLhyphen"/>cient
Council are. <hi>ibid. n.</hi> 3. <hi>p.</hi> 286.</item>
                  <item>General Councils are not the proper
measure of matters of faith.</item>
                  <item>ibid. r. 22. n. 1. p. 353.</item>
                  <item>yet are of great use in determining
cases of Conscience. <hi>ibid. n.</hi> 2.</item>
                  <item>what is the authority of a Council.</item>
                  <item>ibid. n. 3. p. 354.</item>
                  <item>Of <hi>Counterfeiting</hi> old Medals, Ma<g ref="char:EOLhyphen"/>nuscripts
and Beautie, <hi>&amp;c.</hi>
                  </item>
                  <item>l. 3. c. 2. r. 5. n. 44. p. 104.</item>
               </list>
               <list>
                  <head>Criminal.</head>
                  <item>In matters criminal the consent con<g ref="char:EOLhyphen"/>tracts
guilt. <hi>l.</hi> 4. <hi>c.</hi> 1. <hi>r.</hi> 2. <hi>n.</hi> 3. <hi>p.</hi> 456.</item>
                  <item>in what cases the Criminal is to be
his own Executioner.</item>
                  <item>l. 3. c. 2. r. 2. n. 14. p. 63.</item>
                  <item>A Criminal condemned may be par<g ref="char:EOLhyphen"/>doned
by the King.</item>
                  <item>l. 3. c. 3. r. 2. n. 18. p. 146.</item>
                  <item>In what cases he may doe it.</item>
                  <item>ibid. n. 19. p. 147.</item>
                  <item>Death must not be inflicted on Cri<g ref="char:EOLhyphen"/>minals
upon trifling causes.</item>
                  <item>l. 3. c. 2. r. 1. n. 17. p. 58.</item>
               </list>
               <list>
                  <head>Condemned.</head>
                  <item>Condemned persons are not bound
to put themselves to death.</item>
                  <item>l. 3. c. 2. r. 2. n. 18. p. 65.</item>
                  <item>One condemned by an unlawful
Judge or Power, may resist the Executi<g ref="char:EOLhyphen"/>oner
in some cases. <hi>ibid.</hi>
                  </item>
                  <item>Signes by which to know when the
Law condemns the Offender <hi>ipso facto.</hi>
                  </item>
                  <item>ibid. p. 68.</item>
                  <item>whether it be lawfull to kill a mans
self when he stands condemned to dye.</item>
                  <item>l. 3. c. 2. r. 3. n. 4. p. 72.</item>
                  <item>An Offender condemned may be
pardoned by the King.</item>
                  <item>l. 3. c. 3. r. 2. n. 18. p. 146.</item>
                  <item>In what cases he may doe it.</item>
                  <item>ibid. n. 19. p. 147.</item>
                  <item>Of the <hi>Cross</hi> used in Baptisme.</item>
                  <item>l. 3. c. 4. r. 20. n. 8. p. 327.</item>
                  <item>Of the marriage of <hi>Cosen-Germans.</hi>
                  </item>
                  <item>l. 2. c. 2. r. 3. n. 34. p. 301.</item>
                  <item>P. Gregory affirmed that if <hi>Cosen-Germans</hi>
marry they would have no
children. <hi>l.</hi> 2. <hi>c.</hi> 2. <hi>r.</hi> 3. <hi>n.</hi> 79. <hi>p.</hi> 316.</item>
               </list>
               <list>
                  <head>Custome.</head>
                  <item>Where a Law is established and good,
Custome of it self cannot annull it.</item>
                  <item>l. 3. c. 6. r. 6. n. 2. p. 428.</item>
                  <item>When there is no Law, Custome sup<g ref="char:EOLhyphen"/>lies
the place. <hi>ibid.</hi>
                  </item>
                  <item>A Custome can interpret a Law.</item>
                  <item>ibid. n. 3. p. 428.</item>
                  <item>Customes are as good as Laws in the
doubtfull interpretation of Laws.</item>
                  <item>ibid. n. 3. p. 428.</item>
                  <item>That Custome, by the Laws of <hi>Spain,</hi>
is forever to be observed, according to
which the Judge has twice pronounced
sentence. <hi>ibid.</hi>
                  </item>
                  <item>Custome alone cannot abrogate
Laws. <hi>ibid. n. 4. p.</hi> 428.</item>
                  <item>Consuetudo nec rationem vincit nec
legem. ibid. p. 429.</item>
                  <item>Customes against law cannot inde<gap reason="illegible" resp="#TECH" extent="1 letter">
                        <desc>•</desc>
                     </gap>
                     <g ref="char:EOLhyphen"/>nifie
the Conscience. <hi>ibid.</hi>
                  </item>
                  <item>That mistake that Custome can ab<g ref="char:EOLhyphen"/>rogate
a Law, <gap reason="illegible" resp="#TECH" extent="1 letter">
                        <desc>•</desc>
                     </gap>egan in those nations
where the legislative power was in the
people. <hi>ib. n.</hi> 6. <hi>p.</hi> 429.</item>
                  <item>Custome cannot abrogate a Law un<g ref="char:EOLhyphen"/>der
a Monarchy <hi>ibid. p.</hi> 430.</item>
                  <item>The Conscience cannot relie upon
Customes, because of the many diffi<g ref="char:EOLhyphen"/>culties.
<hi>ibid. n.</hi> 7. <hi>p.</hi> 430.</item>
                  <item>What receives all its warrant from
Custome cannot be of divine authority.</item>
                  <item>l. 2. c. 3. <gap reason="illegible" resp="#TECH" extent="1 letter">
                        <desc>•</desc>
                     </gap>. 19. n. 1. p. 548.</item>
                  <item>Custome may expound the sense of
Law or Doctrine, but not make one.</item>
                  <item>ibid. n. 2. p. 549.</item>
                  <item>A weak reason is to be preferred be<g ref="char:EOLhyphen"/>fore
a long prevailing custome.</item>
                  <item>ibid. n. 3. p. 549.</item>
                  <item>Customes are to be examined and try<g ref="char:EOLhyphen"/>ed
by the Rule or Commandment.</item>
                  <item>ibid. n. 5. p. 550.</item>
                  <item>When Custome may safely be relyed
upon. <hi>ibid. n.</hi> 6. <hi>p.</hi> 550.</item>
                  <item>The Customes of the world are but
an ill Commentary on the Com<g ref="char:EOLhyphen"/>mandments
of our B. Lord.</item>
                  <item>ibid. n. 7. p. 550.</item>
                  <item>
                     <pb n="536" facs="tcp:58903:579"/>
Customes ought to be borrowed from
the Heathen with great caution.</item>
                  <item>ibid. n. 14. p. 553.</item>
                  <item>Such customes as are built upon any
point of heathen doctrine we may not
borrow. <hi>l.</hi> 2. <hi>c.</hi> 3. <hi>r.</hi> 19. <hi>n.</hi> 15. <hi>p.</hi> 553.</item>
                  <item>Ex consuetudine indici praesumptio<g ref="char:EOLhyphen"/>nem
contemptus, licèt ipsa contemptus
non fit. l. 3. c. 1. r. 1. n. 22. p. 15.</item>
                  <item>The authority of customes of the
Church. <hi>l.</hi> 3. <hi>c.</hi> 4. <hi>r.</hi> 15. <hi>n.</hi> 1. <hi>p.</hi> 287.</item>
                  <item>A Christian must not practise the
different customes of his own Church
to the scandal of another.</item>
                  <item>ibid. n. 4. p. 288.</item>
                  <item>A man may comply with the differing
customes of several Churches. <hi>ibid.</hi>
                  </item>
                  <item>A custome of the Catholick Church
obliges not the Conscience, unless it be
of present observation.</item>
                  <item>ibid. n. 5. p. 289.</item>
                  <item>A custome of the Church obliges not
the Conscience against a Law of the
Church.</item>
                  <item>
                     <hi>ibid. n.</hi> 6. <hi>p.</hi> 289.</item>
                  <item>A custome of the Church obliges not
the Conscience, unless it be reasonable,
or to avoid scandal. <hi>ibid. n.</hi> 7. <hi>p.</hi> 290.</item>
                  <item>The measures by which good customes
are known. <hi>ibid. n.</hi> 8. <hi>p.</hi> 291.</item>
                  <item>A custome whose reason is not known,
if it be of immemorial time, is not
lightly to be laid aside.</item>
                  <item>l. 3. c. 4. r. 15. n. 10. p. 292.</item>
                  <item>Consu<gap reason="illegible" resp="#TECH" extent="1 letter">
                        <desc>•</desc>
                     </gap>tudo cujus initii memoria non
sit in contrarium, praesumitur rationabi<g ref="char:EOLhyphen"/>lis.
ibid. n. 10. p. 293.</item>
                  <item>A custome Ecclesiastical that is but
of a legal and presumed reasonableness
binds us to conformity.</item>
                  <item>ibid. n. 11. p. 293.</item>
                  <item>The Character of those that quarrel<g ref="char:EOLhyphen"/>led
with the customes of our Church.</item>
                  <item>ibid. n. 11. p. 294.</item>
                  <item>A custome in the administration of
a Sacrament brought up against the a<g ref="char:EOLhyphen"/>nalogy
&amp; purpose of the mystery ought
not to be complied with.</item>
                  <item>l. 3. c. 4. r. 15. n. 12. p. 295.</item>
                  <item>The Judges by their sentences best
convey the notice of a Custome.</item>
                  <item>l. 3. c. 6. r. 6. n. 3. p. 428.</item>
               </list>
               <list>
                  <head>Custome, or tribute.</head>
                  <item>They doe ill that make no conscience
of purloining from the Custome-house.</item>
                  <item>l. 3. c. 2. r. 8. n. 3. p. 125.</item>
                  <item>It is not lawfull to deny custome,
though to the Farmer and not to the
Prince. <hi>l.</hi> 3. <hi>c.</hi> 2. <hi>r.</hi> 10. <hi>n.</hi> 5. <hi>p.</hi> 128.</item>
                  <item>Of <gap reason="foreign">
                        <desc>〈 in non-Latin alphabet 〉</desc>
                     </gap> and <gap reason="foreign">
                        <desc>〈 in non-Latin alphabet 〉</desc>
                     </gap>
                  </item>
                  <item>l. 3. c. 3. r. 4. n. 19. p. 172.</item>
                  <item>In <hi>Corporal</hi> punishments the Law
does not proceed without the sentence
of the Judge.</item>
                  <item>l. 3. c. 2. r. 2. n. 17. p. 64.</item>
                  <item>Qualis <hi>Causa</hi> talis Effectus. Pref.</item>
                  <item>pag. 12.</item>
               </list>
            </div>
            <div n="D" type="part">
               <head>D.</head>
               <list>
                  <item>THE <hi>Daughter</hi> that is marriagea<g ref="char:EOLhyphen"/>ble,
when her Father is dead, is
under the power of her Mother.</item>
                  <item>l. 3. c. 5. r. 8. n. 29. p. 394.</item>
               </list>
               <list>
                  <head>Death.</head>
                  <item>What things are requisite to make the
sentence of Death just upon an accused
person. <hi>l. 1. c.</hi> 2. <hi>r.</hi> 8. <hi>n.</hi> 18. <hi>p.</hi> 88.</item>
                  <item>Death-bed repentance.</item>
                  <item>l. 2. c. 3. r. 16. n. 9. p. 523.</item>
                  <item>The Laws of God in precepts purely
affirmative do not oblige to an actual
obedience in danger of death.</item>
                  <item>l. 3. c. 1. r. 2. n. 8. p. 27.</item>
                  <item>An Humane Law made under the
penaltie of death binds to obedience,
though death certainly follow.</item>
                  <item>l. 3. c. 1. r. 2. n. 12. p. 29.</item>
                  <item>Whether it be lawfull to kill a mans
self when he stands condemned to dye.</item>
                  <item>l. 3. c. 2. r. 3. n. 4. p. 72.</item>
                  <item>Among the Romans they that killed
themselves might make their wills. <hi>ibid.</hi>
                  </item>
                  <item>The Stoicks held it lawfull to kill
ones self in five cases. <hi>ibid. n.</hi> 4. <hi>p.</hi> 73.</item>
                  <item>
                     <hi>Aristotle</hi> will not allow it to be gal<g ref="char:EOLhyphen"/>lant
for the avoiding any evil to kill ones
self. <hi>l.</hi> 3. <hi>c.</hi> 2. <hi>r.</hi> 3. <hi>n.</hi> 6. <hi>p.</hi> 74.</item>
                  <item>When a Tyrant power threatens death
to make the obedient Subject contemn
the Law, the Subject ought rather to
dy then disobey the Law.</item>
                  <item>l. 3. c. 1. r. 2. n. 13. p. 29.</item>
                  <item>Death must not be inflicted on
Criminals upon trifling causes.</item>
                  <item>l. 3. c. 2. r. 1. n. 17. p. 58.</item>
                  <item>Some Princes required malefactors to
be Executioners of death upon them<g ref="char:EOLhyphen"/>selves.
<hi>l.</hi> 3. <hi>c.</hi> 2. <hi>r.</hi> 2. <hi>n.</hi> 17. <hi>p.</hi> 65.</item>
                  <item>It is an act of Despair to procure ones
own death to prevent worse usage from
the hands of Enemies.</item>
                  <item>l. 3. c. 2. r. 3. n. 8. p. 75.</item>
                  <item>To kill ones self is against the sixth
Commandment. <hi>ibid. n.</hi> 7. <hi>p.</hi> 75.</item>
                  <item>It is no more lawfull to kill ones self,
then ones neighbour, because our love
to our selves is the measure of our love
to our neighbour. <hi>ibid. n.</hi> 9. <hi>p.</hi> 76.</item>
                  <item>To kill ones self is against the Do<g ref="char:EOLhyphen"/>ctrines
of the Fathers.</item>
                  <item>l. 3. c. 2. r. 3. n. 6, 9. p. 76.</item>
                  <item>is rebellion against God. <hi>n.</hi> 10. <hi>p.</hi> 76.</item>
                  <item>is against nature. <hi>n.</hi> 11. <hi>p.</hi> 77.</item>
                  <item>Of Sampsons killing himself.</item>
                  <item>l. 3. c. 2. r. 3. n. 13. p. 77.</item>
                  <item>Of arresting dead bodies for debt.</item>
                  <item>l. 3. c. 2. r. 7. n. 10. p. 120.</item>
               </list>
               <list>
                  <head>Debt.</head>
                  <item>A man is not bound to pay his debts,
when to do so will take away from him
his natural support.</item>
                  <item>l. 1. c. 5. r. 8. n. 28. p. 201.</item>
                  <item>Of imprisoning insolvent Debtors.</item>
                  <item>l. 3. c. 2. r. 7. n. 5. p. 118.</item>
                  <item>Debtors were free from their Credi<g ref="char:EOLhyphen"/>ditors,
if they did <hi>ejurare bonim copiam.</hi>
                  </item>
                  <item>ibid. n. 7. p. 118.</item>
                  <item>The several Laws of the Romans con<g ref="char:EOLhyphen"/>cerning
insolvent Debtors.</item>
                  <item>ibid. n. 5, 6, 7, 8. p. 118.</item>
                  <item>Christian religion takes off all rigid
inflictions from isolvent Debtors.</item>
                  <item>ibid. n. 9. p. 120.</item>
                  <item>Of <hi>Delight</hi> in an evill action when it
is passed. <hi>l.</hi> 1. <hi>c.</hi> 3. <hi>r.</hi> 5. <hi>per tot. p.</hi> 112.</item>
               </list>
               <list>
                  <head>Dice.</head>
                  <item>Whether the Dicemakers trade be
lawfull. <hi>l.</hi> 4. <hi>c.</hi> 1. <hi>r.</hi> 2. <hi>n.</hi> 25. <hi>p.</hi> 468.</item>
                  <item>Whether it be lawfull to play at Dice.</item>
                  <item>ibid. n. 27. p. 469.</item>
                  <item>Those that lost any considerable part
of their estate at Dice the Roman Law
banished. <hi>ibid. n.</hi> 28. <hi>p.</hi> 470.</item>
                  <item>In what instances Dice may be law<g ref="char:EOLhyphen"/>full.
<hi>ibid.</hi>
                  </item>
                  <item>Rules to be used in the managing that
kind of recreation. <hi>ibid. n.</hi> 32. <hi>p.</hi> 473.</item>
                  <item>Vide <hi>Gaming</hi> in the letter G.</item>
                  <item>
                     <gap reason="foreign">
                        <desc>〈 in non-Latin alphabet 〉</desc>
                     </gap>. l. 1. c. 2. r. 3. n. 20. p. 460.</item>
               </list>
               <list>
                  <head>Dispensation.</head>
                  <item>The ground and measure of the Dis<g ref="char:EOLhyphen"/>pensation
of Laws.</item>
                  <item>l. 1. c. 5. r. 8. n. 35. p. 205.</item>
                  <item>God can dispense with the Law of
Nature. <hi>l.</hi> 2. <hi>c.</hi> 1. <hi>r.</hi> 9. <hi>n.</hi> 3. <hi>p.</hi> 264.</item>
                  <item>A Dispensation is not necessary for
Conscience, but for avoiding scandall
or punishment. <hi>l.</hi> 3. <hi>p.</hi> 424.</item>
                  <item>The causes of proper dispensations.</item>
                  <item>ibid. p. 425.</item>
                  <item>He that dispenseth must not injure re<g ref="char:EOLhyphen"/>ligion
nor any right not subject to him.</item>
                  <item>l. 3. p. 425.</item>
                  <item>Every matter from whence the <hi>ratio
Debiti</hi> can be taken, is dispensable.</item>
                  <item>l. 2. c. 1. r. 9. n. 11. p. 268.</item>
                  <item>The Pope hath not power to dispense
with the law of Nature.</item>
                  <item>l. 2. c. 1. r. 10. n. 9. p. 272.</item>
                  <item>No humane power can dispense with
the positive Laws of Jesus Christ.</item>
                  <item>l. 2. c. 3. r. 11. n. 1. p. 440.</item>
                  <item>Dispensation is twofold.</item>
                  <item>ibid. n. 13. p. 445.</item>
                  <item>No man can dispense with those
Laws that follow by immediate conse<g ref="char:EOLhyphen"/>quence
from the positive Laws of
Christ. <hi>ibid. n.</hi> 15. <hi>p.</hi> 446.</item>
                  <item>When any condition intrinsecal to
the duty of an affirmative precept can
neither be had nor supplied, the duty
falls without the need of Dispensation.</item>
                  <item>l. 2. c. 3. r. 11. n. 15. p. 446.</item>
                  <item>A duty whose necessary condition
cannot be supplied is dispensed with
in the nature of the thing, not by any
act of Jurisdiction.</item>
                  <item>l. 2. c. 3. r. 11. n. 15. p. 446.</item>
                  <item>Of the power of Dispensation.</item>
                  <item>l. 3. c. 6. r. 4. n. 1. p. 423.</item>
                  <item>It is twofold, proper and improper.</item>
                  <item>ibid. n. 2, 3. p. 423.</item>
                  <item>Men have made many needless dis<g ref="char:EOLhyphen"/>putes
about the power of Princes in dis<g ref="char:EOLhyphen"/>pensing
with Laws. <hi>ibid. n.</hi> 4. <hi>p.</hi> 424.</item>
                  <item>All <hi>Dissembling</hi> from an evill princi<g ref="char:EOLhyphen"/>ple
and to evill purposes is unlawfull.</item>
                  <item>l. 3. c. 2. r. 5. n. 44. p. 104.</item>
               </list>
               <list>
                  <head>Divine.</head>
                  <item>When the authority of Divines is to
be followed. <hi>l.</hi> 1. <hi>c.</hi> 4. <hi>r.</hi> 10. <hi>n.</hi> 5. <hi>p.</hi> 165.</item>
                  <item>
                     <pb n="537" facs="tcp:58903:579"/>
The Antients sometimes affirm a
thing is of Divine right, if they have
in Scripture but an authentic example.</item>
                  <item>l. 3. c. 4. r. 13. n. 8. p. 275.</item>
               </list>
               <list>
                  <head>Divorce.</head>
                  <item>It was the opinion of S. <hi>Hierome</hi> and
some others, that it was not lawfull for
the Husband or wife to live with her or
him that was notoriously guilty of adul<g ref="char:EOLhyphen"/>tery.
<hi>l.</hi> 1. <hi>c.</hi> 5. <hi>r.</hi> 8. <hi>n.</hi> 7. <hi>p.</hi> 191.</item>
               </list>
               <list>
                  <head>Duty.</head>
                  <item>Concerning the supply of Duty.</item>
                  <item>l. 2. c. 3. r. 11. n. 17. p. 447.</item>
                  <item>The external actions of a Duty are
determined by something without, and
things which are not in our power, and
sometimes by our own will.</item>
                  <item>l. 2. c. 3. r. 16. n. 4. p. 522.</item>
                  <item>In what manner an intrinsecal condi<g ref="char:EOLhyphen"/>tion
being wanting, the Duty is released.</item>
                  <item>l. 2. c. 3. r. 11. n. 15. p. 446.</item>
                  <item>No man is to answer for an accidental
evil effect, that is consequent to his
duty. <hi>l.</hi> 3. <hi>c.</hi> 2. <hi>r.</hi> 1. <hi>n.</hi> 6. <hi>p.</hi> 55.</item>
                  <item>That which is necessary to be done is
not against any mans duty. <hi>ib. n.</hi> 10. <hi>p.</hi> 56.</item>
                  <item>The Distinction of <gap reason="foreign">
                        <desc>〈 in non-Latin alphabet 〉</desc>
                     </gap> and <gap reason="foreign">
                        <desc>〈 in non-Latin alphabet 〉</desc>
                     </gap>
                  </item>
                  <item>l. 2. c. 2. r. 6. n. 27, 28. p. 342.</item>
               </list>
               <list>
                  <head>Doubt.</head>
                  <item>A negative doubt what it is.</item>
                  <item>l. 1. c. 5. r. 1. n. 5. p. 175.</item>
                  <item>a negative doubt binds not to action.</item>
                  <item>l. 1. c. 5. r. 2. n. 1. p. 176.</item>
                  <item>what is a privative Doubt.</item>
                  <item>ibid. n. 7. p. 177.</item>
                  <item>Against a doubting Conscience a man
may not act, but against a scrupulous he
may. <hi>l.</hi> 1. <hi>c.</hi> 6. <hi>r.</hi> 2. <hi>n.</hi> 2. <hi>p.</hi> 211.</item>
                  <item>In all matters of doubt when the
Case on either hand is equall, so that the
Conscientia cannot determine, there the
Examples of good men are of great use
to determine it. <hi>l.</hi> 2. <hi>c.</hi> 2. <hi>r.</hi> 7. <hi>n.</hi> 43. <hi>p.</hi> 387.</item>
                  <item>The <hi>Doctors</hi> of the Church cannot
give sufficient authority to a tradition.</item>
                  <item>l. 2. c. 3. r. 14. n. 41. p. 499.</item>
                  <item>
                     <hi>Concerning</hi> Durandus <hi>his distincti<g ref="char:EOLhyphen"/>on,</hi>
Ligat Conscientia Erronea, sed non
obligat. l. 1. c. 3. r. 2. n. 26. p. 107.</item>
               </list>
               <list>
                  <head>Duell.</head>
                  <item>Of the way of proving ones inno<g ref="char:EOLhyphen"/>cence
by Duell. <hi>l.</hi> 3. <hi>c.</hi> 2. <hi>r.</hi> 6. <hi>n.</hi> 12. <hi>p.</hi> 112.</item>
                  <item>In what cases judicial Duells are law<g ref="char:EOLhyphen"/>full.
<hi>ibid.</hi> n. 13. <hi>p.</hi> 113.</item>
               </list>
               <list>
                  <head>Drunkenness.</head>
                  <item>Of those that permit it in their hou<g ref="char:EOLhyphen"/>ses
at feasts. <hi>l.</hi> 4. <hi>c.</hi> 1. <hi>n.</hi> 21. <hi>p.</hi> 465.</item>
                  <item>Whether and in what manner it may
lessen a Crime. <hi>l.</hi> 4. <hi>c.</hi> 1. <hi>r.</hi> 6. <hi>n.</hi> 14. <hi>p.</hi> 506.</item>
                  <item>Of the Crimes done in drunken dis<g ref="char:EOLhyphen"/>tempers.
<hi>ibid. n.</hi> 10. <hi>p.</hi> 505.</item>
                  <item>What difference there is in the obliga<g ref="char:EOLhyphen"/>tion
of a Law of Christ in respect of
the outward and inward action.</item>
                  <item>l. 2. c. 3. r. 16. n. 4. p. 522.</item>
               </list>
            </div>
            <div n="E" type="part">
               <head>E.</head>
               <list>
                  <head>Easter.</head>
                  <item>EAster was not instituted by com<g ref="char:EOLhyphen"/>mand
of the Apostles.</item>
                  <item>l. 3. c. 4. r. 13. n. 13. p. 278.</item>
                  <item>It is no dishonour to that feast, to af<g ref="char:EOLhyphen"/>firm
the Apostles did not intend to make
laws concerning it.</item>
                  <item>l. 3. c. 4. <gap reason="illegible" resp="#TECH" extent="1 letter">
                        <desc>•</desc>
                     </gap>. 13. n. 13. p. 279.</item>
                  <item>Easter festival was in use, though not
commanded in the Apostles time. <hi>ibid.</hi>
                  </item>
                  <item>The measures of <hi>Eating</hi> and drink<g ref="char:EOLhyphen"/>ing.
<hi>l.</hi> 4. <hi>c.</hi> 2. <hi>r.</hi> 2. <hi>n.</hi> 2.</item>
               </list>
               <list>
                  <head>Ecclesiastics.</head>
                  <item>Rules concerning the residency of
Ecclesiastics or their translation.</item>
                  <item>l. 1. c. 2. r. 5. n. 22. p. 69.</item>
                  <item>A Decretal of Pope <hi>Evatristus</hi> concer<g ref="char:EOLhyphen"/>ning
Ecclesiastics leaving their Chur<g ref="char:EOLhyphen"/>ches,
dissallowing it upon any pretence.</item>
                  <item>ibid. n. 23. p. 69.</item>
                  <item>An act of the Nicene Creed concer<g ref="char:EOLhyphen"/>ning
the same, out of S. <hi>Hierome. ibid.</hi>
                  </item>
                  <item>An explication of the Decretal of
<hi>Evatristus. ibid. n.</hi> 24.</item>
                  <item>An explication of the allegation, out
of S. <hi>Hierome. ibid. n.</hi> 25. <hi>p.</hi> 71.</item>
                  <item>Some instances of Kings and Priests
driven from their thrones by an exorbi<g ref="char:EOLhyphen"/>tant
Ecclesiastical power.</item>
                  <item>l. 3. c. 3. r. 4. n. 11. p. 166.</item>
                  <item>Ecclesiastical power differs much from
the Civil. <hi>l.</hi> 3. <hi>c.</hi> 3. <hi>r.</hi> 4. <hi>n.</hi> 19. <hi>p.</hi> 171.</item>
                  <item>Divers Ecclesiastical Laws made by
Emperours. <hi>l.</hi> 3. <hi>c.</hi> 3. <hi>r.</hi> 5. <hi>n.</hi> 5. <hi>p.</hi> 175.</item>
                  <item>
                     <hi>Baronius</hi> answered, who affirms,
those Ecclesiastical Laws made by Em<g ref="char:EOLhyphen"/>perours
were unjust.</item>
                  <item>l. 3. c. 3. r. 5. n. 7. p. 176.</item>
                  <item>
                     <hi>Donatus</hi> said, What hath the Empe<g ref="char:EOLhyphen"/>rour
to doe with the Church?</item>
                  <item>l. 3. c. 3. r. 5. n. 6. p. 176.</item>
                  <item>S. <hi>Chrysostome</hi> teaches that an Ecclesi<g ref="char:EOLhyphen"/>astical
person though an Apostle must
be subject to the civil power.</item>
                  <item>l. 3. c. 3. r. 6. n. 1. p. 178.</item>
                  <item>Instances to prove that the civil
power hath a power of coercion over
Ecclesiastics. <hi>ibid. n.</hi> 3. <hi>p.</hi> 179.</item>
                  <item>Wherein consists the honour of an
Ecclesiastic. <hi>l.</hi> 3. <hi>c.</hi> 3. <hi>r.</hi> 6. <hi>n.</hi> 18. <hi>p.</hi> 187.</item>
                  <item>Ecclesiastics have not a temporal
power in order to a spiritual end.</item>
                  <item>l. 3. c. 3. r. 7. n. 2. p. 200.</item>
                  <item>
                     <hi>That saying.</hi> Ecclesia est in republica,
non Respublica in Ecclesia, <hi>explained.</hi>
                  </item>
                  <item>ibid. n. 8. p. 203.</item>
                  <item>The distinct parts and measures of
the Ecclesiastical and Civil power.</item>
                  <item>l. 3. c. 4. r. 5. n. 3. p. 235.</item>
                  <item>the difference of the Ecclesiastical
from the Civil power.</item>
                  <item>l. 3. c. 4. r. 9. n. 1. p. 255.</item>
                  <item>See more in C. word Church.</item>
                  <item>Of the Hebrews lying to <hi>Egypti<g ref="char:EOLhyphen"/>ans.
l.</hi> 3. <hi>c.</hi> 2. <hi>r.</hi> 5. <hi>n.</hi> 7. <hi>p.</hi> 84.</item>
                  <item>The Council of <hi>Eliberis</hi> decreed a<g ref="char:EOLhyphen"/>gainst
pictures in Churches.</item>
                  <item>l. 2. c. 2. r. 6. n. 35. p. 350.</item>
               </list>
               <list>
                  <head>Emperour.</head>
                  <item>they made divers Ecclesiastical Laws.</item>
                  <item>l. 3. c. 3. r. 5. n. 5. p. 175.</item>
                  <item>
                     <hi>Honorius</hi> the Emperour made a Law
concerning the election of the Pope.</item>
                  <item>l. 3. c. 3. r. 5. n. 5. p. 176.</item>
                  <item>
                     <hi>Donatus</hi> said, What hath the Empe<g ref="char:EOLhyphen"/>rour
to doe with the Church?</item>
                  <item>ibid. n. 6. p. 176.</item>
                  <item>
                     <hi>Boronius</hi> affirms those Ecclesiastical
Laws were unjust that the Emperour
made, an answer to it. <hi>ibid. n.</hi> 7. <hi>p.</hi> 176.</item>
                  <item>Pope <hi>Gregory</hi> the Great submitted to
<hi>Mauritius</hi> the Emperour in an Ecclesi<g ref="char:EOLhyphen"/>astical
Law. <hi>l.</hi> 3. <hi>c.</hi> 3. <hi>r.</hi> 5. <hi>n.</hi> 7. <hi>p.</hi> 176.</item>
                  <item>
                     <hi>Eusebius</hi> Bishop of Samosata yielded
to be banished by the Emperour, though
the people offered to defend him.</item>
                  <item>l. 3. c. 3. r. 6. n. 2. p. 178.</item>
                  <item>The Archimandrites of Constanti<g ref="char:EOLhyphen"/>nople
writing to the Pope, mentioned
the Emperour as head of the Church.</item>
                  <item>ibid. n. 19. p. 189.</item>
                  <item>The Emperour hath power over
Bishops. <hi>ibid. n.</hi> 21. <hi>p.</hi> 190.</item>
                  <item>Emperour is to be obeyed against the
will of the Bishop. <hi>ibid. n.</hi> 22. <hi>p.</hi> 191.</item>
                  <item>He is to be obeyed against the will of
the Bishop in actions that by empire are
changed into good or bad respectively.</item>
                  <item>ibid. n. 23. p. 191.</item>
                  <item>The Bishops of Rome destroyed the
Roman Empire. l. 3. c. 3. r. 7. n. 4. p. 201.</item>
                  <item>The first Councils were called by the
Emperours. <hi>ibid. n.</hi> 10. <hi>p.</hi> 204.</item>
                  <item>He had the primacy in eight General
Councils. <hi>ibid. n.</hi> 10. <hi>p.</hi> 204.</item>
                  <item>The Emperours did dismiss the Coun<g ref="char:EOLhyphen"/>cils.
<hi>l.</hi> 3. <hi>c.</hi> 3. <hi>r.</hi> 7. <hi>n.</hi> 11. <hi>p.</hi> 205.</item>
                  <item>S. <hi>Hierome</hi> disputing against <hi>Ruffinus,</hi>
disproves a certain Synod, because <hi>Ruffi<g ref="char:EOLhyphen"/>nus</hi>
could not shew what Emperour cal<g ref="char:EOLhyphen"/>led
it. <hi>ibid. n.</hi> 11. <hi>p.</hi> 205.</item>
                  <item>Decrees made by the Emperours con<g ref="char:EOLhyphen"/>cerning
matters of Faith.</item>
                  <item>ibid. n. 13, 14. p. 206.</item>
                  <item>Empire is included in Jurisdiction.</item>
                  <item>l. 3. c. 4. r. 1. n. 5. p. 212.</item>
                  <item>There is no Empire in preaching.</item>
                  <item>ibid. n. 12. p. 217.</item>
                  <item>Never any Canons of the primi<g ref="char:EOLhyphen"/>tive
Church did oblige the people, un<g ref="char:EOLhyphen"/>less
established by the Emperour.</item>
                  <item>l. 3. c. 4. r. 5. n. 4. p. 236.</item>
                  <item>Of. S. <hi>Ambrose</hi> excommunicating
<hi>Theodosius: Babylas</hi> excommunicating
the Emperour <hi>Decius: Athanasius,</hi> the
Prefect of <hi>Lybia: Chrysostome,</hi> the Em<g ref="char:EOLhyphen"/>press
<hi>Eudoxia. l.</hi> 3. <hi>c.</hi> 4. <hi>r.</hi> 7. <hi>n.</hi> 8, 9. <hi>p.</hi> 242.</item>
                  <item>See more in the title <hi>King</hi> &amp; <hi>Prince,</hi> &amp;c.</item>
                  <item>
                     <hi>Hildebrand</hi> did ill to excommunicate
the Emperour <hi>Henry.</hi>
                  </item>
                  <item>l. 3. c. 4. r. 10. n. 12. p. 264.</item>
                  <item>
                     <pb n="538" facs="tcp:58903:580"/>
Of <hi>Elias</hi> his sacrificing to Baal.</item>
                  <item>l. 1. c. 5. r. 8. n. 28. p. 200.</item>
                  <item>&amp; n. 37. p. 205.</item>
               </list>
               <list>
                  <head>End.</head>
                  <item>An action receives the denomination
of good or bad from the end.</item>
                  <item>l. 4. c. 1. r. 1. n. 1.</item>
                  <item>How the Glory of God is to be re<g ref="char:EOLhyphen"/>conciled
with those other lower ends
which we set for our actions.</item>
                  <item>l. 4. c. 2. r. 2. n. 1.</item>
                  <item>How temporal ends are to be subordi<g ref="char:EOLhyphen"/>nate
to spiritual. <hi>ibid. n.</hi> 2.</item>
                  <item>Temporal ends must not fill our af<g ref="char:EOLhyphen"/>fections
&amp; keep out better things. <hi>ib. n.</hi> 2.</item>
                  <item>We may serve inferiour ends so they
carry us not beyond due measures. <hi>ib. n.</hi> 3.</item>
                  <item>All temporal ends must be less princi<g ref="char:EOLhyphen"/>pal
and subordinate to religion. <hi>ib. n.</hi> 4.</item>
                  <item>Fines mandati sunt diligenter custo<g ref="char:EOLhyphen"/>diendi.
l. 4. c. 2. r. 3. n. 4.</item>
               </list>
               <list>
                  <head>England.</head>
                  <item>There is not article in the faith of the
Church of England, but is possible to
be effected by the ordinary power of
God. <hi>l.</hi> 1. <hi>c.</hi> 2. <hi>r.</hi> 3. <hi>n.</hi> 50. <hi>p.</hi> 56.</item>
                  <item>In England no Council is of autho<g ref="char:EOLhyphen"/>rity
but the first four general Councils.</item>
                  <item>l. 3. c. 4. r. 14. n. 2. p. 283.</item>
                  <item>The Church of England retains in
all her Offices but one ceremony, that
is not of divine institution or Apostoli<g ref="char:EOLhyphen"/>cal.</item>
                  <item>l. 3. c. 4. r. 20. r. 8. p. 327.</item>
                  <item>The reformation made in England
by Henry the eighth was never the worse
because he proposed to himself (possibly)
an evil end. <hi>l.</hi> 3. <hi>c.</hi> 1. <hi>r.</hi> 3. <hi>n.</hi> 5. <hi>p.</hi> 33.</item>
                  <item>
                     <gap reason="foreign">
                        <desc>〈 in non-Latin alphabet 〉</desc>
                     </gap>. l. 2. c. 2. r. 3. n. 53. p. 307, 317.</item>
               </list>
               <list>
                  <head>Equity.</head>
                  <item>Of Equity in interpreting penal
Laws. <hi>l.</hi> 3. <hi>c.</hi> 6. <hi>r.</hi> 1. <hi>r.</hi> 2. <hi>p.</hi> 399.</item>
                  <item>Of Equity in punishments.</item>
                  <item>l. 3. c. 6. r. 1. n. 16. p. 405.</item>
                  <item>it is to be practised for the ends of
charity and justice, not oppression.</item>
                  <item>ibid. r. 2. n. 4. p. 408.</item>
                  <item>
                     <gap reason="foreign">
                        <desc>〈 in non-Latin alphabet 〉</desc>
                     </gap>. l. 2. c. 3. r. 13. n. 9. p. 458.</item>
               </list>
               <list>
                  <head>Errour.</head>
                  <item>The causes of it.</item>
                  <item>l. 1. c. 3. r. <gap reason="illegible" resp="#TECH" extent="1 letter">
                        <desc>•</desc>
                     </gap>. n. 2, 3. p. 100.</item>
                  <item>The measures of obedience due to
an erring Conscience.</item>
                  <item>l. 1. c. 3. r. 2. n. 28. p. 107.</item>
                  <item>If the thing which it commands be
indifferent we may follow it without sin.</item>
                  <item>ibid.</item>
                  <item>If an Erring Conscience dictate a
thing to be good, which is not good, not
to follow that dictate and not to doe that
thing is no sin. <hi>ibid. n.</hi> 29. <hi>p.</hi> 108.</item>
                  <item>If an Erring Conscience affirm that
which is good or indifferent to be evil,
it is no sin to omit that action.</item>
                  <item>ibid. n. 30. p. 108.</item>
                  <item>If an Erring Conscience say that
such an action is lawfull only, when of it
self it is good, we sin not whether we doe
it or not doe it. <hi>ibid. n.</hi> 31. <hi>p.</hi> 108.</item>
                  <item>If an Erring Conscience commands
what is simply evil, or forbids that
which is absolutely commanded, the man
sins whether he obeys or obeys not.</item>
                  <item>ibid. n. 32.</item>
                  <item>How the Error of an abused Consci<g ref="char:EOLhyphen"/>ence
must be removed.</item>
                  <item>l. 1. c. 3. r. 7. p. 116.</item>
               </list>
               <list>
                  <head>Example.</head>
                  <item>An Example out of the Old Testa<g ref="char:EOLhyphen"/>ment
is not in all things sufficient war<g ref="char:EOLhyphen"/>rant
for us. <hi>l.</hi> 2. <hi>c.</hi> 2. <hi>r.</hi> 7. <hi>n.</hi> 26. <hi>p.</hi> 380.</item>
                  <item>The actions of good men in Scrip<g ref="char:EOLhyphen"/>ture
are not a competent warrant for
our imitation, not only when they are re<g ref="char:EOLhyphen"/>proved,
but even when they are set down
without a censure. <hi>ibid. n.</hi> 27. <hi>p.</hi> 380.</item>
                  <item>The actions of men in the Old Te<g ref="char:EOLhyphen"/>stament
though attested and brought to
effect by the providence of God, are not
to be made examples alwaies by us.</item>
                  <item>l. 2. c. 2. r. 7. n. 28. p. 381, &amp; p. 557.</item>
                  <item>Examples in matters of war are ever
most dangerous precedents.</item>
                  <item>ibid. n. 31. p. 382.</item>
                  <item>A Law being changed, Examples
which were never given in proportion to that
Law are not to be imitated.</item>
                  <item>ibid. n. 32. p. 382.</item>
                  <item>Examples are instead of a Rule,
when there is none. <hi>ibid. n.</hi> 40. <hi>p.</hi> 386.</item>
                  <item>The greatest use of Examples is in
the interpretation of Laws, when the
letter is equivocal or the Example doubt<g ref="char:EOLhyphen"/>full.</item>
                  <item>l. 2. c. 2. r. 7. n. 44. p. 387.</item>
                  <item>what Examples may be safely follow<g ref="char:EOLhyphen"/>ed.
<hi>ibid. n.</hi> 47. <hi>p.</hi> 387.</item>
                  <item>That Example is safe, where we find
upon the Action the marke of Gods
blessing. <hi>ibid. n.</hi> 48. <hi>p.</hi> 387.</item>
                  <item>In all matters of doubt, when the
case on either hand is equal, so that the
Conscience cannot determine, there the
Examples of good men are of great use
to determine it. <hi>ibid. n.</hi> 43. <hi>p.</hi> 386.</item>
               </list>
               <list>
                  <head>Evil.</head>
                  <item>Instances of holy and great men that
have done evil to the end that good might
come of it. <hi>l.</hi> 1. <hi>c.</hi> 5. <hi>r.</hi> 8. <hi>n.</hi> 28. <hi>p.</hi> 200.</item>
                  <item>When the Evils are subordinate and
relative, the less may be done to prevent
the greater. <hi>l.</hi> 1. <hi>c.</hi> 5. <hi>r.</hi> 8. <hi>n.</hi> 33. <hi>p.</hi> 203.</item>
                  <item>the natures, causes and measures of
Evil. <hi>l.</hi> 1. <hi>c.</hi> 5. <hi>r.</hi> 8. <hi>n.</hi> 34. <hi>p.</hi> 204.</item>
                  <item>He that makes use of a material part
of a sin already prepared, to which he
gives no consent, and which he cannot
help, does not evil for a good end.</item>
                  <item>l. 1. c. 5. r. 8. n. 37. p. 205.</item>
                  <item>It is falsely said by some, that some
things are by God forbidden, because
they were before that act of God's un<g ref="char:EOLhyphen"/>lawful.</item>
                  <item>l. 2. c. 1. r. 1. n. 58. p. 242.</item>
                  <item>of toleration of Evil.</item>
                  <item>l. 2. c. 2. r. 7. n. 11, 12. p. 376.</item>
                  <item>To have a power of chusing Evil is
an imperfection and infelicity.</item>
                  <item>l. 4. c. 1. r. 1. n. 5. p. 441.</item>
                  <item>He does not eschue Evil that does
not doe it, but he that chuseth not to doe
it. <hi>l.</hi> 4. <hi>c.</hi> 1. <hi>r.</hi> 1. <hi>n.</hi> 16. <hi>p.</hi> 445.</item>
               </list>
               <list>
                  <head>Everlasting.</head>
                  <item>That word among the Jews does not
alwaies fignifie eternal.</item>
                  <item>l. 2. c. 2. r. 1. n. 11. p. 279.</item>
               </list>
               <list>
                  <head>Executioner.</head>
                  <item>An Executioner is not to refuse to doe
his office, if he know the prisoner un<g ref="char:EOLhyphen"/>justly
condemned.</item>
                  <item>l. 1. c. 2. r. 8. n. 25. p. 91. &amp; p. 82. n. 7.</item>
                  <item>In what case the Criminal is to be
Executioner against himself.</item>
                  <item>l. 3. c. 2. r. 2. p. 63.</item>
                  <item>
                     <hi>Exceptio</hi> 
                     <gap reason="illegible" resp="#TECH" extent="1 letter">
                        <desc>•</desc>
                     </gap>irmat regulam in non ex<g ref="char:EOLhyphen"/>ceptis.
<hi>l.</hi> 2. <hi>c.</hi> 2. <hi>r.</hi> 6. <hi>n.</hi> 31. <hi>p.</hi> 346.</item>
                  <item>Concerning the <hi>Excellency</hi> of things,
and how to be estimated.</item>
                  <item>l. 3. c. 3. r. 6. n. 7. p. 181.</item>
                  <item>
                     <hi>Excess,</hi> reasons against it.</item>
                  <item>l. 3. c. 2. r. 9. p. 127.</item>
               </list>
               <list>
                  <head>Excommunication.</head>
                  <item>Concerning it. l. 3. c. 1. r. 1. n. 19. p. 14.
&amp; l. 3. c. 2. r. 2. n. 14, 15, 16. p. 63.</item>
                  <item>what are the effects of it.</item>
                  <item>l. 3. c. 4. r. 1. n. 15, 16. p. 219.</item>
                  <item>See the title <hi>Keys,</hi> in K.</item>
                  <item>A King cannot be excommunicated.</item>
                  <item>l. 3. c. 4. r. 7. n. 4, 5. p. 241.</item>
                  <item>the Primitive Bishops never durst
think of Excommunicating Kings.</item>
                  <item>l. 3. c. 4. r. 7. n. 7. p. 242.</item>
                  <item>Of S. Ambrose Excommunicating
Theodosius: Babylas, the Emperour
Decius: Athanasius, the Prefect of Ly<g ref="char:EOLhyphen"/>bia:
Chrysostome, the Emperess Eu<g ref="char:EOLhyphen"/>doxia,
<hi>&amp;c. l.</hi> 3. <hi>c.</hi> 4. r. 7. n. 8, 9. p. 242.</item>
                  <item>but the Church may deny the Sacra<g ref="char:EOLhyphen"/>ment
to evil Princes. <hi>ibid. n.</hi> 10. <hi>p.</hi> 243.</item>
                  <item>Excommunication the greater and the
lesser. <hi>ibid. r.</hi> 8. <hi>n.</hi> 1. <hi>p.</hi> 247.</item>
                  <item>Excommunication improperly so
called, when we refuse to communicate
with one that is not excommunicated.</item>
                  <item>ibid. n. 3. p. 248.</item>
                  <item>this is not warrantable. <hi>ib. n.</hi> 4.</item>
                  <item>Neither the People or King are to be
excommunicated. <hi>ib. n.</hi> 7. <hi>p.</hi> 250.</item>
                  <item>In what cases it is lawfull for the peo<g ref="char:EOLhyphen"/>ple
to separate from their Bishops or
Priests. <hi>l.</hi> 3. <hi>c.</hi> 4. <hi>r.</hi> 8. <hi>n.</hi> 9. <hi>p.</hi> 250.</item>
                  <item>of the lesser Excommunication.</item>
                  <item>ibid. n. 12. p. 251.</item>
                  <item>The Bishop cannot Excommunicate
any of the Princes servants without his
leave. <hi>ibid. n.</hi> 14. <hi>p.</hi> 252.</item>
                  <item>In the lesser Excommunication the
internal and spiritual part depends not
upon the Princes consent, but the exter<g ref="char:EOLhyphen"/>nal
does. <hi>ibid.</hi>
                  </item>
                  <item>of the greater Excommunication.</item>
                  <item>l. 3. c. 4. r. 8. n. 18. p. 254.</item>
                  <item>
                     <pb n="539" facs="tcp:58903:580"/>
The Bishop in inflicting the greater
Excommunication depends not upon the
Civil power. <hi>ibid. n.</hi> 18. <hi>p.</hi> 254.</item>
                  <item>The reason why the Bishop depends
upon the consent of the Civil power in
the exercise of the lesser Excommunica<g ref="char:EOLhyphen"/>tion
&amp; not of the greater <hi>ib. n.</hi> 19. <hi>p.</hi> 254.</item>
                  <item>Excommunication for an unjust cause
binds not. <hi>l.</hi> 3. <hi>c.</hi> 4. <hi>r.</hi> 9. <hi>n.</hi> 2. <hi>p.</hi> 256.</item>
                  <item>for a light cause binds before men but
not before God. <hi>ibid. n.</hi> 3. <hi>p.</hi> 256.</item>
                  <item>In what cases Excommunication may
be inflicted. <hi>l.</hi> 3. <hi>c.</hi> 4. <hi>r.</hi> 9. <hi>n.</hi> 6. <hi>p.</hi> 257.</item>
                  <item>It should be the last remedy.</item>
                  <item>l. 3. c. 4. r. 9. n. 7. p. 258.</item>
                  <item>Unlawfull to Excommunicate any
man for not paying the fees of Courts.</item>
                  <item>ibid. n. 9. p. 258.</item>
                  <item>Spiritual censures must not be inflicted
for temporal causes. <hi>ibid. n.</hi> 10. <hi>p.</hi> 259.</item>
                  <item>Excommunication <hi>ipso facto</hi> in a
Law is not to be understood of the grea<g ref="char:EOLhyphen"/>ter
Excommunication.</item>
                  <item>ibid. n. 11. p. 259. n. 13. p. 260.</item>
                  <item>We may not communicate with those
that are justly Excommunicated.</item>
                  <item>l. 3. c. 4. r. 10. p. 261.</item>
                  <item>When the Church excommunicates
those that communicate with the excom<g ref="char:EOLhyphen"/>municated,
she only inflicts the lesser
Excommunication, and binds only ex<g ref="char:EOLhyphen"/>ternally.
<hi>l.</hi> 3. <hi>c.</hi> 4. <hi>r.</hi> 10. <hi>n.</hi> 4. <hi>p.</hi> 261.</item>
                  <item>The Church by Excommunication
intends not to forbid any such enter<g ref="char:EOLhyphen"/>course
or communion to which we stand
preoblig'd by the Law of Nature, God,
or the supreme Civil power.</item>
                  <item>l. 3. c. 4. r. 10. n. 5. p. 262.</item>
                  <item>We may lawfully converse with an
Excommunicate person. <hi>ib. n.</hi> 7. <hi>p.</hi> 263.</item>
                  <item>To what restraint of conversation
Excommunication does oblige.</item>
                  <item>ibid. n. 9. p. 263.</item>
                  <item>What usage Excommunicated persons
are to have from us. <hi>ibid. n.</hi> 10. <hi>p.</hi> 264.</item>
                  <item>What is the design of the Church
when she inflicts censures on those that
communicate with the excommunicated.</item>
                  <item>ibid. n. 12. p. 264.</item>
                  <item>Hildebrand did ill to Excommuni<g ref="char:EOLhyphen"/>cate
the Emperour Henry and his Sub<g ref="char:EOLhyphen"/>jects.
<hi>ibid.</hi>
                  </item>
                  <item>It is dangerous to communicate with
those that are Excommunicated.</item>
                  <item>ibid. n. 13. p. 265.</item>
               </list>
            </div>
            <div n="F" type="part">
               <head>F.</head>
               <list>
                  <item>OF <hi>Fables</hi> and fictions, whether
lawfull. <hi>l.</hi> 3. <hi>c.</hi> 2. <hi>r.</hi> 5. <hi>n.</hi> 19. <hi>p.</hi> 94.</item>
               </list>
               <list>
                  <head>Fast.</head>
                  <item>In the first ages of the Christian Church
they kept their Fasts with liberty.</item>
                  <item>l. 3. c. 4. r. 13. n. 15. p. 280.</item>
                  <item>Fasts observed by the Ancients were
divers. <hi>l.</hi> 3. <hi>c.</hi> 4. <hi>r.</hi> 13. <hi>n.</hi> 17. <hi>p.</hi> 281.</item>
                  <item>Concerning the weekly Fasts, Satur<g ref="char:EOLhyphen"/>day
and Friday. <hi>ibid. n.</hi> 23. <hi>p.</hi> 284.</item>
                  <item>The Rogation Fast and <hi>Ember-week.</hi>
                  </item>
                  <item>ibid. n. 23. p. 284. &amp; ibid. r. 15.
n. 11. p. 294.</item>
                  <item>Fasting, of its necessity and abuse.</item>
                  <item>l. 3. c. 4. r. 17. n. 18. p. 307.</item>
                  <item>It is not to be offered to God for good
works, but with them. <hi>ibid.</hi>
                  </item>
                  <item>The Roman Fasts superstitious.</item>
                  <item>ibid. n. 19. p. 308.</item>
                  <item>The niceties of the Roman Church
about Fasting. <hi>l.</hi> 3. <hi>c.</hi> 4. <hi>r.</hi> 17. <hi>n.</hi> 21. <hi>p.</hi> 310.</item>
                  <item>In what cases, and what person are
tyed to the observation of Ecclesiastical
Fasts. <hi>l.</hi> 3. <hi>c.</hi> 4. <hi>r.</hi> 19. <hi>n.</hi> 4. <hi>p.</hi> 317.</item>
                  <item>The sick and weak are exempted from
the Laws of Fasting. <hi>ibid. n.</hi> 5. <hi>p.</hi> 317.</item>
                  <item>Laws of Fasting are sparingly to be
impos'd. <hi>ibid. n.</hi> 7. <hi>p.</hi> 318. <hi>&amp;</hi> 322.</item>
                  <item>Needless scruples about fasting.</item>
                  <item>ibid. n. 8. p. 318, 319.</item>
                  <item>The usefulness of Fasting.</item>
                  <item>ibid. n. 9. p. 321.</item>
                  <item>The Canon Law forbids a fast of
two or three days, or that is beyond our
strength. <hi>ibid.</hi>
                  </item>
                  <item>Little use of the Flesh Fast.</item>
                  <item>ibid. n. 10. p. 322.</item>
                  <item>Fish as delicious and luxurious as
flesh. <hi>ibid.</hi>
                  </item>
                  <item>Fasts of many days continuance ought
not to be imposed severely.</item>
                  <item>l. 3. c. 4. r. 19. n. 12. p. 322.</item>
                  <item>Unless it be by the Civil power.</item>
                  <item>ibid. n. 13. p. 323.</item>
                  <item>Too much abstinence in Fasting
brings sometimes madness.</item>
                  <item>l. 3. c. 4. r. 20. n. 17. p. 336.</item>
                  <item>Of Fasting.</item>
                  <item>l. 2. c. 3. r. 14. n. 55. p. 505. &amp; l. 2.
c. 3. r. 8. n. 1, 2. &amp;c. p. 417.</item>
                  <item>Reasons proving it to be a duty.</item>
                  <item>l. 2. c. 3. r. 8. n. 3. p. 418.</item>
                  <item>Of the manner of its obligation dif<g ref="char:EOLhyphen"/>ferent
from other duties.</item>
                  <item>l. 2. c. 3. r. 8. n. 6. p. 419.</item>
                  <item>The words of S. Chrysostome concer<g ref="char:EOLhyphen"/>ning
Fasting explained.</item>
                  <item>l. 3. c. 1. r. 1. n. 18. p. 13.</item>
                  <item>Words of S. Basil concerning Fast<g ref="char:EOLhyphen"/>ing
explained. <hi>ibid.</hi>
                  </item>
                  <item>The Ecclesiastical Laws concerning
Fasting do not oblige in case of sickness
or the like. <hi>l.</hi> 3. <hi>c.</hi> 1. <hi>r.</hi> 2. <hi>n.</hi> 8. <hi>p.</hi> 28.</item>
                  <item>The Primitive Church did appoint
Fasting days. <hi>l.</hi> 3. <hi>c.</hi> 4. <hi>r.</hi> 4. <hi>n.</hi> 3. <hi>p.</hi> 226.</item>
                  <item>Of the Fast of Lent and the weekly
Fasting days. <hi>l.</hi> 3. <hi>c.</hi> 4. <hi>r.</hi> 13. <hi>n.</hi> 4. <hi>p.</hi> 273.</item>
                  <item>Testimonies of the Fathers shewing
that the Church had no Fasts but volun<g ref="char:EOLhyphen"/>tary.
<hi>ibid. n.</hi> 9. <hi>p.</hi> 276, 278.</item>
                  <item>Of breaking Fasting days.</item>
                  <item>l. 3. c. 1. r. 1. n. 18. p. 13.
&amp; ibid. n. 29. p. 20.</item>
               </list>
               <list>
                  <head>Faith.</head>
                  <item>It is not lawfull to declare those things
that are proved out of Scripture by pro<g ref="char:EOLhyphen"/>bable
arguments to be articles of Faith.</item>
                  <item>l. 3. c. 4. r. 17. n. 10, 11, 12. p. 305.</item>
                  <item>The Catholic Church in matters of
Faith is a Witness, not a Judge.</item>
                  <item>l. 3. c. 4. r. 21. n. 1. p. 356.</item>
                  <item>Religion and Faith are not within the
power of a Father.</item>
                  <item>l. 3. c. 5. r. 4. n. 1. p. 369.</item>
                  <item>The Jews believed God would not
punish the sin of the thoughts, unless
it were against the Faith.</item>
                  <item>l. 4. c. 1. r. 5. n. 18. p. 500.</item>
                  <item>Faith and reason are not opposite.</item>
                  <item>l. 1. c. 2. r. 3. n. 20. p. 46.</item>
                  <item>What Faith is. <hi>ibid.</hi>
                  </item>
                  <item>Faith is in other Sciences besides The<g ref="char:EOLhyphen"/>ologie.
<hi>ibid. n.</hi> 21.</item>
                  <item>Faith it self is an act of reason.</item>
                  <item>ibid. n. 24. p. 47.</item>
                  <item>What, Faith infused by God, is.</item>
                  <item>ibid. n. 25. p. 48.</item>
                  <item>How Faith and Reason serve one a<g ref="char:EOLhyphen"/>nother.
<hi>l.</hi> 1. <hi>c.</hi> 2. <hi>r.</hi> 3. <hi>n.</hi> 52. <hi>p.</hi> 57.</item>
                  <item>The foundation of Faith laid by
Christ and his Apostles is plain and ea<g ref="char:EOLhyphen"/>sie
and hath but a few articles.</item>
                  <item>l. 2. c. 3. r. 14. n. 64. p. 509.</item>
                  <item>The Symbols of Faith in the New
Testament are short.</item>
                  <item>l. 2. c. 3. r. 14. n. 65. p. 510.</item>
                  <item>The Apostles baptiz'd Proselytes up<g ref="char:EOLhyphen"/>on
the confession of a very few Articles.</item>
                  <item>ibid. n. 66. p. 511.</item>
                  <item>Justin Martyr affirms, that if any man
should even then (in his times) live ac<g ref="char:EOLhyphen"/>cording
to the Law of Moses, so that he
believes in Jesus Christ crucified, he
shall be saved. <hi>ibid. n.</hi> 67. <hi>p.</hi> 512.</item>
                  <item>The Primitive Father required the
beliefe of a few Articles.</item>
                  <item>l. 2. c. 3. r. 14. n. 67, 68. p. 512.</item>
                  <item>It was the sense of the first ages, that
the Creeds should not be enlarged.</item>
                  <item>ibid. n. 69. p. 513.</item>
                  <item>The Ancient Church in the Creed of
Constantinople and Nice added only
new explications, no new Articles.</item>
                  <item>ibid. n. 73. p. 515.</item>
                  <item>Every Conclusion drawn from a be<g ref="char:EOLhyphen"/>lieved
truth is certain but not necessary.</item>
                  <item>ibid. n. 74. p. 515.</item>
                  <item>Many things are necessary to be be<g ref="char:EOLhyphen"/>lieved
upon the account of obedience
more then upon the account of Faith.</item>
                  <item>ibid. n. 76. p. 516.</item>
                  <item>About matters of Faith no mans
Conscience ought to be pressed with any
authority, but of Christ enjoyning or
the Apostles declaring what is necessary.</item>
                  <item>ibid. n. 83. p. 518.</item>
                  <item>Faith is to be kept even with an Ene<g ref="char:EOLhyphen"/>my.
<hi>l.</hi> 3. <hi>c.</hi> 2. <hi>r.</hi> 5. <hi>n.</hi> 19. <hi>p.</hi> 94.</item>
                  <item>but not if the person engaging had
not competent power. <hi>ibid. n.</hi> 19. <hi>p.</hi> 95.</item>
                  <item>decrees made by the Emperours concer<g ref="char:EOLhyphen"/>ning
matters of Faith.</item>
                  <item>l. 3. c. 3. r. 7. n. 14. p. 206.</item>
               </list>
               <list>
                  <head>Father.</head>
                  <item>Children ought to obey their Parents
or Fathers. <hi>l.</hi> 3. <hi>c.</hi> 5. <hi>r.</hi> 1. <hi>n.</hi> 1. <hi>p.</hi> 359.</item>
                  <item>three reasons to enforce the Duty.</item>
                  <item>ibid. n. 1, 2, 3. p. 359, 360.</item>
                  <item>If a Father and Son being partners
in a Crime be to endure torment to for<gap reason="illegible" resp="#TECH" extent="2 letters">
                        <desc>••</desc>
                     </gap>
confession, the Law commands the Son
to be tormented first.</item>
                  <item>l. 3. c. 5. r. 1. n. 2. p. 360.</item>
                  <item>Fathers are to us in the place of God.</item>
                  <item>ibid. n. 1. p. 359.</item>
                  <item>
                     <pb n="540" facs="tcp:58903:581"/>
Fathers bless their children.</item>
                  <item>l. 3. c. 5. r. 1. n. 3. p. 360.</item>
                  <item>The Curses of Fathers are Omi<g ref="char:EOLhyphen"/>nous.
<hi>ibid. n.</hi> 3. <hi>p.</hi> 361.</item>
                  <item>A Fable teaching children to obey their
Fathers commands. <hi>l.</hi> 3. <hi>c.</hi> 5. <hi>r.</hi> 1. <hi>n.</hi> 4. <hi>p.</hi> 361.</item>
                  <item>It is a sin for Children to reject the
Counsels or holy precepts which their
Fathers give them. <hi>ibid. n.</hi> 7. <hi>p.</hi> 362.</item>
                  <item>The power of Fathers over their
children. <hi>l.</hi> 3. <hi>c.</hi> 5. <hi>r.</hi> 2. <hi>n.</hi> 1. <hi>p.</hi> 364.</item>
                  <item>An instrument of political peace. <hi>ib.</hi>
                  </item>
                  <item>The Fathers power the fountain of
the Royal. <hi>ibid.</hi>
                  </item>
                  <item>The Judge is authoriz'd in the Law
of Moses to punish with death crimes
committed against the private authority
of a Fathers upon his single testimony.</item>
                  <item>ibid. n. 2. p. 364.</item>
                  <item>A Father Anger must be such as must
have Discipline for his end, not revenge.</item>
                  <item>ibid. n. 3. p. 365.</item>
                  <item>Against a Fathers tyranny there is no
remedy but in the civil power. <hi>ibid. n.</hi> 3.</item>
                  <item>A Father must use moderation in
chastising. <hi>ibid.</hi>
                  </item>
                  <item>Children must maintain their Pa<g ref="char:EOLhyphen"/>rents
and Fathers. <hi>l.</hi> 3. <hi>c.</hi> 5. <hi>r.</hi> 3. <hi>n.</hi> 1. <hi>p.</hi> 366.</item>
                  <item>Maintenance is a part of that ho<g ref="char:EOLhyphen"/>nour
that is due to Fathers. <hi>ib. n.</hi> 2. <hi>p.</hi> 367.</item>
                  <item>A Son is bound to maintain his in<g ref="char:EOLhyphen"/>digent
Father, though the Father be
outlaw'd. <hi>ibid.</hi>
                  </item>
                  <item>The indigent Father is to be relieved
rather then the Son. <hi>ibid. n.</hi> 3. <hi>p.</hi> 367.</item>
                  <item>The Civil law permits the Father to
sell his Son for his necessary support.</item>
                  <item>l. 3. c. 5. r. 3. n. 4. p. 368.</item>
                  <item>And if a Son deny it, the Law ties
the Son to maintain his Father during
the suit. <hi>ibid. n.</hi> 5. <hi>p.</hi> 368.</item>
                  <item>Religion and Faith are not within
the Fathers power. <hi>ibid. r.</hi> 4. <hi>n.</hi> 1. <hi>p.</hi> 369.</item>
                  <item>A child is not to be baptiz'd without
his Fathers leave. <hi>ibid.</hi>
                  </item>
                  <item>The religion of the Son must not
prejudice the Fathers civil rights. <hi>ib. n.</hi> 2.</item>
                  <item>A Father hath no authority after his
death. <hi>l.</hi> 3. <hi>c.</hi> 5. <hi>r.</hi> 6. <hi>n.</hi> 1. <hi>p.</hi> 372.</item>
                  <item>When their Fathers are dead the Sons
owe much to the memory of them.</item>
                  <item>l. 3. c. 5. r. 6. n. 2. p. 372.</item>
                  <item>What regard we should have to our
dead Fathers. <hi>ibid. n.</hi> 3. <hi>p.</hi> 373.</item>
                  <item>The Argument in A. Gellius, that
proves we ought not to obey the com<g ref="char:EOLhyphen"/>mand
of our Fathers, answered.</item>
                  <item>l. 3. c. 5. r. 7. n. 2. p. 374.</item>
                  <item>A Son is not to obey his Father in
things impious. <hi>ibid. n.</hi> 3. <hi>p.</hi> 375.</item>
                  <item>though the Fathers command may be
neglected, his authority must not.</item>
                  <item>ibid. n. 4. p. 375.</item>
                  <item>if the Son transgress the Law by his
Fathers command, his punishment is the
more easie. <hi>ibid. n.</hi> 5.</item>
                  <item>Velle non creditur, qui obscquitur im<g ref="char:EOLhyphen"/>perio
Patris aut Domini. ibid.</item>
                  <item>The Authority of Fathers over their
children proved, with the measures there<g ref="char:EOLhyphen"/>of.
<hi>l.</hi> 3. <hi>c.</hi> 5. <hi>r.</hi> 7. <hi>n.</hi> 4, 5, 6, 7, 8. <hi>p.</hi> 375, &amp; 376.</item>
                  <item>In what case the Son may complain
of his Father to the Judge. <hi>ib. n.</hi> 7. <hi>p.</hi> 376.</item>
                  <item>It is not lawfull for Sons to enter into
a state of religion against their Fathers
will. <hi>ibid. r.</hi> 8. <hi>n.</hi> 3. <hi>p.</hi> 378.</item>
                  <item>Thomas Aquinas did. <hi>ibid.</hi>
                  </item>
                  <item>A Son cannot withdraw himself from
under his Fathers Government, and put
himself under another. <hi>ibid. n.</hi> 5. <hi>p.</hi> 379.</item>
                  <item>it is forbid by the Council of Gan<g ref="char:EOLhyphen"/>gra.
<hi>ibid.</hi>
                  </item>
                  <item>S. Augustine and S. Ambrose affirm
that a Father cannot hinder his Son
from going into a Monastery; but then
it was not a perpetual bond, but only as
a School for Education. <hi>ibid. n.</hi> 6. <hi>p.</hi> 379.</item>
                  <item>Instances shewing that Sons may not
enter into a religious Order without
their Fathers leave. <hi>ibid. n.</hi> 6. <hi>p.</hi> 380.</item>
                  <item>Charles the Great made a Law against
it. <hi>ibid.</hi>
                  </item>
                  <item>Children sin, that marry against their
Fathers will. <hi>l.</hi> 3. <hi>c.</hi> 5. <hi>r.</hi> 8. <hi>n.</hi> 7. <hi>p.</hi> 381.</item>
                  <item>the Ancients judged such marriages
illegitimate. <hi>ibid. n.</hi> 8. <hi>p.</hi> 381.</item>
                  <item>the Law of Nature requires Sons to
aske their Fathers leave in marriage.</item>
                  <item>ibid. n. 9. p. 382.</item>
                  <item>Marriage made against the will of the
Father were invalid by the civil Law. <hi>ib.</hi>
                  </item>
                  <item>The Church sometime did excom<g ref="char:EOLhyphen"/>municate
those that married without the
consent of their Fathers or Parents.</item>
                  <item>ibid. n. 11. p. 384.</item>
                  <item>The consent of Fathers or Parents
is not essentially necessary to the validity
of marriage. <hi>l.</hi> 3. <hi>c.</hi> 5. <hi>r.</hi> 8. <hi>n.</hi> 14. <hi>p.</hi> 385.</item>
                  <item>though the consent of the Father or
Parents being wanting cannot invalidate
the contract, yet it may hinder the pos<g ref="char:EOLhyphen"/>session.
<hi>ibid. n.</hi> 16. <hi>p.</hi> 387.</item>
                  <item>The Fathers natural power over the
Son. <hi>ibid. n.</hi> 17. <hi>p.</hi> 388. His political
power. <hi>ibid. n.</hi> 18. <hi>p.</hi> 389.</item>
                  <item>this later every Commonwealth hath
power to extend or streighten.</item>
                  <item>ibid. n. 19. p. 389.</item>
                  <item>Of Exemption from the power of Fa<g ref="char:EOLhyphen"/>thers.
<hi>ibid. n.</hi> 20. <hi>p.</hi> 390.</item>
                  <item>A Son is never exempted from his
Fathers natural power. <hi>ibid.</hi> Of his po<g ref="char:EOLhyphen"/>litical
power the Laws determine the
measure and period. <hi>ibid.</hi>
                  </item>
                  <item>The Sons wife is in the Fathers pow<g ref="char:EOLhyphen"/>er
after marriage. <hi>ibid. n.</hi> 21. <hi>p.</hi> 390.</item>
                  <item>If a Son be a Magistrate, the Magi<g ref="char:EOLhyphen"/>strate
is exempted from the Fathers pow<g ref="char:EOLhyphen"/>er,
but not the Son. <hi>ibid. n.</hi> 22. <hi>p.</hi> 391.</item>
                  <item>If a Son enter into holy orders, it
quits him not from his duty to his Fa<g ref="char:EOLhyphen"/>ther.
<hi>ibid. n.</hi> 23. <hi>p.</hi> 391.</item>
                  <item>A Father cannot hinder the marriage
of his children, if they are far gone in
love, and he at first promoted it.</item>
                  <item>ibid. n. 27. p. 392.</item>
                  <item>The Civil law puts not Sons under
their Mother but their Father.</item>
                  <item>ibid. n. 28. p. 393.</item>
                  <item>Some cases in which a Father ought
not to force his children to marry.</item>
                  <item>ibid. n. 33, 34. p. 396.</item>
                  <item>A man is bound to the duty of main<g ref="char:EOLhyphen"/>taining
his Father, though he have
made a vow of his estate to the Church.</item>
                  <item>l. 3. c. 6. r. 3. n. 14. p. 415.</item>
                  <item>Those that doe to us all the duties of
Fathers we are bound to as our Fathers.</item>
                  <item>ibid. n. 24. p. 419.</item>
                  <item>the power that Fathers have over their
children, and the reasons of it.</item>
                  <item>l. 2. c. 2. r. 6. n. 65. p. 367.</item>
                  <item>The power of Fathers in inflicting
punishments. <hi>l.</hi> 3. <hi>c.</hi> 2. <hi>r.</hi> 6. <hi>n.</hi> 7. <hi>p.</hi> 109.</item>
                  <item>The fifth Commandment of honou<g ref="char:EOLhyphen"/>ring
our Father and Mother the Jews
accounted to the first table.</item>
                  <item>l. 2. c. 2. r. 6. n. 8. p. 329.</item>
               </list>
               <list>
                  <head>Fathers of the Church.</head>
                  <item>Of the authority of those Books
that were written by the ancient Fathers.</item>
                  <item>l. 3. c. 4. r. 22. n. 4, 5. p. 355.</item>
                  <item>concerning their judgment in contro<g ref="char:EOLhyphen"/>versies.
<hi>l.</hi> 1. <hi>c.</hi> 4. <hi>r.</hi> 10. <hi>n.</hi> 1. <hi>p.</hi> 162.</item>
                  <item>they cannot give sufficient authority
to a tradition. <hi>l.</hi> 2. <hi>c.</hi> 3. <hi>r.</hi> 14. <hi>n.</hi> 42. <hi>p.</hi> 499.</item>
                  <item>the Primitive Fathers required the be<g ref="char:EOLhyphen"/>lief
of a few articles.</item>
                  <item>l. 2. c. 3. r. 14. n. 67, 68. p. 512.</item>
               </list>
               <list>
                  <head>Fear.</head>
                  <item>What influence Fear hath upon the
morality of our actions.</item>
                  <item>l. 4. c. 1. r. 7. p. 511.</item>
                  <item>In Divine Commandments no fear of
temporal evil is an excuse.</item>
                  <item>l. 4. c. 1. r. 7. n. 2. p. 512.</item>
                  <item>what influence Fear hath upon con<g ref="char:EOLhyphen"/>tracts,
marriages, &amp;c. <hi>ibid. n.</hi> 7. <hi>p.</hi> 514.</item>
                  <item>The Law calls nothing a just fear,
but the fear of the greatest evils, as
death, <hi>&amp;c. ibid. n.</hi> 8. <hi>p.</hi> 514.</item>
                  <item>Whether I am bound to keep my pro<g ref="char:EOLhyphen"/>mise,
which I make, fearing to lose my
life if I deny. <hi>ibid. n.</hi> 9. <hi>p.</hi> 515.</item>
                  <item>No reverential Fear can excuse a sin
or nullifie a contract. <hi>ib. n.</hi> 10. <hi>p.</hi> 515.</item>
                  <item>why Fear hath upon our actions a dif<g ref="char:EOLhyphen"/>ferent
influence from other passions, as
lust, anger, <hi>&amp;c. ibid.</hi>
                  </item>
                  <item>Fear is the band of all laws.</item>
                  <item>l. 2. c. 1. r. 3. n. 1. p. 244.</item>
                  <item>even in good men Fear is the instru<g ref="char:EOLhyphen"/>ment
of justice. <hi>ibid. n.</hi> 6. <hi>p.</hi> 246.</item>
                  <item>Fear the attendant of a guilty con<g ref="char:EOLhyphen"/>science.
<hi>l.</hi> 1. <hi>c.</hi> 1. <hi>r.</hi> 2. <hi>n.</hi> 14. <hi>p.</hi> 19.</item>
                  <item>another Fear there is alwaies joyned
with true peace of Conscience.</item>
                  <item>ibid. n. 25. p. 25.</item>
                  <item>It is lawfull to perswade fools and
children by Mormo's instead of argu<g ref="char:EOLhyphen"/>ments.
<hi>l.</hi> 1. <hi>c.</hi> 2. <hi>r.</hi> 6. <hi>n.</hi> 19. <hi>p.</hi> 80.</item>
                  <item>Fear abuses the Conscience into er<g ref="char:EOLhyphen"/>rour.
<hi>l.</hi> 1. <hi>c.</hi> 3. <hi>r.</hi> 1. <hi>n.</hi> 4. <hi>p.</hi> 100.</item>
                  <item>Of the Fears of a scrupulous Con<g ref="char:EOLhyphen"/>science.
<hi>l.</hi> 1. <hi>c.</hi> 6. <hi>r.</hi> 5. <hi>n.</hi> 9. <hi>p.</hi> 216.</item>
               </list>
               <list>
                  <head>Feasts.</head>
                  <item>The Apostles made no laws concer<g ref="char:EOLhyphen"/>ning
Feasts, saith Socrates.</item>
                  <item>l. 3. c. 4. r. 13. n. 13. p. 279.</item>
                  <item>of Feasting, and its luxury and due
measures. <hi>l.</hi> 4. <hi>c.</hi> 1. <hi>r.</hi> 2. <hi>n.</hi> 21. <hi>p.</hi> 465.</item>
                  <item>Of those that permit Drunkenness in
their houses at Feasts. <hi>ibid.</hi>
                  </item>
                  <item>Among the Romans works of neces<g ref="char:EOLhyphen"/>sity
and charity were permitted on
Festivals. <hi>l.</hi> 2. <hi>c.</hi> 2. <hi>r.</hi> 6. <hi>n.</hi> 57. <hi>p.</hi> 363.</item>
               </list>
               <list>
                  <pb n="541" facs="tcp:58903:581"/>
                  <head>Fornication.</head>
                  <item>the congress of betrothed persons is
not Fornication before God.</item>
                  <item>l. 3. c. 5. r. 8. n. 16. p. 387.</item>
                  <item>Of those Commonwealths that permit
fornication and publick stews.</item>
                  <item>l. 1. c. 5. r. 8. n. 17. p. 195.</item>
                  <item>
                     <hi>Fines</hi> mandati sunt diligenter custo<g ref="char:EOLhyphen"/>diendi.
<hi>l.</hi> 4. <hi>c.</hi> 2. <hi>r.</hi> 3. <hi>n.</hi> 4.</item>
               </list>
               <list>
                  <head>Free-will, and Freedome.</head>
                  <item>Of Free-will. <hi>l.</hi> 4. <hi>c.</hi> 1. <hi>r.</hi> 1. <hi>p.</hi> 438, 439. &amp; 447, 448.</item>
                  <item>It is consequent to the weakness and
blindness of our nature.</item>
                  <item>l. 4. c 1. r. 1. n. 5. p. 441.</item>
                  <item>to grant Frr-will does not disparage
the grace of God. ibid. n. 6. p. 441.</item>
                  <item>to have a power of chusing evil is an
imperfection and inselicity.</item>
                  <item>ibid. n. 5. p. 441.</item>
                  <item>wherein consists that freedome which
the death of Christ hath put us into.</item>
                  <item>l. 3. c. 1. r. 1. n. 28. p. 18.</item>
                  <item>The <hi>Fifth</hi> Commandment of honou<g ref="char:EOLhyphen"/>ring
our Father and Mother, the Jews
accounted to the first table.</item>
                  <item>l. 2. c. 2. r. 6. p. 8. p. 329.</item>
                  <item>What influence <hi>Fraud</hi> has upon con<g ref="char:EOLhyphen"/>tracts.
<hi>l.</hi> 4. <hi>c.</hi> 1. <hi>r.</hi> 6. <hi>n.</hi> 22. <hi>p.</hi> 510.</item>
                  <item>The precepts of <hi>Forgiveness</hi> and
charity are not against executing penal
Laws. <hi>l.</hi> 3. <hi>c.</hi> 2. <hi>r.</hi> 1. <hi>n.</hi> 3. p. 54.</item>
                  <item>It is lawfull to perswade <hi>Fooles</hi> and
children by Mormo's instead of argu<g ref="char:EOLhyphen"/>ments.
<hi>l.</hi> 1. <hi>c.</hi> 2. <hi>r.</hi> 6. <hi>n.</hi> 19. <hi>p.</hi> 80.</item>
               </list>
            </div>
            <div n="G" type="part">
               <head>G.</head>
               <list>
                  <item>THE <hi>Gallican</hi> Church is ruled
by those Ecclesiastical Laws that
their Kings have made.</item>
                  <item>l. 3. c. 3. r. 5. n. 7. p. 177.</item>
               </list>
               <list>
                  <head>Gaming.</head>
                  <item>Rules to be observed in Gaming.</item>
                  <item>l. 4. c. 1. r. 2. n. 32. p. 473.</item>
                  <item>Of Gaming.</item>
                  <item>l. 4. c. 1. r. 2. n. 27. p. 470.</item>
                  <item>Of Gaming-houses and the punish<g ref="char:EOLhyphen"/>ments
by some Laws inflicted.</item>
                  <item>ibid. n. 28. p. 470.</item>
                  <item>In what cases Gaming is lawfull. <hi>ib.</hi>
                  </item>
                  <item>whether it be lawfull to play only to
recover ones loss. <hi>ibid. n.</hi> 34. <hi>p.</hi> 476.</item>
                  <item>whether it be lawfull to Game when
I give away all I win to the poor.</item>
                  <item>ibid. n. 35. p. 476.</item>
                  <item>whether a man has right of possession
to what he wins by Gaming.</item>
                  <item>ibid. n. 36. p. 477.</item>
                  <item>not lawfull to Game for money.</item>
                  <item>ibid. n. 37. p. 478.</item>
                  <item>young men should not game.</item>
                  <item>ibid. n. 38. p. 479.</item>
               </list>
               <list>
                  <head>Gerson.</head>
                  <item>His mistake. <hi>l.</hi> 3. <hi>c.</hi> 4. <hi>r.</hi> 9. <hi>n.</hi> 12. <hi>p.</hi> 259.</item>
               </list>
               <list>
                  <head>God.</head>
                  <item>that there is a God, proved by Con<g ref="char:EOLhyphen"/>science.
<hi>l.</hi> 1. <hi>c.</hi> 1. <hi>r.</hi> 1. <hi>n.</hi> 4.</item>
                  <item>He rules in our minds by Faith and
Conscience; the difference of those two
faculties. <hi>ibid. n.</hi> 10. <hi>p.</hi> 5.</item>
                  <item>Justice and Truth are the same in Us
and in God. <hi>l.</hi> 1. <hi>c.</hi> 2. <hi>r.</hi> 3. <hi>r.</hi> 3 <hi>n.</hi> 38. <hi>p.</hi> 52.</item>
                  <item>God hath said it, therefore it is true,
is the greatest reason in the world.</item>
                  <item>ibid. n. 65. p. 61.</item>
                  <item>to obey God never hath an unavoida<g ref="char:EOLhyphen"/>ble
dilemma. <hi>l.</hi> 1. <hi>c</hi> 3. <hi>r.</hi> 3. <hi>n.</hi> 7. <hi>p.</hi> 110.</item>
                  <item>It was ill said by those that affirmed
that God cannot change the Law of Na<g ref="char:EOLhyphen"/>ture.
<hi>l.</hi> 2. <hi>c.</hi> 1. <hi>r.</hi> 1. <hi>n.</hi> 49. <hi>p.</hi> 239.</item>
                  <item>Nothing is unlawfull antecedently to
Gods Commandment.</item>
                  <item>l. 2. c. 1. r. 1. n. 58. p. 242.</item>
                  <item>Our Duty to God is supreme.</item>
                  <item>l. 2. c. 1. r. 9. n. 12. p. 268.</item>
                  <item>the measures of our Love towards
God. <hi>l.</hi> 2. <hi>c.</hi> 3. <hi>r.</hi> 12. <hi>n.</hi> 1. <hi>p.</hi> 449.</item>
                  <item>God is to be worshipped by nothing
but what himself appointed.</item>
                  <item>l. 2. c. 3. r. 13. n. 7. p. 457.</item>
                  <item>Plato taught that they were not to be
suffered in a Commonwealth, that said
God was the Author of evil.</item>
                  <item>l. 3. c. 3. r. 4. n. 10. p. 166.</item>
                  <item>The grace of God is not dispa<g ref="char:EOLhyphen"/>raged
by the doctrine of Free-will.</item>
                  <item>l. 4. c. 1. r. 1. n. 6. p. 441.</item>
                  <item>In what manner it is to be understood,
that a man should make the glory of
God the end of every action.</item>
                  <item>l. 4. c. 2. r. 1. n. 3.</item>
                  <item>It is not necessary that all our actions
be alwaies actually directed to the glory
of God. <hi>ibid. n.</hi> 4.</item>
                  <item>Rules concerning the directing all
our actions to the glory of God.</item>
                  <item>l. 4. c. 2. r. 1. n. 3, 4, 5.</item>
                  <item>How the Glory of God is to be re<g ref="char:EOLhyphen"/>conciled
with those other inferior ends
which God allows us to propose to our
actions. <hi>l.</hi> 4. <hi>c.</hi> 2. <hi>r.</hi> 2. <hi>n.</hi> 1.</item>
                  <item>whether it be lawfull to serve God for
any end less then himself, <hi>viz.</hi> riches,
honour, <hi>&amp;c. ibid. n.</hi> 5.</item>
                  <item>It is not lawfull to doe a thing for
temporal regards with positive neglect
of the glory of God. <hi>ibid. n.</hi> 6.</item>
                  <item>Rules shewing when and how it is
lawfull to serve God for temporal ends.</item>
                  <item>ibid.</item>
                  <item>In what sense it is true that God must
be served for his own sake. <hi>ibid. n.</hi> 7.</item>
                  <item>he that loves God above all other
things loves him for himself. <hi>ib. n.</hi> 9.</item>
                  <item>Rules to know when we love God
for his own sake. <hi>ibid. n.</hi> 8, 9.</item>
                  <item>God is the Fountain of all Laws.</item>
                  <item>l. 2. c. 2. r. 7. n. 1. p. 372.</item>
                  <item>In Gods service a mere negative acti<g ref="char:EOLhyphen"/>on
does nothing. <hi>l.</hi> 4. <hi>c.</hi> 1. <hi>r.</hi> 1. <hi>n.</hi> 15. <hi>p.</hi> 444.</item>
                  <item>Of the morality of those kind of
actions. <hi>ibid. n.</hi> 15, 16. <hi>p.</hi> 445.</item>
               </list>
               <list>
                  <head>Good.</head>
                  <item>No man can make the measures of
Good and evil. <hi>l.</hi> 1. <hi>c.</hi> 1. <hi>r.</hi> 1. <hi>n.</hi> 20. <hi>p.</hi> 8.</item>
                  <item>Good and bad is before the act of
Conscience. <hi>l.</hi> 1. <hi>c.</hi> 2. <hi>r.</hi> 9. <hi>n.</hi> 12. <hi>p.</hi> 98.</item>
                  <item>Such collateral considerations as be<g ref="char:EOLhyphen"/>long
to the goodness or badness of an
action. <hi>l.</hi> 1. <hi>c.</hi> 4. <hi>r.</hi> 9. <hi>n.</hi> 10. <hi>p.</hi> 160.</item>
                  <item>Instances of Holy persons, that have
done evil that good may come of it.</item>
                  <item>l. 1. c. 5. r. 8. n. 28. p. 200.</item>
                  <item>A private evil is not to be done for a
private good, but for a publick it may.</item>
                  <item>l. 1. c. 5. r. 8. n. 31. p. 203.</item>
                  <item>an evil in nature may be done for a
good in morality. <hi>ibid. n.</hi> 32. <hi>p.</hi> 203.</item>
                  <item>every thing that is not intrinsecally
evil, if it be directed to a good end, is
good, unless it be spoiled by some in<g ref="char:EOLhyphen"/>tervening
accident. <hi>ibid. n.</hi> 33. <hi>p.</hi> 204.</item>
                  <item>all the measures of Good and evil are
to be taken by the Law of the Gospel.</item>
                  <item>l. 2. c. 2. r. 7. n. 3. p. 373.</item>
                  <item>whatsoever is against the Law of the
Gospel may not be permitted directly for
the obtaining a greater good, but may
for the avoiding a greater evil which o<g ref="char:EOLhyphen"/>therwise
cannot be avoided.</item>
                  <item>ibid. n. 9. p. 375.</item>
                  <item>We must not judge of the goodness
of actions by the event.</item>
                  <item>l. 3. c. 3. r. 4. n. 5. p. 162.</item>
                  <item>An action is good or bad by the con<g ref="char:EOLhyphen"/>formity
to the rule, but a man by his
own will. <hi>l.</hi> 4. <hi>c.</hi> 1. <hi>r.</hi> 1. <hi>n.</hi> 1. <hi>p.</hi> 438.</item>
                  <item>Of that saying, It is lawfull to doe
evill that Good may come of it.</item>
                  <item>l. 1. c. 5. r. 8. n. 4, 20. p. 197. <hi>&amp;</hi> l. 4. c. 2. r. 1. n. 8.</item>
                  <item>whether the lesser e<gap reason="illegible" resp="#TECH" extent="2 letters">
                        <desc>••</desc>
                     </gap>l in respect of the
greater hath the nat<gap reason="illegible" resp="#TECH" extent="3 letters">
                        <desc>•••</desc>
                     </gap>e of Good.</item>
                  <item>l. 1. <gap reason="illegible" resp="#TECH" extent="1 letter">
                        <desc>•</desc>
                     </gap>apsn<gap reason="illegible" resp="#TECH" extent="1 letter">
                        <desc>•</desc>
                     </gap> r. 8. n. 25. p. 199.</item>
                  <item>Of <hi>Godfather<gap reason="illegible" resp="#TECH" extent="1 letter">
                           <desc>•</desc>
                        </gap>
                     </hi> and <hi>Godmothers</hi> at
Baptisme. <hi>
                        <gap reason="illegible" resp="#TECH" extent="2 letters">
                           <desc>••</desc>
                        </gap>.</hi> 3. <hi>c.</hi> 4. <hi>r.</hi> 15. <hi>n.</hi> 5. <hi>p.</hi> 289.</item>
               </list>
               <list>
                  <head>Gospel.</head>
                  <item>All the measures of good and evil are
to be taken by the law of the Gospel.</item>
                  <item>l. 2. c. 2. r. 7. n. 3. p. 373.</item>
                  <item>whatsoever <gap reason="illegible" resp="#TECH" extent="1 word">
                        <desc>〈◊〉</desc>
                     </gap> 
                     <gap reason="illegible" resp="#TECH" extent="1 letter">
                        <desc>•</desc>
                     </gap>gainst the Law of the
Gospel may no<gap reason="illegible" resp="#TECH" extent="1 letter">
                        <desc>•</desc>
                     </gap> be permitted directly for
the obtaining a greater good, but may
for the avoiding a greater evil which o<g ref="char:EOLhyphen"/>therwise
cannot be avoided.</item>
                  <item>l. 2. c. 2. r. 7. n. 9. p. 375.</item>
                  <item>The Commandments of the Gospel
are affirmative, and why?</item>
                  <item>l. 2. c. 3. r. 1. n. 7. p. 390.</item>
                  <item>The Gospel exceeds all other institu<g ref="char:EOLhyphen"/>tions
in the manner of its teaching.</item>
                  <item>
                     <gap reason="illegible" resp="#TECH" extent="1 word">
                        <desc>〈◊〉</desc>
                     </gap>. 3. c. 4. r. 20. n. 8. p. 327.</item>
                  <item>the difference between the Gospel and
the Law. <gap reason="illegible" resp="#TECH" extent="1 word">
                        <desc>〈◊〉</desc>
                     </gap> 4. <hi>c. 1. r.</hi> 1. <hi>n.</hi> 24. <hi>p.</hi> 450.</item>
               </list>
               <list>
                  <head>Government.</head>
                  <item>Nihil aliu<gap reason="illegible" resp="#TECH" extent="2 letters">
                        <desc>••</desc>
                     </gap> est Imperium nisi cura
salutis aternae. <hi>l.</hi> 3. <hi>c.</hi> 3. <hi>r.</hi> 7. <hi>n.</hi> 6. <hi>p.</hi> 202.</item>
                  <item>the Original of Government.</item>
                  <item>l. 3. c. 1. r. 7. n. 1, 2. p. 46.</item>
                  <item>In their disputations of Government
the Roman and Greek writers modelled
their principles to the popular govern<g ref="char:EOLhyphen"/>ments
they lived under.</item>
                  <item>l. 3. c. 1. r. 7. n. 5. p. 47.</item>
                  <item>no change of Government or altera<g ref="char:EOLhyphen"/>tion
<pb n="542" facs="tcp:58903:582"/>
of sentence is to be made upon pre<g ref="char:EOLhyphen"/>tence
of any secret counsel of God.</item>
                  <item>l. 3. c. 2. r. 1. n. 14. p. 57.</item>
               </list>
            </div>
            <div n="H" type="part">
               <head>H.</head>
               <list>
                  <item>
                     <hi>HEretics</hi> and others have falsly pre<g ref="char:EOLhyphen"/>tended
divers books to be written
by Apostles and Apostolical men.</item>
                  <item>l. 2. c. 3. r. 14. n. 35. p. 492.</item>
                  <item>It is not alwaies lawfull to <hi>hear</hi> good
things and true. <hi>l.</hi> 1. <hi>c.</hi> 2. <hi>r.</hi> 3. <hi>n.</hi> 67. <hi>p.</hi> 61.</item>
               </list>
               <list>
                  <head>Heart.</head>
                  <item>We must take care that hardness of
Heart be not mistaken for peace of Con<g ref="char:EOLhyphen"/>science.
<hi>l.</hi> 1. <hi>c.</hi> 1. <hi>r.</hi> 2. <hi>n.</hi> 25. <hi>p.</hi> 24.</item>
                  <item>the Heart is principally regarded by
God in all actions of obedience.</item>
                  <item>l. 2. c. 3. r. 5. n. 2. p. 405.</item>
                  <item>Sin is forbidden in the Heart.</item>
                  <item>l. 2. c. 3. r. 7. n. 1. p. 414.</item>
               </list>
               <list>
                  <head>Heathen.</head>
                  <item>The Ceremonies which the Primi<g ref="char:EOLhyphen"/>tive
Church borrowed from the Heathen
were such as had no relation to doctrine.</item>
                  <item>l. 2. c. 3. r. 19. n. 13. p. 552.</item>
                  <item>Ceremonies ought with great caution
to be taken up in imitation of the Hea<g ref="char:EOLhyphen"/>then.
<hi>ibid. n.</hi> 14. <hi>p.</hi> 553.</item>
                  <item>In what state Heathens are after death.</item>
                  <item>l. 4. c. 1. r. 5. n. 1. p. 493.</item>
               </list>
               <list>
                  <head>Heir.</head>
                  <item>The Heir or Donor is to be eased in
doubts, unless it make the gift good for
nothing. <hi>l.</hi> 3. <hi>c.</hi> 6. <hi>r.</hi> 1. <hi>n.</hi> 15. <hi>p.</hi> 405.</item>
                  <item>Haredem teneri ad poenam, ad quam
defunctus fuerat condemnatus.</item>
                  <item>l. 3. c. 2. r. 7. n. 11. p. 121.</item>
                  <item>In what sense that proposition and the
contrary are both true. <hi>ibid.</hi>
                  </item>
                  <item>Of King <hi>Hezekiah</hi>'s breaking the
brazen Serpent. <hi>l.</hi> 3. <hi>c.</hi> 6. <hi>r.</hi> 7. <hi>n.</hi> 3. <hi>p.</hi> 432.</item>
                  <item>
                     <hi>Henry</hi> VIII. his reformation in En<g ref="char:EOLhyphen"/>gland
was never the worse because he
proposed to himself possibly an evil end.</item>
                  <item>l. 3. c. 1. r. 3. n. 5. p. 33.</item>
                  <item>
                     <hi>Hildebrand</hi> did ill in excommunica<g ref="char:EOLhyphen"/>ting
the Emperour Henry and his Sub<g ref="char:EOLhyphen"/>jects.
<hi>l.</hi> 3. <hi>c.</hi> 4. <hi>r.</hi> 10. <hi>n.</hi> 12. <hi>p.</hi> 264.</item>
               </list>
               <list>
                  <head>Holy daies.</head>
                  <item>Of the observation of them.</item>
                  <item>l. 2. c. 2. r. 6. n. 55. p. 361.</item>
                  <item>The Eastern Churches and Disciples
of S. John kept Easter-day not on the
day of the week on which Christ rose,
but on the full Moon, whatsoever day it
fell upon. <hi>ibid.</hi>
                  </item>
               </list>
               <list>
                  <head>Honour.</head>
                  <item>It comprehends maintenance.</item>
                  <item>l. 3. c. 5. r. 3. n. 2. p. 367.</item>
                  <item>of the Honour due to Churchmen.</item>
                  <item>l. 3. c. 3. r. 6. n. 18. p. 187.</item>
                  <item>how it is lawfull to strive for Honour.</item>
                  <item>l. 4. c. 2. r. 2. n. 2.</item>
                  <item>all designs of Honour must be less
principal then, and subordinate to, reli<g ref="char:EOLhyphen"/>gion.
<hi>ibid. n.</hi> 4.</item>
                  <item>When a thing is disputed by good and
learned men on both sides, to doe either
is not against publick <hi>Honesty.</hi>
                  </item>
                  <item>l. 2. c. 2. r. 3. n. 57. p. 309.</item>
                  <item>Reasons why <hi>Humility</hi> and piety are
the best dispositions to the understanding
the secrets of the Gospel.</item>
                  <item>l. 1. c. 2. r. 3. n. 57. p. 59.</item>
                  <item>Of <hi>Hushai</hi> his dealing falsly with Ab<g ref="char:EOLhyphen"/>salom.
<hi>l.</hi> 1. <hi>c.</hi> 5. <hi>r.</hi> 8. <hi>n.</hi> 28, 30. <hi>p.</hi> 200, 202.</item>
                  <item>
                     <hi>Hypocrites</hi> excuse all their open sins
with the pretence of Conscience.</item>
                  <item>l. 1. c. 1. r. 3. n. 1. p. 26.</item>
               </list>
            </div>
            <div n="I" type="part">
               <head>I.</head>
               <list>
                  <item>OF <hi>Jephthah's</hi> vow out of the Jew<g ref="char:EOLhyphen"/>story.
<hi>l.</hi> 3. <hi>c.</hi> 3. <hi>r.</hi> 8. <hi>n.</hi> 1. <hi>p.</hi> 208.</item>
                  <item>Of the Custome of bowing at the
name of <hi>Jesus. l.</hi> 3. <hi>c.</hi> 4. <hi>r.</hi> 15. <hi>n.</hi> 4. <hi>p.</hi> 289.</item>
               </list>
               <list>
                  <head>Jews.</head>
                  <item>their religion upon their Sabbaths and
feasts. <hi>l.</hi> 2. <hi>c.</hi> 2. <hi>r.</hi> 6. <hi>n.</hi> 58. <hi>p.</hi> 363.</item>
                  <item>The Jews in their writings against
the Primitive Christians never charged
them with worshipping Images.</item>
                  <item>l. 2. c. 2. r. 6. n. 37. p. 351.</item>
                  <item>The Righteousness of the Christians
must exceed the Jews.</item>
                  <item>l. 2. c. 3. r. 20. n. 3. p. 555.</item>
                  <item>S. <hi>Ignatius</hi> his Epistle to the Philip<g ref="char:EOLhyphen"/>pians
is supposititious.</item>
                  <item>l. 3. c. 4. r. 13. n. 12. p. 278.</item>
               </list>
               <list>
                  <head>Ignorance.</head>
                  <item>it abuses the Conscience into Errour.</item>
                  <item>l. 1. c. 3. r. 1. n. 3. p. 100.</item>
                  <item>of vincible ignorance.</item>
                  <item>l. 4. c. 1. r. 6. n. 9, 10. p. 505.</item>
                  <item>we cannot be ignorant of things ne<g ref="char:EOLhyphen"/>cessary
to salvation without sin.</item>
                  <item>l. 4. c. 1. r. 5. n. 1, 4. p. 493.</item>
                  <item>No man can be innocently ignorant
of what all Nations and men believe
and publickly profess.</item>
                  <item>l. 4. c. 1. r. 5. n. 3. p. 494.</item>
                  <item>of that which is by several Churches
and societies of wise and good men dis<g ref="char:EOLhyphen"/>puted,
a man may be innocently igno<g ref="char:EOLhyphen"/>rant.
<hi>l.</hi> 4. <hi>c.</hi> 1. <hi>r.</hi> 5. <hi>n.</hi> 5. <hi>p.</hi> 495.</item>
                  <item>A man may not be innocently igno<g ref="char:EOLhyphen"/>rant
of that which is his special duty.</item>
                  <item>ibid. n. 7. p. 495.</item>
                  <item>what is that diligence, after which Ig<g ref="char:EOLhyphen"/>norance
is excusable.</item>
                  <item>l. 4. c. 1. r. 5. n. 11. p. 497.</item>
                  <item>what is probable Ignorance.</item>
                  <item>ibid. r. 12. p. 497.</item>
                  <item>whether is worse, to sin willingly, or
by Ignorance. <hi>ibid. n.</hi> 16. <hi>p.</hi> 498.</item>
                  <item>Some sins of ignorance worse then
some sins of malice. <hi>ibid. n.</hi> 18. <hi>p.</hi> 499.</item>
                  <item>What ignorance Antecedent and
Concomitant are, and what influence
they have upon our actions.</item>
                  <item>l. 4. c. 1. r. 6. n. 2, 7. p. 500.</item>
                  <item>how long infant ignorance or childish<g ref="char:EOLhyphen"/>ness
can excuse, so as their actions shall
be reckoned neither to vertue nor vice.</item>
                  <item>l. 4. c. 1. r. 6. n. 4. p. 501.</item>
                  <item>
                     <hi>Illusion</hi> is hard to be distinguished
from Conscience.</item>
                  <item>l. 1. c. 1. r. 3. n. 5. p. 28.</item>
               </list>
               <list>
                  <head>Images and Idolatry.</head>
                  <item>The Jews were forbid to make an
Image, as a <gap reason="foreign">
                        <desc>〈 in non-Latin alphabet 〉</desc>
                     </gap> to the Law of
Idolatry. <hi>l.</hi> 2. <hi>c.</hi> 2. <hi>r.</hi> 3. <hi>n.</hi> 42. <hi>p.</hi> 304, 313.</item>
                  <item>though the making or having an
Image were unlawfull to the Jews, yet
not to the Christians.</item>
                  <item>l. 2. c. 2. r. 6. n. 11. p. 330.</item>
                  <item>it is not lawfull to worship the true
God by an Image. <hi>ibid. n.</hi> 21. <hi>p.</hi> 338.</item>
                  <item>Idolatry is a sin against the Law of
Nature. <hi>ibid. n.</hi> 23. <hi>p.</hi> 338.</item>
                  <item>To worship false gods, and to give di<g ref="char:EOLhyphen"/>vine
worship to an Image, is one and the
same kind of formal Idolatry.</item>
                  <item>ibid. n. 25. p. 339.</item>
                  <item>S. John was not permitted to give di<g ref="char:EOLhyphen"/>vine
worship to an Angel who repre<g ref="char:EOLhyphen"/>sented
the person of God. <hi>ib. n.</hi> 27. <hi>p.</hi> 341.</item>
                  <item>A Definition of Idolaters out of
S. Austin. <hi>l.</hi> 2. <hi>c.</hi> 2. <hi>r.</hi> 6. <hi>n.</hi> 28. <hi>p.</hi> 343.</item>
                  <item>how an Image can be an idol.</item>
                  <item>ibid. n. 30. p. 344.</item>
                  <item>The difference between an Image and
an Idol. <hi>ibid. n.</hi> 30. <hi>p.</hi> 345.</item>
                  <item>That which forbad the Jews to make
or have Images was no moral Law.</item>
                  <item>ibid. n. 31. p. 347.</item>
                  <item>The worship of Images is against the
analogy of the Gospel.</item>
                  <item>
                     <hi>ibid. n.</hi> 32. <hi>p.</hi> 348.</item>
                  <item>The Primitive Christians were great
haters of Image-worship.</item>
                  <item>l. 2. c. 2. r. 6. n. 33. p. 349.</item>
                  <item>The Council of Eliberis decreed a<g ref="char:EOLhyphen"/>gainst
pictures in Churches.</item>
                  <item>ibid. n. 35. p. 350.</item>
                  <item>the Jews in their writings against the
Christians of the first ages never charged
them with worshipping Images, which
shews then they did not worship them.</item>
                  <item>ibid. n. 37. p. 351.</item>
                  <item>In the first part of the Thalmud
written about <hi>A. D.</hi> 200. there is no re<g ref="char:EOLhyphen"/>proof
to Christians for Images: but in
the second part written about <hi>A. D.</hi> 500.
they frequently charge it upon them.</item>
                  <item>ibid.</item>
                  <item>The Heathens did not believe their
Images to be Gods, and worshipped
them with no other but relative worship.</item>
                  <item>l. 2. c. 2. r. 6. n. 38. p. 351.</item>
                  <item>only the ruder part of them. <hi>ibid. p.</hi> 352.</item>
                  <item>The culpable usage of Images by
modern Papists. <hi>l.</hi> 2. <hi>c.</hi> 2. <hi>r.</hi> 6. <hi>n.</hi> 39. <hi>p.</hi> 353.</item>
                  <item>
                     <pb n="543" facs="tcp:58903:582"/>
The worship of Images never prevai<g ref="char:EOLhyphen"/>led
any where but among a degenerating
people. <hi>ibid. n.</hi> 40. <hi>p.</hi> 354.</item>
                  <item>The ancient Romans worshipped
their Gods 170 years without Images.</item>
                  <item>ibid.</item>
                  <item>Idolatry hindred by Sacrifices.</item>
                  <item>l. 2. c. 3. r. 13. n. 30. p. 476.</item>
                  <item>Of the <hi>Imitation</hi> of Christ.</item>
                  <item>l. 2. c. 2. r. 7. n. 35. p. 383.</item>
                  <item>Summum ejus esse <hi>Imperium,</hi> qui or<g ref="char:EOLhyphen"/>dinario
juri derogare valeat.</item>
                  <item>l. 3. c. 3. r. 6. n. 25. p. 192.</item>
                  <item>
                     <hi>Impudence</hi> often the attendant of an
evil Conscience. <hi>l.</hi> 1. <hi>c.</hi> 1. <hi>r.</hi> 2. <hi>n.</hi> 13. <hi>p.</hi> 19.</item>
               </list>
               <list>
                  <head>Incest.</head>
                  <item>Incest taught by the Devil speaking
out of Fire. <hi>l.</hi> 2. <hi>c.</hi> 2. <hi>r.</hi> 3. <hi>n.</hi> 23. <hi>p.</hi> 295.</item>
                  <item>the notation of the word.</item>
                  <item>ibid. n. 24. p. 296.</item>
                  <item>A strange case happening at Venice
of an incestuous marriage.</item>
                  <item>
                     <hi>l.</hi> 1 <hi>c.</hi> 3. <hi>r.</hi> 8. <hi>n.</hi> 3. <hi>p.</hi> 118.</item>
                  <item>Of the word <hi>Institutio.</hi>
                  </item>
                  <item>l. 2. c. 3. r. 9. n. 4. p. 421.</item>
                  <item>Signs of difference, whereby we may,
in a mixt <hi>Intention,</hi> know which is the
principal ingredient.</item>
                  <item>l. 1. c. 2. r. 5. n. 30. p. 71.</item>
               </list>
               <list>
                  <head>Indifferent.</head>
                  <item>Things indifferent may be ministe<g ref="char:EOLhyphen"/>ries
of religion, but no parts of it.</item>
                  <item>l. 3. c. 4. r. 20. n. 12. p. 331.</item>
                  <item>Actions in their physical capacity are
negatively indifferent.</item>
                  <item>l. 4. c. 1. r. 1. n. 14. p. 444.</item>
                  <item>Acts omitted are oftentimes indiffe<g ref="char:EOLhyphen"/>rent.
<hi>ibid. n.</hi> 15. <hi>p.</hi> 444.</item>
                  <item>all acts that pass without any consent
of the will are indifferent.</item>
                  <item>ibid. n. 17. p 446.</item>
                  <item>Of Indifferent actions, what are such.</item>
                  <item>ibid. n. 16, 17. p. 445.</item>
                  <item>No action of the will is indifferent.</item>
                  <item>ib. n. 18. p. 446.</item>
               </list>
               <list>
                  <head>Interest</head>
                  <item>renders the Conscience suspected, if
it be guided by it. <hi>l.</hi> 1. <hi>c.</hi> 1. <hi>r.</hi> 3. <hi>n.</hi> 6. <hi>p.</hi> 29.</item>
                  <item>Interest is sometimes on the side of
Truth. <hi>ibid.</hi>
                  </item>
                  <item>How to discern when it is joined with
Truth. <hi>ibid.</hi>
                  </item>
                  <item>Of <hi>Inconsideration.</hi>
                  </item>
                  <item>l. 4. c. 1. r. 6. p. 508.</item>
               </list>
               <list>
                  <head>Interpretation.</head>
                  <item>Laws that are doubtfull are rightly
interpreted by examples.</item>
                  <item>l. 2. c. 2. r. 7. n. 44. p. 387.</item>
                  <item>Rules of the interpretation of Laws
by consequence. <hi>l.</hi> 2. <hi>c.</hi> 2. <hi>r.</hi> 7. <hi>n.</hi> 8. <hi>p.</hi> 400.</item>
                  <item>When any condition intrinsecal to the
duty of an affirmative precept is impos<g ref="char:EOLhyphen"/>sible
or cannot be supplied, the duty it
self falls without interpretation.</item>
                  <item>l. 2. c. 3. r. 11. n. 15. p. 446.</item>
                  <item>Laws are to be interpreted with respect
to the mind of the Lawgiver.</item>
                  <item>l. 3. c. 6. r. 1. n. 1. p. 398.</item>
                  <item>In what sense and manner.</item>
                  <item>ibid. n. 3. p. 399.</item>
                  <item>See more Letter <hi>L.</hi> word <hi>Laws.</hi>
                  </item>
                  <item>In interpreting the Commandments
of God, we must chuse that sense which
most promotes the end of the command<g ref="char:EOLhyphen"/>ment.
<hi>l.</hi> 3. <hi>c.</hi> 6. <hi>r.</hi> 1. <hi>n.</hi> 10. <hi>p.</hi> 403.</item>
                  <item>Of the favourable interpretation of
Laws. <hi>l.</hi> 3. <hi>c.</hi> 6. <hi>r.</hi> 1. <hi>n.</hi> 15. <hi>p.</hi> 405.</item>
                  <item>Of favourable interpretation in in<g ref="char:EOLhyphen"/>flicting
punishments. <hi>ibid. n.</hi> 16.</item>
                  <item>All good Laws admit interpretation
in some cases. <hi>ibid. n.</hi> 17.</item>
                  <item>In matters of favour and pietie the
sense of the Laws is to be extended by
interpretation. <hi>ibid. n.</hi> 18. <hi>p.</hi> 406.</item>
                  <item>When the Lawgiver interprets his
own Law, he does not take off, but re<g ref="char:EOLhyphen"/>move
the obligation.</item>
                  <item>l. 3. c. 6. r. 2. n. 2. p. 408.</item>
                  <item>The power of interpreting Laws
must be used with nobleness, not fraud.</item>
                  <item>ibid. n. 4. p. 408.</item>
                  <item>The Laws are not to be bended by
interpretation but upon great and just
causes. <hi>ibid. n.</hi> 5. <hi>p.</hi> 409.</item>
                  <item>The interpretation of Laws made by
Judges is nothing of Empire and power.</item>
                  <item>ibid. n. 7. p. 410.</item>
                  <item>Judged cases are the best indication of
the meaning of a Law.</item>
                  <item>l. 3. c. 6. r. 6. n. 3. p. 428.</item>
                  <item>In the doubtfull interpretation of
Laws, Customes are as good as Laws.</item>
                  <item>ibid.</item>
                  <item>A King is <hi>Dominus Legum,</hi> and
therefore may intervene between Equi<g ref="char:EOLhyphen"/>ty
and strictness by interpretation.</item>
                  <item>l. 3. c. 6. r. 2. n. 3. p. 408.</item>
               </list>
               <list>
                  <head>Judge.</head>
                  <item>A Judge must proceed according to the
process of Law, though contrary to his
own private Conscience.</item>
                  <item>l. 1. c. 2. r. 8. n. 7. p. 82.</item>
                  <item>A Judge may not proceed upon the
evidence of an instrument, which he
produced privately, but was not produ<g ref="char:EOLhyphen"/>ced
in Court. <hi>ibid. n.</hi> 7. <hi>p.</hi> 83.</item>
                  <item>what a Judge is to doe in case the evi<g ref="char:EOLhyphen"/>dence
upon Oath is contrary to his own
private Knowledg. <hi>ibid. n.</hi> 8. <hi>p.</hi> 84.</item>
                  <item>A Judge may not doe any public act
against his own private Conscience.</item>
                  <item>ibid. n. 9, 10. p. 85.</item>
                  <item>A Judge having seen a stone in Court
thrown at his brother Judge, proceeded
to sentence upon the intuition of the
fact, and stayed not for the sole<gap reason="illegible" resp="#TECH" extent="1 letter">
                        <desc>•</desc>
                     </gap>nities
of the Law. <hi>ibid. n.</hi> 14. <hi>p.</hi> 86.</item>
                  <item>Concerning the double capacity of a
Judge. <hi>ibid. n.</hi> 24. <hi>p.</hi> 90.</item>
                  <item>Sententia à Judice non suo lata,
nulla est. l. 3. c. 1. r. 3. n. 4. p. 33.</item>
                  <item>The interpretation of Laws made by
Judges is nothing of Empire and Power.</item>
                  <item>l. 3. c. 6. r. 2. n. 7. p. 410.</item>
                  <item>Judged cases are the best indication
of the meaning of a Law.</item>
                  <item>l. 3. c. 6. r. 6. n. 3. p. 428.</item>
                  <item>The Judges do by their sentences best
convey the notice of a custome. <hi>ib.</hi>
                  </item>
               </list>
               <list>
                  <head>Judgment.</head>
                  <item>Three degrees of practical Judgment.</item>
                  <item>l. 1. c. 2. r. 4. n. 1. p. 62.</item>
                  <item>The virtual Judgment, that is a na<g ref="char:EOLhyphen"/>tural
inclination passing forth into habit
or custom, is not a state of good, by
which one is acceptable to God.</item>
                  <item>ibid. n. 6. p. 63.</item>
                  <item>This disposition secures not against
temptation. <hi>ibid. p.</hi> 63.</item>
                  <item>A formal Judgment, that is, delib<g ref="char:EOLhyphen"/>ration
of the understanding and choice
of the will, is required to the constitu<g ref="char:EOLhyphen"/>tion
of a right and sure Conscience.</item>
                  <item>ibid. n. 7. p. 64.</item>
                  <item>The <hi>Judicial</hi> Law of Moses is annul<g ref="char:EOLhyphen"/>led.
<hi>l.</hi> 2. <hi>c.</hi> 2. <hi>r.</hi> 3. <hi>n.</hi> 1. <hi>p.</hi> 286.</item>
                  <item>Lex <hi>Julis.</hi> l. 3. c. 2. r. 7. n. 7. p. 118.</item>
                  <item>
                     <hi>Jussio</hi> and <hi>Mandatum,</hi> how distin<g ref="char:EOLhyphen"/>guished.
<hi>l.</hi> 4. <hi>c.</hi> 1. <hi>r.</hi> 2. <hi>n.</hi> 7. <hi>p.</hi> 458.</item>
                  <item>Whatsoever is against charity cannot
be the effect of <hi>Justice.</hi>
                  </item>
                  <item>l. 3. c. 2. r. 1. n. 5. p. 54.</item>
                  <item>That saying of <hi>Justin Martyr</hi> expli<g ref="char:EOLhyphen"/>cated,
<gap reason="foreign">
                        <desc>〈 in non-Latin alphabet 〉</desc>
                     </gap>.</item>
                  <item>l. 2. c. 2. r. 4. n. 10. p. 322.</item>
               </list>
               <list>
                  <head>Jurisdiction.</head>
                  <item>Of the word. <hi>l.</hi> 3. <hi>c.</hi> 4. <hi>r.</hi> 1. <hi>n.</hi> 5. <hi>p.</hi> 213.</item>
                  <item>It includes Empire. <hi>ib.</hi>
                  </item>
                  <item>S. Chrysostom proves the office of a
Bishop to be more difficult then that of
a King, because it hath no jurisdiction.</item>
                  <item>ibid. n. 7. p. 214.</item>
                  <item>The High priest under the Law of
Moses had a proper formal Jurisdiction,
which the Christian Church hath not.</item>
                  <item>ibid. n. 8. p. 215.</item>
                  <item>The Apostles did exercise jurisdiction,
but it was in an extraordinary and mi<g ref="char:EOLhyphen"/>raculous
way. <hi>ibid. n.</hi> 9. <hi>p.</hi> 216.</item>
                  <item>The Church hath an analogical Ju<g ref="char:EOLhyphen"/>risdiction.
<hi>ibid. n.</hi> 11. <hi>p.</hi> 217.</item>
                  <item>How the power of the Keys differs
from proper Jurisdiction.</item>
                  <item>ibid. n. 13. p. 217.</item>
                  <item>There is no Jurisdiction in the pow<g ref="char:EOLhyphen"/>er
of the Keys. <hi>ibid. n.</hi> 14. <hi>p.</hi> 218.</item>
                  <item>To deny the Sacrament to the un<g ref="char:EOLhyphen"/>worthy
is not an act of Jurisdiction
but Charity. <hi>l.</hi> 3. <hi>c.</hi> 4. <hi>r.</hi> 7. <hi>n.</hi> 10. <hi>p.</hi> 243.</item>
                  <item>
                     <hi>Incorporalia</hi> sunt individua.</item>
                  <item>Pref. pag. 12.</item>
               </list>
            </div>
            <div n="K" type="part">
               <pb n="544" facs="tcp:58903:583"/>
               <head>K.</head>
               <list>
                  <item>
                     <gap reason="foreign">
                        <desc>〈 in non-Latin alphabet 〉</desc>
                     </gap>, what it means.</item>
                  <item>l. 3. c. 3. r. 1. n. 5. p. 133.</item>
               </list>
               <list>
                  <head>Keys.</head>
                  <item>Of the power of the Keys.</item>
                  <item>l. 3. c. 4. r. 1. n. 11. p. 217.</item>
                  <item>Wherein the power of the Keys dif<g ref="char:EOLhyphen"/>fers
from proper jurisdiction.</item>
                  <item>ibid. n. 13. p. 217.</item>
                  <item>If they are not rightly used they
neither bind nor lose. <hi>ibid.</hi>
                  </item>
                  <item>There is no jurisdiction in the power
of the Keys. <hi>ibid. n.</hi> 14. <hi>p.</hi> 219.</item>
                  <item>That power is only a suspension of
their own act by Ecclesiastics.</item>
                  <item>ibid. n. 15. p. 219.</item>
               </list>
               <list>
                  <head>Kill.</head>
                  <item>The reason why it is lawfull to kill
a man in my own defence.</item>
                  <item>l. 1. c. 5. r. 8. n. 38. p. 206.</item>
                  <item>The Commandment that forbids to
kill is not broken by the Authors of a
just war, nor execution upon Malefa<g ref="char:EOLhyphen"/>ctors.
<hi>l.</hi> 3. <hi>c.</hi> 2. <hi>r.</hi> 1. <hi>n.</hi> 18. <hi>p.</hi> 59.</item>
               </list>
               <list>
                  <head>King.</head>
                  <item>The Edicts of Kings are by Gratian
put among the Laws of the Church.</item>
                  <item>l. 3. c. 3. r. 5. n. 4. p. 175.</item>
                  <item>The Gallican Church is ruled by
those Laws Ecclesiastical that their
Kings have made.</item>
                  <item>l. 3. c. 3. r. 5. n. 7. p. 177.</item>
                  <item>Instances to prove that the Ecclesia<g ref="char:EOLhyphen"/>stics
are under the jurisdiction of the Ci<g ref="char:EOLhyphen"/>vil
or Kingly power.</item>
                  <item>l. 3. c. 3. r. 6. n. 3. p. 179.</item>
                  <item>What is to be done when the com<g ref="char:EOLhyphen"/>mand
of the King and Bishop enterfere.</item>
                  <item>ibid. n. 26. p. 192.</item>
                  <item>A King that commands to the Guard
is to be obeyed before a Bishop that
commands to goe to Divine service.</item>
                  <item>ibid. n. 27. p. 193.</item>
                  <item>In external actions the command of
the King is to be obeyed before the
command of the Church. <hi>ibid.</hi>
                  </item>
                  <item>The King hath jurisdiction in cau<g ref="char:EOLhyphen"/>ses
internal and spiritual.</item>
                  <item>ibid. r. 7. n. 2. p. 200.</item>
                  <item>The King is by God appointed to be
an Overseer, Governour, Father and
Protector over his Church.</item>
                  <item>l. 3. c. 3. r. 7. n. 6. p. 202.</item>
                  <item>The King ought to determine what
doctrines are to be taught the people, and
what are to be forbidden.</item>
                  <item>ibid. n. 13. p. 205.</item>
                  <item>Every article of Religion that the
King allows is not to be accounted a
part of the true religion. <hi>ib. n.</hi> 16. <hi>p.</hi> 207.</item>
                  <item>The King must govern the Church
by Church-men.</item>
                  <item>l. 3. c. 3. r. 8. n. 1, 2. p. 208.</item>
                  <item>Good Kings use to verifie the judicial
acts of the Church. <hi>ib. n.</hi> 3. <hi>p.</hi> 208.</item>
                  <item>but freely, not by necessity.</item>
                  <item>ibid. n. 4, 6. p. 209, 210.</item>
                  <item>Kings are not bound to execute the
Decrees of the Church.</item>
                  <item>l. 3. c. 3. r. 8. n. 5. p. 209.</item>
                  <item>The difference between the Kingly
and Ecclesiastical power.</item>
                  <item>l. 3. c. 4. r. 1. n. 1. p. 211.</item>
                  <item>Kings obey the Laws of the Church.</item>
                  <item>l. 3. c. 4. r. 6. n. 1. p. 237. &amp;n. 5. p. 239.</item>
                  <item>The Example of Kings prevails much.</item>
                  <item>l. 3. c. 4. r. 6. n. 4. p. 238.</item>
                  <item>In what manner Kings were bound
by the Canons of the Church under
the old Testament. <hi>ib. n.</hi> 6. <hi>p.</hi> 240.</item>
                  <item>A King cannot be excommunicated.</item>
                  <item>l. 3. c. 4. r. 7. n. 3. p. 241.</item>
                  <item>The Primitive Bishops never durst
think of excommunicating Kings.</item>
                  <item>ibid. n. 7. p. 242.</item>
                  <item>The Church may deny the Sacra<g ref="char:EOLhyphen"/>ment
to evil Kings.</item>
                  <item>l. 3. c. 4. r. 7. n. 10. p. 243.</item>
                  <item>The King though unworthy must
not be denied the Sacrament, if he be
instant for it. <hi>ibid.</hi>
                  </item>
                  <item>A Church-man though an Apostle
must be subject to the King.</item>
                  <item>l. 3. c. 3. r. 6. n. 1. p. 178.</item>
                  <item>Penances cannot be inflicted on the
King against his will.</item>
                  <item>l. 3. c. 4. r. 7. n. 12. p. 244.</item>
                  <item>Some Kings have received hurt by
such Penances. <hi>ibid. n.</hi> 13. <hi>p.</hi> 245.</item>
                  <item>Kings may not be publicly reprov'd.</item>
                  <item>ibid. n. 14. p. 245.</item>
                  <item>The old Prophets did, but mere
Priests never did reprove Kings.</item>
                  <item>ibid. n. 16. p. 246.</item>
                  <item>How Bishops and Ministers should
carry themselves in the reproof of Kings.</item>
                  <item>ibid. n. 18. p. 246.</item>
                  <item>The King nor the people cannot be
excommunicated. <hi>l.</hi> 3. <hi>c.</hi> 4. <hi>r.</hi> 8. <hi>n.</hi> 7. <hi>p.</hi> 250.</item>
                  <item>The Hebrew Kings had power to
cause the Malefactors body to hang all
night on the tree, though the Laws
forbid it, say the Rabbins.</item>
                  <item>l. 3. c. 6. r. 1. n. 16. p. 405.</item>
                  <item>A King may be either more severe or
more gentle then the Law.</item>
                  <item>ib. r. 2. n. 3. p. 408.</item>
                  <item>He is <hi>Dominus Legum,</hi> and therefore
may intervene between Equity and
strictness by Interpretation. <hi>ibid.</hi>
                  </item>
                  <item>S. Chrysostom proves the office of a
Bishop is more difficult then that of a
King. <hi>l.</hi> 3. <hi>c.</hi> 4. <hi>r.</hi> 1. <hi>n.</hi> 7. <hi>p.</hi> 214.</item>
                  <item>Difference between a King and Ty<g ref="char:EOLhyphen"/>rant.
<hi>l.</hi> 3. <hi>c.</hi> 1. <hi>r.</hi> 3. <hi>n.</hi> 5. <hi>p.</hi> 34. &amp;
<hi>l.</hi> 3. <hi>c.</hi> 3. <hi>r.</hi> 1. <hi>n.</hi> 1. <hi>p.</hi> 130.</item>
                  <item>The power of Kings.</item>
                  <item>l. 3. c. 3. r. 1. n. 3. p. 132.</item>
                  <item>Though they have an absolute pow<g ref="char:EOLhyphen"/>er,
they may not use it. <hi>ib. n.</hi> 4. <hi>p.</hi> 132.</item>
                  <item>Their power is absolute in doing right,
not in doing wrong; their power of go<g ref="char:EOLhyphen"/>vernment
is absolute, not their power of
possession. <hi>ib. n.</hi> 5. <hi>p.</hi> 133.</item>
                  <item>The difference between a King and
Lord of the people. <hi>ibid.</hi>
                  </item>
                  <item>What is <hi>Jus Regium?</hi>
                  </item>
                  <item>l. 3. c. 3. r. 1. n. 7. p. 135.</item>
                  <item>A consideration upon the power of
Kings as it is described by Samuel.</item>
                  <item>l. 3. c. 3. r. 1. n. 7, 8. p. 135.</item>
                  <item>Whether Kings are subject to their
own Laws. <hi>l.</hi> 3. <hi>c.</hi> 3. <hi>r.</hi> 2. <hi>n.</hi> 1. <hi>p.</hi> 138.</item>
                  <item>Kings are not under the directive pow<g ref="char:EOLhyphen"/>er
of Laws. <hi>ibid. n.</hi> 2. <hi>p.</hi> 138.</item>
                  <item>They are not under the fear of their
Laws. <hi>ibid. n.</hi> 5. <hi>p.</hi> 139.</item>
                  <item>They are obliged by the Laws of God
and nature. <hi>ibid. n.</hi> 6. <hi>p.</hi> 141.</item>
                  <item>A King may not command his Sub<g ref="char:EOLhyphen"/>jects
to fight in an unjust cause.</item>
                  <item>ibid. n. 7. p. 142.</item>
                  <item>Their Laws must not be neglected
upon the opinion of every vain person.</item>
                  <item>ibid. n. 8. p. 142.</item>
                  <item>Some Laws bind the Prince.</item>
                  <item>ibid. n. 10. p. 142.</item>
                  <item>Whatsoever the King hath sworn to,
obliges him. <hi>ibid. n.</hi> 13. <hi>p.</hi> 143.</item>
                  <item>Of the Oath which Kings take.</item>
                  <item>ibid. n. 14. p. 144.</item>
                  <item>Of the Kingly prerogative.</item>
                  <item>ibid. n. 16. p. 145.</item>
                  <item>The King can give pardon to a Cri<g ref="char:EOLhyphen"/>minal
condemned. <hi>ibid. n.</hi> 18. <hi>p.</hi> 146.</item>
                  <item>Clemency a great vertue in a King.</item>
                  <item>ibid.</item>
                  <item>In what cases a King may pardon a
Criminal condemned. <hi>ibid. n.</hi> 19. p. 147.</item>
                  <item>It is not lawful in any cases to resist
the King. <hi>l.</hi> 3. <hi>c.</hi> 3. <hi>r.</hi> 3. <hi>n.</hi> 1. <hi>p.</hi> 149.</item>
                  <item>per tot. reg.</item>
                  <item>A King, though wicked, must not be
resisted. <hi>l.</hi> 3. <hi>c.</hi> 3. <hi>r.</hi> 3. <hi>n.</hi> 13. <hi>p.</hi> 156.</item>
                  <item>A King cannot be supposed to have a
desire to destroy his Kingdome.</item>
                  <item>ibid. n. 15. p. 157.</item>
                  <item>A Christian must not seek revenge
upon, nor resist his Father or King.</item>
                  <item>ibid. n. 16. p. 158.</item>
                  <item>A King must not, because no subject
does, forfeit his right in his estate by his
vices. <hi>l.</hi> 3. <hi>c.</hi> 3. <hi>r.</hi> 3. <hi>n.</hi> 17. <hi>p.</hi> 159.</item>
                  <item>The King hath no power over his
Subjects against Law, so neither the
Subject over his King. <hi>ibid.</hi>
                  </item>
                  <item>Arguments brought to prove the Pope
hath power over Kings.</item>
                  <item>l. 3. c. 3. r. 4. n. 4. p. 161.</item>
                  <item>Kings are Governours of religion.</item>
                  <item>ibid. n. 7. p. 163.</item>
                  <item>Attalus in making the State of Rome
his Heir, together with the Kingly pow<g ref="char:EOLhyphen"/>er
bequeathed the power over things sa<g ref="char:EOLhyphen"/>cred.
<hi>ibid.</hi>
                  </item>
                  <item>Religion being the great band of soci<g ref="char:EOLhyphen"/>eties
must be under the government of
the King. <hi>l.</hi> 3. <hi>c.</hi> 3. <hi>r.</hi> 4. <hi>n.</hi> 8. <hi>p.</hi> 164.</item>
                  <item>The King without the conduct of re<g ref="char:EOLhyphen"/>ligion
in many exigencies cannot go<g ref="char:EOLhyphen"/>vern
his people. <hi>ibid. n.</hi> 9. <hi>p.</hi> 165.</item>
                  <item>If the Priests rule religion, they may
be superiour to the King. <hi>ib. n.</hi> 10. <hi>p.</hi> 166.</item>
                  <item>Examples of Kings and Princes that
have been put out of their thrones by a
pretended Ecclesiastical power.</item>
                  <item>ibid. n. 11. p. 166.</item>
                  <item>Ancient Kings would not endure any
change in religion. <hi>ibid. n.</hi> 13. <hi>p.</hi> 167.</item>
                  <item>Kings are the vicegerents of Christ.</item>
                  <item>ibid. n. 19. p. 170.</item>
                  <item>
                     <pb n="545" facs="tcp:58903:583"/>
The Jewish Kings were superiour in
power to the Priests in matter of religi<g ref="char:EOLhyphen"/>on.
<hi>l.</hi> 3. <hi>c.</hi> 3. <hi>r.</hi> 4. <hi>n.</hi> 20. <hi>p.</hi> 173.</item>
                  <item>Christ will call Christian Kings to
account for Souls. <hi>ibid. n.</hi> 21. <hi>p.</hi> 173.</item>
                  <item>Kings have a Legislative power in
the matters of religion.</item>
                  <item>l. 3. c. 3. r. 5. n. 1. p. 174.</item>
                  <item>Kings may compell their Subjects to
serve God. <hi>ibid. n.</hi> 3. <hi>p.</hi> 174.</item>
                  <item>Those matters are under the power of
the King which God hath left under
no Commandment, <hi>viz.</hi> Church-af<g ref="char:EOLhyphen"/>fairs.
<hi>ibid. n.</hi> 4. <hi>p.</hi> 174.</item>
               </list>
               <list>
                  <head>Kinred.</head>
                  <item>The Canon and Civil Law account
not the distance of Kinred in the same
manner. <hi>l.</hi> 2. <hi>c.</hi> 2. <hi>r.</hi> 3. <hi>n.</hi> 67. <hi>p.</hi> 313.</item>
                  <item>those reasons considered which men
invent for the restraint of those mar<g ref="char:EOLhyphen"/>riages
which God restrains not.</item>
                  <item>ibid. n. 75. p. 315.</item>
               </list>
               <list>
                  <head>Know.</head>
                  <item>Every Knowing facultie is the seat
of Conscience. <hi>l.</hi> 1. <hi>c.</hi> 1. <hi>r.</hi> 2. <hi>n.</hi> 4. <hi>p.</hi> 13.</item>
                  <item>How little certainty there is in hu<g ref="char:EOLhyphen"/>mane
discourses. <hi>l.</hi> 1. <hi>c.</hi> 2. <hi>r.</hi> 6. <hi>n.</hi> 7. <hi>p.</hi> 74.</item>
               </list>
            </div>
            <div n="L" type="part">
               <head>L.</head>
               <list>
                  <head>Law.</head>
                  <item>IN what sense the mind of the Law<g ref="char:EOLhyphen"/>giver
is to be the measure of inter<g ref="char:EOLhyphen"/>pretation.
<hi>l.</hi> 3. <hi>c.</hi> 6. <hi>r.</hi> 1. <hi>n.</hi> 3. <hi>p.</hi> 399.</item>
                  <item>by the reasons and causes of the Law
we may judge of the intention of the
Lawgiver. <hi>ibid.</hi>
                  </item>
                  <item>the Law is broken when the words are
obeyed, if you violate the end or mea<g ref="char:EOLhyphen"/>ning
of it. <hi>ibid. n.</hi> 4. <hi>p.</hi> 400.</item>
                  <item>If the intention of the Law be col<g ref="char:EOLhyphen"/>lected
but obscurely, the obscure words
are rather to be followed then the ob<g ref="char:EOLhyphen"/>scure
intention. <hi>ibid. n.</hi> 5. <hi>p.</hi> 400.</item>
                  <item>unless it be manifest the words recede
from the intention, the Subject is to fol<g ref="char:EOLhyphen"/>low
the words. <hi>ibid. n.</hi> 6. <hi>p.</hi> 400.</item>
                  <item>Words of Civil and Legal significa<g ref="char:EOLhyphen"/>tion
in Laws must not signifie according
to Grammar, but Law.</item>
                  <item>l. 3. c. 6. r. 1. n. 8. p. 401.</item>
                  <item>That is the meaning of words in
the Law, that does the work of the Law.</item>
                  <item>ibid. n. 11. p. 402.</item>
                  <item>In all Laws and obligations of
Conscience by contract, when any
doubt arises, we are to rest upon that
which is most likely and most usual.</item>
                  <item>ibid. n. 12. p. 404.</item>
                  <item>Of the favourable sense of Laws.</item>
                  <item>ib. n. 12, 13, 14, 15, 16. p. 404, 405.</item>
                  <item>Of the favourable interpretation of
Laws in inflicting punishments.</item>
                  <item>ibid. n. 16. p. 405.</item>
                  <item>When a Lawgiver interprets his Law
he does not take off the obligation, but
remove it. <hi>l.</hi> 3. <hi>c.</hi> 6. <hi>r.</hi> 2. <hi>n.</hi> 2. <hi>p.</hi> 408.</item>
                  <item>Rules to know when the obligation
of Laws ceaseth upon the change of rea<g ref="char:EOLhyphen"/>son.
<hi>l.</hi> 3. <hi>c.</hi> 6. <hi>r.</hi> 3. <hi>n.</hi> 6. <hi>p.</hi> 412.</item>
                  <item>How the obligation of a Law may be
extended by parity of reason.</item>
                  <item>ibid. n. 26. p. 420.</item>
                  <item>Ratio L<gap reason="illegible" resp="#TECH" extent="1 letter">
                        <desc>•</desc>
                     </gap>gis non est Lex.</item>
                  <item>ibid. n. 27. p. 420.</item>
                  <item>Laws cannot by interpretation be ex<g ref="char:EOLhyphen"/>tended
to the time past. <hi>ibid. n.</hi> 30. <hi>p.</hi> 422.</item>
                  <item>Cum Lex in praeteritum quid indul<g ref="char:EOLhyphen"/>get,
in futurum vetat. ibid.</item>
                  <item>It is not safe to enquire after the rea<g ref="char:EOLhyphen"/>son
of a Law, unless the Law it self de<g ref="char:EOLhyphen"/>clare
it. <hi>l.</hi> 3. <hi>c.</hi> 6. <hi>r.</hi> 3. <hi>n.</hi> 33. <hi>p.</hi> 422.</item>
                  <item>Of the Abrogation of Laws.</item>
                  <item>ibid. r. 7. p. 431.</item>
                  <item>Difference between Moses Law and
the Gospel.</item>
                  <item>l. 4. c. 1. r. 1. n. 24. p. 450. &amp; l. 2.
c. 2. r. 5. p. 324.</item>
                  <item>when the authority of Lawyers is to
be followed. <hi>l.</hi> 1. <hi>c.</hi> 4. <hi>r.</hi> 10. <hi>n.</hi> 5. <hi>p.</hi> 165.</item>
                  <item>The Actions of men living under a<g ref="char:EOLhyphen"/>nother
Law are not to be measured by
Laws of a differing government.</item>
                  <item>l. 1. c. 5. r. 8. n. 30. p. 202.</item>
                  <item>Quod licitum est ex superveniente
causa mutatur. l. 2. c. 1. r. 10. n. 5. p. 270.</item>
                  <item>Quod L<gap reason="illegible" resp="#TECH" extent="1 letter">
                        <desc>•</desc>
                     </gap>ge prohibitoria non veti<g ref="char:EOLhyphen"/>tum
est, permissum esse intelligitur.</item>
                  <item>l. 2. c. 2. r. 3. n. 45. p. 304.</item>
                  <item>Fac Legi tuae sepem.</item>
                  <item>l. 2. c. 2. r. 3. n. 68. p. 313.
&amp; supra p. 304.</item>
                  <item>It is a new Law, though old in the
letter, if a new degree of duty be requi<g ref="char:EOLhyphen"/>red.
<hi>l.</hi> 2. <hi>c.</hi> 2. <hi>r.</hi> 4. <hi>n.</hi> 4. <hi>p.</hi> 320.</item>
                  <item>To forbid evil and command to
doe good cannot be one precept.</item>
                  <item>ibid. n. 8. p. 321.</item>
                  <item>whatsoever is absolutely is certainly
Lawfull. <hi>l.</hi> 2. <hi>c.</hi> 2. <hi>r.</hi> 7. <hi>n.</hi> 21. <hi>p.</hi> 379.</item>
                  <item>Laws that are doubtfull are right<g ref="char:EOLhyphen"/>ly
interpreted by Example.</item>
                  <item>ibid. n. 44. p. 387.</item>
                  <item>A Lawgiver is not only he who gives
Laws, but he that authoritatively ex<g ref="char:EOLhyphen"/>pounds
them already given.</item>
                  <item>l. 2. c. 3. r. 1. n. 1. p. 389.</item>
                  <item>whatsoever is equivalent to the in<g ref="char:EOLhyphen"/>stance
of the Law, is also within its ob<g ref="char:EOLhyphen"/>ligation.
<hi>l.</hi> 2. <hi>c.</hi> 3. <hi>r.</hi> 3. <hi>n.</hi> 5. <hi>p.</hi> 399.</item>
                  <item>whatsoever can certainly and truly be
deduced from a Law, does as certainly
bind us as the instance that is named.</item>
                  <item>ibid. n. 9. p. 401.</item>
                  <item>The usefulness and original of Laws.</item>
                  <item>l. 3. c. 2. r. 6. n. 1. p. 107.</item>
                  <item>Christians must not go to Law but
upon very great cause.</item>
                  <item>ibid. n. 18. p. 115.</item>
                  <item>Neminem Legem sibi dicere posse, à
qua, mutata voluntate, nequeat recedere.</item>
                  <item>l. 3. c. 3. r. 6. n. 25. p. 192.</item>
                  <item>All Laws bind either by the natural
goodness of the action, or by its subser<g ref="char:EOLhyphen"/>viencie
to something else, or only by the
authority. <hi>l.</hi> 3. <hi>c.</hi> 4. <hi>r.</hi> 18. <hi>n.</hi> 6. <hi>p.</hi> 314.</item>
                  <item>Laws are either perfect or imperfect.</item>
                  <item>l. 3. c. 5. r. 8. n. 16. p. 388.</item>
                  <item>The meaning of Laws is to be re<g ref="char:EOLhyphen"/>garded
above their words.</item>
                  <item>l. 3. c. 6. r. 1. n. 1. p. 398.</item>
                  <item>Counsels Evangelical cannot be
made into Laws.</item>
                  <item>l. 3. c. 4. r. 20. n. 12. p. 330.</item>
               </list>
               <list>
                  <head>Laws Divine.</head>
                  <item>The end and Intention of a Law is
under the Commandment, as much as
the action commanded in order to the
end. <hi>l.</hi> 4. <hi>c.</hi> 2. <hi>r.</hi> 3. <hi>per tot.</hi>
                  </item>
                  <item>Difference between Moses Law and
the Gospel.</item>
                  <item>l. 4. c. 1. r. 1. n. 24. p. 450. &amp; l. <gap reason="illegible" resp="#TECH" extent="1 letter">
                        <desc>•</desc>
                     </gap>.
c. 2. r. 5. n. 4. p. 324.</item>
                  <item>When two Laws are opposite, that
which yields is not moral.</item>
                  <item>l. 2. c. 2. r. 6. n. 76. p. 371.</item>
                  <item>He does not alwaies keep a good
Conscience who observes only the words
of the Divine Law, and neglects the rea<g ref="char:EOLhyphen"/>sons
and analogies in like instances.</item>
                  <item>l. 1. c. 1. r. 1. n. 20. p. 8.</item>
                  <item>Some laws of God are such, that they
cannot be dispensed with.</item>
                  <item>l. 1. c. 5. r. 8. n. 35. p. 204.</item>
                  <item>Affirmative Laws oblige not when
they cross a Negative. <hi>ibid. p.</hi> 205.</item>
                  <item>The ground and measure of dispen<g ref="char:EOLhyphen"/>sing
with affirmative Laws. <hi>ibid.</hi>
                  </item>
                  <item>That in the Sanction of the Law of
God, the reason binds more then the
letter. <hi>l.</hi> 2. <hi>c.</hi> 1. <hi>r.</hi> 9. <hi>n.</hi> 15. <hi>p.</hi> 268.</item>
                  <item>Tertullian undertakes to find all the
moral Law in the first Commandment
God gave to Adam.</item>
                  <item>l. 2. c. 2. r. 4. n. 9. p. 321.</item>
                  <item>Gods method in giving of Laws.</item>
                  <item>ibid. n. 10. p. 322.</item>
                  <item>In all contracts of Laws the Spiritu<g ref="char:EOLhyphen"/>al
sense or action is to be preferred.</item>
                  <item>l. 2. c. 3. r. 5. n. 9. p. 409.</item>
                  <item>Difference between Laws and Counsels.</item>
                  <item>l. 2. c. 3. r. 12. n. 4. p. 450.</item>
                  <item>the measures and notes of their diffe<g ref="char:EOLhyphen"/>rence.
<hi>ibid. n.</hi> 10. <hi>p.</hi> 452.</item>
                  <item>In laws not only the contrary to the
duty, but the privative also is a sin.</item>
                  <item>ibid. n. 12. p. 453.</item>
                  <item>Whatsoever Law or precept in Scri<g ref="char:EOLhyphen"/>pture
relates wholly to a person, circum<g ref="char:EOLhyphen"/>stance
or time, passes no obligation be<g ref="char:EOLhyphen"/>yond
the limits of that person, circum<g ref="char:EOLhyphen"/>stance
or time. <hi>ibid. r.</hi> 17. <hi>n.</hi> 3. <hi>p.</hi> 541.</item>
                  <item>Whatsoever Law or Precept was given
to many, if another succeeded it that is
inconsistent with it, the former is by the
latter declar'd personal, temporary and
expir'd. <hi>l.</hi> 2. <hi>c.</hi> 3. <hi>r.</hi> 17. <hi>n.</hi> 4. <hi>p.</hi> 541.</item>
                  <item>A Law that is merely temporary may
be inserted without any mark of diffe<g ref="char:EOLhyphen"/>rence
among other Laws that are perpe<g ref="char:EOLhyphen"/>tual
and moral. <hi>ibid. n.</hi> 5. <hi>p.</hi> 541.</item>
                  <item>We are free from the curse of the Law
by Christ. <hi>l.</hi> 3. <hi>c.</hi> 1. <hi>r.</hi> 1. <hi>n.</hi> 28. <hi>p.</hi> 18.</item>
                  <item>We are freed from the Ceremonial
Law by Christ. <hi>ibid.</hi>
                  </item>
                  <item>The Difference of Divine and Hu<g ref="char:EOLhyphen"/>mane
Laws in their obligation.</item>
                  <item>l. 3. c. 1. r. 1. n. 34. p. 23.</item>
                  <item>The Laws of God in precepts purely
affirmative do not oblige to an actual
obedience in danger of death.</item>
                  <item>l. 3. c. 1. r. 2. n. 8. p. 27.</item>
                  <item>
                     <pb n="546" facs="tcp:58903:584"/>
They that teach any thing is a Law
of God which is not, are guilty of
teaching the Commandments of men
for doctrines. <hi>l.</hi> 3. <hi>c.</hi> 4. <hi>r.</hi> 17. <hi>n.</hi> 13. <hi>p.</hi> 305.</item>
                  <item>Laws that are the <gap reason="foreign">
                        <desc>〈 in non-Latin alphabet 〉</desc>
                     </gap> of
duty. <hi>l.</hi> 3. <hi>c.</hi> 4. <hi>r.</hi> 6. <hi>n.</hi> 4. <hi>p.</hi> 239.</item>
               </list>
               <list>
                  <head>Laws Humane. Of Equity in Penal Laws.</head>
                  <item>
                     <hi>l.</hi> 3. <hi>c.</hi> 6. <hi>r.</hi> 1. <hi>n.</hi> 2. <hi>p.</hi> 399.</item>
                  <item>When the words of the Law are am<g ref="char:EOLhyphen"/>biguous,
unjust or absurd, the mind of
the Lawgiver is to be presumed to be
free from all evill or vice.</item>
                  <item>
                     <hi>ibid. n.</hi> 4. <hi>p.</hi> 399.</item>
                  <item>In all Laws and obligations of Con<g ref="char:EOLhyphen"/>science
by contract, when any doubt
arises, we are to rest upon that which is
most likely and most usual.</item>
                  <item>
                     <hi>l.</hi> 3. <hi>c.</hi> 6. <hi>r.</hi> 1. <hi>n.</hi> 12. <hi>p.</hi> 404.</item>
                  <item>Of the favourable interpretation of
Laws in inflicting punishments.</item>
                  <item>
                     <hi>l.</hi> 3. <hi>c.</hi> 6. <hi>r.</hi> 1. <hi>n.</hi> 16. <hi>p.</hi> 405.</item>
                  <item>When a Lawgiver interprets his Law,
he does not take off the obligation but
remove it. <hi>l.</hi> 3. <hi>c.</hi> 6. <hi>r.</hi> 2. <hi>n.</hi> 2. <hi>p.</hi> 408.</item>
                  <item>A Prince may be either more severe
or more gentle then the Law.</item>
                  <item>
                     <hi>ibid. n.</hi> 3.</item>
                  <item>The Laws are not to be bended by in<g ref="char:EOLhyphen"/>terpretation,
but upon great and just
causes. <hi>l.</hi> 3. <hi>c.</hi> 6. <hi>r.</hi> 2. <hi>n.</hi> 5. <hi>p.</hi> 409.</item>
                  <item>The Interpretation of Laws made
by the Judges is nothing of Empire
and power. <hi>ibid. n.</hi> 7. <hi>p.</hi> 410.</item>
                  <item>A Law obliges not the Conscience,
when its reason wholly ceaseth, or a con<g ref="char:EOLhyphen"/>trary
reason ariseth.</item>
                  <item>
                     <hi>l.</hi> 3. <hi>c.</hi> 6. <hi>r.</hi> 3. <hi>n.</hi> 1. <hi>p.</hi> 411.</item>
                  <item>Rules to know when the obligation
of Laws ceaseth upon the change of
reason. <hi>l.</hi> 3. <hi>c.</hi> 6. <hi>r.</hi> 3. <hi>n.</hi> 6. <hi>p.</hi> 412.</item>
                  <item>A Law binds not to an inconveni<g ref="char:EOLhyphen"/>ence
greater then is the publick benefit
of the Law. <hi>ibid. n.</hi> 15. <hi>p.</hi> 416.</item>
                  <item>In what cases the Subject is to consult
the Prince about the ceasing obligation
of Laws. <hi>l.</hi> 3. <hi>c.</hi> 6. <hi>r.</hi> 3. <hi>n.</hi> 19. <hi>p.</hi> 417.</item>
                  <item>Of commutation of Laws.</item>
                  <item>l. 3. c. 6. r. 5. p. 426.</item>
                  <item>A Law may be interpreted by cu<g ref="char:EOLhyphen"/>stomes.
<hi>l.</hi> 3. <hi>c.</hi> 6. <hi>r.</hi> 6. <hi>n.</hi> 3. <hi>p.</hi> 428.</item>
                  <item>Judged cases are a good indication of
the meaning of a Law. <hi>ibid.</hi>
                  </item>
                  <item>Humane Laws bind the Conscience.</item>
                  <item>l. 3. c. 1. r. 1.</item>
                  <item>Rules by which may be known, what
Humane Laws are intended to bind to
a greater sin and what to a less.</item>
                  <item>l. 3. c. 1. r. 1. n. 16. p. 10.</item>
                  <item>Humane Laws bind the Conscience
in things otherwise indifferent.</item>
                  <item>l. 3. c. 1. r. 1. n. 13. p. 7.</item>
                  <item>They bind without the intention of
the Lawgiver. <hi>ibid. n.</hi> 14. <hi>p.</hi> 8.</item>
                  <item>But the intention of the Lawgiver is
the measure of their binding.</item>
                  <item>ibid. n. 15. p. 9.</item>
                  <item>Laws sometime made in England pro<g ref="char:EOLhyphen"/>fessing
not to bind the Conscience.</item>
                  <item>ibid. n. 14. p. 9.</item>
                  <item>Of the end and intention of Hu<g ref="char:EOLhyphen"/>mane
Laws. <hi>l.</hi> 4. <hi>c.</hi> 2. <hi>r.</hi> 3. <hi>n.</hi> 4.</item>
                  <item>The abuse of a Law does not make
it to cease. <hi>l.</hi> 3. <hi>c.</hi> 6. <hi>r.</hi> 7. <hi>n.</hi> 5. <hi>p.</hi> 433.</item>
                  <item>No Humane Law is or can be the
rule of our obedience.</item>
                  <item>l. 1. c. 1. r. 1. n. 20. p. 8.</item>
                  <item>Humane Laws make not any action
intrinsecally evil.</item>
                  <item>l. 1. c. 3. r. 5. n. 6. p. 113.</item>
                  <item>Of tolerating disobedience to Laws.</item>
                  <item>l. 2. c. 2. r. 7. n. 12. p. 376.</item>
                  <item>Humane Laws can exact but the
outward action.</item>
                  <item>l. 2. c. 3. r. 5. n. 2. p. 405.</item>
                  <item>Laws of man do limit and declare
and make the instances, in which the
Laws of God do bind.</item>
                  <item>l. 3. c. 1. r. 1. n. 12. p. 7.</item>
                  <item>The Laws of men bind the Consci<g ref="char:EOLhyphen"/>ence
even <hi>in materia indifferenti.</hi>
                  </item>
                  <item>l. 3. c. 1. r. 1. n. 13. p. 7.</item>
                  <item>Humane Laws are neither derived
from the Divine positive Law nor that
of nature. <hi>l.</hi> 3. <hi>c.</hi> 1. <hi>r.</hi> 1. <hi>n.</hi> 13. <hi>p.</hi> 8.</item>
                  <item>The obligation which Humane Laws
pass upon the Conscience depend not
upon the intention of the Lawgiver.</item>
                  <item>l. 3. c. 1. r. 1. n. 14. p. 9.</item>
                  <item>A Law that professes not to bind the
Conscience is no Law. <hi>ibid.</hi>
                  </item>
                  <item>Though Humane Laws doe not
bind the Conscience by the intention
of the Prince, yet God binds them up<g ref="char:EOLhyphen"/>on
the Conscience according to his in<g ref="char:EOLhyphen"/>tention.
<hi>ibid. n.</hi> 15.</item>
                  <item>The Laws of men bind the Consci<g ref="char:EOLhyphen"/>ence
properly and directly: not indi<g ref="char:EOLhyphen"/>rectly
and by consequence.</item>
                  <item>ibid. n. 15. p. 10.</item>
                  <item>He that breaks a Humane Law esta<g ref="char:EOLhyphen"/>blished
upon great penalties commits a
great sin. <hi>ibid. n.</hi> 16. <hi>p.</hi> 10.</item>
                  <item>That Rule holds not, where the pe<g ref="char:EOLhyphen"/>naltie
serves only for terrour. <hi>ibid.</hi>
                  </item>
                  <item>Humana Lex non magis gravat Con<g ref="char:EOLhyphen"/>sciencias
quam corpora. ibid.</item>
                  <item>How Humane Laws do bind where
the matter in it self is great.</item>
                  <item>l. 3. c. 1. r. 1. n. 17. p. 11.</item>
                  <item>Of Laws in themselvs small and tri<g ref="char:EOLhyphen"/>fling,
but by the consequence made very
considerable. <hi>ibid. n.</hi> 18. <hi>p.</hi> 11.</item>
                  <item>When Law expounds an action to be
a Sin of signifie one, though in it self it
doe not, nor in the heart of him that
does it, he that does it sins. <hi>ibid. p.</hi> 12.</item>
                  <item>If the matter of a Law be of small
account, and the Legislative power set a
value upon it, it is no argument of the
smallness of the sin. <hi>ibid. n.</hi> 18. <hi>p.</hi> 13.</item>
                  <item>The preceptive or prohibitive words,
what they signifie in Humane Laws
toward a greater obligation of the Con<g ref="char:EOLhyphen"/>science.
<hi>l.</hi> 3. <hi>c.</hi> 1. <hi>r.</hi> 1. <hi>n.</hi> 20. <hi>p.</hi> 14.</item>
                  <item>However Humane Laws are esta<g ref="char:EOLhyphen"/>blished,
yet Desuetude may take off the
band of Conscience. <hi>ibid. n.</hi> 21. <hi>p.</hi> 14.</item>
                  <item>The contempt of any Law, be the
matter never so trifling, is a very great
sin. <hi>ibid. n.</hi> 22. <hi>p.</hi> 15.</item>
                  <item>To teach that Humane Laws bind
the Conscience, intrenches not upon the
power of God. <hi>l.</hi> 3. <hi>c.</hi> 1. <hi>r.</hi> 1. <hi>n.</hi> 25. <hi>p.</hi> 16.</item>
                  <item>Humane Laws may lay on us an ob<g ref="char:EOLhyphen"/>ligation
to observe ceremonies notwith<g ref="char:EOLhyphen"/>standing
our privilege of Christian Li<g ref="char:EOLhyphen"/>berty.
<hi>ibid. n.</hi> 28. <hi>p.</hi> 19.</item>
                  <item>The Difference of Divine and Hu<g ref="char:EOLhyphen"/>mane
Laws in their obligation.</item>
                  <item>ibid. n. 34. p. 23.</item>
                  <item>Humane Laws bind not the under<g ref="char:EOLhyphen"/>standing.
<hi>ibid. n.</hi> 35. <hi>p.</hi> 23.</item>
                  <item>Humane Laws must alwaies yield to
Divine where they are opposed.</item>
                  <item>ibid. n. 42. p. 24.</item>
                  <item>Humane Laws that are Defensatives
of Divine bind to active obedience too.</item>
                  <item>l. 3. c. 1. r. 2. n. 1. p. 26.</item>
                  <item>An Humane Law made under the
penalty of Death, binds to obedience
though Death certainly follow.</item>
                  <item>ibid. n. 12. p. 29.</item>
                  <item>When a Tyrant power threatens death
to make the obedient Subject contemn
the Law, the Subject ought rather to
die then disobey the Law.</item>
                  <item>ib. p. 13. <hi>p.</hi> 29.</item>
                  <item>Concerning breaking Laws to save
ones Life. <hi>ibid. n.</hi> 13. p. 30.</item>
                  <item>Laws that oblige to obedience in
danger of death must be <hi>in materia gra<g ref="char:EOLhyphen"/>vi.
ibid. n.</hi> 16. <hi>p.</hi> 3<gap reason="illegible" resp="#TECH" extent="1 letter">
                        <desc>•</desc>
                     </gap>.</item>
                  <item>Upon a just cause a man may without
a Crime break a Law, when by such a
transgression the end of the Law is not
hindred. <hi>ibid. n.</hi> 17. <hi>p.</hi> 31.</item>
                  <item>Of Humane-Laws that are unjust,
and how many waies they be so.</item>
                  <item>ibid. r. 3. n. 1. p. 32.</item>
                  <item>Humane Laws are unjust, if the
matter be incompetent and undue.</item>
                  <item>l. 3. c. 1. r. 3. n. 2. p. 32.</item>
                  <item>Where Humane Laws do oblige with
danger of death, they oblige not but to
the whole obedience of the Law.</item>
                  <item>ibid. r. 2. n. 17. p. 31.</item>
                  <item>Humane Laws are unjust, when
a lawfull power in a competent mat<g ref="char:EOLhyphen"/>ter
goes beyond its bounds.</item>
                  <item>ibid. r. 3. n. 4. p. 33.</item>
                  <item>All Humane Laws prescribing to the
Conscience or setting bounds to the
thoughts are null. <hi>ibid.</hi>
                  </item>
                  <item>Humane Laws are unjust when they
do not contribute to the publick good,
but wholly to his private good that made
the Law. <hi>l.</hi> 3. <hi>c.</hi> 1. <hi>r.</hi> 3. <hi>n.</hi> 5. <hi>p.</hi> 33.</item>
                  <item>The right end of Humane Laws is
the publick good. <hi>ibid.</hi>
                  </item>
                  <item>A Law that by the change of affairs
becomes contrary to the Common good
is not to be observed.</item>
                  <item>l. 3. c. 1. r. 3. n. 6. p. 35.</item>
                  <item>An unjust Law is not to be disobeyed
with scandall of others. <hi>ibid. n.</hi> 10. <hi>p.</hi> 36.</item>
                  <item>Cautious to be observed in disobey<g ref="char:EOLhyphen"/>ing
Humane Laws, that are unjust.</item>
                  <item>ibid.</item>
                  <item>A civil Law cannot evacuate a natu<g ref="char:EOLhyphen"/>rall.
<hi>l.</hi> 3. <hi>c.</hi> 1. <hi>r.</hi> 4. <hi>n.</hi> 3. <hi>p.</hi> 39.</item>
                  <item>Of the promulgation of Humane
Laws. <hi>l.</hi> 3. <hi>c.</hi> 1. <hi>r.</hi> 6. <hi>p.</hi> 45.</item>
                  <item>The care of sufficient promulgation
lies upon the Prince.</item>
                  <item>l. 3. c. 1. r. 6. n. 5. p. 45.</item>
                  <item>Laws have not their binding power
<pb n="547" facs="tcp:58903:584"/>
by the consent of the people.</item>
                  <item>l. 3. c. 1. r. 7. n. 4, 5. p. 47.</item>
                  <item>The consent of the people gives no
authority to the Law. <hi>ibid. n.</hi> 6. <hi>p.</hi> 48.</item>
                  <item>Unreasonable Laws in some instances
bind by the acceptation of the people.</item>
                  <item>ibid. n. 9. p. 49.</item>
                  <item>In the Substantial matters of religion
the Laws bind out of the Dominions,
but not in the Ceremonials of religion.</item>
                  <item>ibid. r. 8. n. 2. p. 50.</item>
                  <item>A Law does oblige beyond the pro<g ref="char:EOLhyphen"/>per
territory if it relate to the good or
evill of it. <hi>l.</hi> 3. <hi>c.</hi> 1. <hi>r.</hi> 8. <hi>n.</hi> 5. <hi>p.</hi> 51.</item>
                  <item>How far strangers are bound by the
Laws of the Countrey where they are.</item>
                  <item>ibid. r. 8. n. 7. p. 51.</item>
                  <item>A Sentence set down in the Law in
words of the Present or Preter tense,
shews the sentence is incurred <hi>ipso facto.</hi>
                  </item>
                  <item>l. 3. c. 2. r. 2. n. 28. p. 69.</item>
                  <item>What sentence those Laws are to
have where the punishment is expressed
by the verb Substantive.</item>
                  <item>ibid. n. 29. p. 69.</item>
                  <item>When a Law passes a sentence, which
will be invalid, unless its punishment
be inflicted before the Judge take Cog<g ref="char:EOLhyphen"/>nisance,
then the Offender is condem<g ref="char:EOLhyphen"/>ned
<hi>ipso facto. ibid. n.</hi> 32. <hi>p.</hi> 71.</item>
                  <item>Of the distinction of Laws. First,
purely penal. Secondly, mixed. Thirdly,
purely moral. <hi>l.</hi> 3. <hi>c.</hi> 2. <hi>r.</hi> 4. <hi>n.</hi> 2. <hi>p.</hi> 79.</item>
                  <item>Kings are not under the Directive
power of their own Laws.</item>
                  <item>l. 3. c. 3. r. 2. n. 2. p. 138.</item>
                  <item>The Supreme power is not under the
power of the Laws. <hi>ibid. n.</hi> 5. <hi>p.</hi> 139.</item>
                  <item>The Laws of Kings are not to be
disobeyed upon the Phancy of every vain
person, pretending they are unjust.</item>
                  <item>ibid. n. 8. p. 142.</item>
                  <item>Some Laws, and what they are, that
bind the Prince. <hi>ibid. n.</hi> 10. <hi>p.</hi> 142.</item>
                  <item>Humane Laws can take off from an
action or put upon it the formality of
sin. <hi>l.</hi> 3. <hi>c.</hi> 4. <hi>r.</hi> 18. <hi>n.</hi> 2. <hi>p.</hi> 313.</item>
               </list>
               <list>
                  <head>Laws of the Church.</head>
                  <item>God gave power to the Church by
their Laws to bind and loose, as Princes
have. <hi>l.</hi> 3. <hi>c.</hi> 1. <hi>r.</hi> 1. <hi>n.</hi> 16. <hi>p.</hi> 11.</item>
                  <item>A Law that inflicts a Civil and Ec<g ref="char:EOLhyphen"/>lesiastical
punishment too, binds to a
great sin. <hi>ibid. n.</hi> 19 <hi>p.</hi> 14.</item>
                  <item>The Canons of the Pope and Bishops
were made into Laws by the Emperour
Justinian. <hi>l.</hi> 3. <hi>c.</hi> 3. <hi>r.</hi> 5. <hi>n.</hi> 4. <hi>p.</hi> 175.</item>
                  <item>Honorius the Emperour made a Law
concerning the election of the Pope.</item>
                  <item>ibid. n. 5. p. 176.</item>
                  <item>The Laws of the Church after they
are ratified by the Prince, bind him as
the Civil Laws of his own making.</item>
                  <item>l. 3. c. 4. r. 6. n. 2. p. 238.</item>
                  <item>A Custome of the Church binds not
against a Law of it.</item>
                  <item>l. 3. c. 4. r. 15. n. 6. p. 290.</item>
                  <item>Laws of the Church must not be
perpetual. <hi>l.</hi> 3. <hi>c.</hi> 4. <hi>r.</hi> 17. <hi>n.</hi> 7. <hi>p.</hi> 303.</item>
                  <item>An Ecclesiastical Law, by which is
taught for Doctrines any Command<g ref="char:EOLhyphen"/>ments
of men is void.</item>
                  <item>l. 3. c. 4. r. 17. n. 13. p. 305.</item>
                  <item>Ecclesiastical Laws cannot take off or
put upon an action the formality of sin.</item>
                  <item>l. 3. c. 4. r. 18. n. 2. p. 313, 314.</item>
                  <item>Laws of the Church must not be
made to give offence.</item>
                  <item>l. 3. c. 4. r. 20. n. 9. p. 318.</item>
                  <item>How the Rulers of the Church and
the Subject must behave themselves in
that case. <hi>ibid.</hi>
                  </item>
                  <item>Counsels Evangelical cannot be
made into Laws. <hi>ibid. n.</hi> 12. <hi>p.</hi> 330.</item>
               </list>
               <list>
                  <head>Leut.</head>
                  <item>Of Lent and the weekly Fasting
days. <hi>l.</hi> 3. <hi>c.</hi> 4. <hi>r.</hi> 13. <hi>n.</hi> 4. <hi>p.</hi> 273.</item>
                  <item>Some Fathers affirm the Lent fast
is a tradition Apostolical.</item>
                  <item>ibid. n. 5. p. 273.</item>
                  <item>Some others affirm, it is an institu<g ref="char:EOLhyphen"/>tion
warranted to us from Christ.</item>
                  <item>ibid. n. 7. p. 274.</item>
                  <item>The Lent fast cannot be concluded
from the Example of Christ.</item>
                  <item>ibid. n. 8. p. 275.</item>
                  <item>The Original of the Lent fast much
later then the Apostles.</item>
                  <item>l. 3. c. 4. r. 13. n. 10. p. 276.</item>
                  <item>The Ancient use of the Lent fast.</item>
                  <item>ibid. p. 277.</item>
                  <item>It was unknown in the Church the
three first ages. <hi>ibid. n.</hi> 12. <hi>p.</hi> 277.</item>
                  <item>The Lent fast was in order to Ea<g ref="char:EOLhyphen"/>ster,
therefore could not be more anci<g ref="char:EOLhyphen"/>ent
then it. <hi>ibid. n.</hi> 13. <hi>p.</hi> 279.</item>
                  <item>In the first ages of the Christian
Church, the Fast before Easter lasted
but two or three days.</item>
                  <item>ibid. n. 15. p. 280.</item>
                  <item>The word <hi>Quadragesima</hi> &amp; <gap reason="foreign">
                        <desc>〈 in non-Latin alphabet 〉</desc>
                     </gap>
came from the fast of fourty
hours held immediately before Easter.</item>
                  <item>ibid. n. 15. p. 281.</item>
                  <item>That word in the Council of Nice
does not signifie Lent.</item>
                  <item>ibid. n. 16. p. 281.</item>
                  <item>Lents or Quadragesimal Fasts ob<g ref="char:EOLhyphen"/>served
by the Ancients were divers.</item>
                  <item>l. 3. c. 4. r. 13. n. 17, 18, 19. p. 282.</item>
                  <item>Divers conjectures about the reason
of the word Quadragesim<gap reason="illegible" resp="#TECH" extent="1 letter">
                        <desc>•</desc>
                     </gap>.</item>
                  <item>ibid. n. 18. p. 282.</item>
                  <item>In what sense S. Hierom calls Lent
an Apostolical Institution.</item>
                  <item>ibid. n. 21. p. 283.</item>
                  <item>Some errours of the Roman Church
about imposing the Lent fast.</item>
                  <item>l. 3. c. 4. r. 17. n. 15, 16. p. 306.</item>
                  <item>Bellarmine affirms, they are not
Christians that eat Flesh in Lent.</item>
                  <item>ibid. n. 17. p. 306.</item>
                  <item>The Primitive Christians did not ab<g ref="char:EOLhyphen"/>hor
flesh in Lent.</item>
                  <item>l. 3. c. 4. r. 17. n. 19. p. 309.</item>
               </list>
               <list>
                  <head>Liberty.</head>
                  <item>Libertas omnibus rebus favorabilior.</item>
                  <item>l. 3. c. 6. r. 1. n. 15. p. 405.</item>
                  <item>Christian Liberty, what it is, and
wherein it consists.</item>
                  <item>l. 1. c. 4. r. 4. n. 3. p. 145. <hi>&amp;</hi> 
                     <gap reason="illegible" resp="#TECH" extent="1 letter">
                        <desc>•</desc>
                     </gap>l. 3. p. 4, 17.</item>
                  <item>It is not Liberty from sin.</item>
                  <item>l. 3. c. 1. n. 5. p. 4.</item>
                  <item>By Christian Liberty there is no<g ref="char:EOLhyphen"/>thing
gotten to us before men, but be<g ref="char:EOLhyphen"/>fore
God there is.</item>
                  <item>l. 3. c. 1. r. 1. n. 28. p. 17.</item>
                  <item>We are free from the curse of the
Law by Christ. <hi>ibid. p.</hi> 18.</item>
                  <item>Wherein consists that Liberty which
Christs death hath put us in. <hi>ibid.</hi>
                  </item>
                  <item>We are freed from the Ceremonial
Law by Christ. <hi>ibid.</hi>
                  </item>
                  <item>Christian Liberty at first mistaken.</item>
                  <item>l. 3. c. 1. r. 1. n. 28. p. 19. <hi>&amp;</hi> pag. 4.</item>
                  <item>Liberty of Conscience how far it
should be permitted by the Supreme
power. <hi>l.</hi> 3. <hi>c.</hi> 3. <hi>r.</hi> 4. <hi>n.</hi> 15. <hi>p.</hi> 169.</item>
                  <item>Of Christian Libertie in relation
to whole Societies.</item>
                  <item>l. 3. c. 4. r. 17. n. 2. p. 302.</item>
                  <item>Jus <hi>trium liberorum,</hi> what it was.</item>
                  <item>l. 3. c. 1. r. 1. n. 37. p. 23.</item>
               </list>
               <list>
                  <head>Lie.</head>
                  <item>It is lawfull to tell a harmeless Lie to
save the life of a gallant brave man.</item>
                  <item>l. 1. c. 5. r. 8. n. 28. p. 201.</item>
                  <item>The Essence of a Lie does not con<g ref="char:EOLhyphen"/>sist
in its difference from the eternal
truth. <hi>l.</hi> 3. <hi>c.</hi> 2. <hi>r.</hi> 5. <hi>n.</hi> 4. <hi>p.</hi> 83.</item>
                  <item>Melanchthon in his definition of a
Lie, includes the hurting of ones Neigh<g ref="char:EOLhyphen"/>bour.
<hi>ibid.</hi>
                  </item>
                  <item>Of the Egyptians deceived by the
Jews of their Jewels by a Lie.</item>
                  <item>ibid. n. 7. p. 84.</item>
                  <item>It is lawfull to tell a Lie to children
or madmen for their benefit. <hi>ibid. n.</hi> 8.</item>
                  <item>A Physitian may lawfully tell a ly to
some kind of Patients. <hi>ibid.</hi>
                  </item>
                  <item>To tell a Lie for charity to save the
life of a husband, publick person or
Prince, hath been commended by wise
and good men.</item>
                  <item>l. 3. c. 2. r. 5. n. 10. p. 85.</item>
                  <item>Of the Lie told by the Egyptian
Midwives. <hi>ibid.</hi>
                  </item>
                  <item>It is lawfull to doe otherwise then we
promised, if the doing be better then the
saying. <hi>ibid. n.</hi> 15. <hi>p.</hi> 91.</item>
                  <item>It is not lawfull to tell a lie to save
ones fame. <hi>l.</hi> 3. <hi>c.</hi> 2. <hi>r.</hi> 5. <hi>n.</hi> 16. <hi>p.</hi> 91.</item>
                  <item>The Romanists give leave to tell a
Lie to save ones reputation. <hi>ibid. p.</hi> 92.</item>
                  <item>That Doctrine proved false.</item>
                  <item>ibid. n. 17. p. 92.</item>
                  <item>Synesius tells a Lie, to refuse a Bisho<g ref="char:EOLhyphen"/>prick.
<hi>ibid. n.</hi> 18. <hi>p.</hi> 93.</item>
                  <item>In a just wat it is lawfull to deceive
the Enemy, but not to Lie.</item>
                  <item>ibid. n. 19. p. 93.</item>
                  <item>It is not lawfull to deceive the Ene<g ref="char:EOLhyphen"/>my
when we are in treaty with him.</item>
                  <item>ibid. p. 94.</item>
                  <item>To use Stratagems is not to Lie.</item>
                  <item>ibid. p. 95.</item>
                  <item>
                     <pb n="548" facs="tcp:58903:585"/>
A Lie that serves charity must not be
against Justice.</item>
                  <item>l. 3. c. 2. r. 5. n. 23. p. 97.</item>
                  <item>If a man speak a downright Lie, he
can hardly be innocent.</item>
                  <item>l. 3. c. 2. r. 5. n. 50. p. 106.</item>
                  <item>Of the <hi>Lord Mayor</hi> of London his
slaying Wat Tiler.</item>
                  <item>l. 3. c. 2. r. 6. n. 9. p. 111.</item>
                  <item>The use of the word <hi>Loose.</hi>
                  </item>
                  <item>l. 3. c. 4. r. 10. n. 10. p. 264.</item>
               </list>
               <list>
                  <head>Lord.</head>
                  <item>What is the power of a Lord.</item>
                  <item>l. 3. c. 3. r. 1. n. 5. p. 134.</item>
                  <item>A King is not Lord over his people.</item>
                  <item>ibid.</item>
               </list>
               <list>
                  <head>Lords supper.</head>
                  <item>Of the Institution of the Lords sup<g ref="char:EOLhyphen"/>per.</item>
                  <item>l. 2. c. 3. r. 9. n. 1. p. 420.</item>
                  <item>The authority of Justin Martyr a<g ref="char:EOLhyphen"/>gainst
Communion in one kind.</item>
                  <item>ibid. n. 7. p. 422.</item>
                  <item>The Manichees who abstained from
wine, mixing themselves among the
faithfull, were discovered by their refu<g ref="char:EOLhyphen"/>sing
wine in the Sacrament.</item>
                  <item>ibid. n. 16. p. 426.</item>
                  <item>P. Gelasius condemned those who ab<g ref="char:EOLhyphen"/>stained
from the consecrated chalice.</item>
                  <item>ibid. n. 17. p. 426.</item>
                  <item>The time when the Chalice was first
withheld from the Communicants.</item>
                  <item>ibid. n. 20. p. 427.</item>
                  <item>Against Communion in one kind.</item>
                  <item>l. 2. c. 3. r. 17. n. 6. p. 543. <hi>&amp;</hi> n. 7. p. 544.</item>
                  <item>The Apostles taught the Bishops and
Priests to consecrate the bread and wine,
before they did communicate.</item>
                  <item>l. 3. c. 4. r. 12. n. 2. p. 269.</item>
                  <item>That none but the Bishop or Priest
could consecrate, is an Apostolical Ca<g ref="char:EOLhyphen"/>non.
<hi>ibid. n.</hi> 6. <hi>p.</hi> 271.</item>
                  <item>Of keeping the <hi>Lords day.</hi>
                  </item>
                  <item>l. 3. c. 4. r. 17. n. 24. p. 311.</item>
               </list>
               <list>
                  <head>Love.</head>
                  <item>He that Loves God above all other
things, loves him for his own sake.</item>
                  <item>l. 4. c. 2. r. 2. n. 9.</item>
                  <item>The measures of Love towards God.</item>
                  <item>l. 2. c. 3. r. 12. n. 1. p. 449.</item>
               </list>
            </div>
            <div n="M" type="part">
               <head>M.</head>
               <list>
                  <item>A <hi>Mad-man</hi> in his madness may be
punished for those Crimes he did
when he was in health, if to the punish<g ref="char:EOLhyphen"/>ment
no judicial process be required.</item>
                  <item>l. 4. c. 1. r. 4. n. 8. p. 491.</item>
                  <item>
                     <hi>Mandatum &amp; Jussio</hi> how distinguish<g ref="char:EOLhyphen"/>ed.</item>
                  <item>l. 4. c. 1. r. 2. n. 7. p. 458.</item>
               </list>
               <list>
                  <head>Magistrate.</head>
                  <item>The Civill Magistrate may punish
the thoughts of the heart, though they
never proceed to action.</item>
                  <item>l. 3. c. 1. r. 5. n. 6. p. 42</item>
                  <item>The Original of Magistracy.</item>
                  <item>l. 3. c. 1. r. 7. n. 1, 2. p. 46.</item>
                  <item>It is an ordinance of God.</item>
                  <item>l. 3. c. 2. r. 1. n. 2. p. 53.</item>
                  <item>If the Son be a Magistrate, the Ma<g ref="char:EOLhyphen"/>gistrate
is exempted from the Fathers
power, but not the Son.</item>
                  <item>l. 3. c. 5. r. 8. n. 22. p. 391.</item>
               </list>
               <list>
                  <head>Marriage.</head>
                  <item>Marriage of Bishops and Priests.</item>
                  <item>l. 3. c. 4. r. 20. n. 15. p. 332.</item>
                  <item>Aeneas Sylvius, Panormitan and Cas<g ref="char:EOLhyphen"/>sander,
were against it. <hi>ibid. n.</hi> 16. <hi>p.</hi> 332.</item>
                  <item>Writers of the Roman Church a<g ref="char:EOLhyphen"/>gainst
it. <hi>ibid. p.</hi> 333.</item>
                  <item>It is an intolerable burden.</item>
                  <item>ibid. n. 17. p. 333.</item>
                  <item>The Nicene Council is against it.</item>
                  <item>ibid. p. 334.</item>
                  <item>The great difficultie some holy men
found in the obeying that Law.</item>
                  <item>ibid. n. 17. p. 335.</item>
                  <item>Of Marriage.</item>
                  <item>l. 2. c. 3. r. 5. n. 6. p. 408.</item>
                  <item>Contract and Congress do effect as
well as signifie a marriage.</item>
                  <item>l. 3. c. 1. r. 4. n. 1. p. 38.</item>
                  <item>Cassander affirms, that that Law
which injoins single life to Bishops and
Priests, ought to have been relaxed,
though it had been a Canon Apostolical.</item>
                  <item>l. 3. c. 4. r. 11. n. 4. p. 267.</item>
                  <item>To forbear marriage is not a means
of preserving Chastity.</item>
                  <item>l. 3. c. 4. r. 20. n. 17. p. 336.</item>
                  <item>Is not in every mans power.</item>
                  <item>ibid. n. 17. p. 337.</item>
                  <item>It does no good at all, is no service of
God. <hi>ibid. n.</hi> 18. <hi>p.</hi> 338.</item>
                  <item>Virginity is not more holy then chast
Marriage. <hi>l.</hi> 3. c. 4. <hi>r.</hi> 20. <hi>n.</hi> 19. <hi>p.</hi> 338.</item>
                  <item>Spiridion a Bishop was married.</item>
                  <item>ibid. n. 19. p. 339.</item>
                  <item>So was the Bishop of Nazianzum.</item>
                  <item>ibid.</item>
                  <item>A comparison between the Married
and unmarried life. <hi>ibid. n.</hi> 20. <hi>p.</hi> 339.</item>
                  <item>Marriage does not hinder the service
of God. <hi>ibid. p.</hi> 340.</item>
                  <item>The Roman Senate forbad their
Souldiers to marry. <hi>ibid. p.</hi> 341.</item>
                  <item>Christ and his Apostles left it free for
Priests to marry. <hi>ibid. n.</hi> 21. <hi>p.</hi> 341.</item>
                  <item>The practice of the ancient Church
is for it. <hi>ibid. n.</hi> 22. <hi>p.</hi> 342.</item>
                  <item>It was permitted to the Clergy the
first 400 years. <hi>ibid. n.</hi> 23. <hi>p.</hi> 342.</item>
                  <item>The Priests in France refused to put
away their wives at the Legates perswa<g ref="char:EOLhyphen"/>sion.
<hi>ibid.</hi>
                  </item>
                  <item>Not forbidden in England till <hi>A. D.</hi>
1100. <hi>ibid.</hi>
                  </item>
                  <item>When the Church did allow marriage
to Priests she did forbid it after Ordina<g ref="char:EOLhyphen"/>tion.</item>
                  <item>l. 3. c. 4. r. 20. n. 24. p. 343.</item>
                  <item>The Greek and Eastern Churches
did oblige their Priests to single life, if
they were ordained in that state.</item>
                  <item>ibid. n. 26. p. 344.</item>
                  <item>They were permitted by the Ancient
Church to marry after Ordination.</item>
                  <item>ibid. n. 27. p. 344.</item>
                  <item>The practice of the Latin Church
about the Marriage of their Priests.</item>
                  <item>ibid. n. 28. p. 346.</item>
                  <item>Gregory Nazianzen had Sons born
to him after he was consecrated Bishop.</item>
                  <item>ibid. p. 347.</item>
                  <item>They annexed a vow of Continence to
holy Orders. <hi>ibid. n.</hi> 29. <hi>p.</hi> 347.</item>
                  <item>Concerning the second marriages of
Priests. <hi>l.</hi> 3. <hi>c.</hi> 4. <hi>r.</hi> 20. <hi>n.</hi> 29. <hi>p.</hi> 348.</item>
                  <item>The Church of Rome does without
scruple frequently ordain those that have
been twice married if they will pay the
mulct. <hi>Ex Spalatens.</hi>
                  </item>
                  <item>ibid. n. 29. p. 349.</item>
                  <item>Children may not marry without
their Parents consent.</item>
                  <item>l. 3. c. 5. r. 8. n. 7. p. 381.</item>
                  <item>Isaac did not marry without his Fa<g ref="char:EOLhyphen"/>thers
leave, though God had design'd the
Marriage. <hi>ibid. n.</hi> 8. <hi>p.</hi> 382.</item>
                  <item>Marriages against the Parents consent
the Civil and Canon Law pronounce
invalid. <hi>ibid. n.</hi> 9, 10. <hi>p.</hi> 383.</item>
                  <item>The Church did sometime anathe<g ref="char:EOLhyphen"/>matize
those that married without their
Parents consent. <hi>ibid. n.</hi> 11. <hi>p.</hi> 384.</item>
                  <item>It is reason a Son should be left at
liberty in nothing more then in Marri<g ref="char:EOLhyphen"/>age.
<hi>l.</hi> 3. <hi>c.</hi> 5. <hi>r.</hi> 8. <hi>n.</hi> 13. <hi>p.</hi> 384.</item>
                  <item>When Sons and Daughters are of
competent years and have the use of rea<g ref="char:EOLhyphen"/>son,
they can of themselves contract mar<g ref="char:EOLhyphen"/>riage.
<hi>ibid. n.</hi> 14. <hi>p.</hi> 385.</item>
                  <item>The Council of Trent declares all
clandestine Marriages null.</item>
                  <item>l. 2. c. 1. r. 5. n. 4. p. 253.</item>
                  <item>The Church of Rome does ill to give
leave to either of the persons married
to break their vow, and enter into a re<g ref="char:EOLhyphen"/>ligious
house. <hi>ibid. n.</hi> 5. <hi>p.</hi> 253.</item>
                  <item>Every <hi>Error Persona</hi> does not annual
Marriage. <hi>l.</hi> 2. <hi>c.</hi> 1. <hi>r.</hi> 7. <hi>n.</hi> 2. <hi>p.</hi> 260.</item>
                  <item>Of the prohibition of Marriage in
certain degrees.</item>
                  <item>l. 2. c. 2. r. 3. n. 17. p. 292.</item>
                  <item>The Persian Magi were begotten of
the Mother and the Son. <hi>ib. n.</hi> 23. <hi>p.</hi> 295.</item>
                  <item>Of the Marriage of Mothers in Law
and their husbands children.</item>
                  <item>ibid. n. 29. p. 299.</item>
                  <item>God hath not forbid to marry our
kinred, but only the nearest of our flesh;
<hi>Propinquos,</hi> not <hi>Cognatos.</hi>
                  </item>
 